)LIWK6HULHV9RO;9,,,1R 7KXUVGD\$XJXVW 6UDYDQD 6DND 

/2.6$%+$'(%$7(6

)LIWK6HVVLRQ )LIWK/RN6DEKD 

/2.6$%+$6(&5(7$5,$7

1(:'(/+,  CONTENTS

Ato. 13— Thursday, August 17, im/Sravana 26,1894 (Saka)

Columns O n! Answers to Questions-*

♦Stsit'd Question* Nos. 241 to 245, 248,250 and 251 1—40

Short Notice Question No. 2 30—41 Written Answen to Questions—

Staffed Questions Not. 246. 247, 249 and 252 to * 0 . m ~ $ 2

Unstarred Questions Nos. 2380 to 2392, 2394 to 2412, 2415 to 2444, 2446 to 2456, 2458 to 2494, 2496 to 1510. 2512 to 2521, 2523 to 2&I* 2540 to 2546 and 2548 to 2579. 51—1*8

Calling Attention to Matter of Urgent Public Importance—* Reported Smuggling of foreign watches etc. by scare European Consular officials in Calcutta. 189—92 Laid on the Table : 1&—94 m ag es from Rajya Sabha 194 jcioria Memorial (Amendment) Bill—

Aa passed fay Rajya Sabha 194 Central Sales Tax 'Amendment) BID—

Report of Sclect Committee and Evidence 194— 5 Bills Introduced »—

fl) Wiki Utp (Protection) Bill 195

(ii) Seeds (Amendment) Bill 195 Constitution (Thirtieth Amendment) Bill—

196-27

ShrifrJLGofcbale 196-98, 224 -32

. . 199—204

niastga-hmwted q u ts tia n ^ itlnMMh Wat yk>i / " m i R. V, _ _ _

.2074-#";

Shri A. K. Spn

). K. Panda

ri R. 0 . Bhandare ' I f 6*—18 v Sj|ri Shyamnandan Mishra

Shri Dinesh Chandra Goswami 2 2 1 ^ 3 ,

J$hri G, Viswanathan 2fi&~24

Clauses 2, 3 and 1 m—ioj

Motion to Pass 262 j lncoire Tax (Amendment) Bill. 1972- Motion to consider 270—76

Shri K. Baladhandayutham ZHk-72

Shri K. ft. Ganesh m *

Clauses 2 to 6 and 1 27 ^

• -1 Motion to Pass 274

Shri Shivnath Singh 274—-75^

Shri K. R. Ganesh 276

public Debt (Amendment) Bill—

Motion to consider M! '■i'-.swhflk Shri K. R. Ganesh . vv ' - • ** v,

Shri Dasaratha Deb , ■ ;.’ > % . J ShH K. M. Madhukar ■/, |?;'y:y Shri JL Narayana Rao ■ Shri C. T. Dhandapani

Clauses 2 to 5 and 1 ,v;...... Vi- ■■■ ?** <«?)

ooua*N*

Shri K. R. Ganesh ...... 282

Taxation Laws (Amendment) Bill—

Motion to consider, as reported by Select Committee ...... 282—316

Shu Yeshwantrao Chavan ...... 2ft?— ftfl

Shri Virendra Aggarwal ...... , 288—91

Shri B. R. Shukla ...... 291*-$!$

Shn Dasaratha Deb ...... 295—98

Shri G Viswanathan ...... 299—301

Shri K. Baladhandayutham ...... 301—06

Shri K. Natayana Rao ...... 307— 10

S htlC M. Stephen ...... 310—14

Shri Satpal Kapur ...... 314—1$ LOK SABHA DEBATES

I « 2 LOK SABHA THE MINISTER OF LABOUR AND REHABILITATION (SHRIR.JC. KHADIL- Thursday, August 17 . I9?2]Sravana 26 * / M KAR): The question is about industrial rein* (JkoM tions law and we contemplate bringing for ward a Bill on the basis of the recommend** tions of the National Labour Commission. We placed it before the tripartite body, the TV LoAr SaMa met at Eleven of the last national labour conference. The three Clock national trade un4ons met together as a group and they have submitted their agree­ fMR SPFAKtR in the Chair} ment On (hat basts we are bringing for* ward that legislation. As for the second part, we are in consulation with the State ORAL ANSWERS TO QUESTIONS Labour Ministers and 1 think I should be able to introduce legislation m the next Bill on Industrial Relations session.

*241. SHRI C. T. DHANDAPANI ; SHRI B. V. NAItC : Is that Bill going Will the Minister of LABOUR AND to be only bilateral relationship between REHABILITATION be pleased to state : labour and capital or between labour and management ? Are you alto going to consider (a) whether all the Labour Trade Union's the points of view of the consumers whe­ have been consulted with regard to the ther individual or collective or group 9 introduction of the Industrial Relations Will lhe consumers’ point of view be taktn Bill; and up as part of the industrial relationship ?

(b) if so, what were their views ? SHRI R. K, KHADILKAR: Every time we take up this question of industrial THE DEPUTY MINISTER IN THE relationship, we keep in ntmd the probable MINISTRY OF LABOUR AND RFHA effect that it will have on the consumers. BILITATION (SHRI BALOOVIND Beyond that there is no special organisation VERMA) ; (a) and (b). The proposed whom we could consult. comprehensive Industrial Relations law Will take into account the various views sft JV l

: orgamsBtkffls . with eertata j»o* ■ ■ ■ blems ■; '4ft ■. becausethere' is': < |o iiit;;W»! £*.■'

■ ■ m r . s p e a k e r i ■ make a speech. :.'■ So far as '. tta imposed legislation is concerned* we SHRI R. K. KHADILKAR : T!w tWce Consult the three national trade union national trade union centres have formed a eeritres along with the employees’ organise* Council of Trade U*ioas. Through that, ■ ' Govts. About the first they can take i^ 'M rm te ,.. ■; jMdt'' I would assure him approach the Government. So far * i rising %ihat:;Wr-aire consulting the State Labour prices and other causes for industrial ^ l ^ t e r s and all the recommendations, as discontent are concerned, we deal with them ' made by the National separately. This is not a form for dealing Lab^ur Gommission will be given effect to* with individual problems. ’■''lusejping' in view the general consensus that we have arrived at. SHRI S. M. BANERJEE : What about the demand for wage rise and bonus ? : (t j w w WWW : ,5ft TOT VT SHRI A. P. SHARMA : Industrial arm i ^«r® «p» % relations do not deal with wages and bonus. '■■m. wm w*r? *t % fiwrcf m w SHRI R. K. KHADILKAR : That is ';fo s 3 ?WI%W>r 5i ? right. Industrial relations law does not deal with wage structure and bojius. SHRI R .K . KHADILKAR : That is not one of the three national trade union MR. SPEAKER : You do not recognise centres. Certainly I talk with their leaders the Chair. He does not recognise the but not as an organisation. Chair. What am I to do ? Kindly have a took at sie also; SHRI A. P. SHARMA : It is gratifying to note that the minister has consulted the SHRI R.K. KHADILKAR : Y*s, Sis, three; national trade union centres* as he calls them. May I know whether this SHRI M. RAM GOPAL REDDY : It Industrial Relations Bill is also going to is gratifying that the Labour Minister is affect the lakhs of Central Government consulting the labour organisations before employees and may I know whom he is enacting laws. Will he advise the other going toconsult about them. ministries also to consult the otl^ker interests at the time of enacting laws ? SHRI R. K. KHADILKAR : Central Government employees are governed ' MR. SPEAKER : Please be relevant to separately under the JCM. ThHr machinery this question. ■■■. a/: ly for Consultation is different. They are by convention not governed by industrial law. ' taftf yfr ftmfrrw i * ' f ir t • f ■ “wertt I : Wijtnt • "ztnt ( * 15 ;J . : It appears' W ?fhr 9WF#«r from the answcr tha he will ba able to intro* ?TT*T $ «WrytT V? WmTO $ fWJ Wf* ■V; 1811; ,' next' session. . In . the v t o going to -be- » fast f t wm r 9 hft | ? trfir ft, «ft w ft w detcmration Industrial; relations in fWfir t w w wr swif ( .? the country because of the rising prices and: : f ' wage1 rise . .SHRI a . i t . JLHAJMLitAR and bopus. In the intervening period* is Mwdoor Santh h u Mw l

.;Wt;: b ea sk e d in ■ provocative manner, t h i t : ■ fceift. ;■ i Is aotgood. Do not provoke. them. Then it will be a headache which is transferred C&romcTce has made a quietly tit down and I have ment that the «treochment hw been m«ch : ;; ^'■■■; :^v:v,;; o. ; biggerbecause o fth e - ways for the last .to'ijN ^^:-'- P* M. MEHTA : As*mic*bte ore from .mine: site; for ■■■ exjxwt ■ * i a ■: relationship between the management and and the shortfail "wgsC one ; in the puWic aestor: during 1970*71 and 1971-72 1 If undertakings of this country, dothe govern* far this statemcnt is true ? i^p» raent propose to have strict application of have been taken - in- this regard ? thiskjpWatfc» to the public sector under­ takings? ' / :;. SHRI SHAHNAWAZ fli;1 i ■ true that the raU ways had ha vesomedifficul- SHRI R.K , fcHAmtKAR : Industial ty in moving the iron ore from thearea for law wit) Apply topublic sector undertakings export vig Paradip. Even though the as well. target for export through Paradip was 18 K lakhs tonnes, the actual performance was 13*45 lakhs tonnes, leaving a shortfall of Closure of Iron ere Mining Industries about 5 lakhs tonnes, in Bihar and Orissa SHRI ' RAM': SHEKHAR PRASAD - + SINGH : In reply to part (a) of the ques­ ♦242, SHRI GIRIDHAR GOMANGO : tion the Minister has stated th at ■mm.of' SHRI RAM SHEKHAR PRASAD these mines have been closed. Which Ate SINGH ; those mines and how many of them are in Bihar ? What is the position of the work- Will the Minister of STEEL AND ers in those mines which we dosed f Will MINES be pleased to state : they be absorbed elsewhere or wilt they continue lo be unemployed ? ■: (a) whether iron ore mining industries in the Barajatnda and Banspani areas of ,' SHRI;' ^HAllHAWAJE; :■■■ ICllAH^/ : ' ;,T1ie'.. Bihar and Orissa are lacing elosure; total number of workers' ,,so;.'; . varies from 1,800 to 2,000.' (b) whether 10,000 workers have already hgs been no large-scale retrenchment, there been retrenched from January to March, has been fgirty ■ 1972; and . m inesaffectedare Kasia-Barpada Iron Ore Mines No. .1 and 2. Seramda-Bhadrassai (c) the steps being taken by Govern­ ■ Manganese Mine No. I ; ment in this regard ? Mine Jartiri Jtrfcn Otje Mltt$i Oorumaii^ ■ *ani Iron Mine and Pumapani Iron Mine, QiMKlift' OP STATE IN tHE MINISTRY OF . 'STEEL ' AND ■■MINES ; S«RI 'V ^ ahgs^, been ; itited.:':just'C;iiow;;:.*re;Jam ^orif,:.;. b y so m e o fth e iron ore mines in Bihar- ■. Orissa resulting in theclosure of some of them.. ' sationunderthelndust^

tb) H©, ;Si». strictly doe*., .not come within the purview , ^c) The matter has under constant aftb e M itrt# r^ of Steel and Mines. I : rm£»« ili consolation with the Ministry of. presume tfa i the lxiw 6a the subject *91 he /r nWb':: iii,';w*ew- ,iro,.. lon^roye ■«*; ■ olNtyed^ •. .. there ire. d^nlfe . s ^ of the rtqa*r*4 »tm»ber «£- wagons htlek anifeguUrtibhs ;*wr' m o w e ^ t.# * * ■: “ 7 Oral Answers V' ! V;'.' '■' !:>-V

'. MR*; SPEAKER' : I «m just silent over if &ieja»tt'ft ^ ="*‘ tAV>-iK^VJsSolt-'*;- ;>J^KviSfe|it-Elt»eE : win Question. But, 1' ihthk,_, he';i^uld.^\rW3iife-:;: ■ '■ AFFAIRS . be hear about the 'Question./,' W

SHRI H. NL MUKERJEE : My submis­ (a) whether the United States Air Force sion is that it comes wfthin tlie ambit of planes have attacked the dyke system in the Question. North Vietnam several times in recent weeks fitting In l^ v y lots of life to civilian MR. SPEAKER : You have gone to population; .-. the P. R. G. and all that.

■(e) if so, the nature of the efforts made In view of the special responsibility in this direction ? devolving upon the Government of India to concretise its sense of protest against THE DEPUTY MINISTER IN THE American imperialism and their bombing in MINISTRY OF EXTERNAL AFFAIRS Vietnam, may I know why it is that the (SHRI SURENDRA PAL SINGH) : (a) The External Aftairs Minister at Guyana appea­ DRVN Government have informed the red to be more apologetic about the walk­ Government of India of the serious damage out of Indonesia and Malysia rather than caused to their dyke system by the U. be positive about the admission of P. R. G, S. bombings and loss of civilian lives. which would have shown that we do not follow a namby pamby policy in foreign (b) and (c). Government of India have affairs ? consistently opposed the U. S. bombings of Vietnam and expressed serious concern SHRI SWARAN SINGH : I am sorry over the situation resulting therefrom. This I do not agree with the assessment of my open reiteration of our stand on the subject attitude in Guyana which the hon. Member is in itself a powerful clement in mobilising has formed. I think, it is based on incomp­ world opinion, lete mformarion about all that happened tn Guyana. SHRl H. N. MUKERJEE : Since meek and mild gesture of moral reprobation of MR. SPEAKER : You could put a the impossibly atrocius conduct 'of the direct question on that. I am sorry I allowed American imperialists appear to be incons­ him to side-track form the main Question equential, miy I know whether the Govern­ to P. R. G. and Guyana. This i* about the ment has proceeded in the matter of recog­ bombardment of the dyke system in North nition of the Provisional Revolutionary Vietnam. I would request the Members to Government of south Vietnam wh ch would confine themselves to the Question. be a proper answer to the operation of bom­ bings in such barbaric fashion 7 SHRI DINESH CHANDRA GOSWAMI: May I know whether in the recent Confere- ; THE MINISTER OF EXTERNAL nee which the hon. Minister of External AFFAIRS (SHRl SWARAN SINGH) ; It is Affairs attended; this matter was formally tit a suggestion for action. informally disclosed or, even if itwas not discussed, whether any ffceler Vwj» thrown SHRl ;H. N. MUKERJEE : Efforts firom the Indian aide m ma<$e in the direction include not only moral gestures of the kind Sardar Sahib : m m made but atso certain diplomatic and other :' inf cfrmthe House ^tfcat: th li',^ p e r : 4irectlojBi. 1 not know what t'.in VV In the iaiti«rtta*ei iome f»bie P Oral Amwete SRAVANA *6, t m \S.4KA) Ora/ Answers JO att*mpi* w m made by the U.S.A. Admin i* tion and the bombing by * the Americans of station to deny, but t think, more and Notth Vietnam territory, including dykes, nwre evidence that has no# been was very much before the Guyana Confefe* available, particularly from independent nee, and if the hon. Member carefully sources, does point out conclusively to the studies the relevant resolution and declara* fact that dykes have been the subject matter tion he will find the afower to what he ts of bombing and it is also clear that even asking me. bombing of points quite close to the dykes has also caused serious damage to the SHRI R. S. PANDEY : Heavy bom* dykes* This matter has been a subject btngs by Americans’s gomg on in North matter of discussion, and this matter, along Vietnam, and Mr. kissinger is also gding with the general question of bombing of here and there. The Minister of External North Vietnam territory, was vary much in Affairs is competent enough to assess the the minds of the delegations in Guyana, American attitude. May I know what exa­ The final resolution and declaration does ctly is the motive of the Americans ? Do contain reference to the situation m Viet* they want to destroy North Vietnam or do nam and has also taken a positive and clear they want to finish the war or do they want stand of oppo&mon to the bombing and of to negotiate and come to some sort of finding solutions which are acceptable to the solution ? people of Vietnam. SHRI SWARAN SINGH : I wish I SHRl KRISHNA CHANDRA BALD­ could answer for the United States. Govern* ER : 1 want to know from the Minister ment. But I cannot. whether Government is prepared to move and pass a resolution condemning the bom* bing by U S Air Torce of North Vietnam SHRI P. VENKATASUBBAIAH ! 'Hiere dykes and civilian population to rouse has been the reported vui« of Dr, RisJinger world opinion. to South Vietnam to persuade that Govern­ ment to ccme to some sort of an underst­ anding with North Vietnam May I know SHRl SWARAN SINGH : No resolu­ whether the rote of India and also that of tion is required. We have expressed our the non-aligned nations had had any impact viewpoint very categorically more than on the United States to make them initiate once. this move ? I also want to know' whe­ ther it was known to our Government SHRl G VI5WAN ATH AN : In view before Dr, Kissinger made his visit to South of the fact that even leading American poll* Vietnam, ttciam have attacked their own Government for bombing on the dyke system in North MR. SPEAKER : Why do you not Vietnam, I want to know from the Minister put a separate question on this ? what concrete steps have the Government of India taken to rouse public opinion, SHRl P. VENKATASUBBAIAH : This apart from issuing pious statements I also is my question : whether the reported visit want to know whether they had taken up of Dr. Kissinger . . . the question in the non-aligned Conference to have a separate resolution condemning the bombing of the dyke system in North MR. SPEAKER : So many people Vietnam, come and so many people go. Please ask a relevant question : whether any Ameri­ SHRI SWARAN SINGH : With regard cans tried to . . * (Imerrppfton*) You are to the first question, the opinion is suffice again going to repeat it 1 ently roused in oar country and ail over the world* and I do not know what mono he mm R VEJ'TCCATASURBAiAJf : I w«a U oi to do in tttlo tftsp&t. m m repeating it, *

About the tttmd quwtton, «l I have SHR! S^AR^N SINGH :> We knew oM ttkiHly. tfce HBHUooof Vfetntm «**»»- th*t jwMrAgr Or. WMMfW flwpta apUm II Oral Answers AUGUST H. m 2 Oral A n sw m 12

an* be fas reached Safeon. What he in Setting tip of Mineral Exploration going to do there, are his plans—I CorporaHen do nor know anything at all.

SHRI S. M, BANERJEE : Before I • m SHRI S. A. MURUOANANT- put a question, I really wanted to bring to HAM : your notice that when we put questions, SHRI ARVIND NETAM; 1 have seen that an American diplomat is violating the rules and regulations and goes Will the Minister of STEEL AND MINES on taking notes there sitting in the gallery. be pleased to state : They come here merrily and go on dicta­ ting their own terms I want that that should (a) whether there is a proposal to set be snatched away. The security men up a Mineral Exploration Corporation to should be sent immediately to snatch it accelerate the mineral exploration progra­ away. mme in the country;

MR. SPEAKER ; It happened once (b) if so, the mam features thereof, and earlier also. Don’t make reference to the galleries. (c) the time by which the Corporation is expected to be set up ? SHRI 1NDRAJIT GUPTA : A little while earlier* the horn Minister said THE MINISTFR OF STATE IN THE that In the beginning the American ad­ MINISTRY OF STEEL AND MINES (SHRI ministration was trying to deny the fact SHAHNAWAZ KHAN): (a) and (b),Govern* of the bombing of the dyke*, but later on, ment have taken a decision to set up a was forced to admit the truth I would Mineral Exploration Corporation in the like to know from him . irrespective of public sector with its headqurters at Nagpur whether the Americans deny or confirm it, To start with, this Corporation will function have we on our own sought or received any with the personnel and equipment to be direct information from our envoy m Hanoi transferred from the Geological Survey of who, being on the spot, is probably in a India, The Corporation will be charged with position to give us a better ard fuller in­ exploring m detail and proving the resources formation and on the basis ot that in­ m srccific mineral prospects in the shortest formation , can he tell us as to what is the possible time in order to facilitate their actual extent of the bombing cf the dykes expeditious exploitation, the damage caused to the civilian population and cultivation and so on, and (c) The Corporation is expected to be fik tb it testa, why has the Government of set up within 2*3 months. in^ta not said anything ? Why are you to wait ft? the Americans to deny or confirm SHRI S, A. MURUGANANTHAM: May I know from the hon Minister whether Rs. 100 crorcs is being spent for the import SHRI SWARAN SINGH : It is t of non-ferrous metals ? pertinent question. We did receive m- fomation from our own representative in MR. SPEAKER; TNs question is about ifaaoi who, along with certain other diplo- setting up a Mineral Exploration Corporation trates, was taken by the North Vietnam to accelerate the mineral exploration progra­ aatfeoriffcs to see some of the dykes which mme. You ask it hi the shape «f question have tflpi damaged by bombing. Of courtfe* and 4®n't give information yourseif. he M m not go to all the places and, there- fore, *f was «ot possible for him to assess SHRI SHAHNAWAZ KHAN i 1U the entire damage to the dykes caused by import bfH of metals would be about R$, bombing. But he Ad see with his own 200 crores roughly, IM m t 4 report to ug that he did tee damage caused to some dykes by s h r i w bombing, I kr.owfrom the *kw Minister whether Dw» 13 Oral Answers SRAVANA 26, 1894 (SAKA) Oral Answers (4

Oov emment propose to take urgent steps to MR. SPEAKER: U rn going to divert *ee that this drain of foreign exchango is my eye for the question. Anyway, you stopped at the earliest f can ask, but kindly don’t make it a practice. SHRl SHAHNAWAZ KHAN: Tfc Cove* foment is doing its utmost to ensure that SHRl INDRAJIT GUPTA : Are there our dependence on imports of metal any complaints for ail these long years is reduced as quickly ts possible. The that the mineral exploration work carried House would be glad to know that as on so long by GSI was unsatisfactory or far at alummmm is concerned, we art on the inadequate ? If not. what are the specific way to attaining self-sufficiency. Sizeable reasons which have led the Government, reserves of copper have also been found* in the face of opposition by many scientists We are developing that. Nickel also has and expert*, to bifurcate mineral explo­ been struck in Orissa and in respect of lead ration work from GSI and to set up and fcinc, sizeable deposits are there. We an absolutely independent corporation are trying to develop that as fast as we can. now.

artSmr %wm: ar*fr iftft % THE MINISTER OF STEEL AND rw rm r fa fr*ft?5Tfa*r$T tri m %fatw MINES (SHRI S. MOHAN KUMARA- m f& MANGALAM): The decision of the Govern* ment was taken on the basis of the report WfiWT I $ 3TT?RT ^rr^TT g f a fa?RT SSHB that was submitted by a Sub-committee of ^ i w t faqT anfr«n aftr *ftt *srfq> *rr^ the Committee on Science and Technology consinng of leading scientists of this country. srr??r ^ arTt^trf^rsff ^ $Rr «pt *f%irr i It is called COST. The main reason advanced by them, which was accepted by cifQMtv *it: snft % UTer the Government, was that geofogicat mapp* fiiprt fa fw faOT 5m x f a s t ing was proceeding rather slowly and that it would be better to separate the work of ijfw a r t i % t o t t pure mapping on the one hand and the 19TW *fWT, ftfa«T STf dfa ^TTT work exploration on the other band. In many countries there Is a division between it m r %nm m sere #«rr i the work of mapping and Che work of exploration. It is really in pursuance of this SHRI PARlPOORN AN AND PAINULI: principle, alter considerable discussion, Will the hon. Minister be pleased to state and after getting advice from leading whether as a prerequisite to mining operati­ scientists, that this decision was taken. ons and mining explorations, detailed survey of the mineral deposits would be conducted, especially of th* deposits in the Himalayan SHRUNDRAJIT GUPTA: It is not region by the Photo Interpretation Institute ? clear whether the mapping will be done in the new corporation or whether it will SHRI SHAHNAWAZ KHAN : That continue to be done by the GSf. will be one of the mein ftmctioas of the Mineral Exploration Corporation. The SHRl S. MOHAN KUMARAMANGA- boo. Member would be glad to know that LAM : Survey work which really is the already the OS1 have prospected various work of mapping it being done and will minerals In the Himalayan region, continue to be done in the GSI. After mapping reveals the existence of mineral SHRI INDRAOT GUPTA : ww. reserves, in any partk&lar area, the work will theobe transferred to M&C (Mineral m , speaker t if m * & m m Exploration Corporation) to decide on Ihaveoot been able to finish these ques* tffaettie? tlttts* m m m could becommer- or not. When a decision Is nyrtvftd at ***** they are $k * i Banunr oum tfc# nfW «e in S tott ' _ . iU Want ’his "already: be€*t . basis of ^ tfce ■'*-,■ I. 11 1 V '! '‘ •■" i"'' f ■ , l HI J . 1 t , V' ■• ■ tants, Hindustan .Stleiy^ki iC^strwtlofft,. ■ *245;S’:>Jmii:rB;;;V. NAIK : . ■ ' ' Ltd., a Government of India undertaking ^:^;;^KIJA O A N N A TH MISHRA : have commended site levelling w oi^W ith the consthtetipn activities having started, 4 Wm tlw Minister of S FEEL AND separate codipany for the management of :;-3MlV0BS-fc*- jfrliirtfited-'-W 'i • the Salem Project, is being incorporated shortly. ■v'r: ;^ :progreis so far made in the setting up of the three new steel plants in 4. The Project is expected to, be theSouth; :' commisstioncd in 1977-78.

(b) the time by which these three plants Vijayanagar and Visakhapatnam Steel Plant* are expected to go into production; and 5. The Techno-Economic feasibility (c) the total area of land acquired by Reports were received in early 1972. The fchese plants at Visakhapatnam, Hospet eost estimate vr.ried from Rs.747 crores to and Salem respectively ? Rs. 819 crotes for different alternatives. Besi­ des, it emerges that the plant would make THE MINISTER OF STEEL AND a considerable loss. A Study Group was, MINES (SHRI S; MOHAN KUMARA therefore, constituted to examine the MANGALAM) : (a) to (c). A Statement Feasibility Reports with a view to reducc is laid on the Table of the House. capital and operating costs. The Group has finalised its work and is expected to Statement submit its Report shortly. (a) to (c). The progress made so far In respact of the new steel plants is given 6. By 31. 3. 1972 about 3,216 acres hereunder. The extent of land acquired/ of land had been acquired for the Vijaya- being acquired is also indicated: nagar Plant. Preliminary estimates for site levelling are being prepared. For the Salem Steel Plant : Visakhapatnam Plant land acquisition proceedings are in the progress. Initially % Based oil the Consul rants* techno* about 5*500 acres of land is proposed to economic feasibility report of the project, be acquired. an investment decision was taken in May 1972, for setting up an alloy and special 7< With a view to reduce the lend 4MMeLplaat at Salem with the foUowing time required for the manufacture of product-mix; equipment as well as to maximise the indigenous content, a panel of Experts Sheets/strips Tonnes per annum for Standardization of Steel Plant Equip* ment was constituted in January. 1972. The recommendations made by the Panel Stainless steel 70,000 in their Report submitted ift Ma& l972 have been largely accepted. Steps have, been Siltconsteel 75,000 initiated to plafee orders for tlii major equipment on the Heavy Eftgtnderinf ■.■;'?■'.' • 30,000 Corporation and other public sector engi- neering to ■■■; Wash heats (Mild Steel) 2Q$do •. ■ assess th e.; manpower; ! j^ireinents~:>:d^rin*: / ■ theconstrucrtdn as well a* the operation ■k '■' *^,00tf tonnes ' #1^ ...

. A- Aitiffigemepts hav^ bew? testH^/^^-'tnlptiii.. - National MfM&^eal Laboatf:3fern*' . IT 0 ^ 1 AfiStWerS SRAVANA i m (SAKA) Oral Answers 18

sM pur, Central ftiet Research initltttte, time for bringing them into commission will 0hanb*d and abroad. be different. I do not think that there is fny discrimination involved except the dis­ 9. Topographical surveys in respect crimination between alloy steel on the one to all the sites foave been completed. Rail- hand and ordinary steel on the other, which ways have also completed their prelimi­ unfortunately exists in life. nary surveys for providing exchange yard? and sidings. The schemes prepared by the So far as the question of loss is con­ respective State Governments for meeting cerned, the hon. Member has put forward the requirement of water, during the project a point which has some relevance, and I cost ruction stage, as well as during the can assure him that we are examining the operation stage are under consideration. entire pricing system of steel products to Initial load bearing tests on soil have been try to arrive at a proper conclusion. completed. SHRI B. V. NAIK : May we know 10 According to a schedule of cons* whether there is any possibility of further t ruction indicated by the ConsuJtatnts in 'preponmg* the date of commissioning of the Feasibility Reports, the Plants would the Vijaynagar and Visakhapatnam plants ? take about 8 years from now to be com­ pacted Measures, including those men­ SHRI S. MOHAN KUMARAMANGA- tioned above, are in hand to reduee this LAM : I am not quite sure about the time meaning of that English word 4prcponing\ but I presume that it means that he wants SHRI B V NAIK : From the state­ to bring it forward. So far as *preponing" ment 1 find that the Salem stee) plant is ts concerned, every effort is always being expected to go into production in 1977*7$, made to ‘prepone’. while for the other two plants at Vijaynagar and Vtsakhapainam, no specific date of Mr . SPEAKER : 'Poning* is the commissioning has been given, even though common thing between the two. broadly it has beeh mentioned that it would take about eight years. I hope that the SHRI S. A. SHAMIM : 1 hore that distinction between the two ts not deli­ this 1$ not unparliamentry. berate and that all of them will be commi­ ssioned. 1 hope you wift find that out.

It has also been stated that the steel MR SPEAKFR : It is just the and Visakhaoatnam plants are* major 4am qot,!«riM M tSw atktat co il M a t integrated steel So, ttittaft m ■S0 far at :th*; Vijaynagarplants ^ poti* ' MANGALAM :! do not think xerited^ irQB Gre .:^«il.;. - tte; ■ ^tb

I did not follow exactly the latter «rr sfnj w : areww^r. p&rt of the hon. Member’s question. arft *n*r?far % srartrrffc fe rrw rere $ fmr %«srst?$r SHRI JAGANNATH MISHRA : What will be the man-power requirements during ft 3rw

(a) whether a firm fraudulentlyObtained fieldstaff will also test check the actual advene? payment* amounting (q Ra. 2.B4 receipt of stores by the consignee. This Will lakhs forsupplies which were not effected be done by checking consignee’s receipts, by it; as observed by the public Accounts sending letter to consigneee to certify the Committee in its J05th Report {Fourth Lok receipt and in important cases even by Sabha); visits to the consignee's premises.

(b) if so, whether an investigation into 4. Consignees have been asked to the matter has been completed; and promptly report to the Pay & Accounts Officer concerned, with a copy to theDirec­ (c) whether in view of this observation, torate General of Supplies & Disposals, any Government is contemplating to consider ca-es of shortages/discrepancies found in the question of building safeguards into the the stores received by them. In this conne­ genera! conditions governing contracts of ction, administrative instructions have been the D. G. S. & D. ? issued for preparation of bills by the supply­ ing films in quadruplicate to enable the Pay THE MINISTER OF SUPPLY (SHRI & Accounts Officer to uso the triplicate D. R. CHAVAN) : (a) Yes, Sir. copy of the bill as a debit intimation memo to the consignee concerned. This will help (b) Yes, Sir, the consignee to report to the concerned authorities immediately in case stores have (c) In the light of the observations not been received for which payments have made by the Public Accounts Committee, been drawn by the firm. certain remedial measures have been taken by the Government from time to time to 5. Instructions have been issued that safeguard Government’s interests. A state* all serious complaints received from consi­ ment listing out these measures is laid on gnee's and other malpractices, frauds etc. the Table of the House. reported by them should immediately be brought to the notice of the senior officers and also periodically reviewed by them so Stjtement as to ensure prompt and proper action,

1. Sub*clause 9 of Clause. 14 of the 6. It has been decided that the Pay & condition of contract (DOS & D-68- Accounts Officer would, immediately after Revised) has been amended specifying that making payment of advance bills, send a the railway receipt/consignee’s note or bill registered letter to the consignee asking of lading if any, should be drawn in the him to confirm receipt in full or the extent name of the cansignee or the interim consi­ of short supply of stores as indicated in gnee, as the cate may be, and should be the railway receipt, within 45 days of sent to him. receipt of the letter.

2 Instructions have been issued to the 7. It has been decided that the contrac­ Purchase Officers that in future Acceptance tor should incorporate a certificate on the of Tenders, the consignees should be reques­ bill form itself to the effect that the railway tor to send an intimation to the Purchase receipt No. and date quoted in the bill is Organisation immediately on receipt of genuine and correct. stores giving particulars of the Acceptance Of Tender No. and date, date of despatch . by the contractor with railway . ' '.PROFv / ; .NARAlfct, w cipt number and date and date of actual SHAR : Arising out of answer to may ■ along ■ with the I know the contents of the report of : ■ 'v ■■ 5. In case of progrew payments, >n additkm to test checks of railway receipts was detected. Director, Supply, Bombay, ; W S transport documents, the progress reported j t *6 and SPE; Bombay 2$ Oral Answers AUGUST 17, W 2 €>#W to

Branch, In vestigation has been completed. is absolutely iacorropt. iW * are fotif winch are pending in the Additional Cfcief Presidency Magis­ *ft g«w w«*nr: prS qrtarff trate’s Q*uit. Ore ease has been decided- « f« trrfhm 4ng«it v f y ftt A parlftpsr of the firm committed the fraud. He has been convicted and sentenced to pay msrw *> *rr

MR. SPEAKER : Then he must be MR. SPEAKER: It naa been categ­ congratulated. orically stated, (Interupt ion) PROF. NARAIN CHAND : VT TOT fWT | I PARASHAR . What is the name of the firm ? SHRI G . VISWANATHAN : This is a case where a firm has received fraudulent SHRI D R CHAV AN : The name of the payment without supplying any material firm is Khushalbhai patel & Sons, Without the official connivance, it is and the partner of the firm, I. R. Patel, impossible to get payment without supply* has been convicted ( Interruption) mg the material. I want to know from the Mm«ster, when he says that it is only a fraudulent on the part of the firm, what *ft Ksfar ; w irgtor action has been taken against the officials *j5*r stpj *ernft ? wtarw who have paid the amount. ( Interrupton) f m i mrr | ? sf* $r, MR SPEAKER : Order, order. sft w fr'snra: f m ? SHRI D R. CHAVAN * All the details SHRI D R. CHAV AN : The name of concerning this case have been given in the the firm has been given. 105th report of the Public Accounts commi­ ttee, 1969. {Interruption) Mr. SPEAKER : He has mentioned it. MR. SPEAKER : He has put a cate* gorical question; whether any action has fw n w * TOWW : anptrw been taken against those officers who have f wmr ^?rr g to «r$ to s# | fa made the payment. far* wrw ft % 'T# ^ fw $ SHRI D. R. CHAVAN : No action has m m «rw gv to jut *t ’ been taken against the officials. (Interruption) W aft *ft *rf t 4 M ldun % nm tf vim ift mflm f i («wwnr)... $tf*U *>.*. CHAVAN : The question », the fraud has been committed by the firm. MR. SPEAKER : Order, cwder, H* h a M o «otoiwittfd by th* office; H ^iW H eow e^to tl^i^otleeof the aov*m* geaattJO T a«r tDentt wfeat UaJkge* to theljon. Mw&i* $ O r itA v w m SRAVANA 26,1894 (S4KA) Ond Answers 26

Shorn fop and screaming h not substitute MR. SPEAKER : X have called the fot tfce strength and logfo of the question. next question. (taamvMn) «m infer t WIW Implementation of ratio of % w <$» w

SHRI BALGOVIND VERMA* The con­ (b) The enforcement of the Workmen's tention of the hon. member ts not correct Compensation Act, 1923, reats with the State that the Provident Fund Commissioner is Government No actton was possible on the not filling up the posts as per the decision. part of the State Government as the comp­ The fact is, the posts are filled fifty-fifiy; ensation proceedings pending befote the i e 50 pei cent will be by promotion based Labour Court. Patna had been stayed by on seniority and 50 per cent by those who the Patna High Court till the disposal of the come out successful in the examination. On ctvil revision cases preferred before it b> a tacit understanding, the two methods of the management These cases have since filling up the posts will go on side by side. been disposed of by the High Court and the (Interruptions). compensation proceedings have been resumed in the Labour Court at Patna The date for SHRI R P. YADAV* Has it come to the next hearing is 28th August, 1972. the not.ce of Government that they are on strike ? SHRI S M BANERJfcE In 1965 in SHRI BALGOVIND VERMA It has Bihar. 268 workers died in the Dhuri Mines not come to our notice. owned by the Raja of Romgarh We arc putting this question in 1972 and we arc , SHRI S. M. BANERJEE. This was one told that no compensation has been pa d of the demands of the employees of this to their families May I know whether the organisation which has been conceded in Government of India are in contact whh the fully. Ha\e they submitted a char- State Government and whether they will tpr of demands and ti ere is a countrywide see that at ieast the members of their fami­ agitation going on this ? Have they made a lies. if they are alive, should be paid this reque&t lo the minis1 er to intervene in the compensation ? matter ? If so, what is his reaction ? SHRI R K KHADILKAR: 1 must THE MINISTER OF LABOUR AND admit that it is a sad commentary on the REHABILITATION (SHRI R K. KHADI­ functioning of the judiciary when offences LKAR) : We have received charters of of this nature are brought to the court*, demands from various quarters and one of the Labour Court, the Patna High court them is from thc-e employees We have and all these courts, I do not know under partially met their den ands and partially it what influence, because so many peorJe if under the consideration of the Board of died in 1965 and yet no compensation has Trustee*. ( Interruptions). been paid. (Interruptions). 1 am stating the facts {Interruptions). Compensation t*> V ictims of Dburi Mine disaster fn Bihar fn 1965 SHRI DINESH Sl^GH : How can ymi cast aspersion on the High Court ? It is very *251. SHRI S. M. BANERJEE: Will unfair. t$ic Minister spf LABOUR. AND REHABI­ LITATION be pleased to state: SHRI INORAAT GUPTA; It ha> ttfcn more tb»o teven yeari and Mill thty h»v» <*) whether family members of 26$ work­ not been p«jd eompettewtoa. You tiMuld ers who died in Dfcuri Mine Disaster, Bihar be MtamMl o f tttdi tourti. p Oral 4 m m $ SRAV \NA % 1894 (SAKA) Oral Answers 30

SHRI PILOO M6DV: Government SHRI R. K. KHADILKAR: This is a ooiiW have paid Compensation suo motu. suggestion. Why did they not do it ? short notice Q uestion MR* SPEAKER: It would be much bett­ er if Shri Khadtlkar leaves aside ail comm­ ents and is concise m his answers. He can Death of Shri Cham Mazmndar In easily say that it is pending for a long time. Police Custody in West Bengal

SHRI R. K. KHADILKAR* Under the S. N. Q 2. SHRI H. N. MUKERJKE : Workmen's Compensation Act, the implem­ Will the Minister of HOMfi AFFAIRS to entation rests wtth the States. Certain adva­ pleaed to state : nces were made from the Prime Minister's Relief Fund and other funds. They were (a) whether Government's attention very meagre because it was such a big has been drawn to the countr -wide appre­ disaster. hension over the recent death in police custody in West Bengal of Shri Charu Mazu* MR. SPEAKER* May I request him to mdar, chairman of the Communist Party give brief concise replies instead or long of India (Marxist-LenmisO; replies because longer replies lead to comp­ I lication ? (b) whether medical and other relevant reports regarding the death of this all-India SHRI A. K SEN : It could not have political personality have been adequately gone to the court unless the Government examined: and resisted the claim for compensation.

MR. SPEAKER : He may ask his “On being taken to the Calcutta Supplementary. police headquarters, he was examined among others by an eminent heart spe­ SHRI H. N. MUKERJEE : Sir, you cialist. An ECO was arranged and all should please bear with me for a moment. possible medical care was made availa­ Before I ask my supplementary 1 want to ble. On being remanded to police make a submission. This is a question custody, he continued to be under about the death of the leader of a political constant medical attention and treatment party of this country and it should be as advised by the heart specialist .Family answered in a fashion that the hon.Members members of Shri Mazumdar were afro would know, Now, hon. Members do not allowed to see him when he was in m an opportunity of reading the statement. police custody. Shrt Mazumdar’s condi­ tion, however, suddenly deteriorated MR- SPEAKER : In the case of longer towards the afternoon of 27th July. ..” replica they are always laid on the Table. 1 might say that when he was captured, SHRI JYOT1RMOY BOSU • Some­ along « ith him oxygen cylinders were also times tliey are read out also. found end, I understand, he was a chronic patient of cardiac asthema. From the SHRi H. N. MUKERJEE : Sir, 1 photographs, you must have seen that he am a bit intrigued by your concern for time was considerably emaciated. being waited or not wasted. Further* X read from the statement t In view of the fact that the average pitlcen would be intrigued by the phenome­ “ He was again examined by the non that fc&rt of Shri Charu Mazumdar heart specialist and on his advice was wh|eh could bear the rigours and tensions admitted at 19,30 hours on 27th July to of underground life and hounding by the the S.S.K,M. Hospital.,./* police of the entire country for more than three years was unable to stand the care and there he expired**- provided by the Government for even * fortnight and also, in view of the ♦*A four-man paitel of physicians, C*Ct $ # t Ills widow ha* made a statement including the heart tnwcltUn under tl* ft* adequate medical treatment whose treatment »|irf 4*4 m 4 ***** $*ve» to him, that police Gained, has staled that the death # tetorrogations bad continued for v*y lofeg Shri Mazumdar was due to e**9$*f&$ 31 A & m * SRAVANA 36, 1894 {$ 4 * 4 } Ota! An»mrs 34

k m t dfcease with congestive cardiac was in good health at that n m o sm t. How fyftyrp. The death ctrtificeie of Shri does it sound that a heart speciatist was Maarumdar vas duly signed by the four attending on a man who had been maintain physicians in the panel. Since the death tting good health as certified by the Htad of occurred in police custody, poshtmrtem the Calcut a Police, namely, the Compmsi" examination of the dead body was oner of police ? Mill the hon. Minister made...*' kindly clarify this poipt ?

As Shri Mukerjee said, a magisterial SHRf K. C, PANT : 1 dp not know inquiry is also in progress. about the statement of the Commissioner of Police. But 1 do know that the inform­ Sts I hope, my hon. friend will con* ation given to us by the State Government cede that adequate medical arrangements is that Shri Charu Mazumdar was arrested were made and that all along a heart Spe­ by the Calcutta police in the early hours Of cialist was also looking after him and hi* 16th

' who were att ' ■ ■ ■" Secondly, what were the findings of :. 'a^irci«:'’''biT::life. Charu Mazumdar.' ' Bat this eminent heart specialist af terhfs exami­ there ■: called justice, Mr. nation ? : . ^hatru r not found to be convicted of any crime as yet. Anyway it Thirdly, a point a r t e out of what the iso n reco rd that he was subjected to in­ hon. Minister has said namely that an terrogation, and it has been alleged that he inquest is under way. What are the precise was subjected to 12 hours of continuous points for the inquest ? interrogation. Before this interrogation took place this grilling third degree method SHRI K. C. PANT : As to why the on a cardiac-asthma patient was the advice Minister of State interviewed. Mr. Charu of a cardiac specialist and other doctors Mazumdar, I cannot answer... who attended on him obtained before Mr. Charu Mazumdar was subjected to this sort SHRI SHYAMNANDAN MISHRA df inhuman interrogation ? Why ? Is it the practice ?

SHRI K. C. PANT : 1 shall again repeat SHRI K. C. PANT : Obviously I because my hon. friend put some words in cannot. It is for the State Government. He my mouth. According to him, I said, is not our Minister. Shri Manoharan will ‘Atonce a heart specialist examined . . be very angry if I choose to answer for one I did not say ^once*. I can only say what of the Tamil Nadu Ministers hctc (Interrup­ has been given here : ‘On being taken to tions) the Calcutta Police Head-quarters he was examined among others by an eminent SHRI K. MANOHARAN : Your heart specialist.’ , . . Central Ministers can go to Tamil Nadu and meddle with the whole matter ? SHRI PILOO MODY : 'On being taken . . .* SHRl K. C. PANT : I am happy about SHRI K. C. PANT: But the inform­ it. ation that I heard said that right from the time he was arrested, he was given SHRI TRID1B CHAUDHURI : On a proper medical attention. So, 1 cannot point of order. It has become the practice exactly pinpoint when the heart specialist of th« Treasury Benches whenever a question examined him. pertaining to States or law and order comes up, to take shelter behind the DMIC. That Secondly/ the question of twelve hours is very unfair. You have admitted the continuous interrogation has been raised by question and this question is being answe­ my friend. It has been stated here by the red. He is answering the quession. So, why West Bengal Government that because of should he give this sort of answers ? his poor health, Shri Charu Mazumdar’s interrogation was carried out only in SHRI K. C. PANT : Why not ? I do brief spells. So. this does not bear out not understand theobjection... (interruptfont) what he says. SHRI PILOO MODY • If the minister SHRI PILOO MODY : Three spells of sits down, 1 cm explain the objection to twelve hours. him.

■■'V;:-'iBRI;;.«YAMNANDAK MISHRA : SHRI K. c. PANT : I do not *ee *h*t There are three very material points which fairness or unfairness there is in this.W e in ;^$O iitexi and need clarification do hear protests here if one of our Minis­ frdm tbe hon. Minister. , ters chooses to answer for the State 0overo- ment. , There is the emphasis on V:;'; e x a c t l y the reasons for autonomy. So, if I rafce a Minister of State interviewing Charu Is it unfair ?.V. Mazumdar in the Police custody ? Is it a practice for a Minister to interview a person ; utisij T d n 'a in the Police-custody ? T ;/:. point of order,Sir, He hasacceptedthi* 37 OrtSAmwers SRAVANA 26,1894 i&AKA) Oral Answers 38

question. Now he wants to take shelter circumstances and facts surrounding the under DMK. Wonderful, If It is aState death to give his findings. matter, how was this question allowed to be admitted ? I want to ask this question of SHRI G. VISWANATHAN : The death you. Mr. Speaker* If it is a matter which occurred on the 27th, July, we presume involve; the State Government, how is it that on the same day the viscera was sent that this question was admitted here ? I for chemical examination we do not have want to know about that. the examination results. This is the callous way in which he was treated even after his SHRI C. T. DHANDAPANI : The death. In view of the mounting doubts DMK Government directed an inquiry expressed regarding the medical treatment whenever such a thing happened in Tamil meted out to him and regarding his death, Nadu. Will your Government follow the I want to know whether Government is m a same ? position to accept a judicial inquiry into the whole matter. SHRI JYOTIRMOY BOSU ; Kindly give your observations on what I said. SHRI K. C. PANT : He died on the 28th at 4*50 P.M and not on 27th. I wish MR. SPEAKER : If you think it is a to correct him there. So far as the report wrong thing, then it will not be done in of the Forensic Science Laboratory is conce­ future. rned, 1 myself was surprised that the report had not come. 1 asked my office to ring up SHRI H. N. MUKERJEE : Are you West Bengal Government and they got in taking a cue from an odd Member 7 touch with the West. Bengal Govt and they MR, SPEAKER • No please. told them that there were certain tests which take long time. Only this morning we SHRI H. N. MUKERJEE : This kind had got in touch with them. I agree with my of observation that falls from your lips friend; it looks as if they have taken a long that is recorded for posterity. time. Sofar as the next question is concerned, about the judicial inquiry, my answer is, no. MR. SPEAKER : We have accepted it. SHRI K. MANOHARAN : Sir, I do SHRI A. K. M. ISHAQUB : Charu not want to put any question to Mr. Pant Ma?umdar very successfully eluded arrest because 1 want to be magnanimous. for three years and it was known that he was to tour the country for organisational SHRI K. C. PANT : I thank Shn work of his partv. It was also Manoharan for his magnanimity. So far as known and it was common news that in the findings of the heart specialist are Calcutta this Naxalite movement was losing concerned, I do not have the exact findings its ferocity and its depth. How is it that here; certainly we can find out what the heart just before death Charu Mazumdar arrived specialist had said. But I know that he was there in Calcutta and got himself arrested 7 called on the 27th. He advised that Shri Was it done under advice from any foreign Majumdar should be hospitalised and strai­ country, or was it a planned way of being ghtway he came towards the evening and arrested, just before death, for political Shri Majumdar was hospitalised in the purpose ? evening. This fact I do have with me. As for the rnquest the Magistrate did see the SHRI S. A. SHAMIM : Theie must be dead body in the morning and he also exa­ a judicial inquiry The State Government mined some witnesses. He still wanted is a party to the ksue. You are basing your to examine some more witnesses and only opinion on the statements and facts given after that examination we will be in a posi­ by the State Government. The facts or the tion to know fully. statements are those that have been supp­ SHRI SHYAMNANDAN MISHRA : lied by the accused, which is, the State What a** the precise points for inquest ? Government in this case* Will the Minister agree to an inquiry, either by Members of SHR* fc. C *WHT s t doa’t know the Parliament or a Judicial Inquiry or eVen a pceeise points, tatt 2* was going toto the Central Aiency inquiry, fcr that matter, of 39 < W Answer* A m m r n k t m rn CQ!t <*r tm Q&tet agency, because the time spent in either place. State Government is the accused party ? SHR! SAMAR GUHA - The Iion. SHRI ft C M N T . 1 Am surprised at Mi lister has said that he does not know the the statement roteie by the hon Member purpose df the question •• that the State Government is the accused party. This is completely wrong SHRI K. C PANT : An attempt is being made to raise suspicion over a matter SHRI $. A. SHAMIM * It is a coos* on which factually there is no ground for piracy hatched by the State Government suspicion. th e West Bengal Government has got him killed* The Minister who visited him SHRI S A. SHAMIVF: Suspicion is already there. SHRI PILOO MODY : They played l$agarwala on him Who else murdered SHRI K C PANT : Some people are him 9 congenitally suspicious

SHRI S A SHAM1M It is a case of SHRI S. A SHAMIM: Because the a mysterious death entire Government’s functioning ma^es us suspicious Their conduct makes us sus­ SHRI SAMAR GUHA • W# differ picious from the political views of Shri Charu Mazumdar but as he was honest to his own SHRI K. C PANT The material conviction, his death has created a scare in point is whether he had adequate medical the country It appears to us that the hon atd, and whether he was being looked after Minister it not posted vvith all the informa­ by doctors I have been told that besides tion from the Government of West Bengal periodical examinations by heart specialists, I want to know from Government one he was also being examined by the police thing If the hon Minister is posted with doctor Somebody had asked for the name the fact*, he can reply here and now, other* of the heart specialist who attended on him wise, he may supply the information as Dr, Chandikar is his name, and as regards early as possible after finding out the facts the hospital, I havea I ready mentioned that I want to know whether Shri Charu Mazum­ it is the SSK.M hospital Apart from that, dar was m police custody for eleven days Shn Charu Mazumdar was also being exami­ before his death. During these 11 days, may ned by the police doctor Therefore, that is I know whether he was at the police head­ the material point Therefore, there ts no quarters at Lai Bazar or he was taken to question of his not having been under jail custody * Further, during those 11 days, medical care. He was a heart patient. That fox how many hours was he subjected to is the information* He was a chronic heart interrogation ? Which were the agencies patient Therefore, the police doctors did that interrogated him ? May 1 know whether take the precaution of examining him befewe interrogation, mcdtcal advice was frequently. So, why should there be objec­ taken on the question whether Shn Charu tion to that ? Majumd&r's health wo Id permit him to be able to bear the stiam of interrogation ? So far as h»s wife and daughter are Lastly, may 1 know whether his wife and concerted. I did indicate in my reply that daughter made any complaint about his his wife and daughter met him. As fat as death to the police mv knowledge goes, they have not pr»4e any complaint, that is the West Bengal SHRI K C PANT I have already Government have pot communicated any Cfited that he ftas taken to Calcutta complaint by them to me. police headquarters. As regards the question how many hours he spent there and how SHRI SAMAR GUHA * Mty I make mttiiy Jioitrt he spent In the police lock-up, a lubmuston

'' ■.% ^ (*f) # * | t . !W TO555TI (*r) $ * ft; arf?TTT nsvft; srf%«rr %*, , ■■:■?■ : {* ) % W W ? «9T»T*Tf W , VSVfi, wST, W f f w (n). wwnrtW V «**nrff Jifirctew « r f t M r $ t e ^ v r m y «rr T$y $ t. .-■'.

* rw 1971 *t ?*r u?riWJf rti* fatft s rf w % qe z «ptt% % ?$ rcwrarf % srftr smfW' y m rgnt *ftr ^ I f^ 3TTOTT qpc ^farf^T ^ sftfitnt 1 1 t o t t r?r t o ftra ijH *m «r$ ^ ^ % wr>r f I snsrr? W ^ f a : an^ jpm % | fa *q*r

(«&} ar^ftrc *rfaf?r ^ ‘ottti fa*rW % fw qf^w?r 3 ^ ?r^f 11) w^'fafe* % sftir t o amfrTiit (*s) **r Jr M w f , »n»r^ ^ ^ »rf % ift (it) ifo* tsftfaqtf % jsft I fa : % «W!T % faq I'frf ^ «ra 9 ^ % am

v s rfa fw | ? ^ (*r) fn r^ ^ f a s t iw m «ftt wrc ifcft («ft *T?fa irnrpmrfT ^ irmi^^70 fW^KN} : (^) xr$ f^rrcr *nrr- | % f ^ % % SRTtf J \ w tfo fo * % % * r m * * ir^ ,%.'*!* %■■ fro..TO | i ■ wjv- avOm- -^fmr ifiar $ ^ r f e a r ^ . (n ) ■ . 4|ir:«iMMii^ qjf fiWft $ ^pfT % srafar? gfaffc : g ^ i ^ fatfy v r gg;| j | ^ ^ ]% m: ..$at. -j^ jf;; 43 W m m Answers SRAVANA 26. 1894 (AUM) Writ** Answers 4$

(b) the reaction of the Soviet Union the other Co-Chairmen of the Geneva If wtj ^ *rft % wrtHv Ffarsftf Conference in regard to the British v r y r : ft wflpit i suggestion; and

Slippy «T Tin Plates to Tin Can (c) the reaction of Government to the Manufacturing Units British suggestion and whether there have been initiatives from India for solving the *249. SHRI 1C. SURY \NARAYANA: Vietnam problem ? Will the Minister of STEEL AND MINES be p’eased to state : THE MINISTER OF EXTERNAL AFFAIRS (SHRI SWARAN SINGH): (a) to (a) the names of firms which have (c). According to the information revealed been granted C. O B. licences for fabri­ in the House of Commons, the British cating Tin containers for captive use with Government had made such a proposal to the a manufacturing capacity of 1000 tonnes Soviet Union but the Soviet Union reportedly per annum and above during the current did not agree with it. This is a matter year (upto 30th June, 1972), and between the two Co-Chairmen and the Government of India feels that there should (b) whether any guidelines have been be agreement between them and Geneva down for the supply of tin plates to thejie Conference members before any progress tin can-manufacturing units 9 can be made. Also it is Government of India's view that fighting must stop m THE MINISTER OF STEEL AND Vietnam first and a ceasefire arranged MINES (SHRI S MOHAN KUMARA- before any such conference could be held. MANGALAM) * (a) During the current year (up to 30th June, 1972) only two German Technicians in Rourkela C.O.B. (Carry on Business) licences for Steel Plant the fabrication of tin containers we*t issued to the Vanaspati Manufacturers for their •253, SHRI SHYAM SUNDER MOH- captive use. The names of the firms are APATRA : Will the Minister of STEEL as under AND MINES be pleased to state the time by which the German technicians working (i) M/s. Premier Vegetable Products in Rourkela Steel Plant are expected to Ltd , Jaipur. leave the Plant ?

(it) M/s. Bhavnagar Vegetable Pro­ THE MINISTER OF STEEL AND ducts Limited, Bhavnagar (Gujarat). MINES (SHRl S. MOHAN KUMARA- MANGALAM): There are at pres sent 10 (b) No guidelines have been laid down German technicians at Rourkela Steel Plant. by Government for the supply of Tinplates The contracts of these ten individuals will to different units. The distribution of expire during the period September* 1972— Tinplate$ is looked after by the Tinplate January 1973. Producers* Consultative Committee, ftW firow rw * ftfim sraff wftr Reconvening of Geneva Type Conference on Vietnam *2 5 4 . f f t f i l f :

in) whether the British Govtrnment fiifiwr w sff v f *m ir one of the Co-Chairmen of the Geneva *1 *r wm* ftwr |j tfK Conference on Vietnam, recently s«gg«ted the ittecpMtag *X the Ommn typn con­ siw rif ference; f i t V! W S lralW 1 ? . ; 3# ;:ifc- ^ ^:: '-■ > .■-■:■ ‘; ■:: m$i ;:';P/^ % mixi asmr # *$;. wftonx i M%* *&$ i s^riat % ?^r % ■(%) .‘f*!# % ft*»% ;;* * $ * $ '. ^ j 3ra aiWf^r $ tWnrc &rai ? **Tm «w * ik i m f a «uft (Wlr «rft« %# ",«> »TNsf? wrw t* m : xihmx);: {*) wta: (sr), w#*?rcrT % £ tt?t crafawf arm

TftsfTO*(fn:T **

1

1969 42,00,694 4,32,182

1970 45 15,<>34 4,47,195

1971 51,29,857 5,06,973 #9r^t sror tSefif % % g w * . $ ?p?n w**r *

wcl (1969— 71) % sfhrH W T f ^ 3**ftsarPT c> tfw r wrr 5* are? % crsftfrar fcjfofpsft %, fiR^r ?tt^ if 3 T ^ ^ r ^ gtr^rs^r sr^f | , srftrenfa .ftw e rri

' Industrial Accidents result of industrial accidents during the above period; and W SHRT FATE S1NGHRAO GAEKWAD: (d) the steps proposed to be taken to DR. KARNl SINGH: improve the safety ^regulations ?

Will the Minister of LABOUR AND THE MINISTER OF LABOUR AND REKABlLiTATION be pleased to state: REHABILITATION 4$1S Rl R* IC> ftjl ADlt* K AR): (a) to (c). A statflownt is laid ' ■ ■ 'V. .V''1 -V w &■■■. oumber of industrial ■ id) , ■ :.V«awiF and how h* *h« :& j j ^ :'v i ; , ^ V' ■ framed under the Mines Act, 19S2 *t*ceos~ 1e) the total lossin terms of tnoney and tftinMy*evtewpdf eofcufed I^ :fa |p )v « 4 « p9| tbs total number of man-days toft as* wherever considered nectaafryv I 49 Wttoteti Arower* SRAVANA 26, ISM (SAKA) Wttmn A**wen 50 Statement No. of accidents and man-days to it in factories covered by the Factories Act, 1949

Vear fatal Non-fatal Total No. of man-days lost on account of flon-fatal accident*

1968 565 2*26,893 2,27.458 25,90,854

1969 618 2,61,997 2,62,615 29,87,587

1970 (Pro- 609 2,87,496 2,88,105 28,94,914 visional)

No of accidents and man-days lost m mines covered by the Mines Act, 1952

No of accidents No. of persons Man day* lost on account Fatal Serious Killed Seriously of Serious Injuries injured Estimated

1969 Coal 211 1,650 232 1,717 97,869 Non-toal 78 861 89 886 49,616

1970 Coal 194 1,577 212 1,625 68,250 Non-coal 58 786 66 799 42,347

1971 Coal 199 1,451 231 1,535 79,820 Non-coal 65 7*9 73 813 39,837

(*r) ufa ?t, ?r> Sf 7W »ftf?r w t ftn rm % nrfevf? faiw r w r | t *t g w j ir tnr aw wt *** 33rt f ? *257. m «?W tt* : WT *f»TOr sfa «rm «rtf «n* «n% iw ^ ftr : W w «m «hft («ft tpio iftpr ) : (v) % («r). iff mwt (w) w twrar *r jjsmcwfrft *flr rfta «njt $ ftr m m *f *gw fn m sn iH t « w r f t n 4m * ftrcr% sftr *ftr irnrrft 1 1 **n?r fwa?«r flwfa % «fhi «TT *K?l 1V * ^ tft*T tfw«wi*%f«t &ftw firor arret $ 1 fa r *ft, | fan* f* w ftwwff *&* w w ftw wratfira wijVwuff ftwt m m ti IrM far «pw

(ftwr) wtiw * #nftvr pr mt (a) whether the International Labour # «n^rr

(c) whether there are an* prospects of Workers Problems regarding settlement of restoring the supplies of steel to Agriculture claims and grant of Loins Ministry? *K0 SHRl RAMAVATAR SHASTRl • THE MINISTER OF STEEL AND Will the Minister of LABOUR AND MINES (SHRI S. MOHAN K.UMARA* REHABILITATION be pleased to state MANGALAM) (a) The system of allocation of “quotas*’ was given up when the Steel (a) whether the paor workers and Distribution policy was revised in Mav 1970 subscribers are faced with the problem of + All despatches from the Mam Producers are settlement of claim or grant of loans be­ now regulated m accordance with the cause of the ignorance regarding the proce­ Priority allocations decided every quarter dure to fill in the forms; by the Steel Priority Committee The Prio­ rity requisitions sponsored by the Agricul­ (b) whether the desirability of getting ture Ministry are also given due considera­ printed long hand-bill* in the form of tion by the Steel Priority Committee nonces regarding the procedure of getting claim* settled or loans granted and paste (b) and (c). Do not arise them on the walls of the factories and mines remotely situated as other notes are pasted by the other departments under the IX.Q. Programme of Research Mines Act end the ^actfrrfe# Act has been considered; And « » SHRI K.BALADHANDAYUTHAM: Win the Minister of LABOUR AND under ■’:— of the persons taking and giving graft and (a) No such complaint has been received the firms to which these persons fcplonged; in this behalf. and

(b) Various forms including those for (c) the action proposed to be taken settlement of Provident Fund claims, grant by Government to punish the persons of Joans are, as a rule, printed bilingually involved ? in English and in the Regional language. It is therefore, not considered necessary to THE MINISTER OF STATE IN THE get Jong hand-bills printed in the form of MINISTRY OF STFEL AND MINES notices and pasted on the walls of establish­ (SHRI SHAHNAWAZ KHAN): (a) and (b). ments. Yes, Sir. The Central Bureau of Investiga­ (c) Regional Commissioners generally meet tion received a complaint from a represent­ workers and others who seek interview ative of M/s Damodar Enterprises Ltd., with them in connection with the Provident Calcutta alleging that Shri Jacob C, Korah, Fund affairs and take suitable actiou on Chief Engineer (Civil), Khe*ri Copper their complaints. It does not appear necess­ Project, was demanding a sum of Rs.5000/- ary to issue separate orders in this behalf. for having shown favours in restoring the contract as well as foracceptance of future Indo-Bangladesh consultations supplies to be made by the firm without any Objection. Accordingly, the C. B. h 2380. SHRI E. V, VIKHE PATiL ; Will laid a trap and caught the official concerned the Minister of EXTERNAL AFFAIRS be red handed while accepting the bribe from pleased to state: the complainant at Akbar Hotel, New Delhi on 16.6.72, (a) whether Government propose to have high level consultations with Bangla­ (c) The case is under investigation by desh on issues involving the three nations the Central Bureau of Investigation and of the sub-continent; and appropriate action will be taken on receipt (b) if so* by what time a decision on of their report. the matter is likely to be taken ? THE DEPUTY MINISTER IN THE MINISTRY -OF EXTERNAL AFFAIRS (SHRI SURENDRA PAL SINGH) : (a) end ■.1 ■ 2 1 8 2 .; ■ i ;fff ' .■ (b), Government is in constant touch with theGovernment ofBangladesh on issues i w r n vtfc w n m tit ' j f m common *6 I»4», Baaglidesh and Pakistan,

■■■■nSitefiagtawrof * PaMIc C ato- " ( * ) UWf t *ft w ft?

• • . -XMmmA+AOTwPWBW, , ' -.trol w ***rf aftt

w t .Wnf. V- Wpfaf* ■•■ Jv ; W | si t f i f * ■# ■"'Wrj.;.;!; -''’o'■'-[ :'y- ■ (n) w t trwt »ft *rft srf*rw «®wt t i p { wffac . ^nirarw", a^N; ■ ; . w sw t p f, smufe* afrt je^rr Tfw w®sm srcT jtw srtw *r s r ^ f m jaff v m i j s fwff it arrwfm q* w i ^ fair fwr »rq % <5w*'T *wt«mr ^TftrfjRtT fff-r *rfr &irm wr-ft ^ faw % *n#«rapi« *r l % arrartr %*firf*T«ra srrift^sn

¥% fit : j«r) wwfcr fljrrfr* % ( ^ ) JISH !T^5r TTJq- «r f« iT -f^ «T I 1969-70 % *hT*f irw ifjhr if f^rf if at? t o % firwrf tt im 5miirt *#srn flff f*P^ i w tfa, w S ; <#g arfSOTT s?«rm % 1968 % sh w *** sftw % qwrr, fa fftrp aft* stTHT? farsff ( a ) if m m % ssti ^ if 1600 *nr fosfcrfrc « a *r farrf ^wr- ariTT* f*r?sr% «»im T f ; aftr ^ t j f tnftw « n n ppr ct«lT (*r) ?r»T5Jw»r £*? fpM f ftp ; «5fi if wfar fsreejer y f* sr^mT % fwr ftmfrjr *5t i arwff, r a n eto wi «ri*rt^ *fr an i ?

f * W T H

^4sifft.--';:"' U s ■ SRAVANA 2*, t*W (&UM) ' WrIUm Armmn St

f « R 320 (V) ■ .#iD' (vii) m m ) (5*T ftrwr) 1600 mrtw (sRiftrf) (v u i) fm ft j { ix) 200 « W ftr ( x ) Jfljwrot 500 «WlW i x i ) »rrr (w » ft firwr) 170 TOW (xii) sunftur 140 w lw (xi i) shifts fKUWtaj (xiv) «hwgr ark fcsftfr 340 Jnftw (xv) sw ra; ?f»r?TT firwr) 450 «r«ftw (wjmftfcr)

arfofm, wuwr, tottjc afft f a f t fa-gf 3 w^enc w * *n? 11 #wtfs«r Prefi tfo 4, s, 10, u v , n « , il«r, 13 arft 14 t « m bht 11 irrefte trim % 1971-72 % *?ancf%* ir TkTsr3ftt3»r%?r»ftm?ff trfi if n^nrjiTni$ 1 *rr4 % 1975-76 er^«r*jf«r £ arr% wnrmr |i

• to stHr *f ftnrerfH fwi! ir 22 frrtr f*r«t 3 %, 18 % fOTrftrff r^ f :'?w tirww f* : ..,. : ^ ^ -. WKVftf ■ fPCf... , TOUw r srtw Jf v q f f a m * f:-:SriV-T'-

1962-63, . iftsw *& fflTlT IT ■ gation hes revealed;; that■' the ■ ■;\if:> s fiw w s ^ appears to- be access^v:':;w ^ ^ -. pegmatites traversirg ihe chrystalline fock v ' ai\d as detrital mineral ^ '. p e b ^ r l ^ '^ d gravels. These investig^i^i that p - $3* #;«**«» *f ffWlt large scale exploitation of ^i»B»latones in ^ the area may not be economically viable.

Defective functioning of Kerala Circle ";;* # # * .fiMfcrjiiift (*ft wrr» %« ef geological Survey of India ■ ■ /:'■ '<*»"j--:■ .ifrt (* ). spmftwf a m ^ ra fc ip rjrw % *wr«r *f Trnr 2387. SHR! VAYALAR RAVI: Will w tw r 'arf^s «rw ?’ | afrr ts »*spff *r the Minister of STEEL AND MINES be pleased to state ; sf*Rf w n f % fW? Wift ^Tff*{‘ I (a. whether Government have received any representation regarding the defective functioning of the Kerala Circle of the Sum y tor Semi-Precious Stones Geological Survey of India; and in Trivandrum (b) if so, the steps taken to streamline 2386. SHRI VAYALAR RAVI : Willthe administrative set up of this institution the Minister of STEEL AND MINES be in Kerala ? , pleased to state : THE MINISTER OF STATE IN THE (a) whether Government are awareMINISTRY OF STEEL AND MINES that iti aU over Trivandrum District there (SHRI SHAHNAWAZ KHAN) : (a). Yes, "ai& reported occurence of Semi-Ptecious Sir. A representation has been received ;■ stoaesand Private parties are working round recently. ! th^ ctock to extract them for the last five i\i (b) The matter is under examination. whether any investigation has been Bihari and Noo-BJbari feelings among madeon this by the Geological Survey of workers of Hindustan Copper Limited

{Ktf so, the maio features thereof 2388. SHRI SWARAN SINGH SOKHI: and imk steps taken to exploit these Will the Minister of STEEL AND MINES resources? be pleased to state : '■;■ "»■■ .' . ■ THE MINISTER OF STATE IN THE (a) whether the officers of Hindustao ■ ;|^IS T R V ,.O F STEEL AND MINES Copper Limjted a t Mohubhandar, Ghat- -jg ^ ^ M U im 'W A Z . KHAN): (a). The sila, Bihar are indulging in local politics sporadic occurrences of semi-precious stone and creating the fadings of Bihari }«nxt oamety chrysoberyl in parts of Nedumangad non*Bihari amongst the workersjand ftfrfyn&tim . disrfct haw been - ^ S 0 l:; to Government. Government o f. (b) if so, theactfon Government propose ■ ■ attempts of illicit to take in the matter ? rey& usstonw m the aTea and \ ^ ■ Jifbctu>t|;.; against,. persons ■ ' THEMIbnSTEfeOf to illicit mining. MINISTRY^ SHEl MINES (SHJUSHAHfyiWAif " (■J.Ko (fe) and (c>. Investigation for gem Sir. qfattty cJwgtooberyl was taken up by<3)colo- iitek Siityey of India in parts Quitonaad (Id Does not arise. ■ m M mk:Twimi$AXA). Writte* Air»Hw+; •$$

«( Nllea(nr#r

THE MINISTER OF STATE IN THE (c) the steps G^vernmsnt propose to MINISTRY OF STEEL AND MINES (SHRI take to absorb them ? SHAHNAWAZ KHAN): Exploration for bauxite in 4 block* at Nileswar in Cittna- THE MINISTER OF LABOUR AND fiore district of Kerala is in progress since REHABILITATION (SHRI R.K, KHADIL­ October, 1970. Probable reserves of 1.76 KAR): (a) and (b), th e number o f diploma million tonnes of Bauxite with 40 to 60% holders in automobile engineering on the alumina content has tentatively been estimat­ Live Register i t at the end of each year is ed in Block I where detailed drilling has given below: been completed. Pitting for confirmation of drilling date is in progress. Detailed invest- Year All-India Delhi gation by drilling in Block U is in progress and Bauxite horizon up to 6.35 metres thick* 1969 524 1970 ness has been intersected in 23 boreholes. 625 v Preliminary test drilling in Blocks 11! and 1971 716 40 IV has been cam dieted and follow up work is in progress. (c) In addition to the large number of employment opportunities generated as a Mercury deposits in Kerala result of implementation of various develop­ ment programmes included itt the Fourth 23*0. SHRI RAMACH ANDRAN Five Year Plan, increasing number of job KADANNAPALUI : Will the Minister of opportunities are expected to be created by STEEL AND MINES be pleased to state: the Special Employment Oriented Schemes (a) whether Government have received and Programmes taken upsince the year the report of the Geological Survey of India 1970-71 including programmesfor the bene- regarding the investigation of the mercury fit of educated persons initiated during the dpeosits in Badagara in Kerala; and year 1971-7$.

(b) if so, the stage at which the investi­ In the Union Budget for 1972-73 an gation is progressing ? aggregate provision of Rs. , 125 crores has been made for Special Welfare Schemes. THE MINISTER OF STATE IN THE This amount includes a sum of Rs. 60 crores MINISTRY OF STEELAND MINES (SHRI for Special Employment Programmes which SHAHANAWAZ KHAN) ; a) and (b). Pre, would be for the contittuation of the various lirainary instigation by Geological Survey emp’oyment programmes taken up in lv7|*72 Of India for mercury near Badagara has been and for organising new programmes both in completed. The investigation has not reveal* rufa’ and ^w baih'-'The*** schemer will ed the presenoeof aoiy promising zone in benefit the unemployed including the auto­ this area. The Report is under preparation. mobile engineers in the country as well :".«s in the Union1

. UMItiployed ADtovobfle Engineering Owtract : ■ at Ronrkeia St?el Plant - ^

Z&I. SHRI ONKAR LAL BERWA: Will 2m, SHRI SWARAN SINGH SOKHI: the MmkteroftA3©UR AND RBHABILi- Witt the Minister of STEEL - ' TATt0$* be pk$M to tom, •■ • •••• • % */• bepfeaww* «*■ •*»+•■■■'» i'M0OS?T' 17,1972 WrMto At&mrt U

% »i»*lofi of half battery ■ ■ ■■■ (c) M/s. Otto lndla PrlvateLtd.* . have. • of coke ovriei at Roitfkeia Steel Plant has accepted Hindustan Steel Limited's general beert given on contract to a foreign firm, be­ condition of contract fegarding penalty for cause the Central Design Bureau* has failed late delivery/ which prescribes liquidated to undertake the job; damages of 1% of *he contract value for •each completed month of delay, subject to .;.v;\v{b)-'4f ao, total amount of the whole a maximum of 3% of thee on tract value- The contract and the foreign exchange involved; party is also required to pay penalties for and non fulfilment of performance guarantees subject to a ceiling of 3% of the total (c) the amount as penalty the Hindu­ contract value. However, the overall ceiling stan Steel Limited propose to impose on the on penalities for shortfall in performance contractor, if they fail to complete the guarantees and liquidated damages due to construction of the coke oven Within the failure to complete the work in time, wilt stipulated time ? be 5% of the total contract value.

Implementation of Coal Wage Board THE MINISTER OF STATE IN THE recommendations by Coal Mine MINISTRY OF STEEL AND MINES Owners fn Assam, Nagaland (SHRI SHAHNAWAZ KHAN) : (a) Letter and Meghalaya of ititent for construction of an additional half Coke Oven Batterv at Rourkcla Steel 2394. SHRI ROBIN KAKOTI : Will Plant has been issued in favour of M/s.Otto the Minister of LABOUR AND REHABI* India Private Ltd. The question of Central LITATION be pleased to state : Engineering and Design Bureau, failing to undertake this job does not arise as it is (a) the names of the Coal mine owners not, intended for undertaking construction of Assam, Nagaland and Meghalaya who jobs. have not yet implemented the Coal Wage Board Award4, and (b) According to the final quotation, the 404*1 Contract value is Rs. 4.222 crores, (b) the steps* taken against them ? g a foreign exchange component of JU. 1.307 crores. Negotiations are still THE MINISTER OF LABOUR AND going On ill. regard to specifications of the REHABILITATION (SHRI R.K. K.HADIL- fire bricks to be used. The result of these K A R): (a) The names of the Coal mines may affiwt the value of the contract. and the owners are as below :—

SI. No. Colliery Name of owner

1. Tipong Colliery M/s. Assam Railways A Trading Co. Ltd., Assam.

.... Ledo Colliery —-do— Bargalai Colliery —do— . Dilli Colliery M/s. Dilli Collieries (Assam) Ltd. Koilajan Colliery M/s. Koilajan Collieries Ltd., Assam. Jeypore Colliery Jeypore Collieries (P) Ltd.; Assam. Thanjin ath Colliery M Shri Ramanand Shih, PO Lebaftg, SftiHofl*. ■■ Shilwata Colliery Shri H.P, Duua,.DipaliHouse, Shillofig.

The recommendations are not enfor- mentation of the. WageBoard recommends . statutorily and implementation is largely throtifjft persuasion and and Trading Co ^ Assam hai-**iri: A disputes relating,t$.; referred for adju^kation. ■ 65 Written J m m rt SRAVANA 26, 1S94 (&4JR4) Written Ansuvr 66

oVIVJJQLHMrgkMft_ Of.Jf fWfPETjpi V1MHI MlWnNI^fllnMMkdfc§M IB itta {MwfBv Milpir Hills and the reserves have been estimated in the order of 6 million tonnes, 2395. SHRI ROaiN KAKOTI : Will the Minister of STEEL AND MINES be Iron Ore. Estimated reseves of iron ore pleased to state: are of the order of 50 million tonnes m Goal para district. (a) whether any survey of unde»ground minerals has been conducted in Assam, Limestone. Sizable deposits of lime­ Naga'and, Meghalaya* Manipur, Tripura stone have been located at Koitaj&n.Garam* and Union Territories of Mitoram and pani, Meyang Disa, Jorafrgaon end Bar Arunachal; Hartgaon in United Mikir and North Cachar Hills district and along the boundary zone (b) if so, the particulars thereof, mineral* between Sibsagar and Nowgonj districts. wise and State-wise and Union Territory* wt*e; and Lepidoiite. Minor occurrence of lcpido- Iite reported from Goalpara district.

Coat. Investigations have recorded coal Glass sand and occurrences of phospha- at Koilajan (0.6 million tonnes) in United tic nodules have also been located in IChasl North Cschar and MIkir Hills district, at Hills. DeHJ-JeypOre (20 millfon tonnes) and *t Makum (191 million t » t » ) in ihe districts MattifN^ of Lakfeimpur and Sibsagar. * * W®Pv5**l W TH®C»pi|fr IWV6 satafMMilc* ciay fcavefceeh kmfed In b*n located m t H«n*i

1 fiodowiw flf1 ■ %*fl w>v~ Vision* :'!$$■. total of limestone v : iia ^Maaia ^ ^ ^ ^ occurrifig at these places have beert estimated . atabout3 million tonnes. Detailed investi­ 2196. SHRI ROBIN KAlCOTl: Will gation for limestone & being continued in the minister of STEEL AMD MltfES be pleased to state :

(a) the names of the godowns, if any, Occurances of lignite in Jiribum sub­ of the Hindustan Steel Limited in Assam; division* clays associated with lignite and and salt sprmginThoubal sub-division, nickel andchromitein Moreh have been investi­ (b) the names of the appointed agents, gated. Sofar the results ate not encouraging. if any, of the Hindustan Steel Limited/ to sell its products in Assam ? N ^ Jan d THE MINISTER OF STATE IN THE CoaL The reserves of coal estimated in MINISTRY OF STEEL AND MINES Naga Hills are of the order of 55 million (SHRI SHAHNAWAZ KHAN) : (a) Hindu- tonnes. Stan Steel Limited have a Branch Sales Office-cum*Stockyard in Gauhati. Tripura (b) Hindustan Steel Limited ha ve not Clay and glass sand . The principal appointed any agents to sell their products. minerals deposits of Tripura are clays and The materials received in their stockyard at glass sand, the estimated reserves of which Gauhati are sold by them directly. ate of the order of 54.000 tonnes and 310,000 tonnes respectively. indo-Israeli Relations 2397. SHRI ROBIN KAKOTI : Will Minor uneconomic occurrences of lignite the Minister of EXTERNAL AFFAIRS be and a number of gas seepages were ah o pleased to state : located. (a) whether Government have taken Antnachal Pradesh any decision regarding the establishment of diplomatic relations with Israel; and , Coal. About 91 million tonnes of coal have been estimated in Namchik-Namphuk (b) if not, whether there is any possi­ coalfield in Tirap district. Coal has also bility of establishment of diplomatic been located in parts of Siang and Kameng relations with Israel in the near future ? ~;4iS^icts.''. THE DEPUTY MINISTER IN THE limestone. Reserves of limestone esti- MINISTRY OF EXTERNAL AFFAIRS ^-'^Tidiiig ■ are , of the order of 50 (SHRI SURENDRA PaL SINGH) : (*} tonnes. and (b). While Government of Inda ex­ tended de Jure recognition to Israel In ^S^tigatioas'have also located Occur- September, 1952, no proposal Jt under rences of clays in Lohit district, Marble in Government’s consideration for establishing Siang district, and lignite in Subansiri diplomatic relations. district, graphite in Lihit district, copper, feadand oil seepages in Tirap frontier and Advertisement for recruitment o f Indian iron o*» ta d mica in Subansiri district. • ■-* im ■. ffottttk-'*' mv„ v ' ^^'' apaafi,>• ''' ••!>,*,...... ■

NRsaraav SINGH: Will the Minister, of EXTERNAL . AFFAJRS be pletued to ttfte : - /•: GeOtotM mapping aud preliminary carried out (*) »M tar. &*■ Mld-W»tert State HoaiMI. M«MgeaeM €9 W tim n A m w en SRAVANA 26, 1894 (SAKA) Written Answer* 70

aMrtiaed for recruitment of Indian doctors requirements through the good offices of in this country's Newspaper on 2$th May, the Government of India with the help of 19/2; the administrative appratus devised for this purpose. This helps to keep a check on (b) If to, the number of Indian doctors the outflow of our expertise while at the selected by them, and whether approval of same time ensuring the Government's inte­ his Ministry was mode in this regard and rest in cooperating with the foreign govern* whether permission for recruitment of Indian ment concerned by rendering assistance. doctor* was taken by the Nigerian Hospital Authorities; Role of United Nations Military Observers* group in J & K (c) if so, whether the exodus of Indian doctors in this manner in large numbers is 2399. SHRI S. A. MURUGA- being encouraged by Government and consti NANTHAM : tutes another bad example of “ brain drain” SHRI B. V. NAIK : and Will the Minister of EXTERNAL AFFAIRS be pleased to state : (d) the steps Government propose to .stop this type of “brain drain" by foreign (a) whether the United Nation* hospitals in India ? Military Observers* Group in Jammu and Kashmir has cea ed to have any functional THE DEPUTY MINISTER IN THE role since the 1949 ceasefire line no longer MINISTRY OF EXTERNAL AFFAIRS exists; (SHRI SURENDRA PAL SINGH) : (a) Yes Sir. (b) whether under tie Simla Agree­ ment the responsibility of maintaining peace (b) The number of doctors, if an>, along the line of control of 1971 has been if any, selected is not known as the recruit* assumed by India and Pakistan; and ment was being made directly by the Nigerian authorities. The Government of (c) whether in the context of these India's permission was not sought. developments, Government would demand the winding up of the United Nations (c) Government does not encourage a Military Observers* Group in Jammu and large scale exodus of Indian doctors. How­ Kashmir ? ever, it is the Government of India’s policy to assist feflow developing countries to the THE DEPUTY MINISTER IN THE extent possible by making available the MINISTRY OF EXTERNAL AFFAIRS services of Indian experts in various fields, (SHRI SURENDRA PAL SINGH) : (a) including medicine. This is in accordance Yes, Sir. with the basic tenets of cooperation among developing countries to which the Govern­ (b) Under paragraph 4 of the Simla ment of India subscribes. In this instance Agreement, Ind a and Pakistan have bilate­ it seems that similar advertisements for the rally agreed to respect the line of control recruitment of doctors appeared simultane­ in Jammu and Kashmir which came into ously in India, United Kingdom, Canada effect on 17th December, 1971, not to alter and, perhaps, also other countries. The it unilaterally, and to refrain from the State Hopsital Management Board, Benin threat or the use of force in violation City, have apparently not finalised their of it.* selection and no Indian doctor has been recruited so far. Nevertheless* it may be (c) Govertment have made the position noted that under this scheme, doctors will clear. It is for the U.N. to decide whether serve for 4 limited period on a contract at the U N . observers should be removed from the expiry of which they would naturally be the area. expected to returd to India. Bridles of Journalists at Start* the Gowmment of India encow- * m HW ph w m tiia tim to t t m h their nm. mm MmmkA s i n g h : win r i ^ W i i s ^ '■^..jjrtei^

■•■'.;-;0!i->'.:^ -StoMiiwtmfy# Ministry of ExternalAflairs, invited sclocted journalists ( m ) m jfW H % sffr- for a d tm?r briefing at Simla during the wrfer % % Summit; ^ I (b) whether journalists of some impor*

tant regional and language papers were left Compensation to be paid By pakistan

out; and In respect of Investment on Railway lines In Occupied (c) if so. the reasons therefor and the Territory names of the journalists invited and those 2402 .SHRI N. K. SANGHI : Will the excluded, separately? Minister of EXTERNAL AFFAIRS be pleased to state : THE DEPUTY MINISTER IN THE m in is t r y OF EXTERNAL AFFAIRS (a, whether there was any discussion (SHRI SURENDRA PAL SINGH) : (a) No, with the Pakistan President during the Sir. Summit talks in Simla for compensation to be paid to India for such investment on (b) and (c). It was considered desirable Railway lines made by India in the occup­ that (he Foreign Secretary should give some ied territories which were to be returned background information only to some selec­ to Pakistan as a result of the agreement; ted senior Indian journalists and columnists and the evening before President Bhutto’s arrival in Simla. For such a selected briefing (b) if sot the outcome of ths discuss­ usually all national newspapers, all national ion ? news agencies, and some representative and important regional and language papers are THE DEPUTY MINISTER IN THE invited. This was done in the present case MINISTRY OF EXTERNAL AFFAIRS also. Naturally, not all the regional and (SHRI SURENDRA PAL SINGH) : (a) No* language papers who had representatives Sir. covering the Simla Summit could be asked because of the numbers involved. Such (b) Does not arise. briefings are always informal and arranged at the last moment. No separate official Indo-Pak Relations with regard to list was prepared of the names of journalists. trade, commerce and Air Services All the journalists asked and all those excluded cannot at this stage be recalled for 2403. SHRI R. S. PANDEY : the reason that no lists were maintained. SHRI ISHWAR CHAUDHRY : Will the Minster of EXTERNAL & AFF- AIRS be pleased to state : w iTMtvnKI W iW (a) whether some steps have been token so far after the signing of the Indo—Pakl- stan agreement at Simla recently to norma­ titar »reft ^ r?r lise relations with ragard to trade, conim* erce and air services between the two (nr) w ftwwi Rwrc wraf % countries;

(b) if sot the main fcatures thereof; and ■■ (c) 'What,:::;':ste|».'':'are: ;;-'corttet»i^te^ , tm ^ ,DBPi^y^;MiNiSTeBi, i n t h e -.,: (bj 7:if.rso,,:;t|w5 ^xteat p f ^is ^ iij ministry of externalaffairs respect of the worker* drawing jtet* then ,«o Rs, 400 per mojtfh and the grounds/or : («V These and other normalisation measures this D, A. cut. , VV:': will be taken up when the delegations of the two s»de» meet. The date of such a (c) whether the attention of Govern­ meeting lias not yet been fixed. ment has been drawn to wide-spread resent­ ment among the Engineering worker* SK fft agaimt this action of the employers; fiifgk ■ ■ *»'■■■■<* t _ #> _. ■ . IWWWW! Wt TOTOIW and JTTT (d) if so, the action,if any. being taken in this regard ? 2404. <§ro*r zw : t o M rr *r^ft f tt f a : THE MINISTER OF LABOUR AND REHABILITATION (SHRI R, K. KHADIL KAR) ; (a) and (b). Information is not (9>) t o fs m r % «?k available; % ssrTmTO t qTfsp^TTJT ¥R^R (c) and (d). The State Government i« ft 17 f o s m , 1971 % qnrrar the "Appropriate Government*’ in respect ^*rraff ft are^er ^ TOfr*, q$j of industrial relation in the Engineering industry and it would be for them to take sftr ^ »rf irpqfw ^ ?FTft Discussion Regarding Amenities (sr) irf< %$ it firror % to Indian POWs in Pakis. tan at Simla TO f r m | ? 2406. SHRI NIHAR LASKAR: fat* iiwrnu $ sratfsft («ft gfc*. SHRI VEKARIA: ^ %^) : («p) afo; tfhrr (m) Will the Minister of EXTERNAL *ft, «w *ft armTOrar j f | r ** «rr *rc tion of amenities to the India© Prisoners of War was also taken up during the Simla «rf f, qrr^ 17 fefrianr, 1971 q ra Summit ? ■*% tTsp HTXcfta flrmflV % qv arsrsfisgtar sf¥?r % irrm % THE DEPUTY MINISTER IN THE MINISTRY OE EXTERNAL AFFAIRS 2407* " SimtSvM .,^^EIW EE-:rW «l': an**aot D earie i$. be paid the Minister of SUPPLY ^ f t e K l t o to the Engineering workers; 7$ Written Awwer* AUGUST It, i m A m m » H

m whether l est jntor purchase* of THE DEPUTY MINISTER IN THE Ammonium Sulphate were made at very MINISTRY OF EXTERNAL AFFAIRS trigh j)riM causing loss to the Government (SHR! RU REN DR A PAL SINGH) t (a) to to the tune of several iafcto of rupees; (c). The arrangements wiU be worked out when delegations of the tvft> countries (b) whether the European supplier* meet, as envisaged in the Simla Agreement. sold Ammonium Sulphate to the Middle- A date for this meeting has not yet been Eastern countries at a price which was Axed. much lower than the price at which they «old to India and if so, the reasons therefor; ftirot % n M t and m (c) the price paid by India and that 2409* sftahmr v m fa # m m «Jht paid by the Middle Eastern countries and whether Government have made any investi­ 8rtt% vt f t t wtA f a w gation into this matter and fixed the responsi­ m m w wra qft w r G i fa % r e bility for the loss caused to the Nation ? *r far srfarfe?r THE M1N1STFR OF SUPPLV (SHR! fw^srcfV srr S aftr w fa v t s r o 0 fc* CHAVAN) * (la) The prices of ferti­ m ? f m m lisers fluctuate from time to tim« depending upon the availability And the compelling 1 1 demands at a particular point of time Ammonium Sulphate was purchased last wm vftx m to %« year at the prices prevailing at that time WTftWFT) : HTfTTT fa?JTT 3nST«F «R?T after negotiations. «rfw r ^ 3T^Fcft«r5R^ fw fa tn ft «r«r- (b) and tc). The price paid bv India *ra | i varied from $ 15 25 to $ 14 80 per Mttnc T a m f o. b for the purchases made Loss incurred bj Gujarat Mineral dtavttyi the period from August !<>7t to Development Corporation OWIlBer 1$7I. No official confirmation 4s JftfeJtab’e regarding the actual price 2410 SHRI PRABi- t DAS PATIL reportedly paid earlier that year by a Middle vitll the Minister of STLEL AND MINES Za&tn Country, be pleased to state:

Resumption of Telephone and (a) whether Gujarat Mineral Develoment Postal Facilities with Corporation incurred a loss of Rs 13, Pakistan trader Simla 76,000 during 1970-71 as against Rs. 44,82,000 Agreement during the previous year,

2401 SHRI M S SANJEEV! R 40 i (b) if so the reasons therefor, and SHRI E V VlfCHEPATiL (c) whether the Coloration hrd to Witt the Minister of EXTERNAL revi*c the cost of the beneficiator plant from AfftjPAIfeS be pleased to state : Rf 2 I crores tn 1966 to Rs, 4.8 ctores in 1969? (*) whether the arrangements have been flnaWsed to resume the telephone and THE MINISTER OF STATE IN THE pcttta! facilities envisaged under the Sim’a MINISTRY OF STEEL AND MINES (SHRI A g fe e ^ ti SHAHNAWAZ KHAN) (a) to &). The information is being collected from the {tO tf 90, the nature thereof; and Government of tbte G ujarat' as the Corpora­ tion is a State Government Uwterttffefag and # v d m tftk arrangement will be will be laid on the Table « f ihe Uow* *hcte *fvea*«fe

India’s Instrument or Ratification, duly 2416. DR. RANEN SEN : Will the signed by the President, was forwarded, Minister of STEEL AND MINES be pleased to the Government of Pakistan through to state : Swiss diplomatic channels on August 4,1972. (a) whether the private sector alumini­ State Government Response to National um plants have asked for permission to Arbitration Promotion Board’s expand their production; Proposal on Arbitration 2412. SHRI P. M. MEHTA : Will the (b) if so, the particulars of the expan­ Minister of IABOUR AND REHABILI­ sion programme submitted by private TATION be pleased to state : sector aluminium plants; andv

(a) Whether the State Governments have (c) the decision taken thereon t examined the proposal of National Arbitra­ tion Board to resolve Industrial Disputes THE MINISTER OF STATE IK THE throdgh arbitration; and MINISTRY OF STEEL AND MtNES CSHRI SHAHNAWAZ KHAN) : ( a f ■ tp

, ^ -iAscnm ■ aluminium has been received from the (SHRI R. K-; KHADI- private sector^the ; LKAR):

necesutyactkm. Noneof the State Gown- m i * OR. ItANEN SEN : Will the Territory Administrations has Mltiwr «tSTB8L AND MIN6S be pte* ■, afcT# canwy*dit« decision in the mat ter* sedtostate: . 79 M M m Answer* AUGUST 17* t97i IVrttten Answers 18

(a) whether the Kt/yrta Aluminuim when installed, be sufSckmt to meet th* Project is Hkely to run into heavy losses above demand. when ft reaches fiill production because of bad p!ft(M>ng and Wgh cost of transporting Participation of Labour in Manage* raw materials from long distance; meat for Raising Production

(b) whether expert* have suggested 2419. SHRI S. M. BANERJEE : Will that it would be more economical to delay the Minister of LABOUR AND REHA* the project and to Change its present locat­ BI LIT AT I ON be pleasedto state; ion rattier than continue the plans and incur recurring heavy losses every year; and (a) whether participation of labour in management has been accepted as one of (c) if so, the reaction of Government the formobt reasons for raiding the produ­ thereto ? ctions in the country;

THE MINISTER OF STATE IN THE (b) if so, whether such recommenda­ MINISTRY OF STEEL AND MINES tions have been sent to alt the Ministries (SHRI SHAHNAWAZ KHAN) (a) No, under Central Government and the State Sir. Governments, and

(b) and (c). The report of the Commi­ (c) if so. their reactions thereto ? ttee set up for examination of the transpor­ tation problems of the project is awaited, THF MINISTER OF LABOUR AND REHABILITATION (SHRI R K. KHADIL- Projected demand for Aluminium KAR) : (a) to (c) Apart from the statutorv works committee, the scheme of Joint 2418. DR. RANEN SEN ; Will the Management Councils has been in opera­ Minister of STEEL AND MINES be plea­ tion on a voluntaiy basis both m publi: sed to state ; and private sector undertakings. The Central Government have also decided to introduce (a) the projected demand for alunin m a scheme for the appointment of a workers in the next five years; and representative on the Boards of Manage­ ment of some appropriate public sector (b) how Government propose to meet undcrtak ngs. The Nationalised Banks this demand ? (Management and Misceliarecus Provision) Scheme, 1970 framed under the Banking THE MINISTER OF STATE IN THE Companies (Acquisition and Transfer of MINISTRY OF SI EEL AND MINES Undertakings) Act, 1970 fmer-alia, provides (SHRI SHAHNAWAZ KHAN) : (a) The for the appointment of one Director from estimated demand for Aluminium during amorjg the employees of the Nationalised thte feeftt five years is given below Bank who are workmen on the Board of Directors* A scheme for the workers to Year Estimated demand hold some shares in suitable central publfc in thousand tonnes sector undertaking Is also under consider- tion of the Government. The State Govern­ 1973*74 274 ments and Ministries are aware of ttaae schemes. 1974-75 301 1975-76 332 National Council of Trade U ni«* I970>77 $65 on Industrial Refetkms &T7-78 401 2420, SHRI GfRIDHAR. GOMANGOi lb> Tb* present chpachy for production Will the Minister o f LABOW A**& of aluminium in the country in 173,650 REHABILITATION be pleased totm te. fk t afaAtaft. Additional capacity «0 m ****** & m a m p it annum to *Nsih«»*w Natfem), h** h m win, ft*** v M t . *1 m » m A**w*r» SRAVANA \ m (SAKA) Writm Answers 92

Central Trwte U»»frns bodies were studying (a) whether toxic chemicals are being tr a il o f *oopera*ton; and used by American Forces in Sotrtfc Vietnam in the war against the National Liberation (b) if so, whether they have submitted Forces; their views on the Ministry of Labour and Rehabilitation's scheme to the Industrial (b) whether this fact has been brought Relations Law to be introduced in the to the notice of the United Nations and the present session 7 member countries by the International Cont­ rol Commission for Vietnam; and THE MINISTER OF LABOUR AND REHABILITATION (SHRI R. K, KHA- (c) if so, what action is being taken by D1LKAR) : (a). The National Council of the United Nations to put a stope to use Trade Unions has been formed with the of poisonous chemicals by the United States mam object of promoting understanding, in Vietnam ? cooperation and coordination in the activi­ ties of trade unions, THE DEPUTY MINISTER IN THE MINISTRY OF EXTERNAL AFFAIRS (b) The views expressed by Trade (SHRl SURENDRA PAL SINGH) (a) Gove­ Unton Centres and others will be taken in­ rnment have seen reports about the use of to account m framing a Law on industrial chemical weapons by the USA m Vietnam. relations, which is expected to be intro-* duced in the next Session of Parliament. (b) No, Sir, The International Control Commission does not come under the U. N. Indo-South Korean Talks Regarding Rennification of Korea (c) Does not arise.

2421. SHRI H. N MUKHERJEE : Employees State Insurance Hospitals SHRI C JANARDHANAN • In Tamil Nadu

Will the Minister of EXTERNAL 2423. SHRI S. A. MURUGANA- AFFAIRS be pleas d to state . NTHAM; Will the Minister of LABOUR AND REHABILITATION be pleased (a) whether the Consul-General of to state : South Korea in New Delhi had recently held talks with the officials of his Ministry; (a) the number of Employees1 State Ins­ urance Hospitals in Tamil Nadu at present; (b) whether the Consul-General had rasied the issue of Korean reunification and (b) how many of them are being run m the talks held between the representatives rented buildings and the total monthly rent of the Korea in this respect; and paid to the owners of these buildings; and

(c) if 90, the outcome of talks 7 (c) the number of hospitals proposed to be opened in the State in the next three THE DEPUTY MINISTER IN THE yeais ? MINISTRY OF EXTERNAL AFFAIRS (SHRI SURENDRA PAL & NGH): (a). THE Ml ISTER OF LABOUR AND No, Sir. REHABILITATION (SHRI R K KHADIU (b) and (c). Do not arise. K A R): Tjie Employees* State Insu ance Corporation has furnished the following Us* of T<«k Chemicals By U*S. A. information : In Vfetnaai (a) There are three Employees’ State 3422. SHRI Ii. K. MUKHERJEE: Insurance Hospitals and five Employees* $BRI RAIDED SINGH; S‘ate Insurance Annexe* in the State of * » TfcmU Nadu at present. In addition, three ^^M ii^ofiiXTERNALAFF- Ewpfe**e*# State Iflwtwwe Annexes are t i A ltvMfttifc flflder coi*sHtvetfon. <3 W rttttk AUGUST 17, i m Wrfetm Amw*r* $4

(b) Mo hospital » bdng run In a rented THE MINISTER OF LABOUR AND building and as such, there is no question REHABILITATION (SHRI R. K. KHA01L- of payment of any rent. K A R): (a) The largest number of strikes and lock outs during 1969, 1970 and 1971 (c) No new h-nptta! is likely to be open­ were reported in Maharashtra; ed In the next three years. (b) According to available information, Non-Allocation of Funds For opening this is not so; Neir Hosptaris In Tamil N ate Under Employees* Stale (c) Does not arise. Insurance Purchase of Ncm-K.etal Helmets to 1965 2424. S. A. MURUGANANTHAM' Will the Minister of LABOUR AND REHABILI­ 2426. PROF. NARAIN CHAND TATION be pleased to state: PARASHAR * Will the Minister of SUPPLY be pleased to state : (a) whether his attention has been drawn to the statement made by the Tamil Nadu (a) whether after the purchase of non- Chief Minister on the 6th June, 1972 that metal helmets in 1965, complaints were the Centre has not allotted any money for lodged by the users about the size of the opening new hospitals in the State under helmets and no serious notice was taken of the Employees State Insurance Scheme, and these complaints;

(b) if sot Government's reaction thereto? (b) whether any investigation is contem­ plated into the matter and whether any THE MINISTER OF LABOUR AND responsibiity will be fixed for these lapses, REHABILITATION (SHRI R.K. KHADIL- and KAR): (a) No. (c) The period by which such an investi­ gation would be completed ? (b) Funds for opening new Hospitals under the Employees* State Insurance Sceh- THE MINISTER OF SUPPLY (SHRI eme are made available not by the Central D. R. CHAVAN): (a) to (c). Helmets Government but by *he Employees* Sta e were purchased on behalf of the Insurance Corporation. The Corporation has Ministry of Home Affairs for the State reported that in case of Tamil Nadu State, Governments. Complaints were made by the number of beds sanctioned is 1501. as the State Governments to the Ministry of against the entitlement of 1945 beds accor­ Home Affairs. The lapses involved in this ding to the existing yard-stick. There is, case, in so far as the DGS&D are concer­ therefore, no likelihood of construction of ned, are being investigated and they would new Hospitals in Tamil Nadu State in the be completed as soon as possible. nxet five years. Lang Term Plan for Dandakaraaya Incidents of Strikes and Lock-Outs Project 2425 KUMARI KAMLA KUMARI : 2427. PROF. NARAIN CHAND PARA* Will the Minister of LABOUR AND REHA­ SHAR : Will the Minister of LABOUR BILITATION be pleased to state; AND REHABILITATION be pleased to state : (a) the name of the State in which the largest number of strikes and lock-outs (a) Whether the Department of Rehabili- Ocscwtcd during the last three years; tation propose to ptepfti* * tang term plan for the Dandakaranya project regarding if *0, the wfcwrfs threfore and the for the preparation of rtris plan and its „ m p itaken by Government remove it t nresentationwP|a to >»»*****»*►** a •we^m^ppa»p s m Tlttert ■' RBHABILITATION

The Town and Country planning Orga­ (b) if so. whether Government have nisation have indicated that an outline plan fixed any responsibility for this faulty for the Dandakaranya sub-region will take planning ? 2 years in its preparation. THE MINISTER OF LABOUR AND Noras for Haulage and Cultivation REHABILITATION (SHRI R. K. KLHAD1L- Output of tractors in Danda- K A R): (a) and (b). th e basic considera­ karanya Project tions on which the scheme to use Power Tillers in Dandakarnya waa formulated, 2428. PROF. NARAIN CHANDwere as follows :— PARASHAR : Will the Minister of LABOUR AND REHABILITATION be (1) At that time diversified cropping pleased to state : had not been introduced. Single cropping was being practised and, (a) Whether a suitable norm for out­ therefore, it was felt that it would put of tractors in respect of both haulage not be possible for a pair of and cultivation with regard to the Danda­ bullocks to plough the entire hold­ ing of about 6 acres allotted to a karanya Project has been prescribed as desired and recommended by the Public settler in Dandakaranya; Accounts Committee; (2) The bullock markets were not welt established at that time and bullocks (b) if so, the description of this norm; were not available in sufficient and numbers;

(c) if not, the period by which the (3) It was felt, at that time, that co­ norm is likely to be prescribed ? operative farming or group farm­ ing would be practised by the THE MINISTER OF LABOUR AND migrants. The use of M v tr Tillers REHABILITATION (SHRI R. K.KHADIL- would have been useful in such KAR) (a) to (c) : On the recommendation ot farming; the Fubiie Accounts Committee in is Nine­ teenth Report, norms for output of ta fac­ Taking the experience of the tors in respect of both haulage and cult­ past few years, the Committee on ivation have been fixed by the Dandakaranya Power Tillers found that these pre­ Project Administration, after taking Into mises were not holding good in account tbs peculiar conditions of the that ;: aonm tentatively fixed ■.. are $00 hours of work (300 hoursfor agr* (I) With the iritrodutfion of diver- teuHumiwwkan* ^ non^agricu-

Kafe/howevw. being examined further " ; Ministry .Of ^ Agrw; 87 Written Answers AUGUST 17, M»72 Wrfttm Answers fl»

normal agrsculmrel holding of a THB MINISTER OF STATE IN TAB settler. MINISTRY OF STEEL AND MINES(SHRI &HAHNAW4Z KHAN) . <*) «nd (b) . A (u) The P o>«ct Administration ha 3 repiesent&tion was received from M/s* been making vigourous efforts lo Premier Vegetable Products Ltd , claiming tap various cattle markets in the to have received aCOB licence tor fabric region and it had been possible for eating Tin Containers* with a capacity of them to procure adequate number 1,000 Tonnes per annum, and asking for of bullocks for the settler famines supplv of Tinplates. As there is no statu* inducted each year torv control over the distribution of Tm- p ate, which is looked after by the Tinplate (in) While group farming was Producers Consultative Committee, the rep­ practised in the Dandakakaranya resentation was passed on to that Commi­ only in the first year of induction ttee for consideration under advice to the of families (since individual allot- firm ment was not possible bv that time) no group or cooperative farming Visit* by Regional Provident Fund had, in fact, been adopted by the C ommissfoner, Bihar settlers on a regular or long term 2431. SHRI R P YAD4V * Will the basis Hence the use of Power Minister of LABOUR AND REHABILITA­ Tillers on group or cooperative TION be pie ased to state * farming basis had to be ruled out (a) whether Government arc await* that new coverage under the Employees Besides., the settlers m Dandaka* Provident Fund* Organisation arc not taking ranya were not adequately mecha­ place in the region of Bihar because the nically minded so as to be capablc Regional Commissioner and Assistant of handling Power Tillers and Commissioner are not personally visiting attending to minor repairs, etc these places ond supervising the same, It would be observed from the (b) whether they have ever visited above facts, that there was no fault Palamu, where a large number of Dolmite- in planning the scheme of use of mines are situated or the Chaibasa where Power Tilleis in Dandakaranya It China-clay Mines are located or North was only after practical experience Bihar, where rice mills have not implemen­ of a few years that the ba*ic pre* ted the Employees* Provident Funds Act mises, on which the Scheme had properlv, and originally been formulated, were found to be no longer holding (c) whether Government propose to good issue orders to these effictal s to conduct intensive surveys for coverages etc ? Representation from firms requesting for supply of Tin Plates THE MINISTER OF LABOUR AND 2430. SHRI K. SURYANARAYANA * REHABILITATION (SHRI R. K. KHADIt- KAR) * The Provident Fund authorities Will the Minister of STEFL AND MINES be pleased to state * have reported as under (a) It is not correct to say that new (a) whether any repiesentations have coverages under the Employees’ Provident been received by his Ministry from the firms Funds and Family Pension Fund Act. 1952 which have been granted CO.B. licences for and the Scheme framed thereunder are not fatarc&tiog tin containers requesting for the taking place in the Bhar region and supply of tin plates; and that the Reg onal/Assfstant Commissioner is not Visiting various establishment* (b) if so, their particulars and the action <» proposed to be taken in the (b) Provident Fuad Inspectors of the igniter? Employees Provident Fund Organisation ape Written Answers SRAVANA 26; (SAKa ) Written Aniw&'f1* 90

entrusted with tae j ab 0f Inspection/Inve­ Support to India’s Efforts regarding stigation o fv a rio u s establishments. The ' . Vietnam War '■■■ Assistant/Regional Oorrtmssianer has also visited a number of establishment* situated 2433. SHRI S. M. BANERJEE : Will at various places as was found' necessary in the Minister of EXTERNAL AFFAIRS be the interest of smooth administration and pleased to state : enforcement of the Act and the Scheme framed thereunder. (a) whether during his recent tow in many foreign countries in July, 1972, many (c) General instructions for surveys to countries have assured of their whole-hearted be conducted by officials have already been support, in India’s efforts to reduce chances issued in this behalf. of further escalation of war in Vietnam; and Wage Board for Workers In Construction Industry (b) if so, which are those countries ?

2432. SHRI S. M. BANERJEE ; Will THE DEPUTY MINISTER IN THE the Minister of LABOUR AND REHABILI­ MINISTRY OF EXTERNAL AFFAIRS TATION be pleased to state : (SHRI SURENDRA PAL SINGH) : (a) and (b). In most of the countries visited by (a) whether a final decision has been the Minister of External Affairs in July this taken 10 appoint a wage Board for year, the Vietnam problem came up in the the workers employed in the Construc­ course of discussions. Deep concern was tion Industry; expressed by these countries over the conti­ nuing war situation in Vietnam and there was appreciation of the views expressed by (b) whether tie workers, under the India for an early end to these hostilities leadership of All India Hindustan Construc­ and for a fair and just settlement of the tion Workers Union, h ve decided to launch Vietnam problem. a direct action ?n case the Wage Board is not appointed by the end of September. Security Personnel in Ronrkela 1972 and if so, the reaction of the Govern­ Steel Plant ment; and 2434. SHRI SHYAM SUNDER (c) whether the workers employed in MOHAPATRA r Will the Minister of Construction Industry in India are not STEEL AND MINES be pleased to state ; covered by the Gratuity Scheme and have also not been brought under the purview of (a) the total number of security perso­ Provident Fund benefit scheme, if so. the nnel in Rourkela Steel Plant, steps taken by Government to bring them under the various provisions of the Law ? (b) the total number out of them, who have opted for Central Industrial Security THE MINISTER OF LABOUR AND Force and absorbed in the Plant; and REHABILITATION (SHRI R. K, KHADIL- KAR) : (a) It is not proposed to set (c) the time by which the remaining up a Wage Board for the Construction personnel are expected to be absorbed ? Industries; THE MINISTER OF STATB IN THE (b) Government are not aware of this MINISTRY OF STEEL AND MINES decision; (SHRI SHAHNAWAZ KHAN): (a) to (c). The total number of security personnel in (c) Cefltral legi5lation on Gratuity has Rourkela Steel Plant was 878. Of these 226 been pftssedbyParliamem recently. It would opted to join the Central Industrial Security _ ■ ’■ t|be;. ■ ■ ^ 00- As ,/ te|artl*, ■■ the. ■. tipjptfcation of tjhe Provident a^fjfrtloif ik;C.l.S.F»;anid ^ is. the rfcraainging90have beeneatmarked for ' being considered, ■ ; :V;= absorption in the pliant. ' ^ , W r itm A n n m s

Such o ftheSecuritypersonnelwho did meat in ieiw itof the Articles of Associatioa not optftw C I.S.F. have been retrenched of the Company, it isfo rth e a u tb o ritie s from Service with effect from 1.3.1972. of Hindustan Sjeel Limited and Bokaro Lafcerf the Management ..have '- given re- Steel Limited to secure or retain the mploymentto 298 oiit of these who bad services of Government employeesondepu- completed fnore than id years of service and tation having regard to their own require* were found suitable. ments and interests. The Government have, however, already decided that members Quarter* in Rourkela Steel Plant of the permanent civil services (other than those who belong to the Industrial Manage* '■".52435;' SERI SHYAM SUNDER ment Pool) on deputation or proceeding on MOHAPATRA ; WiiJ the Minister of deputation hereafter should excercise within STEEL AMD MINES be pleased to state : a stipulated period, an option between permanent absorption in the service of the (a) whether the cheap type of quarters undertaking and reversion to the parent in the Rourkela Steel Plant have gone below department. The reversion of the existing the minimum plinth area prescribed for the deputationists from the Central Government quarters; and will, therefore, be governed by this decision In the case of State Government employees (b) if so, the time by which it is on deputation, the matter would have to be expected to be made good ? settled by the Undertaking with the State Governments concerned. THE MINISTER OF STATE IN THE MINISTRY OF STEEL AND MINES Recommendations of Loomba Committee (SHRI SHAHNAWAZ KHAN) : (a) Prior in Rourkela Steel Plant to formulation of standards by the Bureau of Public Enterprises, some barrack type 2437. SHRI SHYAM SUNDER houses of 300 square feet plinth area were MOHAPATRA : Will the Minister of constructed at the initial stage of construct STEEL AND MINES be pleased to state : tion of the township. (a) whether the Loomba Committee's (b) There is no proposal to make recommendations have been fully imple­ *ood the shortage of plinth area in these mented in Rourkela Steel Plant; and m irters. There- has however been no futher (b) if not, the recommendations which construction of cheep type quarters of the remain to be implemented ? barrack THE MINISTER OF STATE IN THE , B iiB fiom sIs working in Steel Plants MINISTRY OF STEEL AND MINES .#3«. SHRI SHYAM SUNDER (SHRI SHAHNAWAZ KHAN) : (a) and (b). MOHAPATRA: Will the Minister of STEEL The implementation of the recommendations . AND MINES be pleased to refer to the of the Locmba Committee is in various reply given to Umtarred Question No. 751 stages of progress. on the 3rd August, 1972 regarding deputa- tkmists in the Steel Plant and state : Buildings Constructed at Dl^anaskofi for repatriates from Sri Lanka (a) the time by which the deputation* istsworkirg in Steel Plants are expected to 2438. SHRI SAT PAL KAPUR t Wi« be -reivefted^ back; and the Minister Of LABOUR AND REHABI­ LITATION be pleased to state:.. the policy involved in allowing to continue working it* the (a) whether some buildings were con- structed at Dhanuskoti in Rajr,e*hwar*mto ' iwelveVfhe repatriates THE MINISTRY OF STEEL AND MINES (SlBtI &HAHNAWAZK HAN) : (a) and (b). ,. lying a i i r Enccpt for appointments made by Govern- Written Answer* 94

(b) if so Government* decision - ':; tion of these* buildings And whether Govern*' meat propose to utilise the building* for , fHE MINISTER OF StATE W titS '-'/ any other use i MINISTRY OF STEEL AND MINES (SHRI SHAHNAWAZ KHAN); (a) Yes, THE MINISTER OF LABOUR AND Sir* REHABILITATION (SHRI R. K. KHADILICAR) : (a) and (b). Yes, Sir. (b) This is an issue within the purview of the Plan Management. (c) A sum of Rs. 18.78 lakhs was sanctioned for the construction of buildings Non-Compliance of employee’s Provi­ and other ancillary items like electricity, dent Funds Act In Public water supply, internal roads, etc. Undertakings.

The question of utilising these buildings 2441. SHRI RAMAVATAR SHASTRi: is being examined in consultation with the Will the Minister of LABOUR AND State Government. REHABILITATION be pleased to state :

Release of Indian Property Captured by (a) whether the Public Sector Under* Pakistan during 1965 takings have been showing a sign of non* compliance of the Employees* Provident 2439. SHRI R. S. PANDEY : Will the Funds Act and the Scheme all over India; Minister of EXTERNAL AFFAIRS be if so, the details of each such unit* in each please^ to state : region;

(a) whether Government have taken up (b) whether Regional Commissioners Vi ith Pakistan the question of release of and Assistant Commissioners do not visit Indian prope-ty confiscated by Pakistan Public Sector Undertakings personally and daring the 1965 Indo-Pakutan conflict; offer clarifications to them with the result and that lot of misunderstanding persists regar­ (b) if so, the steps taken so far and ding investment, settlement of claim and the results achieved therefrom ? grant of loans tc the members; and

THE DEPUTY MINISTER IN THE (c) whether Government propose to MINISTRY OF EXTERNAL AFFAIRS issue instructions to the various Regional (SHRl SURENDRA PAL SINGH); (a) and Commissioners and Assistant Commissioners (b). The matter has been taken up with to visit Public Rector Undertakings persona* the Government of Pakistan on a number lly and check up their accounts so that of occasions without any positive results. marked improvement in compliance could The Government will however continue to be secured ? pursue it. THE MINISTER OF LABOUR AND Setting up of a Joint Cornell of trade REHABILITATION (SHRl R. K. RHADIL- Uakms for workers* participation KAR) The Provident Fund Authorities have la production of I. t. S. Co. tatkiuttedasunder ;•

^ BALADHANDAYU­ (a) Information is not readily available THAM i Will the Min ister of STEEL AND and is biing collected, MINES be pleased to st«tc. (b) and (c)« Mo such large scale misun- (*) whether the AlMftdia Trade U nion derstandings have teen brought to notice. Congress hasdemandedtbata JointCouncil Establishments covered under the EmpiO-■ ^ -Iii Durgapur Steel ; .. yees* ProvidentFoudsan* Family Pei»foa FundAct,t952 inclttdingpublic Sector wtfrtkrinatton 'lo^ : Undertakings are being visited by the Regi- ftypist' onal Provident Fund Commissioner* and tf>e^totto«hQpfcvei;and other officers as aad when found necessary 95 Written Answers AUGUST 17, 1972 Written Answers 90

in the interest t t smooth administration and Will the Minister of LABOUR AND REHA* effective compliance by such establishments. BILITATION be pleased to eiate; Instructions have also been issued to all Regional Provident Fund Commissioners (a) whether Government are aware that from time to time to take effective steps for large number of mica mines in the District securing compliance from Public Sector of Hazaribagh and fire-clay mines m Dhan- Undertakings. bad District and china-clay mines in the Singhbhum District have not been covered Implementation of Employees' Provi­ because they arc inaccessible; and dent Funds Act in Mysore (b) if so, the action taken in getting 2442. SHF I RAMAVATAR SHASTRI them : surveyed and coveted under the Empl­ will the Minister of LABOUR AND REHA­ oyees Provident Funds Act ? BILITATION be pleased to state; THE MINISTER OF LABOUR AND (a) whether Government are aware that REHABILITATION (SHRI R, K KHADIL- there is large scale evasion in the implemen­ KLAR) : (a) and (b) The Provident Fund tation of Employees* Provident Funds Act Authorities have repor cd that the informa­ In the region of Mysore in a such as the tion is being collected. It will be laid on factories and mines I ave not been covered the Table of the Sabha in due course. with retrospective dates when they were eoverable, with the result that employees have been deprised of the benefit of mem­ Lockout in Mine* of Birds Group bership of Provident Funt for a period in Hazaribagh ranging from 10 to 12 years; 2444. SHRI RAMAVATAR SHASTRI (b) whether Government propose to Will the M mster of LABOUR AND REHA­ reopen all such cases and cover them again BILITATION be pleased to Mate with retrospective dates so that the harm done to the workers could be undone, and la) whether the iiiines belonging to the Birds group in Hazar bagh have declared (c) the steps being contemplated in this lockout; regard 7 (b) whether theie was a police firing on THE MINISTER OF LABOUR AND the striking workers; and REHABILITATION (SHRI R K KHAD1L- KAR) : The Provident Fund authorities (O if so, the cause of the strike and have furnished the following information:— actions taken io the matter ?

No. Only one such ca*e has come to THE MINISTER OF LABOUR AND the notice of the Central Pro ident Fund REHABILITATION (SHRI R K. KHADIL- Commissioner. KA R). (a) Yes. Saunda *D’ Colliery of Messrs Karanpura Collieries Limited in tb) and

EMM tt 1l. S. toemm k Wimh Imi mfc developments in other countries. Whfte INS FQMtfpi StjMlsaSS it is part of the duties of our Missions to look after the welfare of Indian nationals 2446 SHRI JYOT1RMOY BOSU: Will abroad, these is not much that can be dotie the Minister of EXTERNAL AFFAIRS be to provide assistance in situations of the pleased to state: type mentioned in the news item.

Statement

index Nnn&er of Money Earnings: of Employees in Manufacturing Industries drawing tent than Ms 400h per month by States#* the years 1962,19& to 1970, —'...... ■ ...... ■...... —— m...... |»...... 1 ■■ "1 SI. States/Union Index Number of Money Earnings (Base 1961 as 100) No. Territories 1962 1968 1969 1970 (P) 1 2 3 4 5 6 1. Andhra Pradesh 104 IS5 177 182 2. Assam *5 137 149 IS2

3. Bihar 97 134 135 148 4* Gujarat I0S 16S 164 175 5. Himachal Pradesh 139 20$ m 1*2 6, Ram la i<* 175 199 199

7* Madhya Pradesh 108 14S 151 m S. Maharashtra m m 1*7 167 Mysors n m 15$ *55 , i m , .V*, m - J B L a , 99 Wr itten Amw*t AjtlW ST 17,1*7* * Written A m s m r t 190

! 1 3 4 5 6

11, Punjab* 110 161 189 201

11. Rajasthan 172 261 2*5 265 13. Tamil Nadu 107 156 165 165 14. Uttar Pradesh 109 171 176 182

15. West Bengali 106 170 94 Vttkm Territories

16* Andaman & Nicobar Islands 106 148 166 179

17. Delhi 110 166 181 172 All-India Index bt Money Earnings. 106 160 171 175

All India Consumer Price Index Numbers (Base Shifted to 1961*100). 103 171 169 178 All-India Index of Real Earnings. 103 94 10t 98

*As it existed prior to reorganisation. (P>—Provisional.

Note— 1. The figures relating to Index of Money Earn tags exclude those for Railway Workshops and Groups of Industries seasonal in character consisting of Food, Beverages, Tobacco and Gins and Presses but include Defence Installations, 2. Index Numbers of Money Eeammgs in respect of other States/Union Territories are not being compiled as the basic data for the year 1961 was not available* Source : Annual Returns under the Payment of Wages Act, 1936.

Final Report of Expert Committee on THE MINISTER OF LABOUR AND Unemployment REHABILITATION (SHRI R.K. KHADIL- KAR): (a) No. 2448. SHRI CHINTAMANI PANJORAHI. SHRI G. Y. KRISHNAN : (b) and (c). Do not arise.

Will the Minister of LABOUR AND Setting up o f a Corporation for tftfffsattaa REHABILITATION be pleased to state : of Nickel Or* la Orisaa 2449. SHRI CHINTAMANI PAN!* (a) whether the Expert Committee on GRAHI: Will the Minister of 8TSEX* AND Unemployment has since submitted its final MINES be pleased to state ; report by now; (a) whether any progress has been made (b) if so* the broad recommendations *ofarin setting ftp of a Corporation tor thereof; and fHiitttion of riM ore found in Stfchinda at*a in Orissa; and (q) the decisions feScen thereon and the i Jjecisions taken on its earlier report 1 0>) if M, * • M fe ' m IM mm A m m n SRAVANA 26,1*94 (SAKA) w m m u r n m ^ inn

TUB MINISTER OF STATE IN THE

'450. SHRl RAJDEO STNGH : Wilt The UNMOGIP was established Speci­ the Minister of LABOUR AND REHABI­ fically with reference to the old 1949 LITATION be pleased to state : ceasefire line which has no validity any longer. The U.N.Observers have, there­ (a) whether thousands of Mica mine fore, no role to play in Jammu and workers at Koderma and Jhumaritilatya are Kashmir. on the verge of death by starvation due to non-payment of their wages by mine owners; Indo-Yugoslav Talks and 1 2452. SHRl C. JANARDHANAN : (b) if so, the steps Government have Will the Minister of EXTERNAL AFFAIRS been taken in the matter ? be pleased to state ;

THE MINISTER OF LABOUR AND (a) whether attention of Government REHABILITATION (SHRI R.tC KHADIL- has been drawn to a statement made by the KA R); (a) and (b ): Information is being Yugoslav President Tito to a banquet collected. hosted by him in honour of the President Shri Giri, suggestirg the convening of a Pakistan's Views Re: the Role summit of the non-aligned countries; of U. N. Observers ia (b) if so, the nature thereof; and

2451. SHRI RAJDEO SINGH: (c) the reaction of covewnent to this SHRl PHOOL CHAND VERMA: suggestion ?

Will the Minilter of EXTERNAL THE DEPUTY MINISFEft, IN THE AFFAIRS be plesed to state : MINISTRY OF EXTERNAL AFFAtfcS (SHRI SURENDRA PAL SINGH): (a) And (a) whether Government are aware of (b). President Tito* in his speech at the tite Pakistani move lor a continuing role banquet given in honour of our President on Jitfy 3, IWf* had gtpcpMSfy ftftorifd to and.aart^tlnf hunmm* m SM m te to the wed % m by now- Pakistani lo ree«i*t day$* aligned countries*' in Ofdwty cootmue Mxmt u. m

M fOMM Midi* in M ttiom . te ste oAfoers limp **pedtt1fous I10WWV «0 VpiffclllC |IvQ0WpM MS u68fl 4*m*H or p#»

(C) whether any prosecutions have (if) Number of prosecutions been launched against the defaulting emplo­ filed under Section 406 yers; i f so, the number of cases filed so L P. C. t - | 7 fa r? (Hi) Number of certificate cases THE MINISTER OF LABOUR AND filed. — 3261 REHABILITATION (SHRI R X KHADIL- KAR): The Coat Mines Provident authori­ ties have reported as under laterin Report of Bonus Review Committee

(a) Yes, 3454. DR, RANEN SEN i Wilt the (b) (I) Legal action by way of pro* Minister of LABOUR AND REHABILI­ TATION be pleased to state: sfiGVtkm and recovery proceedings is generally taken against defaul­ ting employers under the Coal (a) whether Government have asked Mines Provident Fuad, Family for an interim report from the Bonus Pension and Bonus Schemes Act, Review C

to issue lastrueciontfto tt d g a N a N s 105 s ravana as* wq&Am ty tftm dutprrt 106

# ) Government have not received any interim report, b w m m I | m nsrrhiie affttiiiiseM

(c) Does not arise. 2456. SHRI MADHURYYA HALDAR: ■f Will the Minister 4f SI/PH Y he pieeied what facilities the Depertmsnt of Will the Minister of STEEL AND Supply have to scrutinize Agriculture MINES be pleased to state Department's proposals to purchase fertiliser from various sources ? (a) whether a special type of oven to THE MINISTER OF SUPPLY (SHRI make metallurgical coke has been Invented by the Central Fuel Research Institute in D.R. CHAV AN ): (a) Generally, the price per unit of nutrient in DAP is lower than cooperation with Tata Iron and Steel Company; and that in ANP, white the price per unit of nutrient in ANP is lower than that in NPK complex fertilizers. However, the quality (b) if so, the salient features thereof 7 of nutrients available from ANP is inferior to that availab’e from DAP. THE MINISTER OF STATE %h THE MINISTRY OF STEEL AND MINES (b) H is the resporoib’lity of the (SHRI SHAHNAWAZ KHAN) : (a) The Department of Agriculture to deterge ne the Centra! Fuel Research Institute have recently programme ter the import of fertilisers to claimed to have developed a design for a be imported and the d & m y schedules for cheap, efficient and highly productive non- such imports, Tfc Department of Agr

> • ftn Ww coit»i. »'< » ■ »9 * < 3 F K . Wrtrlwm /■

. Errployees Stale Insurance Hospitals, manganese ■ Annexes and Dispensaries in - t^-^ni^'/ive^; •• •« * .'/ ;';V ■ '':;;:C.: ■ years.

(b) and (c). . It is not essential that Growing Industrial Uwrait t» Whar everysteel plant shodld have captive ore mines. Iron ore for the first stage of 2460: KUMARI KAMI A KUM ARI ; Bo)catt> Stce! plant will be supplied by Will the Minister of LABOUR AND RE­ K tfibuniM ’rnes which are managed and HABILITATION be pleased to state: operitfedbythe National Mineral Develop­ ment Corporation Limited, a public sector (&> whether industrial unrest is growing concern. As the expens ion of Kiriburu is in Bihar at a very high speed due to exploi­ stiMnotcompl*e, iron ore fine* required tation of workers by the 20 big business for Bokaro Steel Want are now being houses; procuwd from other sources. Nodifficuliy is envisaged in ensuring adequate supply of (b) whether Government are going to iron ore from Kiriburu at prices fair to appoint a Committee of Members of Parlia­ both NMDC and BSL. Manganese ore is ment to look into the affairs of the 20 now being purchased from the Minerals and big business houses; and Metals Trading Corporation Limited* Bokaro Steel Limited has recently acquired (c) if so, the time by which it is propo­ minirtff teasc of certain areas for raising, sed to be appointed ? manganese ore and theic may ultimately become the mnin sources of the ore . THE MINISTER OF LABOUR AND REHABILITATION (SHRl R, K. KHA- IStaployeea Stale Insurance Hospitals D1LKAR): (a) to (c). The Ministry of Lab­ our have no information on this subject. 2459 . SHRI SH&.A MANJHI : Will tbam M er Of LABOUR AND REHABI- Assessment of Working of Rehabilitation LlTATION be pleased to state : Industries Corporation

(a) how many Employees State Insura­ 2461. SHRI K. MALLANNA : Will nce Hospitals *rc now functioning la the the Minister of LABOUR AND REHABILI­ country; TATION be pleased to state :

(b) the total bed strength of tbeae (a) whether Government of India have hospital*; «nd made any assessment in regard to the wor­ king of rehabilitation industries Corpora­ M the plans to open new hospitals in tion, Calcutta during the last three years; the next three years? (b) whether this Corporation has bein ;: > ;ite M r n is r £ R o f la b o u r a n d running at a Iota, if so, the reasons thereof; ifcfiHABJUTATION (SHRI R.K. KHADIL- and KAR) r The Employees State Insurance Corpomtton has furnished the following (c) the step? taken by Government to improve the drawbacks 7

' 47 Employees State THE MINISTER OF LABOUR AND Hospitals are functioning in the REHABILITATION (SHXI R.K. KHAD1L-

■ <&) >JFhrtotal bed strength at 47 Empto* ■ (b> Ves > Sir , Tf t losses in ': the Corp** ^ yeei StHNr fnaunnee Hospitals is ; .lienarc ma*ftiy«ttributa«e

. . ^ ;■ /■;;;*vf ■ W - & ^ u & o r m Stale Iniura&ce (i) The five tnnffloeni weaving centre* provided a sum o f . taken W |r 'S^'s9V'-cmre* ter 'the eonatrucffcn of West Bengal•. rnV M riW .V SRWAN\ 26, 1894 (SAKA) Written Answers 110

factory Units and the workers have Iy, a Departmental Committee W'lS set up to t o be given benefits according to enquire into the working of the uneconomic the Factories Act as well as bonus. Units of the Corporation with a view to loca- The products of these centres also ting vulnerable points and finding ways and do not enjoy the usual 5% rebate means of improving them so as to make allowed to handloorn products of them corn.nercially via b'e. The Committee the cooperative sector. has also submitted its report. Both these reports are now under examination in con- (ii) Due to the geographical location sultation with the other concerned Dep irt- of various units, the Corporation ments etc. incurs considerable expenditure on transport, storage and distribution Economic Cooperation with of their products. Asian Countries

(iii) The Corporation has to employ 2462. SHRI K. MALLANNA : Will the displaced persons most of whom Minister of EXTERNAL AFFAIRS be are inexperienced and have to be pleased to state: trained as they work. This leads to consequential inherent disadvanta- (a) whether the scope for enlarging ges. Indians trade and economic cooperation with the various countries of Asia was dis- (iv) General recession coupled with cussed at a meeting of the Heads of the considerable labour unrest during Indian Missions in Asian countries with the past 3 years, has affected the representatives of the Federation of Indian working of the Corporation to an Chambers of Commerce and Industry on appreciable extent. the 12th April, 1972;

(v) High wages, poor labour efficiency (b) if so, the outco.ne of the talks: and and productivity and high percen- tage of unabsorbed factory over- (c) Government's reaction thereto? heads also contribute to losses in- cured by the Corporation. THE DEPUTY MINISTER IN THE MINISTRY OF EXTERNAL AFFAIRS (vi) Heavy floods in September, 1970, (SHRI SURENDFR PAL SINGH) : (a) Yes, completely dislocated work in Bon- Sir; On 13th April, 1972. Hooghly area where the Corpora- tion's biggest industrial complex is (b) Problems relating to expansion of located. Damage to materials alone India's economic ties with the region as a resulted in a loss of Rs. 2.13 whole, as also with individual countries were lakhs. identified and practical suggestions towards this end given by the Federation of Indian (vii) Finished textile products worth Rs. Chamber of Commerce and Industry as 36.07 lakhs accumulated in the well as the Heads of Indian Missions, are stocks due to difficulties explained being studied and pursued by the Govern- above. The devaluation of this ment. huge stock, and interest on capital, account for a substantial part of (c) Government feels that this is an the losses. opportune moment to make serious efforts for strengthening trade and economic co- (c) The Board of Rehabilitation which operation between India and other Ad in set up by the Gover nment under the Chair- countries, and intends to make every effort manship of Shri Manubhai Shah was reque- to give concrete shape to the many useful sted inter-alia to advise the Government on ideas that were discussed between the the measures essential for placing the Cor- Federation of Indian Chamber of Commerce poration on a round economic focting. The and Industry and the Heads of Indian Board has submitted its report. Subsequent- Missions. 111 Written Answers AUGUST 17, 1972 Written Answers 112

Rehabilitation of Famhies displaced Ban on Entry of Indian into U. K. due 10 Establishment of Steel ~ Plant at Visakhapatnam 2465. SHRI JAGANNATH MISHRA Will the Minister of EXTERNAL 2463. SHRI JAGANNATH MISHRA AFFAIRS be pleased to state: Will the Minister of STEEL AND MINES be pleased 10 state: (a) whether Government's attention has (a) the total number of families to be been drawn to the reports regarding the displaced by the establishment of steel plant refusal 10 the Indian parents to enter at Visakhapatnarn; and Brita in even to attend the wedding of their sor.s; and (b) the proposals to rehab.litate these displaced per. ons ? (b) if so, the reaction of Government?

THE MINISTER OF STATE IN THE THE DEPUTY MINISTER IN THE -, MINISTRY OF STEEL AND MINES MINISTRY OF EXTERNAL AFFAIRS (SHRI SHAHNAWAZ KHAN): (a) At (SHRI SURENDRA PAL SINGH): (a) Yes, this stage it is not possible to make a precise Sir. assessment of the number of families likely to be displaced by the acquisition of land (b) Government natu: ally regret needless for the Visakhapatnam Steel Project, as this ha rdsl.ips caused to innocent visitors to would be subject to tr.e area of lar.d which Britain. However, in the case of Shrimati is finally acquired. Achro Malhi, whch has been widely reported in the press, the Bri tish view is tha t she (b) Proposals for rehab.l itation of the sought entry into U.K. by misrepresenting persons wl.o would be displaced will be facts. She is alleged 10 have lold the immi- drawn up by the Government of Andhra gration officer at Lon Jon airport that she Pradesh in consultation with the Ministry wished to settle permanently in U.K. Further- of Steel and Mines. more, l.er earlier applcation for an entry certificate at the British High Commission Control of Ferrous and non-ferrous in New Delhi had been refused. She had Scrap Trade through M M.T.C. then changed her passport and sought entry into UK without an entry certificate. She 2464. SHRI J?GANNATH MISHRA claimed that she had gone there 10 attend wm the Minister of STEEL AND her son's marriage. The immigration autho- MINES be pleased to state: rities offered to let the marriage be per- formcd in the detention centre where she (a) whether Government have decided was held. The offer was declined, and to control the ferrous ar.d non-ferrous scrap Shrimati Malhi was returned to India on trade through tl.e Minerals and Metals 20th July, 1972. Trading Corporation; and

(b) if so, the sale nt features thereof? Government would have wished to see this case handled with greater humanity. THE MINISTER OF STATE IN THE MINISTRY OF STEFL AND MINES ~T~ ~ ~ff ute sr'IRIt>T'fit (SHRI SHAHNA WAZ KHAN) : (a) and '" ~ ~l~ ~~T (b). At present there is no statutory control on price or distribution of ferrous and non- ferrous scrap trade. At present, the import 2466- m~~~ of non- ferrous scrap is arranged through P..lf ~a- sr~ ~ ~1d Minerals & Metals Trading Corporation and the import of ferrous scrap is canalised

(b) These discussions are of a confi­ (») «wr *TT»rt ? dential nature and it would not be in public interest to disclose theircontemju f tfa i v v p m W OT-»nft («ft g fc i- * m v ) a/h (* ). *m ■ Opening of New Enfcosfttes mmn % v$ m e mr flwr-.t fiptffw 2469. SHRI D. P. JADEJA : SHRI VEKARIA : ^r«? S»wlf t i i m m iw H s # ( i M H| fe*fa ftsnft fur %w #«r % Win the Minister of EXTERNAL A FFAIRS be pleased to state: p i f w i R f j i j

THE MINISTER OF STATE IN THE Difficulties faced by Indians in MINISTRY OF STEEL AND MINES Cento*! A n tr im ' (SHRI SHAHNAWAZ ICHa N): (a) Yes, Sir. 2470. SHRI D. P, JADEJA: Will the Minister of EXTERNAL AFFAIRS be plea­ (b) 55 Tonne* per day expressed as 100% sed to state: Concentration Acid. (a) whetherGovernroent have received

todo-Polisbtallcs regarding I. C. C. (bj If so, the reaction of Government In Vktnm thereto m s . StlRJ C. R. CHANDRAPPAN: Witt theMmister of EXTERNAL AFFAIRS . / THE DEPUTY MINISTER IN THE be ptea^ed to slate: MINISTRY OF EXTERNAL AFFAJRS (SHRI SURENDRA PA t SINGH) :(») Mo,

(a) whether during Ms recent visit to. ■ . . Poland he had discussion with tht Polish le a d e w * ^ ftttute of Hie Interna- . : (W ttoM not Mhe. ! tk»al COctrol Cofnmission in Vietnam; and '

* * ? r/ ■ 2471. G. Y. KRISHNAN : Wilt the -THE BEfUTV MINISTER THE Minister of STBSL AND MINES fce j etted mamrvt » jaacaam. apfaims to sta te; •. 11$ Written Answer* AUGUST 17, i m W rittm Answer* 116

(a) whether the present steel distribu­ (b) if so, the subjects proposed to be tion polcy of Government is mot beneficial discussed in the summit and the name of to the small scale industries, and the country where the summit is likely to be held ? (b) if so, what steps Government have proposed to rectify the position ? THE DEPUTY MINISTER IN THE MINISTRY OF EXTERNAL AFFAIRS THE MINISTER OF STATE IN THE (SHRI SURENDRA PAL SINGH,; (a) Yes. MINISTRY OF STEEL AND MINES Sir, in 1973. (SHRI SHAHNAWAZ KHAN) (a) It i> not correct that the present steef distribu­ (b) The subjects to be discussed will be tion policy is not beneficial to the Small decided in consultations to bs held to prep* Scale Industries. are for the Summit meeting The Summit meeting is proposeJ to be held in Algiers. (b) Doe* not arise Casual Labourers In Public Undertakings Delay in completion of Sudamdih and Moindih Projects ol National 2474 SHRI HARI KISHORE SINGH Coal Development Corporation Will the Minister of LABOUR AND REHABILITATION be pleased to state: 2472. SHRI MUKHTIAR SINGH MALIK : Will the Minister of STEEL AND (a) the number of Casual Labour work­ MINES be pleased to state : ing at present in Government Undertakings,

(a) what her delay m the completion of (b) whethe there is any proposal under Sudamdih and Moindih projects of National consideration of Government to regularise Coal Development Corporation has been there services; reported; and (c) the number of casual labourers (b) if so, the reasons therefor ’ who* services have been regularised during the last one year, and THE MINISTER OF STATE IN THE MINISTRY OF STEEL AND MINES (d) the time by which the remaining (SHRl SHAHNAWAZ KHAN) (a) Yes. persons will be regularised ? Sir. (b) The mam reasons for the slew THE MINISTER OF LABOUR AND progress of the projects are the delay in REHABILITATION (SHRI R. K KHADIL- receipt of vital indigenous equipment by the KAR) (a) to (d) The information asked projects as well as a general shortage of for relates to both the Central and State Iron and Steel. Some imported equipment Government undertakings and is not readily was impounded by Pakistan during the 1965 available. war. Difficult Geological conditions inclu­ ding the presence of gas & under ground Import of Steel hot water have also been responsible for delay in the completion of Sudamdih project 2475. SHRl HARI KISHORE SINGH : Power supply has also been subject to heavy SHRI 1A0ANNATH MISHRA : interruptions. Will the Minister of STEEL AND Non-aligned Nations Conference MINES be pleased to state ; 4473. SHRl MUKHTIAR SINGH (a> whether Government have any MAUK : Will the Minister of EXTERNAL proposal under consideration to import AFFAIRS be pleased to ftate: steel from foreign countries;

whether there is a move to have (b) f if so, the quantity and value of $^ftSfened nations summit in the near steel likely to be imported during the year* 1072*73 and 1 II? WfUm A nsw m SRAVANA 26, 1894 (S4JCA) Wrjtm Answers 114

(e) the names of the countries from revised system of indenting and distri­ where the import wilt be made and for bution was notified on 7th April, 1971 whom the import will be made ? There is no proposal at present to revise it further. THE MINISTER OF STATE IN THE MINISTRY OF STEEL AND MINES (b) Dots not arise. (SHRI SHAHNAWAZ KHAN) : (a) to (c) Import of steel is made by the canalising (c) The Joint Plant Committee agencies/Actual Users/Registered Exporters regulates distribution of ail such materials or their nominees/Export Houses, Imports arising at the Plants through the Stockyards are being allowed m accordance with the of the Mam Producers. Import Policy for all categories, where the material is not adequately avaiW e Construction of Salem Steel Plant indigenously. The quantum of import depends upon the demand for steel, 2477 SHRI HARI KISHORE SINGH: indigenous availability of steel and the Will the Minister of STEEL AND MINES availability of foreign exchange No be pleased to state: precise estimate of quantity and value of the steel likely to be imported during 1972* (a) whether the construction work of 73 and 1973-74 can be given at present the Salem Steel Plant has been going accor­ However, it is anticipated that unports ding to the schedule; will be around 10 million tonnes in 1972-73 and less m 1973 74, (b) if not, the reasons thereof; and particularly if domestic production sJiows substantial increases in 1972-73. (c) the total amount spent so far on the construction of this plant and the time The countries from which steel is! mpor- by which it will start functioning and total ted depend upon the source of foreign amount likely to be invested in this project ? exchange and availability of right type of materia). Generally steel imports are fiom THE MINISTER OF STATF IN THE Japan, U.K., USA. USSR. Holland, MINISTRY OF STEEL AND MINES Poland, Yugoslavia, Chechoslovakia, (SHRI SHAHNAWAZ KHAN) : (a) Work Hungaty, Belgium, France. East and West of preliminary site preparation has already Germany commenced at Salem.

Change In the Procedure of indenting (b) Docs not arise. and Distribution of Iron and Steel (c) So far, approximately Rs. 70 lakhs have been spent on various activities inclu­ 2476. SHR! HARI KISHORE SINGH«ding expenditure towards land acquisition will the Minister of STEEL AND MINES It is expected that the Plant would be be pleased to state * commissioned by 1977-78 The total capital outlay, presently estimated by the Consul­ (a) whether Government propose to tants at about Rs. 340 crores, is under revise the system of indenting and distri­ exmi nation. bution of Iron and Steel in the country; Exploitation of Iron Ore o f MalangtoH (b) if so, the salient features thereof; and 2478. SHRI B ANA MALI PATNAIK: Will the Minister of STEEL AND MINES (c) the steps taken to regulate the be pleased to state: distribution and sale of defective cuttings, re-rottable and other scraps ? (а) whether any steps have been taken to step up the exploitation of iron ore it THE MINUTER OF STATE IN THE Mafenttoli; and MINISTRY OF SLEEL AND MINES

(»r) ft, nt v r H ’it 3W-3W v.;(j5liRl :8i f A l |^ ■: (a 1) ■■ and (b). ' y ' A Study Group has been constituted to consider, amoog others, the development of fWWf *Hf-. WW >WWW H raw.- iron ore deposits. Hie report of (*ftm£WTW*t) : (<*). *$ft the Study Group h awaited. i f a y m a % fttn w sRfarsr Svrvfey of Respirfttory Diseases among sftRr %ww i t atfW f % 0 m w w | » Coal Mtoerftln Dhaabad^lliaria Coal ' Field* (or) v h (n) sw*t *T^f ^ i 2479. SHRI BHOOENDRA JHA: SHRI SUKHDEO PRASAD m is wfiff ^ t o VERMA: 2481. «ftn*ro yn» : *ti Will the Minister of LABOUR AND fwm iftr jfjft if? sr?rr% yn REHABILITATION be pleased to state : #r*»r fo r:

(a) whether a survey conducted in the (*) tar f Sff WT «rT«rrft ewr »hc- Dhanbad-Jharia coalfields has revealed that x x m f t i f t ^ wiaf $ a majority of the coal miners develop respiratory diseases after working for cer­ 5WI -fr it SPTTfiT «trar tepft tain time; and («■)** *f % fwrsn msr (b) whether full report of the survey has $ Tfr afo since been received and what steps have been (»r) «n% vt «pr % f«& taken to ptotect the miners from such V? a r m % sun wfcrnft | ?

THE MINISTER OF LABUOR AND m u d lt* w * p |iww # fiw n**ft REHABILITATION (SHRI R. K. KHADIL- (^wifwramt): (an), fpns ICAR) : (a) and (b). A respiratory morbidity survey was undertaken jointly by the Rajen- vrcamTr <*'t ( * w wwr f*wriwftRr dra Memorial Research Institute of Medical Hrfft if ftwrf »rf | :— Sciences, Patna, and the Central Mining Research Station, Dhan bad, under the imr«j«r) — ...... >v guidance of Col. R. Viswanathan, Emeritus m * K ( (HI- Scientist, Vallabhbhai Patel Chest Institute, Delhi. The full report of the survey is not P r o f 25 ^ayatlable. f r tT t lo W f . s i 18 y fww W yin ■ finft «W 2480. «pr® ftift: wr •sfarw srnrw v,m ' JfHW *»«% TTCT ' 10 i j W f r . . . ■■ ■ s w r ' WWv* •; '<&t\ «ftss ■■:;■ T O T Wt JRPIR 20 .: ""■■ ''"’mi: ' "■> y„ ##wfNS % fo* £ - '* w p w 't; :L *

#■> * * * 1 1 ; R « l , " ; !'■ f'-.Vv mV : : ;;;.: ?■i ^ :> :■

w rt ^ . _ , tlW H iM I

fW l, AfyWW m t lWtt%.m- ’ETwTnT .. ^ j m f ■ aw f% 5>rf^T f * w * n > ■ 2482. «ft fWI W-* : ifWfif■■'i; :- mdij& 20.40 *rd* «tft pPr | f 1 t wt «r ^wfti v «ft «»i *$ 1 71-72 if *t irw wraw «pw sftw ■ f% :-. «wpft sftr sfiw t sw ot <$»* (*r) T w . ff5w-#wr vi rt | sftr w ven

t f tv i fsrfir&s % *j3 * r » tm r | f a t o u h 4tnntRnff # « m«* • fr m f aftr gpnw snraf % wrart «rt 2483. few WWW : -W anfta #r 5Wt vrofrSt iw i« tifhr «ct «rsft «r? «rcn% ^ jw b t o w m | irfit 3 = m grcwtsr « rc ft? : frorf, f»ri$c «fk TT3T%wr twnjr rrt- WPff *St WtfW 5WJI ww: % 84 (t ) ??t w w ^ ^ «^ra% wif

PrwJr sraf * fft «r%* *rrt*ff% ( w n w w v w w ; W ''SW.iwRf.'. * rs rjjrrt «ww »t arrater wtar, (<#> *n5wi« irt) : (v). «f 851 '; £ sft aBpjft w^rf m ft=n, f w «Airwr «rwf| ftnrSf ir i47

temporary employees have not been admit­ ted to provident Fund membership; 2484, «ft p « WOTW: vn (b) whether some high, official visited fw r the establishment personally, if so, on what wm. * , V:i t*Y whether approximately a sum of has not been mvesied in ■ '■ ■’ '■?_! ■' . .i1: Government: securilies by the : tfan. stated above, the questions do twit 125 Wrbrn Amswtrs SRAVANA 26, 4 8 9 4 IVrHm Answer* 126

Circulation of Senierty List to Coverages under Employees Provi- Officers and Staff to Employees dent Fund In Mysore Provident Fond Organi- 2488. SHRI MD. JAM1LURRAHMXN: sation Will the Minister of LABOUR AND REHABILITATION be pleased to state 2487. SHRT MD JAMIt URRAHMAN : whether large number of establishment m Wifi the Minister of LABOUR AND RFHABILITATION be pleased to state : Mysore have not been covered under the Employees Provident Fund from the dated they aie actually coverable but not the (a) whether the the Civil List (seniority list) hat not been circulated to the contrary, they have been covered from Gazetted Offi.ers, and staff of the Emplo­ much later date and the employers have yees;' Provident Fund Organisation for the gone scot free from the liability of the last several years, if so, when it was Provident Fund? circulated last and the reasons why it has not been circulated since then, THE MINISTER OF LABOUR AND RLHABtHTATION (SHRI R.K KHADIL­ (bj whether Departmental promo tees KA R). The Central Provident Fund Commi­ have not been placed as per ratio fixed \tz ssioner has reported that one case has come 50 per tent from Departmental and 50 per to his notice and that suitable instruc­ cent from direct recruitment through the tions have been issued to the Regional Union Public Scrvice Commission Commissioner, Mysore to ensure that the establishment is covered from the correct (c) whether there was no promotion date, retrospectively if necessary, in accor­ of Departmental candidates for seveial years dance with orders and instructions lssaed and d rect recruitment only took pace and on the subject instead of plac ing departmental promotees at the ratio of 50 per cent to 50 per cent Selection of candidates by Industries m senorry list, the Departmental p o- through D G. E. & T. motees have been placed quite at the Aptitude Tests bottom of the seniority list , and 24*9. SHRI J MATHA GOWDER: Will the Minister of LABOUR AMD (d) the steps being contemplated to REHABILITATION be pleased to state : set right the irregularity by properly placing the departmental candidates ’ (a) the de'ails of 12 industries that have so far used the Directorate General THE MINISTER OF LABOUR AND of Employment and Training Aptitude REHABILITATION (SHRI R K KHADIL* Tests for selection of Apprentices in thier ICAR) The Provident Fund authorities organisations, and have reported as under * (b) the Engineering industries and (a) No. During the last few years regions m which aptitude te»'mg programme several Seniority Lists pci taming to the has b en introduced for selecting suitable Gazetted Officers and staff were circulated. candidate apprentices under the Apprentices Act, 1961 ? (b) No. Departmental promotees have been placed as per ratio prescribed in the THE MINISTER OF LABOUR AND Recruitment Rules from the date of en­ REHABILITATION (SHRI R.K KHADIL*- forcement of the rotational principle. fCAR) (a). A statement is attached.

(c) Recruitment to various cadres is (b) Any Industry desirous of using being made from time to time, subject to Directorate General of Employment and availability of vacancies in the appropriate Training’s Aptitude tests for selection of quotas* in accordance with the provisions apprentices is free to avail of this facility of the Recruitment Rules. and as such the question of introduction of the programme In specific Industrie* and (45 0 p«*c0t arise. regions does not ar«*< tilt Written Answers »<1r' ,.v

'' 11 i ■ Bharat Earth Mown, Mysore. ;; eftaWsfcmcnts that have ^ l«r used Directorate General of Eroploy- 12. Anup Engineering Ltd./Ahamdabad. ment and Trainmg’s ’ Aptitude . Testsfor Selection ofApprcntices in their Organ!- Expertaassigoed to k c i ie T,

2490. SHRl J. MATHA GOWDER : Jr Iiidiim A irtto Corporation. Will the Minister of LABOUR AND RE­ HABILITATION be pleased to state : 2. Ashok Leyfand, Madras. (a) the nationality of the three Experts r i. The Premier Automobiles Ltd., assigned to D.G.E* & T. In the field of Bombay. Employment Market Information, Manpower Assessment and Planning and Vocational . Productivity Council, Madras. 4 Guidance; 5. Kirkwkar Electric Co., Bangalore. (b) since when they arc in their posts; 6. ’Delhi Goth Mills, Delhi. and

7. Ahamdabad Electricity Limited. (c) how far their expertise has helped Ahamdabad. the Government in the above-mentioned three fields ? t. Mysore Kirlosakar, Mysore. THE MINISTER OF LABOUR AND 9. Hindustan Aeronautics Ltd , REHABILITATION (SHRl R.K. KHAD1L- Lucknow. KAR) (a) and (b) :

Field Nationality Date from which of Expert. assigned and period. (|| Employment Market Australian From 1.4.1971 for Information. 12 months. (Mi Manpower Assessment American From 13.7*1971 for and Planning. 12 months. (iii) Vocational American From 26.7.1971 from Guidance. 18 months.

ifte International Labour Organisation and M :^(ie^ier:. Hie tatget of prodwetiem the auggestions made therein have been exa­ mined. th e third expert has yet to complete run down during current 3*ear , as cqmpa&ed hwsjudy and investigations of tfc . . . set tip jmd the problems inthe field Vocational Guidance. gv tt») r-y-V;’ ||9 m m 4 m m SRAVANA 4*94 (SAXA) fprU m 4n*w*r9 130

THE MINISTER OF STATE IN THE to normalise relations between the two MINISTRY OF STEEL AND MINES (SHRI countries ? SHAHNAWAZ KHAN) : (*) The target* «>f production in ropcct of the public sector THE DEPUTY MINISTER IN TUB steel plants at Bhilai, Durgapur and Rourkela MINISTRY OF EXTERNAL AFFAIRS under Hindustan Steel Limited for the years (SHRI SURINDRA PAL SINGH): (a) No, 1^71 and 1972*73 are indicated below : Sir.

(In 000 * tonnes) (b) Does not arise.

Target for Target fbr Biaefciaarlceting In distribution 1971-72 1972-7* of Steel to States Steel Saleable Steel Saleable Ingots Steel Ingot Steel 2493. SHRI ARVIND NETAM : Will the Minister of STEEL AND MINES be Bhilai pleased to state : Steel Plant 2200 1720 2250 1790 (a) whether Government of India are aware of the fact that blackmarketing is Durgapur still going on m the distribution of steel in Steel various states; and Plant 1150 877 1000 722 Rourkela (b) if so, what measures Goverment Steel propose to take to check the blackmarketing? Plant 1400 999 1250 890 THE MINISTER OF STATE IN THE It will be noticed that while the targets MINISTRY OF STEEL AND MINES(SHRI of production in the case of Bhilai Sicet SHAHNAWAZ KHAN) : (a) There is no Plant for 1972-73 are higher than those in statutory control on any item of iron and 1971-72, they are lower in the case of the steel. However, some reports have been recei. other two Plants. ved by the Government about steel material alloted to the actual users and consumers

, (b)«btlharIter* bm y indication that W a it e IliqiiMr oT$t0?LA*fDMIMES ttfltt would M» <»M totwwm ImUq «ndOitq« b« ptnaei to : ta)whether Government propose to set (b) if so, the reasonj thereof ? up some iwore Steel Plants In thecountry Jur;ng the fifth Five Year Plan period; THE MINISTER OF STATE IN THE and ; V”'/;.' ■, MINISTRY OF STEEL AND MINES (SHRI SHAHNAWAZ KHAN): (a) MAMC (b) if so, whether Government purpose went into production in 1964-65, andi it has to set up a steel plant in Madhya Pradesh been incurring losses since then. Till the end of 1971-72, the cumulative loss incu­ rred by the Company amounted to Rs. 36. THE MINISTER OF STATE IN THE 42 crores, MINISTRY OF STEEL AND MINES (SHRI SHAHNAWAZ KHAN): (a) and (b) The reasons -why MAMC has been

24%. SHRI P.A. SAMINATHAN : (iii) heavy burden of interest on loans Will the Minister of LABOUR AND taken from Government to meet REHABILITATION be pleased to state : cash losses; and

(a) whether the revised scheme for the (iv) slow build up of production due to pait-time training programme of the exis­ labour problems and mangerial ting workers for upgrading and updating deficiencies. their practical skill as well as knowledge is being implemented on a country-wide basis through Industrial Training Institutes as Realisation of arrears from Pakistan recommended by the National Council for Training in Vocational Trades in November, 2498. SHRI RAM PRAKASH : Will 1971; and Minister of EXTERNAL AFFAIRS be plea­ sed to state; (b) if not, the reasons for the delay ? (a) the particulars of amount which THB MINISTER OF LABOUR AND Pakistan owes to India; and REHABILITATION (SHRI R. K. KHADIL- KAR ) : fa) and (b) State Government have (b) the steps proposed to be taken to been requested in April, 1972 to realise this amount ? takenecessary steps for the implementation o f therevised Scheme. THE DEPUTY MINISTER IN THE MINISTRY OF EXTERNAL AFFAIRS Louts to Mining and Allfed Machinery (SHRI SURENDRA PAL SINGH) : (* )th e Corporation exact amount Of Pakistan's debt On aocouat of partition and other items has been the SHRf JfcAM PRAKASH : Will the •abject of prolonged ne«oti«tion> with ^inM er of m B L AND MINES be pleased Mitten.:No«gre«d wttJenMDt tuu,■ ho*-' 'to'-i" ever, been? readied*

Mining and ^ m The matter . will amtkm. to nery Corporation heavy fosses; and r . : -W. m Written Ansvmrs SRAVANA *$94 USX**) Written Answert 134

■::’'; provision. of Jobs t* Worker*■ Un- ■ Minister, as also through other channels, ■■ ■' employed due (« Power Criais' her appreciation of the resuJ ts achieved, and ■■' la Gujarat of the efforts made by India towards the establishment of peaceful relations with 2499. SHRI PRABHUDAS PATEL Pakistan. ■ . Wilt the Minister of LABOUR AND REHABILITATION be pleased to state: Demands of Workers of Indian Iron and Steel Co. taken over by (a) whether all the workers in Gujarat Government who had been rendered job-less during the power crisis which had forced so many 2501. SHRI PRIYA RANJAN DAS mills to close dowo have been provided MUNSI : with jobs; SHRI INDRAJIT GUPTA :

(b) if not, how many labourers are Will the Minister of STEEL AMD still there who have not been provided with MINES be pleased to state ; employment; (a) whether workers of the Indian Iron (c) how many mills are still closed; and and Steel Company have placed any demands (d) the steps the Union Ministry is taking before Government after it was taken over to absorb all the retrenched labourers ? by Government;

THE MINISTER OF LABOUR AND (b) if so, the main features thereof; and REHABILITATION (SHRI R. K. KHADIL- (c) the action taken by Government in KAR) : (a) to (b)The matter falls essentially the matter ? in the State spheie. THE MINISTER OF STATE IN THE Communications from African MINISTRY OF STEEL AND MINES Countries and Egypt rt: (SHRI SHAHNAWAZ KHAN) (a) Indo-Pak Summit No, Sir.

2500. SHRI PRIYA RANJAN DAS (b) and (c) Do not arise. MUNSt : SHRI M. C. DAGA : Compensation to Morena Panjreh Coal Fields

Wiil the Minister of EXTERNAL AFFAIRS 2502. SHRI RANABAHAJDUR SINGH : be pleased to state : Will the Minister of STEEL AND MINES be pleased to state : (a) whether the African countries in general and Egypt in particular, have commu­ (a) whether a number of cases of pay- nicated their feelings to Government after ment of compensation are still pending in Indo-Pak Summit in Simla; and regard to Morena Panjreh Coa! fields; and

(b) if so, the nature thereof ? (b) if so, the reasons thereof and the steps Government propose to take to expedite THE DEPUTY MINISTER IN THE payment of compensation ? MINISTRY OF EXTERNAL AFFAIRS (SHRI SURENDRA PAL SINGH) (a) Yes, THE MINISTER OF /STATE; IN THE Sir. MINISTRY OF STEEL AND MINESfSHRI SHAHNAWAZ KHAN).

tenants except three executed sate deeds and .t h e ' M jw isnw . payments were made to them. Out 0f the three remaining tenants, t*o have now SHAH NAWAZ CHAN> (a)an d (b ): Sys­ jf^fttlshe^ mutation orders and steps are tematic geological mapping over an area of heingtaken to make payments to these two 250 sq. km has been carried out in Sidhi tenants. Paymem to the third tenant would district during 1968-69. Systematic mapping be made ** soon as muta tion papers are will be continued m Sidhi and also in tceived fiom him .;; Sarguja districts during the field season 1972-73 with ft view to study the Bijawars CcxU Depoalts te Madhya Pradesh with special reference to base metal minerali­ sation along the Son Narmada linement. Preliminary surveys for siUimanite carried 2503. SHRI RANABAHADUR SINGH:out near Pipra have not revealed encourag­ Will the Minister of STEEL AND MINES ing results. The bauxite occurrences from to state : Sarguja district viz, at farangpai, Sitonga, Jairampat areas etc. were examined in (969- (a) the ratio of Coal recently discovered 70. Inferred reserves of about 4.5 mill ion in the Deori Ujjain region of Sidhi Distict tonnes have been estimated. Further investi­ in Madhya Pradesh and how its quality gation by pitting is in progress and drilling compares with coal found in Morena and in the area will also be taken up. Mahadaiya coal fields: and Geological mapping is expected to be (b) the extent of this new’y discovered completed by 1976-77. The mineral investi­ deposit ? gation is a long range programme and is expected to continue even in the Fifth Five THE MINISTER OF STATE IN THE Year Plan, MINISTRY OF STEEL AND MINES (SHRI SHAHNAWAZ KHAN) : (a) As a Exploitlon of Sulphur Rich Coal fa Assam m u lt of investigations carried out by the Geological Survey of India, 26.64 million 2505. SHRI S. C. SAMANTA : Will tonnes of coal has been estimated in Deori- the Minister of STEEL AND MINES be Ujjaini region of Sidhi district, Madhya pleased to state : Pradesh. The coal i« of inferior Class III category. The quality of coal in Morwa and (a) whether Government have prep­ Mahadaiya region is Class 11 to Class HI ared any plan for the commercial exploit­ aftdis thus slightly better than in Deori ation of sulphur-rich coal of Upper Assam; Ujjaini region. Coal seam being mind m and Morwa*Mahadaiya region is the Turra scam with thickness of 6 to 7 metres. (b) whether Government propose to assist pilot plant level fesibility studies of (b) Deori Ujjaini deposit has an arial converting this coal into synthetic erode 1 extent of 10 sq. kilometres. THE MINISTER OF STATE IN THE Geologfcal Survey of Madhya Pradesb MINISTRY OF STEEL AND MINES (SHRI SHAHNAWAZ KHAN) (a) The k 2504. SHR! RANA BAHADUR SINGH Council of Scientific and lndustrial Resea­ :;',^siv--the. Minister of ste e l a n d m in e s rch have proposed the setting up of * [ to: 'state pilot plant at the Centra* Fuel Research Institute at Jealgora to test the feasibility State of progress in carry- of coal to oil conversion technology bn ji^ out a detaited geological survey of Sidhi ' which they have already beett cotiducting ia Madhya Pradesh; ■ researches for sometime, A -'7

\ ‘ fs under.cfehsideratioft (b) the broad findings of the present ■■■■ ^ rvey and how long It wQl take to complete ttttvey ? -:-'^r''i'''4Q|it0il^ ^ .Xijh^ipNQ^SipE'- ,-t '■’■• • ■ ■ ceiit-per cent indtgeaoussoppttes;

.■'V'* 2 lfe iSHRJ S. ;;.C.;: S A M ^T A ;';j:'^ it[ ($ tie effort being made in this the Mitkister of 3UWLY ^ Wctsed ; t 0 direction; and ;':-v state ; ■ ■. (d) the reasons for the delay ? (a) the percentage of various supplier under the Ministry which are still being THE MINISTER OF SUPPLY {SHRI imported and their value ill terms of D. R. CHAVAN) (a) the value of the Indian rupee including freight and customs total purchases, the value o f, the imported duty, if any; * stores and the percentage the imported stores constitute of the total purchases (b) the time by which the Ministry made during the last three financial years thinks they shall be able to switch over to areas under:—

Value of total Value of imported Percentage the imported Year Purchases stores stores constitute of the (in RjS. crores) (in Rs. crores) total purchases made

1969-70 691.67 267.88 38.34% 1970-71 745.73 227.43 30.50% 1971*72 (Provisional) 1006.58 253.81 25,22%

(b) It is not possible to say when cent- («r) ft, «ft !3«^ fw per-cent switch over tn indigenous supplies WT f ? can be achieved.

(c) Although this Department is not V<*IUI iftt W l «WI«ra i TBW lft directly concerned with the question of («ft SfTJWTW sftt (w ). WWRR import substitution, yet all efforts ere

being made to locate indigenous sources *rfWstw swrcr ff«rr Ttfftfr nfW t, Of supply jfor stores which were hitherto stPw, 4*pftw wfoir wfic being impoted. «TO*T vifn*n w T«X* CJV q w F W ^ w n t (d) Does not arise in view of the 5rt% % m m x % fw % | I replies gives to parts (b) and (c) of the Question. | Wifi UK IWw lw n f w? _ft-'— ■ V*?* - ?-■ ■ ■■■ A...... -J wHT* ^l(W '8TTT 3»r*T¥$ 1ST #■ wwt v i m

2 & 7 ^ W W : i v r w c & tt % t i r i t VWFI^ SWHW • •■pp: ■ «if ir;' h f l l f t t W IPhT fWT wi ■' Hi w n * <#1; -fir: - ■■ ; W nt WtfiTTv if.#-ff. TOfR ffWm w j m w ■ .v Im^S^ v ' '''' ' i ^ w(l ■ wW *| ^ ■ .' Wf‘- ®lff 1 '^SiTfWr v Sllnf WVW5i■feiL kiiV'JlV'- ^ 1,1 1 VS^JWWTT -'Vfiirr •' ^PTT5f m w ^Kvf 'flw 9|C ff:; m+toti**' 'AilLi '.'"*-sa

W) !w 8TW WFitT ;^iiWi*^r.- :%'<-^r-:- ♦■ .# ff#' .»-^- .. ■-■■■.. ■ *».'. . jfi; .._jp»..- -,«« ■ ^ ^ i f y i u | vmf % *m-sw « n r w W * i w n rfN*ff T^rv wnrnn «i ?nr swfer w w? wsr srmTm, stator wrrcr srfirWk?«f fiwr ir b m ? *#* » {! t v rw * i*r Ir * n «rft w fr -jyrroraftiff % *nr«ro wrfar «w «frt vnrfw iW> («ft wtto %» ^ r % fcsnrro ^ f t » unfnm ): (*). «mr^«wim1f% m wrft *t sf m ^€frfas %*£ftvR «m srfeftrfWlr r a % tnwix ft w riift* - f*n?ret sto v r v n ark *r*r & * * srr*rar «d « tw r f® stscrcf 3r

^%«cfinrncSf t o w jftjm Tt f^5«TPT ir^hnfffew Rto ftrwrft t vnrfftwa rai 1 1 TOT 4$ lln I ; «ini *ft*n fjjgffter hjtstt fsrwir (f wnffhr sfsr wwrft «f«r % w n ?«r ifiram %

WK fef) : (*). S3 5W HfW S (*) wi %^«r awn «m *0* 14,500 % tnrsta m% f*rftwt % r r 7iw t,sni3te ^fewi wralr <« 'ft# vt 4* Ttspfr ***r 1 1

(w) tft 5t 1 (a) trf? ff, n ' w 1970 n«n t o ; (v) w*fa *r loro wftw % f* 1971 Sf « r ftrfs^ fii wsrow m srft^ wmto ww

Indust rial Strikes In t t f M t (b) the number of workers involved .therein? 2512, SHRI SUKHDEO PRASAD VERMA: Will the Minister of LABOUR TOE MINISTER OF LABOUR AND AND REHABILITATION be pleased to REHABILITATION (SHRI R,K. KHADIL- state: KAR). (a) and (b) : The attached statement gives the available provisional information regarding the total number of strikes in the (a) the total number of Industrial strikes country, State-wise, and the number of in the country, State-wise, during the year workers involved in these strikes during 1971.72; and January, 1971 to June, 1972.

Statement

Provisional information regarding the number of strikes in the country, state-wise, during January 1971 to June 1972 and the number of workers involved in these strikes .

State/Union Number of strikes Number of workers Territory involved.

1 2 3

1. Andhra Pradesh 141 74369

2. Assam 27 23853 3, Bihar 272 D173J

4. Gujarat 172 41662

5. Haryana 54 1240?

6. Himachal Pradesh 3 «7W

7. Jammu & Kashmit 1 IS

8, Kerala 302 3K 0‘>

9, Madhya Pradesh 207 118721

iO. Maharashtra 982 9623001

11. Manipur Nil m . 125 ■' 12. Mysore 4 8 9 0 1 13. Orissa 21 I79if

14. Punjab ■■ 21 32951 . ;

15.R^asthan 91

299 ; ■MW* '■■/■■ .fFWWSHf; wWWWflP ■.

"I':'. 3

IB, .Uttar ;ltode*iif' 220 722*0 .336 256753

. 20.; Andaman A Nkcb&r Island* 5 1257

;#V; C^i^igarh 3 499

22. Delhi ** 25699 23. Goa, Daman and Diu 23 9203 24. Pondicherry I 650

Automation Committee Report KAR). (a) to .(c): The matter falls in the State sphere. 2513. SHRT SUKHDEO PRASAD VERMA SHRI BHOGENDRA JHA Supply of Food to Baogla Dealt

Will the Minister of LABOUR AND 2515. SHR! C.K. JAFFER SHARIEF : REHABILITATION be pleased to state : Will the Minister of EXTERNAL AFFAIRS be pleased to state : (a) whether the Automation Committee has since submitted its report; and (a) the total quantity of wheat supplied to the Government of Bangladesh af er the (b) so, its main recomendations ? recent Indo-Pak War;

THE MINISTER OF LABOUR AND (b) the terms and conditions of the REHABILITATION (SHRI R K. KHADIL- supplies made; and (a) Yes. (c) the quantity of other foodgrains (ft) Copies of the Report have been supplied to Bangladesh by our Government siippllift to the Parliament Library. since May, 1971 and the cost and the terms and conditions of such supplies 7 Notice by H A L. Trade Unions THE DEPUTY MINISTER IN TOE 2514. SHRI M. S. SIVASAMY : Will MINISTRY OF EXTERNAL AFFAIRS the Minister of LABOUR AND REHABI­ (SHRI SURENDRA PAL SINGH): (a) and LITATION be pleased to state : (b ): 6,50*000 tonnes of wheat have already been delivered to Bargladesh as a grant. An (a) whether the representatives of all additional quantity of 50,000 tonnes of the recognised Trade Unions of HAL comp­ wheat is being supplied at the instance of lex in the country gave strike notice to the UNROD on payment by them in due course. managements during the month of July; Delivery of these additional supplies If ckjt pected to be completed by 25th August, 1972. (b) whether' the talks between the workers and the management had failed; (c) 1,00.000 tonn$s of rice valued at approximately R$. fi.24 crores (c) Jfso* tfcfc nature cf the talks held supplied on a grant basis. Furthermore ■ :;by:. .Government in gifts of 'jficie i-ttttttaafit ■ * m meant for g«s in India are being diverted to Bangla- . , THE MINISTER OF LABOUR AND 4«*h *nd imne* havte i ^ id y ii$HABILlTAT10N(SHRI R.K, # j ^ H ^ ...... ; '■ _ j>«■v r-;-.v.j.'V'I: ^ ..... 1'...... ■' H i Written 4nsw*rt SRAVANA 26, 1894 ($AKA) Written Answers 146

Iodo-SoWet Joint Commission been published and In what regional languages ? 2516 SHRI C K. JAFFER SHARTEF : W 11 the Minister of EX TtRN A t AFFAIRS THE MINISTER OF LABOUR AND be pleased to state : REHABILITATION (SHRI R K, KHADIL* ICAR); (a) Yes, by some of the States, (a) the terms of reference Of ihe propo­ (b) sed Indo-Soviet Joint Commission; and Regional language No. of Publi­

(b) The Commission will be established Punjabi ... 16 when the ftgieement is finalised (being published) Stringent measures for Implementation of Coal Wage Board Recommendations In addition, the Stages of West Bengal, Ass im and Orissa have also taken up the 2517 SHRI C K JAFFER SHARI EF * translation of these publications into Bengali, Will the Minister of LABOUR AND REHA­ Assamese and Oriya respectively. BILITATION be pleased to state : Most of the pamphlets in the ‘Guide to (a) whether Government have decided to Career*’ series have a^o been pubhsed in take drastic measures against the coa! mine Hindi by the Drettorate General of Employ­ owners who ha^e failed to implement the ment and Training. payment of <*age board sca'e, and

(b) if so, the measures decided to be Study tours, fellowships and vocational taken ? training by officials abroad

THE MINISTER OF LABOUR \N D 2519. SHRI T. S. LAKSHMANAN : W U REHABILITATION VSHRI R K KHADIL- the Minister of LABOUR AND REHA­ KAR) : (a) an i (b) Yes, Government are BILITATION be pleased to state : considering proposals to secure imp'ementa- tion Of the recommendations. (a) the name, designation and location of two State Government officials who went on a studv tour to the U S.A. sponsored by Publishing of pamphlets In “Guide to Careers** the USAID; scries In Regional Languages (b) the name, designation and locatioo 25J8. SHRI T S LAKSHMANAN : Will of four Training Officers of C T Is. whn the Minister of LABOUR AND REHA­ availed of the fellowships under the Labo ir BILITATION be pleased to state : M ms try’s training Programme in the USA for six months; (a) Whether tfe pamphlets in the “Guides to Caret**” series are bring published (c) the name, destgtia # n And location of in the regional languages of the country; two officers who were deputed abroad on and fellowships for a perlctt of three months * under the Project for National Apprentice- {by if to, horn many pubtsfcaiioos June ship; atfd m m * *****

;j; (d)the name , designation andlocation ," Officer, Dircctora te Gtsnerafof Era-: of the State Co* eminent rfficer and also p'oyment and Training/New Delhi. that of the two Officers of D.G.E. & T. who were deputed to Japan under Colombo Plan 3. Shri SAJKelfcar, Senior Instructor, to reccivc vocational traio'ing ? Central Trainng Institute for Instructors, Bombay. ^ LABOUR AND REHABILITATION

Statement 2520. SHRI T. S. LAKSHMANAN : Will the Minister of LABOUR AND REHABI­ Information relating to the years 1971 LITATION be pleased to state : and 1972 is as follows (a) the names and designation of the (a) 1. Shri B.B. Patra, Deputy Director officers whose services were placed at the of Industries, Government of Orissa disposal of the I. L. O. Expert Manpower Cuttack. Planning and l.L.O. High Level Inter Agency Employment Mission in Iran to render 2. Shri R.P. Sen Gi pta, Director of technical assistance; Industries, Government of Tripura, r Agartala, (b) the name and designations of the senior Officers deputed to Singapore under (b) I, Shri K.E. Balakrishnan, Training the Colombo Plan and the Five Junior Officer* Central Training Institute Officers deputed to Malays:a to render tech­ for Instructors, Madras. nical assistance; and

2. Shri P. D. Choudhuri, Training (c) the names and designations of officers Officer, Central Training Institute who attended the Regional Seminar in for Instructors, Madras. Bangkok in January, 1971 the seminar in Berlin on the 18th March, 1971 and the 4th 3. Shri K.S» Arora, Training Officer, Colloqu;um on Technical Education and Central Training Institute for Training in Manila ? Instructors. Kanpur. THE MINISTER OF LABOUR AND 4 Shri H.N. Ahuja, Training Officer, REHABILITATION (SHRI R.K KHADIL- Central Training Institute for KAR): (a) (i) Shri K.B. Sharma, Director ol Instructors, Ludhiana. Employment Exchanges, Directo­ rate General of Employment

-V- R*irakf«hm r, Training ...... ' " >49 WrMn Aimnri SRAVANA 2*. 1*94 (SAKA) (ftHun Aiuweri HO

Shri S C P»ul, Junior inttructor, Central Trtiaiog Institute for Instructors, Calcutta. Shri D. Thomas Sellaraj, Senior Master. Central Training Institute for Instructors, Hyderabad. Shri K. Vasudcvan N»‘r, Supervisory Instructor, Deputed to Malaysia Government of Ketala, Trivandrum. under the Indian Technical and Econo­ Shri D. N. Chakravarty, Supervisor Instructor, mic Cooperation Industrial Training I stitutc (Delhi Administration) Programme. Pusa, New Delhi. Shri H D. Manocha, Supervisor Instructor, Industrial Training Institute (Delhi Administration, Shahadara, Delhi.

( c ) : Regional Seminar in Bangkong if January, Shrt Ishwar Chandra, Director 1971. General of Emp'oyment and Training and Joint Secretary Seminar in Berlin in March, 1971. to the Government of India.

4th Colloquium on Technical Education Col. S G. Pendse, Director of and Training in Manila in March, Training, Directorate General 1971. of Employment and Training, Ne* Delhi

Address by Secretary, Minlstrv of External The Foreign Secretary had replied that the Affairs regarding Simla Agreement Simla Agreement was a so’emn agreement signed by the Heads of t\io sovereign 2521. SHRI SAMAR GUHA : Will the governments and not by two individuals. Minister of EXTERNAL AFFAIRS be He had also stated that the success of the pleased to state : Agreement would depend upon the spirit and the manner in which the provisions of (a) whether the Secretary of the it we^e implemented and that Pakistan Ministry of External Affairs recently should be judged by her deeds rather than addressed a public gathering at the India by the utterances in the Pakistan National International Centre on Simla Agreement; Assembly. This is also the official view of the Government. (b) whether in that meeting he said Chat whit leaders of Pakistan said were not (d) Yes, Sir. important but what they did were of con* cern for us, Deposits of Bauxite Ores In Chbotanagpur

(c) whether this is the official view of 2523. KUMARI KAMLA KUMARI : Government; and Will the Minister of STEEL AND MINES be pleased to state : (d) whether the Secretary of the Minis* try of External Affairs had been given (a) whether deposits of bauxite ores permission to address a public gathering 1 are available in heavy quantity in Chhota- nagpur; and THE DEPUTY MINISTER IN THE MINISTRY OF EXTERNAL AFFAIRS (b) if so, whether survey report of the (SHRI SURENDRA M L SINGH) : (a) Chhotanagpur regarding bauxite ores will Yes, Sir. be laid on the Table of the House f (b) an4 (c)> Foreign Secretary was THE MINISTER OF STATE IN THE aiiked whether Bhutto’s words MINISTRY OF ST££t AND MINES jm M bo ittlied upon and whether be would (SHRI SHAHNAWAZ KHAN): (4) *nd (b). ftMibfcUy fefcpScmetft the Simla Agreement. Large deposits of bauxite are available ii 1 151 Written Answers AUGUST 17, 197Z Written Armms 152

Rancht and Palamau districts of Chlnta- (b) the total number of unemployed n&gpur Division of Bihar, Tho Geological persons registered with the employment Survey of India had carried out a prelimi­ exchanges ? nary assessment of the Bauxite deposits of Chhotanagpur area of Bihir in 1943-47 aid THE MINISTER OF LABOUR AND results of survey have been published in REHABILITATION (SHRI R. K. KHADIL- GSt Memoir Volume No B3 (1958) and m KAR): (a) The available information is GSI Bulletin No 25(1965), The detailed given in the statement attached. exploration of bauxite deposits have been taken up tn three deposits in Ranchi (b) Th* number of job seekers (not all district since 19 9 and a preliminary survey necessarily unemployed) on the live register in the iamirapat area rn South Western of the Employment Exchanges in Bihar as part of Palamau district. The work ts in on 30th June 1972 was 5,46*033. progress and reports will be prepared after exploration is completed. Statement (a) According to the information Violation of Provident Fund rale by bis oollected through the Emp'oyment Market Business Houses Information programme of the Directorate 2524. KUMARI K\MLA KUMARI .General of Employment and Training the Will the Minister of LABOUR AND RE­ number of persons employed in Government HABILITATION be pleased to state : service and semt-Go\ eminent Service (Central and State) in Bihar was as under . (a) whether Go\ernment propose to appoint a Committee of Members of Parlia­ Sector Number of persons ment to examine all the concerns of Sahu employed Jam, Tata, Btrla Industries and all concerns (in thousands) of 20 Big Business Houses to see whether they have not violated the Rules of Provi­ as on 31st D&ccmbci dent Fund, and 1971 (P)

(b) if not, the reasons therefor ’ Central Government 191 7

THE MINISTER OF LABOUR AND State Government 266.9 REHABILITATION (SHRI R K KHADIL- KAR): (a) The Provident Fund Authori­ Quasi Government* 245 3 ties have reported that there is no such proposal under consideration Local Bodies 154,4 (b) No circumstances justifying consti­ tution Of« Committee have been brought to the notice of Provident Fund Avthori Total : 858.3 tttf. Employment and Unemployment in Bihar Hostels for Central and Regional Labour Institutes 2525. KUMARI KAMLA KUMARI: Will the Minister of LABOUR AND RE­ 2526. SHRI BANAMALI PATNA!K : HABILITATION be pleased to state : Will the Minister of LABOUR AND EHABIL1TATION be pleased to state : (») the total working population of (a) whether Hostels were constructed Bihar Who m either in Government service for the Central and Regional Labour Insti­ and serai-Govcmroent Service under Central tutes at Bombay, Calcutta, Madras and and, ■ &*te...... Governments;...... and ...... Kanpur under v«iy ambitious plan projects; T Provisional. ------*------* 'Qmsi-Government establishments comprise both Centr>K,u*ii >Bt) S ttte-Q sol SRAVANA 26,1894(£*J&4) Written Answers 154

(b) whe ther these hostels arc hardly THE MTNISTER OF LABOUR AND being used for want ofanyregular planned REHABILITATION (SHRI R .K . KHADlL* l^b|rajtii»ie for training if so, Whether imy ICAR) : (a) to (c). Hostels for the Central steps havc been taken to fix any responsi* Labour institute, Bombay and the three biiity for incurring such unnecessary and Regional Labour Institutes at Calcutta, infructuous expenditure; Madras and Kanpur have been constructed under Plan schemes to provide residential ■■(c) whether there are any plans under facilities to the participants of training wh ch either these hostels are fully used and programmes, seminars, conferences, etc. put to profitable plans or simply sold to being organised by these institU e*. These public to fetch market prices; and hostels are being utilised by the participants of training programmes, etc. and efforts are being made to arrange more residential (d) the total expenditure incurred so programmes to ensure better utilisation of far for construction, ma;ntenance and other the hostels. As such the questions of fixing equipments and the amount so far recovered responsibilities for incurring expendituie as rents ? on their construction or their being sold to public do not arise at present. (d) Construction Cost of Rent realised Cost Furnishing (up-to-date)

(i) Hostel attached 5,35,000 1,18,000 6,191 (From to the Central (Upto March 1972 Labour June 1972) to date). Institute, Bombay.

(ii) Hostel attached 5.00,000 39,000 Rs.1532 to the Regional (appx.) Labour Institute, Calcutta.

(iii) Hostel attached 5,00,000 46,500 30,287 to the Regional (appx.) Labour Institute, Madras.

(iv) Hostel attached 5,00,000 26,000 Rs 2400 to the Regional (appx.) Labour Institute, Kanpur.

Trained Central Industrial Relations (b) whether a large number of C.I.R. MacfahwryOfftcers on deputation M. Officers have Had the privilege of under* going various trainings inside the country as well as abroad; 2527. SHRI BANAMALI PATNAIK: Will the Minister of LABOUR AND R E H A ^IW be pleased to state: (c) Whether a number o f such trained as well as untrained officers have gone on deputations, if sb, tha number of persons ' '■ '^n§- teen manifold bn deputation and the extent to wtifch it is of thelndustrial advisable <0 #«eh deputations beyontj Edition* Machinery during the ,la$t/ten ten ^'^cent^of:^' :|J0»fe;,:afi!d'V"■!.:r^ ^ ^VyV:■ ' 155 ■: 'WWM'AWW*.... Vf,:W2,

(b) The-pfaciice^. ;td;,..t*;iV.(#)': takentoeasure that servfees of such officers above would strictly not be applicable ;wrir:-Ifcy;. . I.-'.-it. M. to the Officers posted in Chief Labour Commissioner’* Headquarters Office, THE MINISTER OF LABOUR AW Delhi;. !RBj^^LTTATiCW /SHRI R. K KHADJL- (c) Two, Both these officers are posted KAR) *(*) Consistent with the increase in in Chief Labour Commissioner's Head­ work load there has been expansion in the quarters Office. strength of Central Industrial Relations Machinery during the last ten years; Appointments and promotions In Ministry ot Labour and Rehabilitation in (b) Officers of Central Industrial Rela­ public interest tions Machinery along with other officers are considered and deputed for training both 2529. SHRI BANAMALI PATNA IK : Inside and also outside the country, as and Will the Minister of LABOUR AND RE­ when necessary. HABILITATION be pleased to state :

(c) and (d) . Twentyone Central Indus­ (a) whether a number of ad hoc trial Relations Machinery Officers constitu­ appointments and promotions have been ting 1024% of the cadre strength of the nmde in various offices und-r the Ministry Central Industrial Relations Machinery are to meet the public Interest and by passing on deputation to ex-cadre posts under rhe the normal rules of appointments and pro­ Government or Public Sector Undertakings. motions; and The services of the Central Industrial Relations Machinery Officers are properly (b) the positive steps being taken to utilised. reduce such cases of ad hoc appointments and promotions and thus to reduce dis­ contentment among the staff so adversely Transfers in Central Industrial Relations affected ? Machinery THE MINISTER OF LABOUR AND 25*8. SHRI BANAMAU PATNA IK : REHABILITATION (SHRI R.K. KHADIL- Will the Minister of LABOUR AND RE­ KAR) ; (a) and (b). The required infor­ HABILITATION be pleased io state : mation for the period from 1,7.71 to 30.6,72 is being collected and will be laid on the (a) whether Officers of the Central Table of Sabha in due course. Industrial Relations Machinery are generally posted at one place for a definite term of Merger of Research Units In Department three years; of Labour and Employment (b) whether there is no uniformity in 2530. SHRI P. VENKTASUBB AIAH : this regard and a number of Officers are Will the Minister of LABOUR AND RE­ posted in Delhi for more than three to five years; and HABILITATION be pleased to state : (a) whether the Department of Labour (c) the number of Officers who have and Employment and its various Attached not so far been poited outside Delhi even and Subordinate Offices have established '•'.for.i' short spell of three years and the Research Units, if so* the purpose of the .«u*ufe that there is some Labour Bureau; v uniformity at all levels for some time ? (b) whether the detirabiHty o f mergin* MINSTER OF LABOUR AND various research units to coordinate their REHABILITATION (SHRI R.K. KHADIL* activities andreduce overfappfa*set*d ditptt* KAR) : (a) The field officers of the Cent rat catiottr' ^ .. Industrial Relations Machinery are nor­ mally kept at one place for aboutthree

THE MINISTER OF LABOUR AND Indian Institute of Labour Studies REHABILITATION (SHRI R.IC. KHXDIL- KAR): (a) to (c), The Labour Bureau is 2532. SHRI P. VENKATASUBBAIAH : mainly engaged la the collection and compi­ Will the Minister of LABOUR AND RE­ lation of labour statistics and other rented HABILITATION be pleased to state : studies covering working conditions, wages, industrial disputes etc. Some of the oth'T (a) w’ether the Indian Institute of organisations under the department also Labour Studies has been in existence for from time to time take up studies of prob­ more than eight years providing training lems relevant to their fields of competence. facilities to the persons in the field of Care is taken to ensure that there is no labour; if so, the number of persons trained overlapping or duplication of effort. and the expenditure incurred so far on run­ ning the institute; Industrial Relations Machinery (b) whether services of field officers 2 31. SHRT P. VENKTASUBBAIAH :without adequate academic qualifications Will the Minister of LABOUR AND RE­ and experience have been utilized to impart HABILITATION be pleased to state : training and no teaching faculty has emerged out of the working of the institute for the last eight years so far; and (a) whether the State Industrial Rda- tions Machinery is handling a number of industrial disputes in the State sphere and (c) whether Government propose to the work is being done quite competently; undertake proper evaluation of the working of the present Institute before elevating it to the proposed National Labour Institute (b) whether the same machmer is as no critical study or proper evaluation of capable of handling the matters falling in the working of the Institute has been done the Central sphere; if so, the necessity of so far ? maintaining two sets of Industrial Labour Machineries; THE MINISTER OF LABOUR AND REHABILITATION (SHRI R.K. KHADJL- (c) whether the existence of two sepa­ KAR) : (a) The Indian Institute of Labour rate machineries docs cause over Japping of Studies (formerly the Central Institute for j risdiction under certain labour laws and Training in Industrial Relations' has been the machineries can be merged to obtain ait in existence for nearly 8 years. 629 officers economies and for uniformity of enforce­ have been trained in the Institute and an ment; and expenditure of Rs. 22,06,542/- has been incurred in the running of the Institute, (d) whether the Central Government uptil 30.4.1972; has obtained the views of the States in the matter; if so. with what result ? (b) Services of the officers of the Industrial Relations Machinery with ade­ THE MINISTER OF LABOUR AND quate field experience m labour adminis­ REHABIl ITATION (SHRI R.K. KHADiL- tration are utilised for imparting training in KAR) : (a) Yes; the Institute. This is in keeping with its function, i.e. imparting in service tra ning; (b) NO, Sir; (c) The Institute is not being conver* (c) and (dj. There is no overlapping of ted into the National Labour Institute. It jurisdiction in the two spheres. This was will only be suitably merged wi'h it. examined at length by the National Commi­ ssion m Labour and they have not recom­ National Labour Institute mended ttye «w«#er of the two m achine*. At a result, the question of consulting the 3533. SHRI t. VENKATASUB8IALH : State G o^m neots #b tbii matter docs #ot Will it* l#liM er o f LABOUR. AND arise* . REHABILITATION bt p l« « d t o stM* : 159 f a u m A fa m rt a u g u s t i \ i m Answers 1&

(a) whethertheNaiional Labour Insti­ THE M1NISTER OF LABOUR AND tute Is be’mg set up as an autonomous body, REHABILITATION (SHRt R.K. KHADl,!- if so, the tnaifi purpose of the proposed ICAR) : .{*) to (c). The Osmmitte^ haa ■' institute; ' recommended that —“ all use o f computers by commercial and industrial establish- (b) whether there are already a number mentes, whether by resort to the computer of well organise institutions in the country centre facilities or by installation of In- to eater to the needs proposed to be served house computers should be subject to a prior by the said institute; and agreement with the workers.” The Report is under examination by the Government. Pen­ (c) if sc, whether Government propose ding Government decision on the recomm­ to pool the existing resources in public as endations, the model Agreement to guide well as private sections to run the National employers on Rationlatsation, stipulating Labour Institute instead of sta.ting an prior consultation with the unions, will absolutely new institute ? operate. Requirements of Iron and Steel in THE MINISTER OF LABOUR States AND REHABILITATION (SHRI R. K. KHADILKAR) (a ): The Nationa! Labour Institute has been registered as a Society 2535. SHRI P NARASfMHA REDDY : Will the Minister of STEEL AND MINES under the Societies Registration Act with a view to providing for education, training, be pleased to state : Study and research in labour subjects. (a) to what extent the current year’s requirements of iron and steel is being made (b) and (c). There is no well-oganhed available to the different States; Institution in the country which caters to all the needs and objects to be served by (b) whether there has been a dispropor­ this Institute. The Institute will inter alia tionately heavy curtailment in supplies to collaborate with other institutions interes­ Andhra Pradesh; and ted in similar objccts and will also promote and coordinate research through its own or (c) if so, the steps being taken to meet other agencies, including Universities and the full requirements of the different States ? other institutions of standing. THE MINISTER OP STATE IN THE Recommndation of Committee on Automa­ MINISTRY OF STEEL AND MINES tion that no Comiipters should (reinsta­ (SHRI SHAHNAWAZ KHAN) ; (a) and lled except by Agreement (b). Under the present distribution system there are no state wise allocations of 2534. SHRI INDRAJIT GUPTA : Williron and steeL Allocations of Steel are the Minister of LABOUR AND REHABI­ regulated by the Steel Priority Committee LITATION be pieased to state : after taking into account the end use for which steel is required, the availabi ky (a) when Government propose to take and competing demands. In view of this the a decision on the recommendations of the question of curtailment in supplies to Dandekar Committee regarding computeri­ Andhra Pradesh does not arise. sation and automation; (c) Does not arise* (b) whether the Committee has unani­ mously made a recommendation that no Setting «p of a Spoag hod Plant computer should be installed except by la AntHura Pradesh agreement: and ' 25& :si!R r p. NARASIMHA REDDY: I # if so, wheihe* Government jhas Wm the Minister of STEEL AND MINES be pieased to state: , MA ^ N A 2 6 , m ^ 0 A m Written Amwtr m

'.ill.■ Pradesh; nearly 143,000 line km. The survey ha* and :’V .,. 'fv -'V '■ .V-..;.' ’ir'-'fu - ■' jutbeen comp’eted ■ and' ground follow Op ■ ■ work will commence shortly. There is no (b) whether in view of the $ owing ahor*proposal befoje the Government at present, tageof iron anti steel, Government propose for any other aerial survey in collaboration to expedite this proposal ? with any foreign countiy.

THE MINISTER OF STATE IN TH£ TOf JPtST if jftfTflf W W m t W MINISTRY OF STEEL AND MINES (SHRI SHAHNAWAZ KHAN) : (a) and ff (b>. The question presumably refers to the proposal of the Andhra Pradesh Industial 2558 ITWW : W w m Development Corporation to set up a Demo tr tr : nstration Plant at Khanim»m for the production of 30 000 tonnes of Spon e iron («p) m n w srtw % m k w » per annum. This is under consideration * srrfrfajp tim tr * 1! m w i t w f m f Aerial Survey of Hard Rock %tt ip& % M sen* fwrofta:.'$;

2537. SHR! HARI KISHORE SINGH : (^r) |t, a t Will the Minister or STEEL AND MINES tfk xftft m \m be pleased to sfate : w t %; s f k

(a) the achievement so far made in (n) 1972-73 % e(hH regard to the operating of hard rock in the f m ***$

(b) Another programme cf multi-ins- troment airborne geophysical surveys was £m % 1973-74 m, launched in June, 1971; .in collaborate i fsi% M n with m m B A V m RBCHERCHES GEOLO. M m H * "Art f^qsr w & m 197^ G IW E S AND MJNIERES, (BRGM), Paris, ■.i *' a Under «Rt " spr^tpT % this programme, selected areas in Raj?s- ■ ■ :l#73 I t Matdbya Pradesh, ■; Maha- Mysore were covered, aggre* a t over 80.GQ0 sq. Wrta«nAn*mr*\M'

v. v P P I T ;iP^x:||lfl[tp: Sf

Jobbery to organised sectors Period of waiting for getting '^rtfa^i'y. V 'efrEwpiogwieiil. employBwnt after registra- tions with Employment 2540. SHRI B. V. NAIK: Will the ICSCMWWw* Minister of LABOUR AND REHABILI­ TATION be pleased to state : 2541. SHRT B. V NAIK ; Will the Minister of LABOUR AND REHABILI­ (a) whether Government are aware of TATION be pleased to state: malpractices like jobbery which are ram­ pant in organised sectors of employment , (a) the average number of years that an like schools/ colleges and economic bodies unemployed persok has to wait on the like co-operatives; register of District Employment Exchange before he finds a job; and . (b) whether any investigation has been made or caused by Government into the (b) whether this waiting period has been malpractices in regard to employment inclu­ lengthening or shortening in the past three ding recruitment; years ?

>(c) the steps Government propose to THE MINISTER OF LABOUR AND take to rationalise these procedures to REHABILITATION (SHKt R K. KHADIL- afford equality of opportunity for all the KAR): (a) and (b). The information sought citizens in the country and to prevent such for is not available. However, the available ^ fc j^ tic e s; and information relating to the numbers and period for which job seekers have been on ' (d) whether any investigation team is the Live Register of the Employment proposed to be appointed in this connec­ Exchanges is given in the statement tion? attached.

Statement ■■ ■ ■ "id1 ,i ■ i... Number on Live Register according to period (as at the end of September of each year) Less than 1 year or 2 years .. 'lyeaV 1 " : t o » one year. more but : or more or more. less than but less 2 years. than 3 years.

■'•il-..; 2 3 4 S «

21,01,580 7,28,471 3,46,084 2,49,123 34,25,258

;^ 9 to V 24,27,936 8,52.644 4,18,468 2,87,183 / »JS S J3 t- ■■■'.. aw9,420. ■ 11,44,38$ 5.78.038 ■ 5,27;482

rj" ' 1(5 WrtoUttt A na*m SRAVANA 2% 1S94 (SARA) Written An$mrs M

Mth Raport p t Committee on Review of to make it more efficient in the dischaipe of Rehabilitation Work In W m Bengal its functions, th e Committee on Organisation of Scientific Research 25*2. SHRI FRIYA RAN IAN PAS (COSR) examined the activities, functions MUNSI i Will the Mmister of LABOUR and organisational structure of Geological AND REHABILITATION be pleased to Survey of India and made certain recommen­ state : dations in this regard. These recommen 1ft- t*o*s which were subsequently considered fa) whether the Committee on Review by the Committee on Science and Techno* of Rehabilitation Work in West Bengal in logy, became the basis for the Government its 10th Report has proposed that the decision to merge the Ground Water Wing Centra! Government should give special of Geological Survey of India with the assistance for developing fi«h ng areas in Central Ground Water Board of the MmisU West Bengal tot the benefit of the partiaMv ry of Agriculture and to set up a Mineral rehabilitated displaced persons from former Exploration Corporation in the public Cast Pakistan; and sector to undertake the work of detailed exploration of minerals in the country. (b) if so, the action so far taken by Government to implement the proposal ? Printing of Geological maps of India in Hyderabad THE MINISTER OF LABOUR AND REHABILITATION (SHRI R K KHADIL- 2544 SHRI PRIYA RANJAN DAS KAR) (a) Yes, Sir MUNSI be pleased to state :

(b) The report is bein* examined in (a) whether the printing of Geological consultation with the authorities concerned. Maps of India is proposed to be done in Hyderabad while the Cartographic Sectton Consultation of Geologists and Hydro-Geolo- of Geological Survey of India will remain gist* regarding transfer of Functions in Calcutta* and of Geological Survey of India (b) if so, the reasons therefor ? 25*3 SHRI PRIYA RANJAN DAS MUNSI : Will the Minister of STEEL THE MINISTER OF STATE IN THE AND MINES be pleased to state : MINISTRY OF STEEL AND MIN jgJS (SHRI SHAHNAWAZ KHAN) r (a) Yes, (a) whether Government consulted the Sir, Geologists and Hydro-Geologists while taking a final decision to transfer some of (b) The decision to locate the printing the important functions of the Geological press at Hyderabad was taken after exami­ Survey of India, Calcutta, to other bodies, ning all the relevant factors the most and important of which bemg the fact It y to have mutual consultation with the Survey (b) if not, the reasons therefor ? of India Press located there.

THE MINISTER OF STATE IN THE Collow-UP action taken after MINISTRY OF STEEL AND MINES Conference (SHjfeU SHAHNAWAZ KHAN) (a) and (t>)» The Geologists and the Hydro*geolo» 2545. SHRI DINESH SINGH* Will gists of the Geological Survey of India the Minister of EXTERNAL AFFAIRS wop not consulted before taking the decision be pleased io state : to transfer the Ground Water Division to tbt Omtrnl Ground W«$er Board and to (a) whether the Heeds of Government* setu p * Mineral Exploration Corporation in and Heed* of States meeting of WHHtlijroed the jpufetie Sector. * countries held in Lusaka rewired any foUow^p fiction; and For *o*wetime M t* Government have

Mlihtk Aft ttk b y lo d k w U tl y : :P - $ AUGUST 17, W72

THE DEPUTY MINISTER i n THE ■ (b) if sd, the reaction©* t o I MINISTRY ;... ; OF EXTERNAL this demand t >FFA»S (SHRI SURENDRA PAL SINGH) (*} Follow-up Ktlon »M in general THE MINISTER OF LABOUR AND catted for in the D^laration of Peace, REHABILITATION (SHRI R. k l Independence, Development, Cooperation KHADILKAR): (a) The National Labour Democratization of International Organisation, Ahmedabad has represented Relations adopted at Lusaka. Similar action that Provdent Fund accumulations might was a’so envisaged in the Lusaka Declarat > be paid to the members of the Employees on on Non-alignment and Economc prog- Provident Fund after 20 years of service re ss, the Statement on the United Nations, and members seeking repayment might also tif^ general Resolution oil Decolonization, be allowed to continue as members without the Resolution on Namibia, the Declaration any qualifying period. On Disarmament, etc. (b) The proposal is under consideration. ■ (b)' Efforts have been made by India to reflect the consensus arrived at in Lusaka Bonus Demand by Municipal Corporation in the various international forums in which Employees she participates. 2549. SHRI SOMCHAND SOLANKl : Will the Minister of LABOUR AND ftwft *f wtmV jrm REHABILITATION be pleaded to state : u f a m ftfar «■ u rn *t m wrot (a) whether Government are of the fact 2546. «ft tow w iW : w t that the employees in the ad ministnt ion of Municipal Corporation and Lo/a! Self- « M iik y w fo r >nft a? smi% p n Government have raised demand for borus scheme, for workers as in the textiles aa i other factories; and ( * ) war *f % (b) the reaction of Government to give ^m w i| *ftr sih: bonus to such employees ? fn N rft f-Rpft ^rftr THE MINISTER OF LABOUR AND REHABILITATION (SHRI R. K. KHADILKAR) : (a) Some demands to this effect have come to the notice of Govern* «iS I *n, w Pran I ? ment.

*nft (*ft w rto %<> (b) Government have no intention at present of amending the iPaymem of Bonus , «ifw W ): (e p^se^J to state.; . :• . - -*ifof LABOUR AND (a) whether recommendation* REHABXLITATION be pleased to state ; made ha the ^ ; isSMy ■ ■■ v ■ hi M ia^ fcelt V Govenmenj •- fire aware ■ concrete shape and';;/havenot'liS ji by : Labour Association* ■ mented^.::''/i'/r:vc'vv §&l".pfv'^Bn^ldyeei*... Provident ;p--V ■?*r; : :--Vj

(c) the reasons for delay *»d the dates (ii) Member* who have ceased to be by which each one of them is likely to be employed but have not so far implemented; and claimed refund of their provident fund arc included in the registered (d) the steps proposed to be takes in membership but not in the live the matter ? membership; THE MINISTER OF LABOUR AND (iii) An o’d member who, on transfer to REHABILITATION (SHRI R K. KHADIL- another coal mine does not dis* KAR): (a) to (d). A statement giving the close his previous membership is information is laid on the Table of the allotted a fresh account number House. [Placed in Library See No. LT— and is treated as a new member. 3409/72) The registered memberihip etc. includes such dupl icatef triplicate Registered members o f Coal account numbers of some of the Mines Provide*! Fund live members.

2551. SHRI R. N. SHARMA : Will (d) 1. The following steps have bsen the Minister of LABOUR AND REHABI­ taken to increase live membership of the LITATION be pleased to state : Fund (a) the numb r of registered members (i) Special investigation in coal mines of the Coal Mines Provident Fund as on the where membership of the fund rs 31st December, 1971; disproportionately low in compari­ son to their respective employ­ (b) the number of live members; ment strength has been taken upto (c) the reasons for difference in the detect evasion in the matter of enrolment of new members. two numbers; and (d) the steps taken by Government to (h ) Inspectors of the Coal Mines Pro­ increase the number of live members and vident Fund have been notified as the outcome thereof? Inspectors for the purposes of section 48 of the Indian Mines Act* THE MINISTER OF LABOUR AND 1952 so that they may exercise REHABILITATION (SHRI R.K. KHADIL- more thorough checks over atten­ KAR); The Coal Mines Provident Fuad dance records to prevent evasions authorities have reported as under;— in enrolment.

(a) 13.19,918, (iii) A suggestion made by the Admi­ nistrative Reforms Department that (b) 3,70*590. the qualifying period of 4*/GO days should be counted from the date (c) The registered membership denotes a person joins colliery service for the total number of workers enrolled as the first time and should be deemed members of Fund excluding those who have to have completed at the end of already withdrawn their provident fund, the month in which the total at ten* whereas the five membership denotes the dance rise* j i the prescribed fevel ftittfcber of members who have been actually is under c ^ U i t m . contributing during the' currency period. Reasons for tfce difference between the two 2* As a result bf steps already taken* figures are at follow* :-~ live membership of the Fund is increasing.

:- 5 forthese diseases; zrfom tii tii 'V fltfjw N r

: <«> if to* the financial assistance given ? .;i: ;ik^ Of?, labour AND 2534. *ft fwjft ftW : w ?jfer' (SHRI R.K. KHADIL- «pmfol «f«fV *T$ W?TT% # f^TT fa : KAIt) * (a) Pneumoconiosis and silicosis are occupational diseases. No special leave ( v ) W W F R k j4 f S*ttST §f UT^t ; withwages is allowed under Mines Act for jp i 5 P # w i % < rfvm w t, sft ■ tiKirtreatraent. However, annual leave with wages, asadraiasible, can be availed of for faifTT % w m fM r $ ^ t | f ,

m «frt f w h r «(>ft («#> *mc« %» (w) *rfeft, eft *rtt r o n f .t r wtfwm) :'{*) fn^r «N*T*f % stat't SrfR s w t SlfiP* eft "rafter «e*rff. ?an % an% fm ifta f w f.

:; : j y n t i w enft . (w ). aw fW f« % q«TC € t »i| ^ l j«ft M^ww «t) : (*) a^t ^ w f t i f f «K*rt vt y et ^erw r ?rijf v r ^ m m r n ^ «*fc: r n m w ftppft w% «n 3u^l¥ix |Wi I *™ ?#r*tkxP!tmv «<* | 1**$ w tot *«nr m m "?| S * ******frr % «* nn< Tt % a t j w *w t % m rtft. # w * w f t «r. jpnr? Sw % ftfo* m SRAVANA Wrtam * * * * ’ > »W

PTPfa w W * (c) is proposed to amend the Appren­ tices Act# m i so as to bring within w p m & * * r m % f i m *t«r- ita purview engineering graduates and dip* « #wk ^ 11 «ft «r* «**»$ « w lama holders, to provide reservation of training places for Seheauled Cast# and fp ft jft TOT S T IR ^Slfsft Scheduled Tribe candidates and to remove i ceitam practical difficulties faced in the actual implementation of the Act. Grievances of Trade Apprentices Non-celebration of Republic Day by Indian Commission at Hong Kong 2555. SHRI INDR A JIT GUPTA : Will the Minister of LABOUR AND REHAB I- 2556. SHRI INDRAJIT QUPTA: Will LITATIQN Do pleased to state : the Minister qf EXTERNAL AFFAIRS be pleased to state : (a) whether Government are aware of the genuine grievances of Trade Apprenti­ (a) whether no functron to celebrate ces on the score of nonab if so, the reasons for the non- obfcervance of this National Dav; and (b) whether in view of the acute unem­ ployment situation. Government propose to (c) government4* reaction in the ensure job opportunities for *nch tramed matter ? apprentices; and THE DEPUTY MINISTER IN THE (c) whether the Apprenticeship Act is MINISTRY OF EXTERNAL AFFAIRS going to be amended to improve the condi­ (SHRI SURENDRA PAL SINGH) : (a) tions of the trainees ? Republic Day on 26th January, 19/2, was celebrated by the Indian Commission at THE MINISTER OF LABOUR AND Hong Kong. As a measure of economy, REHABILITATION (SHRI R K. KHADIL- no public Reception was he’d However, a KAR) : (a) and (b). Under the Appren­ seminar on the subject ‘’India as ( see it” tices Act, 1961, it is not obligatory on the was organised by the India \ssociation with part of the employer to offer employment the assistance of the Commission* to the apprentices on completion of app en- Uceship training. However, majority of the (b) Does not arise. successful apprentices find >obs after comp­ (c) Does not ari«e. letion of training though not necessarily all m the same establishment in which they Closure of Indian Libraries in Nepal have been trained. It is expected that the number of job opportunities will increase 2557 SHRl P K DEO ? Will the substantially as * result of the implementa­ Minister of EXTERNAL AFFAIRS be tion of the development schemes under the pleased to state : fourth Plan and the special employment (a) the total number of reading room$ programmes started since 1970-71, and libraries which India is maintaining in Kathmandu and other parts of Nepal; Thus question of tucrease in the and r*t«» of «tipe&f inade^uaty *•*» waived thereafter V n *ap**S» t*a*pr«ntic#iby THE MPUTY MINISTER IN THIS MINISTRY OF B*5fBRN*fc, AFFAIRS txM ktfm hm nto*** ** *»wW** (SHRI SUREmm* fftt* SINGH) : (a) ■egardin* immtom*»P*w** **** 1 The ttttil number ;of libraries ktfm i i #

1 #«Ha 4n .

(b) The public sector aluminium pro­ Increase In Prices of Steel by Firms

jects are not in a muddle as made out in Manufacturing Special Type the report. of Steel 2561. SHRI PRABODH CHANDRA : Seminar of Employment Will the Minister of STEEL AND MINES 2559. SHRI M M. JOSEPH : Will the be pleased to state : Minister of LABOUR AND REHABILI­ TATION be pleased to state : (a) whether it has come to th-s notice of Government that tome firms who are (a) whether any seminar on employ­ manufacturing special types of steel are ment was, held in July, 1972 in New Delhi; arbitrarily raising the prices every six months; and (b) if so, the nature of discussions held; and (b) if so, the steps Government pro­ pose to take to stop this ? (c) the decisions arrived at ? THE MlNIStER OF STATE IN THE THE MINISTER OF LABOUR AND MINISTRY OF STEEL AND MINES REHABILITATION uu«pvR ■■ :■ . Unemployed Graduates from DelfeJ Rural Areas registered with Employment 1 * 2 . SHRI BJl. DASCMOWDHCTlYr / j^ClUUIgRB ' '' Wilt the Minister of STEEL AND MINES 2560. SHRI DALIP SINGH : to pleud to «ttM : 177 frritte* Answers SRAVANA 2$, 1*94 Written Answer* 170

(a) wh ether the problem? pertaining to There is a proposal f#r transfer of ‘D* & the manufactwe of equipments for the steel 4F* Ropeways to the Bharat Coking Coal industry were discussed at a representative Ltd as send from these Ropeways is mostly meeting of public and private sector firms consumed by the collieries under tnem. at Ranchi on the 79th July, 1972; Nationalisation of Tata Iron and Steel (b) if so* the discussion* held and Company decisions arrived at; and 2564. SHRl PURUSHOTTAM (c) the reaction cf Government there­ KAKODKAR: to ? SHRl P. GANGADEB : THE MINISTER OF STATE IN THE Will the Minister of STEEL AND MINISTRY OF STEEL AND MINES MINES be pleased to state : (SHRl SHAHNAWAZ KHAN) : (a) Yes, Sir (a) whether Government propose to nationalise Tata Iron and Steel Company; (b) The discussion, inter-alia, related and to maximization of indigenous production of plant and equipment manufacture in a (b) if so, the main features thereof ? coordinated and concerted manner* to meet the futuie requirements of steel production, THE MINISTER OF STATE IN THE standardization of equipment, import sub­ MINISTRY OF STEEL AND MINES stitution, coordination between steel plants, (SHRl SHAHNAWAZ KHAN) : (a) No, HEC and private sector manufacturing Sir units. (b) Does not arise. (c) It has been decided that a Cell Taking over of Coal Washeries by Bharat should be constituted by HEC to coordinate Coking Coal preparation of tenders, undertake inspections and monitor progress of manufacture of 2565 SHRI P M. MEHTA : equipment. It has also bien decided that SHRI K. LAKKAPPA manufacturing drawings would be made available by HEC to the various units and Will the Minister of STEEL AND for this purpose, assistance of the two main MINES be pleased to state : Engineering Associations in the country would be taken. (a) whether Government have decided that Bharat Coking Coal wtll take over four coal washeries which were hitherto under Transfer of Ropeways Scheme under Coal the charge of Hindustan Steel Limited; Board to Bharat Coking Coal and 25*3. SHRI PURUSHOTTAM (b) if so, the reasons therefor ? KAKODKAR : SHRl SHRl KISH AN MODI THE MINISTER OF STATE IN THE MINISTRY OF STEEL AND MINES Will the Minister of STEEL AND (SHRI SHAHNAWAZ KHAN) 5 (a) Yes, MINES be pleased to state ' Sir.

(a) whether Government have decided (b) As a result of one of the recom­ that the two Ropeways Scheme in the Jhana mendations made by the Technical coalfield which are under the charge of the Committee on Coal Washeries (1972) that Coal Board are to be transferred to Bharat with the nationalisation of coking coal Coking Coal; and mines, there should be a bet er coordination

Recommendation «f National CowmMee Supply of Goods by Sfcalt Seale of Science and Technology to eoost Industries to DGS Jfc & Steel I’rodoctioo in Dwgapur 2568. SHR! SATPAL KAPUR : Will 7m. SHRI P. GANGADEB : the Minister of SUPPLY be pleated state 1 SHRl SHRIKISHAN MODI : fa) the dumber of small scale industries Wi‘1 the Minister of STEEL AND registered with the Direct 01 ate General of M1NE$ he pleased to state . Supplies and Disposals as on the 30th June, 1972, for the supply of goods to the Central (a)i whether 'Pilot plan in Durpapur to Government; boost stee1 production ha* been recommen­ ded by the N>t ona' Committee on Science (b) the total quantity of goods procured sod Tech^o’ogv; and by the Directorate General of Supplies and Disposal* indigenously during the last three (b) if &o, how for this plan will help >eurs upto 30th June, 1972, to boest the w f n •TOUT «* ‘t*Wi « m THF MINISTER OF SUPPLY (SHRl : 1*72 is not yet availabel, However, the total purchases made fiom the indigenous (*) TO S T ff ajTT -3fTTsr^9r sources during the Iasi three years ending t ffo«fT k 'M V * C&TZ 3R% 31st March, 1972, together with the percen­ tage of purchases made fiom small Scale «ut $ ; *fh: Industr.es, are furnished below :—

(*) *rf* i t artf * t t Total value of Percentage of k? stores indigen­ purchases jpmti * i m # ously purchased from SSI Units. WJfmm *t) . (*) «ft? (w) 1969-70 R*. 430 79 croies 7.4»% w«tc srira *r afw n «r f w r gm 1970-71 Rs. 518.30 cro es *22% ##T % wr«r fW , f*?Rr4 ^r% w ttt- 1971-72 Rs. 752 77 crores a . 44% ttn ft *f*n% »i vtf srwm sr$ l i f e *ft nfa 51100,000 ct iwttT fesi (d) Directorate General of S trifes £ « n fc ft** Disposals makes purchases op the basis of the lowest technically acceptable <0&t» after ftW m %•* W f q* 3TT9W calling for competitive, quotation* With « tt # t o r «ri 1 1 art « * view to encourage the small scale industries, vcvrt wwr t f* *rar<*t in the case of certain items whe«* offers ate received both from large l*»W units «• wety as smalt scale waits* tic *n»Ii scai* tadta 191 ! W t m A m m n SRAVANA 2$, 1894 tfAKA) Wrtten Amhtm J82 are accorded an appropriate price preference the Djrgapur Steel Want and the Bokaro ttpto a maximum of 15% on tender to Steel Plant to step up steel production at tender basis, the actual quan um of prefe­ Burnpur. rence being decided on the merits of each case. Taking intdlconsideratnn the nature No S coke Oven Battery, which was of sto-es and capability of sma'l scale units shut d >wn years ago, has been put into to successfully handle them, 192 items as operation with effect from 20*7-72, This has par statemnet laid on the Teb'e of the resulted in the adiitional production of Hovte(l>i«ce Emergency and hot repairs to No. 7, 8 and 9 Coke Oven Batteries. 2569. SHRI S. R. DAMANl : ( ) Revival of No. Coke Oven SHRI MURASOLI MARAN : ii 6 Battery at present shut down, soon Will the Minister of STEEL AND after No. 5 Battery starts perform* MINES be pleased to state : ing satisfactorily. (a) whether, after Government’s take fui) Arrangements have been finalised over of IISOQ, studies have been made of for procurement of 2 Bo.lers to the pcoblcrm which caused a steep fall in eliminate the chronic shortage of it* production, and steam m the Bjrnpur Wurks. (b) if so, the main features theresof and (tv) Additional Locemotives are being the remedial measures adopted to step up obtained to facilitate the traffic production to normal levels ? arrangements within the Woaks.

THE MINISTER OF STATE IN THE (v) Steps are being taken for renovation MINISTRY OF STEEL AND MINES of oven Machines. (SHRI SHAHNAWAZ KHAN) : (a) Yes, Sir. It wa* found that the immed ate probl­ O'!) Steps are being taken for recondi­ ems hamparing production m IISCO weio tioning of cranes and other equi­ pment (a) shortage of coke and coke oven out of unsatisfactory state gas arising (vii) Arrangements are being made for of coke ovens, (b) bad condition of the expeditious procurement of cranes and ground*chargers in the S.M.S. addrtional Bulldozers, Loadas, (c) non»a\ailability of material handling Dumpers etc. equipment. Supply of raw material to Bokaro (b) For immediate improvement of Steel Plant production, arrangements are being made for procurement of coke from other produ­ 2570. SHRI MURASOLI MARAN : cers. Arrangements for the use of furnace Will the M nister of STEEL AND MINES oil in different production units in substitu­ be pleased to state : tion of gaseous fuels is being expedited. Procurement of engineering spares and (a) Whether a Committee of officers has equipment is beihg arranged for on a top been set up recently to enquire into the priority basis. Arrangements have also been question of short supply of r*W materials to ma

183 Written Answers AUGUST 17, 1972 Written Atmmrs 184

THE MINISTER OF STATE W been maintained, if not the reasons tfetre- THE MINISTRY OF STEEL AND for; and MINES (SHRI SHAHNAWAZ KHAN): (a) A Committee wa* set up by the (c) the steps Government proposes to Government in October, 197] to : take fulfil the shortfall ?

(i) review the arrangement for the THE MINISTER OF STATE IN THE supply of tion ore to Bokaro Steel MINISTRY OF STEEL AND MINES plant, as an interim measure and (SHRI SHAHNAWAZ KHAN): (a) A state­ oo a long term basis and to suggest ment giving the information is enclosed. sources, and (ii) reviaw and make recommenda­ (b)&(c) Shortfall m respect of posts re er\ed tions regarding the linkages of coal for Class 1 & 11 categories is due to non­ wa^hencs for supply of ccal to availability ot suitable candidates belonging Bokaro Steel Plant at its different to Scheduled Castes/Tribes even after open stages, advertisement Nevertheless these posts will be renotied to Union public Service Commi­ (bl The Committee’* report is expected ssion tot selection of Scheduled Castes to received shortly and Scheduled Tribes candidates. In regard to Ciass 111 & Class IV Scheduled Castes and Scheduled Tribes posts reserved \acanc es are no fied to Staff In Indian Bureau of Mines the president, Deprssed Class league, Bombay and to the local Associat ons of 2571, SHRI A S KASTURE : Will Scheduled Castes and Schedu'ed Tribes The the Minister of STEFL AND MINES b« pests had also b- en advertised during the pleased to state : last 2 years and e>en before Inspite of these afforts,t)e Sthetiu’eu Castes and Schcdw'ed (a) tie category-*i e staff strength of Tribes crndidates for the povts requmring Indian Bureau of Mines as on the 1st Technical and Scientific qualifications a c January, 1972 and the number of employees not available, Efforts will continue to be belonging to Scheduled Castes and Schedu­ made to tecruit Scheduled Castes and Schs- led Tribes, dulcd Tribes candidates against these potes by carrying foiward the reservation, *here- (b> whe’her the re

Statement

Category Filled up Of the filled How manv carry forward of pos* s posts as how manv vacancies reserved for S/C. cn S/C | ~ S/C S/T are available on date I 1 72 S/T | “S/T

1, Class. I 87 4 I i t

1 , Class II 29 3 «... I 3. Class 11 (Non-gazetted) 3 1ltn„ _ 4. Class. Ill 469 59 I9 29 % Cass. IV m 5$ 9 •Since Joined after I.LI97X 1 185 Wltlten Answer* SRAVANA W4 (SAKA) Written Answers 186

South -East Asian Collective Securtry THE MINISTER OF LABOUR AND REHABILITATION SHRI R. K. 5572. 0R . H. P SHARMA : Will the KHADILfCAR) : (a) and (b) Government Minister of EXTERNAL AFFAIRS be have not received any demand to this pleased to state : effect. However, at the 29th Session of the (a) whether some of the South East Standing Labour Committee, held in July Asian countries are forming themselves into 1970, the workers* representatives urged • group for collective security under the for a wage ceding of Rs. 1600/-per month aegis of the U. S. A.; and for coverage of employees under the Industrial Disputes Act, 1947. Their views as (b) if so, Government’s reaction thereto ? well as those expressed by the employers* representatives in th s regard are under THE DEPUTY MINISTER IN THE Government’s consideration. MINISTRY OF EXTERNAL AFFAIRS (SHRI SURENDRA PAL SINGH) : (a) No Jammu and Kashmir Central Labour U.iion such development has come to the no.ice demands to Raise minimum wage in of the Government. Public Undertakings (b) Does not ari^e. 2575. SHRI D. K. PANDA Will the M mster of LABOUR AND REHABlLfTA Modification of Labour Laws TION be pleased to state : 2573 DR H P SHARMA Will the (a) whether the Jammu and Kashmir Minister of LABOUR AND REHABILI* Cen ral Labour Un on in its recent TATI ON be pleased to state (he decisions resolution has urged Central Government taken to modify the labour laws in the to raise the minimum wage of employees in light of the Gajendragadkar Commission all public undertakings to Rs. 200 per Report ? month, and THh MINISTER OF LABOUR AND (b) if so, Governments reaction to this REHABILITATION (SHRI R K JCHAD1L- demand ? KAR) : It has been decided to ame.id the Plantations Labour Act for extending its THE MINISTER OF LABOUR AND application, reducing the maximum weekly REHABILITATION (SHRI R. K. hours of work, and provision of creches in KHADILKAR) : (a) and (b). Government plantations employing less than 50 women has no information on the subject. workers. The question of amending some Other labout laws* e g the Payment of Unemployment Insurance Scheme Wages Act, the Industrial Disputes Act, 2576 SHRI D. 1C PANDA : Will the and the Trade I'nions Act is also Minister of LABOUR AND REHABILI* being considered. ATION be pleased to state the ment Amendment o f labour laws to include broaJ features of the proposed Une.nploy* employles drawing upto Rs. 1600 In mrance Scheme ? among workers THE MINISTER OF L

(*) m tm im f?r*m P p n ^ li^^psiry •; • ;Wf %■■'•.■ ’iSWV t i t i ■wwW t o m t % % ftm «nrter ,fwr ^jsnt ■'* ■'*,A^r" 'jR-jr* ... — ■ ■ ’> "K+- • •... .. _-_u. ______,,: - '^PT \1ffW- W P*?T > ^ f ' y ^ ‘r - (n ) m t ■ ;-yjaNrfri# t i ?rw r Takloe over of HiiMlalco ^ Riijr J f - ^ tt jtT ?«fpr nft {«ft anr<> %« District; and 1 : sp N rft x m # m t f i m % (b) if so, the decision taken thereon ? firefwfiw I :— . THE MINISTER OF STATE IN THE MINISTRY OF STEEL AND MINES (T) t . f,|r w » s*Wr *ft^r5rr (SHRI SHAHNAWAZ KHAN) : (a) No, % srstw Sir. stferfirt; Sjftwr ti«r tohtcS i«w «*»«» t r m r , ^ i f *n » p ra «rsit *frt w?rai w- w m r f*mf»r ¥*srr rnfaw t, % j m arrat | aftr ^ ftwifoii tt w - 2579. «ft iww ftw «n»wc:

1 «fti & «?m%: |, faprif v n w r ft (t) w t ra it ft wrr* n& r tffar arm ra't % firofar % fair *% aftr finmrr w § fa ftrfR . «nt % stattfn*; f?»Fm 3 snrfar % g»ft«r »wft5f tii firem «r«n Sf5 ? ;;" $ P :jt f r n sruftaRTaft f^ F sr ftnn | fa f«r?K *f ftrwft tit v i i % arftw ^ .«*»• wot >rf i wrar wtftw siff ftwr an w i ; : »mPr y-;: y ( f ) fiRft arwcrw % ftmfar % fwr firpt t r«rai5i | , aft ft ; ’wwi **& « w .saw •%?* St jftaw ^ % fis^ imrtrtw K ; v^nfvii ti' # w t v:i||i^-^8rf»qw % tfeff *nim - 'V:$tfjf tit w r *f tw r artar | fitsflft afipw - w r jrcarffcT v m m jm srwpft %

$ SHtft t I g » Ttwif f «faT Iff SRjiJB* :; . jilt I w$F* «uiflrf»RfifiFW r ted throng the privilege of ■: clearance.*. M t w m A tllftfltO N TO MATTER f.';^tei, .the^;. Hindustan Times dated .■ ' diplomatic corps who might be indulging in ;.*iew* , item to the.

watches and ^meras Hen# pf ittfue are being regularly smuggled mto$ndte for aafe, bar« srctibml of consular :' d f l ^ -the ? w If fire s*r i f s w i n w press me to do so. In one case the con­ signment itself was abandoned in the sense t wuft m«r tprrt *r «r$ to f**ft % that the person in whose name the consign­ fwfr $f wff | ft 5^ % MV ff# * ment was sent said; I have nothing to do aft-»ft fTOW 5* « * f f«rar with it and we had to open it in the pre­ sence of the officer of the customs depart­ j i yr ft w h 41% •«ft mftre j «ta ment and other respectable persons and * w>i vtfr I, inftr ^ % contraband goods valued 18 lakhs were found in that consignment. But he dis­ M t | wfft vr'If «r*f *?$ claimed any connection with it. These a~e wffct r?s f«#s the types of d ffLuliies that we face in such cases. *»%, npw *r%, stwrV qrqit «rif&t, Tffrr ’nf?q, w ? ‘srfgq, SHRI N1HAR LASKAR (Kartmganj): We have drawn attention to this fact be­ jprarsft ift <11^ ? n j s fa»reft cause we are all concerned at the way smug­ | aft fitasft arfsw s ttr 3 ^rf?q gling is increasing. Government had also srftw antra Jf «f? fw t ft jw w a? | come out with a statement that unauthorised §1 use of foreign exchange is to tha extent of fit.-«rnr d h r e

■ ■ !*u>i^?AiDi»nrra* (CBntkai ) ;!% ;«$% ■ f:v f i v ■ THE MINISTER O F : LABOUR ANO ; ijpa « r W ( # « ..A t « *t m m | ) REHABILITATION (SHRj R. K, 193 Paper* laid SRAVANA 26, 1894 (SA&A) S. C. Report J$4 the Industrial Disputes (Central) (Amend­ (iii) Erratum to the Hindi versing ment) Stales, 1972 (Hindi and Etigikh ver* of the above notification! sions) published in Notification No. G.S.R. published in Gazette of India 79$ In Gazette of India dated the 1st July, dated the 1st Match, 1*72 1972, under sub-section (4) of section 38 of {Placed in Library. See No. the tdustria! Disputes Act, 1947. {Placed in LT- 3408/721 Library, See No. LT-3406/'2]

Notification , under Passports act . 1967 MESSAGES FROM RAJYA SABHA and Extradition act , 1962. SECRETARY : Sir, I have to report the THE DEPUTY MINISTER IN THE following messages received from the Secre­ MINISTRY OF EXTERNAL AFFAIRS tary of Rajya Sabha (SHRI SURENDRA PAL SINGH): I beg to lay on the Table:— (i) “ In accordance with the provisions of rale 127 of the Rules of Proce­ (1) A copy each of the following dure and Conduct of Business in Notifications (Hindi and English the Rajya Sabha, I am directed to versions) under sub —section (3) inform the Lok Sabha that the of section 24 of the Passports Rajya Sabha, at its sitting held on Act, 1967:— the 14th August, 1972, agreed without any amendment to the Diplomatic Relations (Vienna (i) G.S R. 285 (E) published in Convention) Bill, 1972, which was Gazette of India dated the passed by the Lok Sabha at its 23th May, 1972 sitting held on the 9th August, 1972.” (li) G.S.R. 286 (E) published in Gazatte of India dated the (ii) "In accordance with the provisions 25th May, 1972 of rule 111 of the Rules of Proce­ dure and Conduct of Business m (iii) The Passports (Second Amend the Rajya Sabha, I am directed to ment) Rules, 1972, published enclose a copy of the Victoria in Notification No. G.S R.317 Memorial (Amendment) BtU, 1£72 (E) in Gazette of India dated which has been passed by the Rajya the 21st June, 1972 {Placed in Sabha at its sitting held on the Library. See No. LT-3407/72] 14th August, 1972.**

(2) A copy each of the following Noti­ fications (Hindi and English ver­ VICTORIA MEMORIAL (AMENDMENT) sions) under section 35 of the BILL Extradition Act, 1962:— As FASSBD BY RAJYA SABHA

(i) G.S.R. 34 (E) published in SECRETARY : Sir, I also lay on the Gazette of India dated the Table of the House the Victoria Memorial 20th January, 1972 extending (Amendment) Bill, 1972, as passed by Rajya the provisions of the Extradi­ Sabha. tion Act, 1962 to the United Kingdom of Great Britain nod . 12.45 fars. (ii) G.S.R. 35 (E) published in CENTRAL SALES TAX (AMENDMENT) Gazette of India dated the BILL 30tl» Jaguaty, 497&;t»teudfog (i) RgKMLT OF SELECT COMMmi^J the provisions of the Extradi­ tion M 2 to t|«s Republic &BRI DHARAMRAO AF2ALPUR- Ql WiWPiPOIwa KAR (Outearga) i I beg to *ce*»t the 19? BttU Utfroduced AUGUST 17,1*72 m

ISfcri Dharaiwtao Afzaipurkar] 12.47 hr*. CONSTITUIION (THIRTIETH AMEND­ Repcrt of the Select Committee on the Bill MENT) BILL further to amend the Central Sales Tax Act, 195$. THE MINISTER OF LAW ANI> JUS* TICE AND PETROLEUM AND CHEM1* (h ) Evidence CALS (SHRI H R. GOICHALE) : Sir, I be* SHRJ DH/RAMRAO AFZALPUR* to move : KAR : I txig to faV on the Table a copy of “ That the Bill further to amend the the Evidence (Voluipes I & II) £iven before Constitution of India be taken into the Select Committee on the dill further to amend the Cental Sales Tax Act, 1956. consideration.” The Bill proposes to amend the Article )33(I) of the Constitution m order to do WILD LIFE (PROTECTION) BILL* away with the value uf the subject matter of dispute as a criterion for exercise of the Tjj£*MINISrER OF STATE IN THE appellate jurisdiction of the Supreme Court MINIS'! RY OF AGRICULTURE (PROF. m civil matters. SUER SINGH) : Sir, I beg to move tor leave to introduce a BUI to piovide for the The minimum limit of R*. 20,000/- protection of wild animals ai d birds and mentioned in clause (a) of Art cle 133(1) for matter* connected therewith or ancillary was fixed tn 1950 at the time of passing of and incidental thereto. the Constitution. In 1969 it was felt that in view of the change in the value of the MR« SPEAKER . The question is ; rupee, the limit wai too low and the juris- “That leave be granted 10 introduce a d ction of the Supreme Cc urt should not Bill to provide for the protection of be invoked unless a larger amount was wild animals and birds and for matters involved. A Bill proposing to tai e this connected therewith or anc llary and limit to Rs. J lakh was introduced in 1969 incidental thereto.’* rn the Rajya Sabha. The then Law Commission was consulted about the Bill The motion was adopted and the Commission even ft that time felt that it was some what inappropriate that PROF. SHER SINGH 1 introduce the cases whether fit or unfit for consideration Bill* of the Supreme Court should be allowed to go to the Court merely on ther basis of the SEEDS (AMENDMENT) BILL* value of the property in cmpute. The Law * * * Commission then took the view that appeal should lie only on a Certificate of fitness THE MINISTER OF STATE IN THE granted by the High Court under clause (c) MINISTRY OF AGRICULTURE (SHRI of Article 133(1) and that clauses (a) and (b) * * ANNASAHEB P, SH1NDE) * I beg to move may be deleted. The BII, however, was for leivc to introduce a fit]) to amend the passed by the Rajya Sabha in August 1970. Seed* Act* 19*6. The Bill lapsed as the Lok Sabha was since MR. SPEAKER : The question is then dissohed.

“ That leave be granted to introduce a The Law Commission was thereafter 0111 to amend the Seeds Act, 1966.” Again consulted. In its 44th Report, the Commission i^commended that an appeal The motion nos adopted should lie td itit Stiprrtne Court only »f the High Court certifies that the case is a fit SflR i ANNASA* EB P. SHTNDE * ! one for appeal to the S« reme Court m w ia c ' 'be Bin. According to i*e t m Commiwton, the Valletta* tent ttiwCrtmteatedf afcfairty between * * » t. njiji ...... * 1 • i 1 -... * ...... i- to ...... « f r n » EMiaoKltoMy, B. * * m ) SRAVANA 2S, ltM (S4|:4) (J3(4 BtU 198

the rwn »n4 the foot. I ti«atia« if it has arisen in a eiWI proceeding *h9uW W*M*% *#*istitution Of India be taken ioty Comide* <*«teofcoinmtooeawiit of the ;.|PPF ;•■■.' .MwWwwWf j*slih mim' AUGUST 17 1972 (JO/hAmd^ 0 : 0 ^

tot the : ^ thatm aileasea we canhot shut out aa ■’■■'' Sim* this is " ■ Amend- appeal tothehighestcourtin the country 1 ;^ iii; p& therewlitbe -ftoidlai of votes of not' less' than specially in matters Of article 226 which ftfty' .pat cent of the total members and two* govern fundamental rights of the cittaeasof thirds of the members present and voting the country. Wc have been having various is necessary.We will have the voting at types of decisions specially in cesses of service matters where questions of dismiss­ 3 0’ Clock. als are involved, where the public service J;.;«6m n a t h c h a t t e r je e is concerned and where industrial relations (Burdwan) W hle supporting this amendment are concemed.Tilt now, we find that there has been consider able uncertainty in the law that has been laid down in different MR SPEAKER : So, it is a non-cor.tro- High Courts of the country, because this versialBM. valuation test has not been made applicable SHRI SOMNATH CHATTERJEE : A to many cases under article 726 of the coutroversy was embodied in the Constltu- Constitution, there was difficulty. .Always ; lion in 1950 and not now. Now that an approach was made that the valuation controversy is being ended. This was an test is sot satisfied and the courts were not anomaly that unfortunately crept into the satisfied that the cases were lit cases of Constitution in the year 1950. It seems that appeal to the Supreme Court. Therefore, we have followed the legacies of the British we would have liked, in certain cases, it days whenv in (he Civil Procedure Code of should have been as a matter or right that this country, which was framed in t908. recount Could be taken to the Supreme the appeal to the Privy Council was allowed Court of India. In cases of service matters, on the basis of the valuation test. This particularly, in cates of wrongful disn issa's was one ofthe, rf I may say so, Invidious either from the Government service or ' discriminations th at has ttfert embodied in from private service and in cases of the Constitution in the f& r 1950. when the industrial relations, industrial disputes, Supreme Court should hi** teen constituted it should have been as a matter of right only for the purpose of laying down unifrrm that recourse can be taken to the Supreme taws in this country to be followed by all Court of India. the different High Courts is India and for genera) application to the citizens. There is another matter to which 1 wish to draw the attention of the hon. Therefore, we arc happy that the irrati­ Minister. So far as the Supreme Court is onal standard which has been laid down in concerned, undoubtedly, we want that it the Constitution is now being got rid of should be taken recourse to as a last resort, Instead of valuation test, now the test to be as the hon. Minister, himself pointed out. applied is that the subject-matter should We want that the Supreme Court should justify the scrutiny by the highest court in lay down certain laws which should be the country. made applicable alt over the country So far as valuation test is concerned, uniformly. But in various cases whichevcn I find, at least in countries where the involve substantial questions of Jaw, there common law is practised, namely, in is great difficulty for ordinary people to England in House of Lords* the Supreme approach the Supreme Court because of Court in USA* no valuation test is being the costs involved. < Tfte hon*; Minister foUowed ther*. Also, in France, West himself said that there is a disorisntaafion Germany and Russia, there is no valuation between the poor aztdthe rich because the test. The real test is the importance of the vnhmiion test is there. The vsluatlootest subject-matter which should be brought :• is going. But even if the valuationtesthas before the highest court in the country. gone, in crses which involve substnntial , questionsoftew, the recourse canottly be So far as some of the aspects are con* takea to tbe Supren^ C ^ , cemed—^e are experiencing it every day— _ High ^€0^y ;* '■■ ■) in v*he \recent ■ ■ appointtnents ■ ffe&,. m :;.the. general standard article 136ofthaOmstmrttea, 30i C o m rn im SRAVANA 26, 1894 (SAXA) (30th Arndts MU 202

We know from our daily experience “Hungry Heroes in back seats get 'Tamra that in wqry many cases, say, for example, Pott*' from chosen 27. Sir, I went to see the w e of fctfew eor*w, the case of them off yesterday night. Some of them industrial tribunal awards, where directly shed tears. This is the report of the paper : appeals *r* being filed in the Supreme “It looked Uke a refugee camp, A group Court under aiticle 136, the litigant! and of old—some of them in&rm—peopfe sat trade unions are having great difficulty huddled together on tom and dirty because of lack of resources. Mr. Gokhale mattresses spread on the floor in a small hat the experience of the Supreme Court. dingy room.” How many trade unions or employees who had to go before the court could be They Had no food.. .(Interruptions) Sir, this pi operty represented ? On one side, we have is not a Party matter. Not only this, in the seen Mr. Gokhale, Mr. Daphtary, the front row of the Diwan-e-Aam the officials great luminaries of the Bar appearing for and the Children sat and the freedom fighters the employers. So far as employees are were given the back seats. concerned, who are there to represent Sir, it was a very novel idea to honour them ? They can hardly go to any compe­ tent lawyers because of lack of resources. the freedom fighters. It was really a sacred We are thinking so much about the people idea, but it was executed so shabbily, so disgracefully. I would request the Govern­ that they should have access to the Supreme Court of India for redressal of their ment to go into this matter and who were grievances, that such a law should be laid the officers asked to look after the arrange­ down as would uniformly apply to all the ments for their food and lodging. That people of the country and that any section should be looked into and the Government of people should not get any extra benefit should apologise to the freedom fighters under the Constitution of this country, but (interruptions) what are you providing for the poor people MR, DEPUTY SPEAAER : No more for the poor litigants 7 Therefore, it is ptcace. essential in particular cases like dismissal cases In service matters, matters relating SHRl S M. BANERJEE (Kanpur) : to industrial ...... We gave a call attention notice. The«e is a strike going On by 75,000 cement workers MR. SPEAKER : The hon. Member may throughout the country. I only wanted you continue his sppetch after Lunch. to convey our feelings to Shri Raj Bahadur, The hon members may please note that the voting shall be at 3 00 p. m. He is there. Let the Labour Minister make a statement on the strike by 75(000 We adjourn for lunch to reassemble at cement workers throughout the country. It 2.00 P.M. will impede cement production in the country. tthrs. SHRl J AG ANN ATHR AO JOSHI (&ha- The Lok Sabha adjourned for Luncb HU japur) rote. Fourteen o f the Clock, MR. DEPUTY SPEAKER : No. please. Mr. Somnath Chatterjee, The Lok Sabha re i attended after Lunch at Fourtteemf the Clock SHRl SAMAR GUHA : 1 hope the Minister of Parliamentary Affairs has taken [Mu* Deputy Shaker ft the Chair.) note of it and something should he said $VHU SAMAR GUHA (Contai) : Sir, about it. Some of the old Members we sent thete is * Import in this morning Hindustan to see them off. They actually stawi tears.. T im e t about the freedom Fighters. We MR. DEPUTY SPEAKER : Order, wiAted them to Oon* to Delhi, we wanted p’tase. You have made a. submission* It s totooourthwn tort they tan away as faa* on record. It ii for the Qowmment to take *t they wuW in « mood of rfcret, TWais note of it* the appeared in the rims t> • 9tem aiim, it «w* * Mr* SOMNATH OIATrpiUEE. . M-Mkn. \ m r o duestibn of iiHgation is coruvemti, certain* ■ ‘. ■ . , ‘ > < • iy. Supreme Court appeals should be bn ' the bii^ts mat there should be no discrimi­ AMENDMENT) MLL-nCYwrfrf. nation and proper provision should be made giving full opportunities to ftw ordinary people of the country to come on appeals to '.;.;.V1 .of people the Supreme Court. ■ > to' approach the 'Supreme ■v;*' :0M&i'.dtie'ib-lf^df' resources and funds. One of the reports of the Law Commi­ It inessential that some scheme for provi- ssion mentions about Arrears in the courts. ding legal aid 1s established by the Govern- Even in the Supreme Court, between I965and 1970, about five thousand cases remained to be disposed of. There are a thousand cases i-;: fiosecases where poor people are accumulating in the Supreme Court year by involved, they find the greatest difficulty. year .In the Statement of Objects and Reaso­ They lire shut out from coining before the ns we find that the amendisent of the Stijweme Court for lack of funds, especially Article accordingly would curtail the number j in cases where Service matters are involved, of appels which are filed in the Supreme hi case* of dism issal in case* of industrial Court merely on the valuation test being disputes, etc. etc. Special provisions should ' satisfied without any merit in them. So far be made for providing legal aid to them. I as frivolous appeals are concerned, to the this is one of the principles which extent, they could be done away with, we should be adopted by a welfare State. Legal support this. But merely making a provision should be 'pile, available to the ordi- that valuation test need not be fulfilled will ■■* people;-*© the poor people, who cannot not solve the problem of arrears. For this afford to come to the courts oh their own difficult problem coming up before the sup­ ;. resources.' \ reme Court, a different approach is necessary. A porper appi bach should be made, taking There is another point which I wfsh to into consideration the Code of Civil Proce­ ^ing to the attention of the hon. Minister dure and other procedural laws. Adequate and this is about the provision for security steps should be taken to get rid of these ■'...■as to costs. There is a provision for paying arrears. The Supreme Court should be the :-j *2,000 as deposit for filing an appeal in watch-dog for the common people of the all cases excepting criminal cases. This country so that their fundametal rights are requirement is placing considerable strain on the ordinary litigants to pursue their appeals protected from executive tyranny, We want before the Supreme Court. The Minister that the Supreme Court should be allowed to maysay this is a matter which should be play its part. The Higfy Courts should also left to the discretion of the Supreme Court. be given proper opportunities to play their part. In the High Courts, so for «i the We wish that these are provided in suitable legislation .In certain cases court fees are to judiciaht and ard is concerned, there hes not b«paid. In all cases security for costs been a rise, if not an actual fall. These should not to be taken; it is notincumbent nutters should be looked iiftto from various *hat such security should be provided at points of view. There should be an integra- ^ I. So f^r a* the Supreme Court appeals ted approach. Piecemeal legislations will not solve the problem. With these words, I essential that this supportthe l* ^^d 'W4t>iie;away;wfth*...... people the poor ftre ; concerned,.; they. , ijftj.. i . A.'. j.. ■ . a-. ■. i., . . . ; %*Mig$tt .of only during ■'the ■ f l f W c ^w'l in? ^ let us not ■ insult "the" poor ■. peopieof the country. Let them not be W d aspawn* during the election time only, t e t us do something so that they can feel • m SRAVANA M, IOT9 fgAKA) {30th A ina ) BUt 20S

{ i m f*w % aft s w INc t f t * t v w lf aft % * $ r | «ftr 44*fV sftt 45 4% *r?r $ % gsfar vtt % “ In consfderiiig what HmH should be assigned to the power of appealing* stt% ft t sft ntffa w m rt f % §sfr*r »rt£ * our leading maxim is, that it is the 5Tff)r art w r> ft i fassfr *nw? m tar interest of the commonwealth to have t o t t ft » *rfta TOfiT^ *?> 3Tf?r time and money of the public m order tfr amfr «ft i % f%cr «nft^ t get his private affairs settled as he wishes The State’s duty is discharged t o t ?ft arffr $r g fe* * i t o t t i *xn 1 when it has provided such a reasooa- «rt 7*r m £ f«rv nf | mr b.e amount of attention and skill and ^Tfp: i tfta ^ n r merits, and according to the best ability of the Judges » ” . *y W ire *r w*pt t^p »srcr ?m f t am* t $ $a*T WT$m $ fa it*m m faftre pt sr«r?rt vt srarte fif *t4 rr |t m t i t «nft rft i ^ W j f w srflr ft, ark f«rcft m «rr $sfm % *T^V*t «I?V «fV JTff §fa*TT I | *JW>3r*T amrr wtfrr ft *ft swfrffoyqpn ft «fefo%?r v y r * w «tt% | i Him jRfarr *r$ %!$ *h£*r fk$ m xrnm ft, ^ Star ft ft? arr**ft «r*> an% ft, ti m * $ t r w ft * fatft % *r$t # * m *nfr f w f t ft, *wr % «TT*ft ift %9T ft W t t f r f ^ f | # 5 ^FTVT <8R*T f?*TT * 8TTT^T ftr*TT ft f aw% ft fo %* suprt n «rr 1 $# *rat «rri far* *t^t Tjprr w$T *T 1 T far ft 1 fri aft ^*rprt wrtV M»re *ft 4*We have looked at the laws of some »ftt » | t w fis «fiw fr*rrc % 3 m #»n ?ft other countries to ascertain if the e srftw $ w f r t< f t * m are comparable provisions for appeals to the highest c >urt of the land. Jn f t w i f f t v r t , <^9t w m % »p>wr Eng’and, an appeal to the House o f Bwtiri Loyds needs leave from the court of appeal or from tfo Hoita itse^ «trf^r sft |gsf«tw rrit Conditions fft India u,rt, of course, not the same as to Engfimd, but the tw tf^ K •ft,5 s*i <(nc Sw ^rf^, English texperlente is vafi 4 to sho^ « ; | r urtttnttv flrfar «rr that such an jcko m k # ith m t difficuwy. $ 0 m w nr

fin vl order involves some :claifr/';te?|^t^;:'' 3->:. property of a like araount before it is tlHi TrIbunikU wk**e appealable to the Supreme Court is now be­ i in other countries like France, West lt^ removed and the only criterion that ft Gerraany. USA and USSR, the va ue now imposed is that the ease should involve ©ftbe subject-matter is not relevant.” a substantial question of law of general importance and it is a fit ease In the opinion 'ifr fcfpmr W f of the High Court to be decided ty the Supreme Court. Thereby aa invidious dis­ tinction which now exists between the rich ^rife *srf?i» i fir^t flmw f?jn and poor is being removed. The rich men ftwi 11 ftf sfsfate has the right to go to the Supreme Court because the value of the subject-matter of 1ft If wnt # wftw f t *%, it* £N> 1 1 the dispute is Rs. 20,000, whereas the poor, , W % «rfh» m *ift q p r 9>flrer however valid his right be, is denied this right because the money value of the case r - . is less than Rs. 20,000. The amendment ensures that the rich and poor are equally t$ww#2tar»SifrOTTMftfara treated and there is no discrimination ^ Bwir w nw ^ «>Rft 1 1 i*prr % r r e practice in future. %eff sec. 100 of the Civil Procedure Code which deals with second appeals to the High Court S »n*r*r *w |sfttJifinnwr only on a point of law. A further appeal to «ft m Tfr | fa tftnw q r the Supreme Court is in the nature of a *rl$»riit ifff f*rc5t secon dappeal. It should only be substantial questions of law of general importance that ift «urpr fw r m vrt i should be the guiding principle attracting the jurisdiction of the Supreme Court,

tte *tnw tlut tlie "ralM tlan «»s' t Iz .. tb*t Bui tow buuqt tawywim thtra who ktv* tjKvttepfito «ufa}*ct-in»tt«r of the *«- tom io?UieMtow, ft *«arfl» fcmym pute hi tto ooart of Aot ituUaa thmwlvtt *» iw lii k cod«. 109 C m #fa tte n SRAVANA M, m iS A K A ) (sorh Am*.) m ztp

SHRl S0MNATH CHATTERJEE : considerations of the merit of the matter, Everybody caanot aifotfd it. It is very d ffi- lam glut that the Law Minis* »r has now cult. sought to implement the recommendations of the Law Commission on the question. SHJM R. D. BHANOARE; Let him not deal with individuals. I am a little unhappy—though possibly, SHRl JAG ANN VTH RAO Because practically it may not mak* much difference he referred to it, it is a valid question. —about the deletion of the fitness clause in article 133 But I have no doubt that SHRT SOMMATH CHATTERIEE: Why when the courts in’erpret this provision, doe* he not ask Government to frame rules? they will consider fitness on the ground of public importance and on sound questions SHR! JAGANNATH RAO: How can of law. Therefore, possibly, when the Government do it? Let the lawye-s them­ interpretation iii evolved by the courts, selves evolve a code. Let there be a panel the^e will not be much difference and fitness in the Supreme Court, the High Courts, will still remain a very important criterion District Courts. There are Bar associations. for justifying appeals to the Supreme Court. Let them in tu n appear for the pooi liti­ gant without accepting fee This is the I support wholeheartedly Mr Somnath only way in which legal aid to the poor Chatterjec*s plea for legal aid to the poor. can be organised. It is not fo r Gwe-nment In no civilised country does the legal pro­ to prescribe it. The poor litigant has the fession except in a haphazard manner* facilitv in forma pauperis. He cannot go extend legal aid to the poor. If it has to to the High Court or Supreme Court, You be done on an effective and rational basis, cannot also compel a lauy'r to argue for it can only be done where a proper scheme him free. Therefore it is for eminent law* for legal aid to the poor is evolved by the vers well p'aced in life to evolve a code of State A Scheme was evolved by the Law conduct and a system for affording legal aid Ministry a long time ago— to the poor. I think the Law Commission also has SHRl INDRAJIT GUPTA (Alipore) : recommended in one of its reports on this Have a ceiling on lawyer's fees. matter. 1 believe in the now provision that is being inserted in the Code of Criminal SHRl A. K. SEN : It is already there P.ooeduro which is being amended there is because the Government is the biggest reference to legal aid to the poor. These partner for all handsome fees. Ceiling will are provisions which Government also are be meaningless because that ceiling is al­ thinking of. ready thare by the Income-tax law There­ fore. You w.ll find that really there is This Bill is in the right direction, is a ceiling upon lawyers* income like alt other least controversial and does not need much incomes. That is the reason why in many debate. I support it wholeheartedly. cases the top lawyers do not accept fees m deserving cases. It has been a tradition SHRl A.K SEM (Calcutta-North-West): always with good lawyer's to extend tbetr Mr* Deputy-Speafcer, Sir. I am very happy help to poor htlgants. I say this in answer that this measure has been brought and an to Mr. Jagannath Rao’s remark that many anomaly whkh Is the creation of olden days lawyers do cases free for poor litigants at is sought to be removed Those were the least on some occasions. days when the ultimate court of appeal was the Privy Council in England The valu­ SHR! ISHAQUE SAMBHALI (Amroha): ation test «ms * very important test and Very few, rights of w e a l were <^ferred as a mutter of waive 4epeding upon the value SHRl A* K. SEN : I can tell you at *t th*s«bJ«Maatter Qf litigation. That crit* least ftam the High Court where I eoine V \m is completely antiquated and when the from and Shri Somnath Cfcitterjee tome* 4MJUp«Ww* I*, I WUMT^ if frpm, H Ms been the traction of the Sir \ i m m b 9 the pmum *t mi>tw than by to ^x«eod M p to jtoor tttfejutts* ;'i( 5 ^ A t‘;V;RE!>DY- and the le^al professton h«s #Iso benefited art" any by moderate fees. A r the tame time a time ? ' poor litigant in every case including divorce SHRI A K. SEN : Heis welcome pro- cases gets justice before courts of law. ' vided he hcs a moral ciatm ! ( Interruptions). What was o- ce an anathema for the poor ;\irhat course, '.'I*'* matter not purely litigant has now become useful in order to confined to the Supreme Court. It assumes get redress for his grievances. This is a ratlfe’ an . import; nt proportion while we system which has been adopted to every come to the Supreme Court because it is cou try: it was worked out here and was .m % for ft litigant to approach the Head* recommended by a series of conference one qui ters for the high court, though it is also af er the other and the small expenditure ex|»aalye there, but for people to come all that was n eded to finance such a scheme the way to the Supn m Cou; t, pay securities w mid be wor thwhile undertaking* We » 4 SO on* is d'fficult. The cost of printing may start from the Supreme Court and go p per-books be omes sometimes prohib.tive. down to the lowest levels of our judicial Of course* fortunately, the trade unions system, With these words 1 have great who represent the emp’oxfes rake up the pleasure in supporting this very welcome burden and molify the c(T.‘ct of it, but in measure. many eases, I know personally, it voks SHRI D.K. PANDA (Bhmjanagar) : hardship for poor litigants partcularly in This Bill is long overdue. It has come at respect of litigation hi the Supreme Court. a time when hundreds of appeal* are piled 14.23Jtrf. up in the Supreme Court. I understand SHRI K. R TIWARI in the Charr that 1967 appeals have been taken up In 1972. It causes h. rdship not only to the One hon. Member has righfy said that poor peop’e and the common man but a‘so the cost of living in a hotel nowadays has m:ddle-class people. This long pendemy become prohibitive for many people and to causes trouble. engage a lawer here adds to the co*t con­ siderably, I think th* Law Minister will We have been demandirg from the rake up ti e old fiie and find out the old Government during the budget session that scheme worked out by h s own Ministry at there should be a comprehensive scheme to one time. It was thrown to the cold storage see that thj benefit* of laws and constitu­ because the then Finance Minister \lo ght tional rmendments made here reach the that it was immoral to subsidise l.tigation. common man; otherwise all that remained And I failed to convisce him— {Interruption). a dead letter as the benefits of this legis­ lation did not fl w to the man in the street. SHRI S. M. BANERJEE (Kanpur): My We tabled a number of cut motions and suggestion is that the lawyer’s fee should amendments on ti e above lines bat they not be more than Rs. 51 a day. were never replied to, nor were they look SHRI A.K. SEN : That is vetf good. into. They were brushed a side and some I think the same limitation should be pro* answers were given which had nothing to dip poriionately borne by everybody including with reality. Members of Parliament, There is no diffi­ culty about it. That is a different matter. We find that the cost of litigation is We are now talking of legal aid to the poor also going higher an<| i* is beyond the and this is a rational system adopted by power of normal people to have access to every civilised country, I can tell you the Supreme Court. The cost of the paper* that the cause of law has become so popular book is so high that the poor mml is unable In countries like England after the system to afford it. poor was worked out Similarly, the f^ r mail should net W with success and law courts were no longer called upon to pay the paper book cost in : barred to poor In our times, small matters. Stamp fluty and court students, i l ’rwcmber the also .'aiie .'.rf$toi: hi^yjarid'.1 'tfte;; poor litigant; ^'■ ;^vJKich. sed ■ to . -be made ’ Whie supporting this • which" rv"^a)rr^':poo)r' ieelcijrrg;''

!•' ‘Vv-'-Iv '• '•.? ' " 1,1• ‘•"Vi... the income of thc tewywswho am samidg 3(3 Constitution SRAVANA 26, 1894

fabu lomly And necessarv amendments should getting up like that be male so that the poor man it able to defend himself. Government should also SHRl A.K SEN Mr. Chat terJee wil a-ranje for the legal defence of poor liti- confirm that M- Nariman did a magni­ gant* who have got in their case a sub­ ficent job stantial question but are unab1e to take it to the Supreme Court because of financial SHRl D.K PAND\ : The members diflS ml ties should take serious note of the fact that som* very important an 1 responsible Con­ This ts an important Bill no doubt and gress MPs have written to the Prim* Minister I welcome it It also highlights the import­ asking whv the Attorney General or ance of the Supreme Court, It relieves the Solicitor General was not even bctn* con­ Supreme Court of need’ess appeals and it sulted in this case On the other hand, one wi'l be now confined to a field that it can Shri Nariman was appointed ** decide important questions of law wn h become the law of the land For ihis SHRI R D BHAND\RE (Bombay purpose, rt is of utmost importance that Central) * Sir, on a point of or ier Ourino; the confidence and integrity and independ­ the course of the speech, the hon M mSer ence of the Supreme Court shoild be mentioned ** That ought to be delettd strengthened But I am sorry to bring to the notice of this House that something has MR CHAIRMAN That is true No bien discussed about favouritism and nepot­ such statement should be made against a ism in the very corridors of the Supreme person who ts not present in the House. Court as to how the l,aw Ministry it func­ tioning SHRI S M BANERJEE Sir, I rise on a point of order According to Shri Bhandare, Shri Panda has mentioned a SHRl A K SEN This is bid. particular name According to the ruling MR. CHAIRMAN What has been you have just now given, a person who is discussed in some corridor dv>e> not become not here shou d not be mentioned because authentic here If you mean to say that he cannot defend himself This morning the Supreme Court or High Court judges we had been mentioning President Ntxon. are acting under the influence of the Law Is that also improper ? Further, Shri Ministry, you should not sa> that, (inter­ Nariman is the Assistant Solicitor Gene a . ruptions) Can we not mention his name ? SHRl D K PAND \ Even fa the case MR, CHAIRMAN . I am not allowing of the Newspaper Control Older, which was it in the record the concern of the entire nation and which was passed to defend the freedom of expre­ SHRl D K PANDA * I have mentioned ssion of the smaller papers, who was only bare facts m the House ** engaged to defend that order ? It was Mr. Nariman. MR CHAIRMAN Do not repeat it when I have not allowed it, MR. CHAIRMAN : How Is it relevant ? Who is engaged and who is not engaged is SHRI D K PANDA : If the fountain the business of Government H >w does, it of justice is to be main’a ned at pure as coihe within the purview of this discussion * purity Itself, m the greater cause of the nation why shou'd not the Attorney General SHRl S,M, BANERJEE : What was or the Solicitor-General be consulted and wrong with the Attorney General? When why should they not be engaged. Hon. the Government’s order was challenged, Members are well aware of the fact that *ke Attorney General should have been when the Tatas and Birlas were in the engaged, proems of defending the privy purse case, not only the AUorney*Genetaf and Solicitor m . CHAIRMAN; Vou cannot rise Q m ral but also the present hon. Minister*, Jjfe Alw*yi you are in the habit of *** 1' 1 t r r -|-i L,|. I,' .■■■■„■ ir, ...... -...... f, . Shri Mohan Kumarttmangalam and Shri as ordersd by the Chair. CamiftatiQtt

■ :>ei t-cr very ■■:. resppmible ■ Supreme W ■ '0 e k d the -cause. ■ member# who afe,*ls&,::far!te$^M: ; U ^ j m ; ■ ■■■.r*S{ was' a big case on ita' -7n«i«k» :oif. tlt^ gLoiwfc*n^«^t;^ rajas in the to do justice to the case. privy purse case, Withthesewords, 1 supportthe Bflh :-:,':V:?' -nbcf'-. araaB ease .at. iesst, those lwo person* could have been MR. CHAIRMAN : Shri l>. etfgagedv l would also draw the attention Bhandare. of thc House to another thing, that Shri SARI SHYAMN ANDAN MTSHRA ; then, We may have to go beyond 3 MR CHAIRMAN : 1 am not allowing O.CIrck. This is a very important Constitu­ }X^^$mtrruptbns) tion amendment. K PANDj^ : - who is MR. CHAIRMAN : My difficulty is really very competent, who is a very this. If the Members confine themselves to capable person—absol u tely there is no the s

♦♦ Expunged at c»ded by the the 217 C o rn u a o n SRAVANA 26, 1*99 (SAXA) (SOtk4d m .) Bill 218

To my &rp*t surprise, *fter going through Broadcasting is headed be tjie Prime the scheme as hat been incorporated in the Minister. There is nothing unparliamentary. Advocates BUI, I find that there is so much Please do not impute motives to what he lacunae left in chat scheme that the whole said. scheme ought to he recast. Two points must he borne in mind: one. is that the SHRl R. D. BHANDARE : T am not responsibility to give legat aid to the poor imputing motives. U is not befitting to the and the needy rauit rest with the Bar dignity of the hon. Member; it is not Council; the second Po nt which I would befitting to the digiity of the House it is fun like to suggest in this connection is that befitting to the Institution of Pailiamentary the Government must come forward to democracy under which the Prime Minister constitute a fund from which the advocates is the Leader of the Party, of the Majority who would appear for the needy and the and therefore of the House and «f the Poor should be paid. nation. I therefore, submit, that that sentence should be deleted. Another point was raised regarding the lawyers fee. I do not know whether my SHRI D K. PANDA ! It was not my fiiends have really understood the basic intent on; I did not use it in that sense. principle which governs the relationship It is a matter which pertains to the port­ between the client and the Jawye . So long folio held by the Prime Minister* as property is the concept of the base of MR. SPEAKER : That is not an expre­ the society, then the sanctity of the contract ssion in good taste. I was not here then. will necessarily step in. ( Interruptions) I would like it, provided all the parties SHRI D. K. PANDA : 1 did not use arc prepared to abolish private property. it in that &ense. (Interruptions) What I was suggesting was this. So long as the concept of private property is there, MR. SPEAKER : Order please, will he along with it the ^sanctity of the contract kindly sit down ? He may not have inten­ steps in. Therefore, under what law can we ded something, but the expression evidently prevent the relationship based on ft/cs seems like that. It is not in good taste. between the client and the lawyer 1 It will be deleted. Therefore, my advice to ray friends ts that they should mot talk of a matter which Now, Shri Shyamnandan Mishra. has no basis, which has no relevance, so liar as this Bil) is concerned. SHRI rSHYAMNANDAN MISHRA (Begusarai) : Mr. Speaker, Sir. I have no SHRI S. M. BANERJFK: Am I to hesitation in saying that, broadly, one wou'd understand that you want that to be like to agree with this measure. In princi­ continued ? ple particularly there is nothing objections- b'e about it. In fact, the way in which the SHRI R. D. BHANDARE : You financial magnitude of ,the subject matter destroy the ba*e; and the whole top will an the basis for appeal is sought to te be destroyed* abrogated, it j$ to be welcomed by all of us. I would now like to refer to the last sentence which was uttered by my hon. That does not mean that one should ft lend, Shri Panda. He says if there is a deprive oneself of c’oser scrutiny so for as litigation going on in the Supreme Court this measure is concerned. There is no and If the Government is defeated, then he doubt about one point—and this has been used a terminology which was not befitting repeatedly emphasised by ,bon Members, tp the dignity of the ttoua*, to the dignity that right to appeal on financial ouai fieatfon of ih t Merrfber and totfie dignity of the ghes io>pe for vety very trMal and m'atl* heft, tyto* MM** r> He Stfid that if the vfety smaller letters going up Uefons the Government was defeated. ** Supreme Court Financial quafiqMirti alone is enough in some cases; merit does not #** « w i t m m tp% 'Tfcewfcw*, to that. 'th at this is done f ^th, I wc’oome this measure, ^ *# *1 c f a i r ^ i ...... r 1912 ' : fSh ri Shyamnandan hlishr*} also with thegeneral right to appeal to the Supreme Court in defence of Fundamental May I submit that* in seeking to do Rights. away with Art, 133(lXc) we are throwing away the baby with the bathwater, I think, Since it is proposed that only in cases hon* Member a it clear in their minds as to involving substantial question of law of what.Ari 133(1) (c) implies. That means, general imoertan e, an appeal shill lie to the High Court court could give a cer­ the Supreme Court, it takes away substan­ tificate Of fitness which has wider dimension, tially the right which is of a wider nature wider horizon that concerns not only the a> embodied in Art. 133(1) (c) of the Cons- question of law, but of ge.ieral importance. ti ution It h e’ear that the question of ‘fitness* in C :ause (c) has no connection with Whatever qualification you might add to a substantial question of law being involved. It; it means a matter substantialy of law. That is very clear. In the paragraph that is Oetitral importance beirg added io it docs added to art. 133. it is clea ly mentioned not widen the horizon to the extent that it that there would be other cssss involving was in Article 133(1) (c). In my opinion question of sub»tantiai law. It docs not Art 133 in the forty-fifth report of the Law Commis- religious rights of the minorities, the right sion. ’ to take out procession on a particular day. control and management of religious shrine., Before I go to examine the pr -)vis:ons endowments and so on.* How are these of the Bill in greater detail, may I repeat cases going to be covered if you are going what 1 implied through the point of order to base it completely on question of law, of that ! raised Only this mo-n:ng ? I would general importance ? This is some-thitg like to express my doubts whether it was which requires much greater consideration. proper, in the first instance, to have consul­ 15l>rs. * ted the Chief Justice of India in this mittcr, I woa’d like to go on record, so far as this A point has been made that under Art. matte is concerned. It is the Supreme Court 136, the Supreme Court has an unfettered Of India which will ultimately have to decide right to entertain appeals. In Raliial Versus what scone is left for entertaining appeals Ranchodbhai, the Supreme Court held that vafter this amendment. Secondly, I have in an appeal by special leave from the deci­ rav doubts whether the name of the Chief sion of a High Court under Section 115 of justice should have been used in the to the C P. C, the powers of the Supreme ttianm in which this is sought to be done. Court were circumscribed by limitation placed Thirdly, l also wonder whether the Chief on the powers of the High Court under Justice of India would like that his name Section 115. On technical ground the Sup* Should have been mentioned up in this rerae Court could grant special leave but it J ^ ^ '- w h k s l i might have the effect of over* could not grant speciaMeave with regard to : tfce: Members and preempting the a matter of substance. There fto remedy in this honoura- available to the appellant. You $*y ■ " therefore that Art..: iS$;. available to any person to go to the Sup­ the provisions of the BM, ;1 .. reme Court. I think tint it would to* much the better if the Law Minister confined. hirasel to the recommendation made by tfee Law Owantfsikfe in its Fcnty-fourih Report. 221 C

th e only change that occurred in the ral importance and where wi the op mon of Law Commission was that there was some the High Court, &uch question needs to be change la the personnel; (here was a new decided by the Supreme Court. I have got chaiiman of the commission, but it may be no objections to the proposition that only that some other members remained. But those ca&es wh.ch involve substantial ques­ one does not quite see the justification for tions of law should go to the Supreme altering the recommendation of the Law Court. But I have got n.y grave doubts Commission as contained in its 44th whether the High Court will grant leave on report. coming to the finding that the case is one which needs to be dec ded by the Supreme So, I would like the hon. Minister to Court. For, the word ‘needs* connotes a consider even at this stage whether it would certain amount of compulsion The High uot be possible to conform to the recom­ Court( after adjudicating upon a case may mendations in the 44 h report instead of say that this a case which is fit for goirg seeking to lestrict the horizon of appeal as to the Supreme Court or it is desirable that is sought to be done through the new the Supreme Court should give the final amendment. The new amendment is opinion in the matter, but I have my grave restrictive and it might very adversely affect doubts whether the High Court will cert fy the rights of the minorities in particular and that it is a case which needs to go to the also the general right of appeal to go to the Supreme Court. Supreme Court, wh.ch to my mind is a basic constitutional right. In the 45th report, the Law Commission has laid down four or five propositions in SHRl D1NFSH CHANDRA COSWAMI order that a case may be refer ted to the (Gauhiti) : I welcome this Bill which brings Supreme Court. For example, cases where fouh even on a point of law which has been argument that could be advanced in favour decided by the Supreme Court, the H gh of the valuation test is that a man who has Court mav feel that there is scope for a greater stake or the subject*matter of further reconsideration, and in such cases, whose dispute relates to a gieater amount leave should be granted so that the case can of money and, therefore involves a greater go to the Supt erne Court. If the word ng stake, should be given a right of appeal to of the Bill remains as such that only when the highest co irt of the land. But if one the High Court is of the opinion that the mikes a close sc'u my one would find that question needs to be decided by the Supreme this argument is absolutely illusory because Court will the High Court be entitled to the question whether property is really grant leave, then suppose there is a case valuable to an individual or not is dependent where there is a standing pronouncement on the valuation of the property. For a by the Supreme Court; the High Court may man who is a milli< naire, a property worth legitimately feel that tl e judgment of the Rs. 20.000 may be of much less va ue. But S 'preme Court needs reconsideration, but in case of another man wi.o is a poor man, when there is a judgment of the Supreme even a property worth Rs. 500< wou'd be of Court which under article 141 of fre Consti­ much greater value and there w 11 be much tution amounts to law, how can they say at stake for him. Therefore, I am g'ad that it is a case which needs to be decided that the artificial valuation test wh ch had by the Supreme Court ? In view of the been laid down m the Constitution has been fact that the word 'needs* connotes a certain done a way with, and I fully welcome it. sense of compulsion, 1 feel that it would have been better if the earlier recommend* But by this amending Bill, not only has ation of the Law Commission that a certi* this been done, but a change of procedure ficate to the effect t&at the case is a fit one has alio been affected. A new c ause has for appeal to the Supreme Court shoul^ be M b added whidh says that only those enough should have been maintained. cases will be allowed to go to the Supreme Court hy way of leave a t appeal, which f support the Bill. At the tame time tmatfe iubstatitla! questions & tew of gene­ 1 want, to add Atte thing that it is tmfortu* ■-v- The jiinister r-;^;ittf i|W ::'ibW-: .'fcaiHi ■ Curtail thenuroberof appeah $ 0|e«|:r; .kt!‘ ’ theaames Obwrt merely on the ground 0H axi.:^/, ofcer^ampertons weredragjed in whohad • satisfaction of D evaluation test. I have no opportunity to defend themselves here. my own doubt about ■: ii, because even" in ' ■ : i One hon. Member said thirt if a jwrtlailar small cases Where the amount is small subs­ * ■ ' ■ ' -'^|f5r^-'WSKw by the Supreme tantive questions rdt tow may be involved which may have to come to the Supferaie Court. D'.y;: ; it|fe'la^s ;WhIcff are passed' by by the Supreme Any way. Vsing a Sill which remove the ■ /-:!><&» 'it tn«an>* ‘: discrimination between rich and poor as the statement of objects and reasons says* I support the measure. to N - MEMBER : That has been dieted. THE MINISTER OF LAW AND JUS­ TICE AND PETROLEUM AND CHEMI­ > SHRI DINESH CHANDRA COS- CALS (SHRI H.R. GOKHALE) : I am WAMI : 1 am sorry. I leave it there. very grateful to hon* Members for having wholeheartedly supported the proposed I fully support the Bill and hope the Law amendment. In the course of the dis­ Minister will also consider whet tier the cussion, , jnany points which were relevant Word 'heads* may not have an adverse effect and which coitained useful suggestions on the right of appeal in those cases where were made, la m very grateful for that. eventhe LawCommisskmfeel 4 that leave Quite so many others thing* were atso said of appealsshould be allowed. which have really nothing to do with the proposed amendment. Therefore, I pro­ SHRJ o ; V1SHWANATHAN (Wandi- pose to be very brief in dealing with some wash) : I agree with the object of the Bill major points which go directly to the >. ques­ that the amount or valuation of the subject* tion whether the measure which is brought matter in dispute should not be the basis or is a proper measureor not. qualification to file an appeal before the i^fMaie Court, All of us agree that there It was generally ay esi that the bissis on should be no discrimination between rich which the prase.it right of appeal rests, and poor before a court of law, especially namely, valuation or property has always Supreme Court. If we ajree been a basis which led to discrimination . justice is very costly, to get between the poor litigant and the rich liti­ justice from the Supreme Court is stfl gant, could never bs justified. A* one'hon. ■ v-vA-|m>r;xniim willhave to engage member rightly said, this is a legacy of the < ^ |(^ e r'b y paying fat fees and if he comes #ast which the Britishers left In thi* old from # distant place, to maintain himself in Civil Prbaeiure Code and which w henthe very costly. People like Constitution was framed in f W we almost from the 'south, will".have'to bodily incorporated. It is true that in mites to file cases before many Of the other countries, including ■ Court. You know ■ how costly countries Which a renm socialist. the ba$i* ' u»-'to- com* aifthe way from the of valuation of f^ojjerty for the right of sbuth and' stay in Dftlhi, Hence jf* you «p>t»al ■ *»*nciple justice■' in ' the tasfcen ;away. r,-;1^nrfore, V-I ^ d o -'n ^ v :;# ^ v ’. \ SufMwme OJurt should not be costly, Govern- there is. or can be, any dispute that this rafittl shoufd think of measure whereby measure was overdue/ I am glad that we ib&e can He a Bench of the Supreme Court have been able to bring it before th^ffoU»e littmg in th* $oftth. thfeytnay select any for consideration on this occasion. " . /pitoce^ Trivandtnm, Bangalore, Madras or Hjtiecafead. Buft th««should be a separate It was ,a«1d that sM* doing aq/we Beochof the Supreme CojUrt in the south. should automatically liave for a ■ ordaredt 225 Omstitmtoft SRAVANA 26, 1WI (S4K4) (30th A m *.) Bill 225 righ t of appeal in certain cates. It was resulted in failure. Therefore, ! am grate­ suggested that in service matters and in ful to the hon. Members for accepting that labour matters there should have been an the principle Underlying this Bill is a correct appeal as of right. Let us n 't assume in principle. making this argument that in aU service and labour matters there is merit. Out There 1 entirely agree and 1 am grateful to the are matters and matters. There are service hon. Members for referring to an allied matters wherein there is great merit. I am matter, which is also an important matter, sure that in such cases even under the pro* namely, the matter relating to making a posed provision, those matters will be able provision on a comprehensive basis for a to come to the Supreme Court. In labour scheme for legal aid to the poor. matters, the same would applv. Now. the There can be no two opinions on this issue* hon. Member who is himself a very em ncnt I am glad to tell the House that a compre­ lawyer and who made the suggestion, refer­ hensive scheme for legal aid is at present red to the right of appeal being taken a vay. being worked out. In fact, some provisions It is really not taken away, because article were made in the Advocates (Amendment) 136 and article 32 of the Constitution are Act which is now be fere the Joint Committee yet left untouched. As hon. Members 1 found that the provision was in the nature know, most of the service matters which of an eye*wash, because it only tried to say come to the Supreme Court are either on that something for legal aid was being done. appeal in write petitions under art cle 22b In fact, it contained nothing and it would filed in the high court or are by way of not have enab’ed anybody to get legal aid petitions under article 32 relating to article from that scheme. I had occassion to say 14 or article 16. Thu right still remains. it in the Committee, and 1 did not want to It is not at all affected by the present come before the House and put something amendment. All that the present amend­ in the name of legal aid which realiy is not ment seeks to do is this. Now, in th; legal aid. I w?uld like to come before the present-day circumstances, my own fee1 mg House with a comprehensive scheme of legal is that it was never justified even in the aid, not in respect of the High Courts or past, but even in the presen '-day circum­ the Supreme Court only. Becaute, the real stances, to say that merely because a person stage where legal aid is necessary is the has property worth so much, the appeal stage where the litigation starts, and that is, should lie, is not proper. At that time, at the taluka lev.-l, namely, the bottom level it was Rs. 20,000 and sometimes, it was where the people are helpless and are at thought that it should be raised to Rs 1 the mercy of some unscrupulous lawyers or lakh. But the question is not that of R«.. some other people who are interested in 20,000 or Rs. 1 lakh but it Is one of fostering litigation. Therefore, there can principle, the principle being that the high­ be no two opm ons that it is the duty of the est court should be approached as of nght Government to go into the question very not only because the person claims to have carefully and bring a comprehensive scheme property valued at a certain level, but on for legal aid. other grounds. The experience of the courts, and of those who have functioned I agree that there is a great accumu­ as lawyers and judges, has consistency been lation of cases. That was also one of ths that appeals which came to the Supreme po’nts referred to by my friend Shri Ontter- Court on the basis o f this so-called auto­ jee and other hon. Members. Now, I matic right o f appeal, based on property, never claim and I possibly cannot claim have invariably failed, because there was no that the present amendment is the be»att- merit in them and the courts which had and end-all of or that we want to do for gone into this had come to the conclusion; curtaining accumulation or the backlog of merely because the property value was cases in the Supreme Court and In the other m oie an appeal o f necessity arose courts. I agree, as some hon. Members in the Supreme Cow* on a certificate being paid, that an integrated approach has to be granted fcy tte High court, and sp nwnh tygde to tUt* problem, I am glad to mention ttaewa* taken and so n^ch money was before this House that this question is being by t o ?•*<«•. wMiHpiMutttlttt 90 atttt&ed *t several levels. T*ie evil of at » pu fm «t ft* utthwMy accumulation of arrears is being attacked I do n o tated 1 pnbtic ittiift« We’ittBtitewfct %■':.■■ ^ jf e t# ; iooJy one small SO. Bat,, tel ut ctime to a iBM»«r it' ;w«s ■ bfiflg taken to the Supreme Court. At $*?d in the proposed amendment an appeil ■.' lesftJawyer Members know that this expre: must lnvoive a ^uejftioa otf . law tif igetwtal; . 4sio&ha$ almost become a phrase of art* importafteej it shouW fee generai . ft has come in, for interpretation In a imporiartt which needs to be t ^ ^ ' . a ti# e r cases right from tl • Privy Cqun- SOpi^OMiri, ^ J J a th e old dciys to the Supreme Court. ' '^...;S^preLtti 9 Cburt later on said' that ; ' ■tijjidiefci ‘ the l^ncfiiMp was f. widi, it m iih t ■ MiCIl IWXV . * i^ y : eases jnvoliing &ut*taii*tial ^uestibn .wWW''‘ • ''HIHBW^yr ppPwiif' ; ..';^'|im;«ik^«thea It said., substantial fjuefciofo, Is d»e MwrUa^MlySj|ttdfet»v ■■■; ofJaw involving public br private import* metitt Is .■. ance. . - jwM»B»wry * ; SRAVANA26, } m (SAXj) (30th M#t) Ml 2&

vfyttih neqfc to be taken to the Supreme Court, in fact this was one step which was Court. taken which showed great respect tothe Supr^ne Court. SHRI SHYAMNANDAN MISHRA $ th e hon. Law Minister Mm pleased to fay SHRJ SHYAMNANDAN MISHRA : that it would he a matter both of taw and Have 1 said that it shows disrespect to the feudal importance. It does not read tike Supreme Court ? In fact, what I say is that that here. It says : substantial question of Supreme Court would suffer if too much law of general importance. It does not widen respect and attaention is paid to it, as yon the scope. are doing.

SHRI H. R. GOKHALE : It does not MR. SPEAKER : In your speech lat* widen. The intention was that; disputes on you said, his name was u*ed for over-awing facts howsoever substantial they may be the members. If the op.nion of the Chief which could be certified as a fit case for Justice can be quoted as over-awing us, I appeal to the Supreme Court are exactly think we can be ovcr-awed by many other what are intended to be obviated by this factors, f do not see any harm m his name amendment. That Is where it is intended that being mentioned out because that is used by the High Court should be the final court of the Law Commission. appeal. It there is a substantial question of law of general importance, the High Court SHRI SHYAMNANPXN MISHRA • I will certify that it will go to the Supreme have not used the word “disrespect*’. Court for a final decision. Somewhere we have to accept some finality. MR. SPEAfCER : You have not. Why do you lose your temper ? I see frowns on SHRI SHYAMNANDAN MISHRA : your forehead always. I request you to How is a matter relating to religious cere­ speak in a normal manner and in a patient mony going to be covered by law ? manner. Why do you frown at us ? We are all amenable.. SHRI H. R. GOKHALE • If it is a matter of religious ceremony, it can be a SHRI SHYAMNANDAN MISHRA : matter of general importance. In fact, it is the Chair which is not proving to be considerate. SHRI SHYAMNANDAN MISHRA : It would be a matter of general importance MR. SPEAKER ; If you do it once in but not a matter of general importance a while, it is all right, but not every time. concerning law. SHRI SHYAMNANDAN MISHRA : In SHRI H R. GOKHALE ; Sir, are we fact, the Charr has to sfeaw more Considera­ arguing a case in a court of law ? tion to the Hou e. MR. SPEAKER : No counter arguments MR. SPEAKER : I deliberately avoid should be there. After all, there are legal looking at you because of your frowns. interpretations. SHRI SHYAMNANDAN MISHRA : SHRI H. R. GOKHALE : These You must tell him that he should not inter tersare ultirotely left for interpretation by pret me like that. its. This provision will come in fete interpretation by the Supreme Court and MR. SPEAKER : ! have said fh*t various Hip$ Courts. * am not giving any you did not lay it. Why do yju q; arrel interpretation. I m ju»t giving the back* over It? ground underlying proposal for amend­ ment of the Coft^itotton, SHltl H> R. GOICftALB : Some might sqy th ri the powers of Ute Supreme Court Then it was said that the L«w Cbftimi* w W fcihg curtsied because d t this amend* tttop consulted the Cbtef Justice of fotia, xneqt. ft Has boeti the pfittttee all along— *h» had personally ^KprowMd the vfow that the previous L«w COmmissfon also consol- tttt U a n«*«iu*y amendment. Far from m f it dMirf Justice Ird the Pwsfcnt Law m SmmWlb the supr W W *hti c o n s u l theCSilef lu*ttce have mjpUlo' ■ ■. ■'« who originally expressed a doubt about the because this was a matter which affected capacity of this gentleman, J*ter o» they ^r^/ti^^lwrisdiiai^ii;' of (he Supreme Court. came and told me We are sorry, we had ■v Therefore, ■ \i; ;was a courtesy which". has . not heard him earlier in a matter Itike thta always been extended in the past. Even and that is why we complained”, One thing ■ - - /l^ri^issibn' has said that' to which 1 must plead guilty is that he is ■::.' cti&S.^.personiWjr _ expressed his young; I cannot help it. But it is a fact opinkmthat this mea ure was veryn ecessa y. that he is one of the be it lawyers in thfc This does not disable (he Sup/eme Court, country today Go to any member of the when the matter comes before the Supreme Surre ne Court bar and he will tell you :• :'Cdiw:t*'■'$&•:• ibwsrjifret this particular draft what an excellent job has been done by vthteh ym have put and which has been this ge ntleman. ':;:TO^j^t«hdt' -by■.the. Hou»e: fn■ the way it like*. Therefore, 1 am unabte to agree with thi* 1 do not want to talk about the ratr.is view that we should not, even in matters of t m ca t because the judgment is yet to wjvertwe afe dealing with the jurisdiction come, Various opinions appear in the of the Supreme Court, consult the Chief papers, some said to be for the favour and Justice of India. s me said to be against the Government. But that is not a matter in which I should SHRI SHYAMNANDAN MISHRA : expire s any view because the whole matter We cannot agree with th s view, is sub judce All I can say is that I had been in touch with this case from the very SHRI H. R. GOKHALE: Many other beginning and I can say with the fullest points have b en mentioned which really sense of responsibility that the case, under ; |^ : n o t : 'l ^ main question. But the circumstances, was entrusted to the test * softie kind of aspersions were cast and I of our law officers. This was the only ihinfc it is necessary to refer to only a few point which I wanted to deal with. I thank o f them. the hon. Members for supporting this Bill. ; 1 come to a recent case which was argued in ti c Supreme Court re’ating to MR. SPEAKER : Before I put the the Ptess Bill. Here I r.eed not be apolo­ Constitut on (Thirtieth Amendment) BII getic about it at ail; ( may mention as a to the vote of the H:»u«e I have to inform matter offact that this case started here you that his being a Constitution (Amend* in the Supreme Court, if 1 am not wrong, ment) Bi’l, the voting has to be by : on the J9thcf July. Thecourt itself reope- Division. Let the Lobb es be cleared. , tied after the vacation on the 17th of July. The Attorney-General of India who wou d The Lobbies have been cleared. normally have been briefed, was away The question is : outside India and had not returned till the “Thtt the Bill fu ther to amend he 14th or Ifth of July. The new Solicitor- Constituron of India, be taken into consi­ General had not taken charge till the 17th deration/* of July. The preparation in a case of th.s nature had to be made at least a month or The Lok Sabha divided: ; six weeks before the case actually came Division No. t) AYES (IS.33 ibr hcaring because the instructions had to ^btiiilcd ffom the department for filing Achal Singh, Shri / the affidavit containing the entire view of AfzaJputkar. Shri Dharamrao ;v '-ip W im e » t'.' T ^ lawoflkser who was A^a. Shri Syed Ahmed at thattime and who. in my view, * Agiawal, Shri Shrikrishna ;|^ * r o ^ ^ . 't h e best lawyers, in the'.country, Ahirwar, Shri Nathu Ram d^alt With this matier and prepared the Ahmed, Shri F. A. am very proud to say that ■. , . . ■ j . ■ tlia» ■ Even : :: j complained to me earlier—I m talking of m ? ^ ? s 0f C!.Ap^l|tria|4it*'K-i'f f i y \ tie ba% tcme cf cm a « supposed to : ^ ;a ^V: C tftm im lon SRAVANA 26, 1894 (SAKA) {30th M m .\ Bilt

Austin, Dr, Henry Das, Shri Dharnidfaar Awdhesh Chandra Singh, Shri Dasappa, Shri Tulsidas Axad, Shri Bhagwat Jha Daschowdhury, Shri B* tC. Aziz Imam, Shri Deb, Shri Dasaratha Bahugima, Shri H. N. Deo, Shri S. N. Singh Bajnai, Shri Vidya Dhar Deshmakh, Shri K. G. BaJadhandayutham, Shri K. Deshmukh, Shri Shivaji ftao S» Balakrishniah, Shri T. Dhamankar, Shri Banamali Babu, Shri Dhandapani, Shri C. T. Banera, Shri Hamendra Singh Dha amgaj Singh, Shri Banerjce, Shri S. M. Dhar ia, Shri Mohan Banerji, Shrimati Mukul Dhusia, Shri Anant Prasad Barman, Shri R. N. Diresh Singh, Shri Baiua, Shri Bcdabrata Dixit, Shri G. C. Barupal, Shri Panna Lai Dixit, Shri Jagdish Chandra Basappa, Shri K. Doda, Shri Hiratel Ba&umatari, Shri D. Dube, Shri J. P. Besra, Shri S C. Dumada, Shri L. K. Bhagat, Shn H. K. L. JDutta, Shri Biren Bhagirath Bhanwar, Shri Dvrivcdi, Shri Nageshwar Bhandare, Shri R. D. Engti, Shn Bfoen Bharfava, Shri Basheshwar Nath Gandhi, Shrimati Indira Bhatia, Shri Raghunandan La) Ganesh, Shri K. R. Bhattacharvya, Shri Dinen Gangadeb, Shri P. Bhatiacharyya, Shri Jagdish Garcha, Shri Devinder Singh Bhanacharyyia, Shri Chapalendu Gaucam, Shri C. D. B.iaura, Shri B S Gavit, Shri T. H. Bhuvarahan, Shri O. Ghosh, Shri P. K. Bist, Shn Narendra Singh Gill, Shri Mohinder Singh Brahmanandji, Shri Swami Giri, Shri V. Shanker Buta Singh, Shri Godara, Shri Mani Ram Godfrey, Shrimati Mk Chakleshwar Singh* Shri Gogoi, Shri Tanm Chandra Gowda, Shri D. B. Gohain, Shri C. C. Chandra Shekhar Singh, Shri Gokhale, Shri H. R. Chandrappan, Shri C, K. Gomango, Shri Giridhar Chandrashekhrappa Vecrabasappa, Gopal, Shri K. Shn T. V. Goswami, Shri Dtne&h Chandra Chandrika Prasad, Shri Govind Das, Dr. Chat terjee, Shri Somnath Gowda, Shri Pampaii Chaturvedi Shri Rohan Lai Guha, Shri Samar Chaudhari, Shri Amar Singh Gupta, Shri IndrajiC Chaidhary, Shri Nittraj Singh Haider, Shri Krishna Chandra Chavan, Shri Yeshwanirao Han«da* Shri Subodh Chavda, Shri K. S. Hari Kishore Singh, Shri Chawla, Shri Amar Nath Hari Singh, Shri Chfcltachami, Shri A. M. Hashim, Shri ML M. Chhotey tat, Shri Hazra, Shri Manoranjan Chhutten Lat, Shri Ishaque, Shri A. K. M. Chhtibabu. Shri C. Jadeja, Shri D. P. Choudhary, Shri B. E. Jamiiurrahman, Shri Md, Choudhury, Shri Moinul Haque Janardhaaan, Shri C. Daga, Shri M. C Jeyalakshmi. Shrimati V. Dalbir Singh, Shri Jha, Shri CWranjib Dalip Sirgh, Shri Jharkhande Rai* Shri Darbara Singh, $hrl Jitendra Prasad Shri Das, Shri Anadi C H m Joarder, Shri Dinesh * ■ Modi. S M 'M W '. ': ' K*d »nn*pp»Wi,Shij M«wdwidnu«' Mody, Shri Pii^0 w t e S w * ;'::•■ T: • Mohammad Yusyf, Shri lUh*JMlolt, Sh« Z. , ’ . Mohan Swarup, Shri Mohapatra, ShdShyani: l^ o d k a t, SWi Puru»l>ottanfi Mohsin, Shri F. H Muhammed Khuda Bukhsh, Shri Munsi. Shri Prtya Ranjan Dm Murthy, Sh i B. S. Kamala Prasad, % j Nahata, Shri Amrit Kamhle.Shri T. P. Naik, Shri B. V. Nanda, Shri O. t . #m l* Xpwufr Ku^ari . Kapur, Shri Sat Pal Negi, Shri Pratap Singh Karan Singh, Dr. Oraon, Shri Tuna Kasture, Shri A. £. Pahadia, Shri Jagannath Kaul, Shrimati Sheika Pa inula, Shri Paripoajrnanand Kavde, Shri B. R. Palodkar, Shri Manikrao Kedar Math Singh, Shri Panda, Shri D. K. Pandey, Shri Damodar Khadilkar, m It. K* Pandey, Shri Krishna Chandra Kinder Lai, Shri Pandey, Shri Narsingh Narain Kiruttinan, Shri Tfcg Pandey, Shri R. S. Kisku, $fcri A. JL Pandey, Shri Sudhakar Koto^i, Shri Lil*4gi&r Pandeya, D r. Laxminarain Kotrashetti, Shri A. K. Pandit, Shri S. T. Krahnan, Shri M. K Panigrahi, Shri Chintamani KunmramAJ^aiaia, Shri S. Mohan Pant, Shri ft: C. KureeI. Shri B. N. Paokai. Haokip, Shri Kushok Bsfc#{a, Shri Parashar, Prof. Narain Chand LakshmikanthaA>tna* Shrimati T. Parmar, Shri Bhaljibhai Lakshminarayanan, Shri M. R. Partap Singh, Shri Lambodar Baliyar, Shri Parthasarathy, Shri P. Laskar, Shri Nih»T Paswan. Shri Ram Bhagat tuifil Haque,Shri Madhukar, Shri K. M. Patel, Shr* Arvind M» Patel, Shri Natwarlal Mah^an, Shri Vikram Patel, Shri Rajnubhi Mahajan, Shri Y. S. Patil, Shi Auap^*o Mahata, Shri Dtfbendra Nath Patil, Shri C. A. Majhi. Shri Gajadhar Patil, Shri £. V. Vikhc Majphni, Shri Kumar Patil, Shri ftritftagrao Malaviya, Shri K. D. Patil, Shri S. B. Malhotra, Shri Inder J. Patil, Shri T. A. MaJlanna,ShH K. Patnaik, Shri Banamali MailikarjuD, Shri Patnaik, Shri J. B. Mahd*l, Shri Jagdish Narain Peje, Shri S. L . Mandal, ShH Yamuna Prasad Pillai, Shri R, Bal&Jfcri&hna ^:>lfesh«r^ S&ri k. ’ Prabodh C ^ d r a , Jferi . Pradhan, t e i p h |h miah ' ^ .

;Purt3^^ri';l4^C'■ f '

Mishra. Shri GJSf : t S S & SM u Mishra, Sfvrl Jgttgaatfr Ragho Raroaiaht Shri K. : fltai, Shrimati! s r a v a n a m ($am (3Oth Admt.) Bill

Bah adur, Shri Sayeed, Shri P* M, RaJdeo Smgh, Shri Sen, Shri A. K* R&i. Shri P. V. O. Sen, Dr. Ranen Ram. Shri Tutrarihan Sen, Shri Robin Ram Dhan. Shri Sethi, Shri Arjun Rita Prakash, Shri Sezhiyan, Shri Shafee, Shri A, R«tn Sewak, Ch. Ram Surat Prasad, Shri Shahnawaz Khan, Shri Ram Swarup, Shri Shailani, Shri Qiandhi Ramjr Ram* Shri Shakya, Shri Maha Deepak Singh Ramshekhar Prasad Singh, Shri Shambhu Nath, Shri Ram Singh Bhai. Shri Shankar Dayai Singh, Shrt Shankar Dev, Shri Rana, Shri M. B. Ranabahadur Singh, Shri Shankaranand, Shri B. Rao, Shrimati B. Radhabai A. Sharma, Shri A. P. Rao, Shri J. Raraeshww Sharma, Dr. Jfl. P. Rao, Shri Jagannath Sharma, Shri Madhoram Rao, Dr K. 1. Sharma, Shri Navwfl jdisbore Rao, Shri K. Narayana Sharma, Shri R. N. Rao, Shri M. Satyanarayan Sharma. Dr. Shankar Daya I Rao, Shri Nagwwara Shashi Bhushan, Shri Rao, Shri P. Ankmeedu Prasada Shastri, Shri V?sw»fc*fK$fen Rao, Shri Pattabfu Rama Shastri, Shri Ra}* Ram Rao, Shri Rajagopala Shastri, Shri ShetyRijan Shenoy, Shri P. R« Rao, Dr V K. R. Varadaraja Sher Stngh, Prof. Rathia, Shri Umed Singh Shinde, Shri Annasahet) P. Raut, Shri BMa Ravi, Shri Vayalar Shiva Candika, Shri Ray, Shrimati Mutya Shivnath Singh, Shri Reddi, Shri P Antony Shukla, Shri B R, Reddy, Shri K. Kodanda Rami Shukla, Shri Vidya Charan Siddayya/Shfi S. M. Reddy, Shri K. Rantakrishna Sufdheshwar Piasftd, Shri Reddy, Shn M. Ram Gopal Stngh, Shri Vfshwanath Pratap Reddy, Shn P. Bayat* Smha, Shn Dharam Bir Reddv, Shri P. Gatig* Stnha, ShH Nawat IHihore Reddy, Shri P Narasimha Stnha, Shri R, K. Richhanya, Dr. Oovind Das Siftha, Shri Satyendra Narayan Kohatgi, Shrimati SusKila Soikhi, Shri Swaran Singh Roy, Shn Bi&hwanath Sonar, Dr. A £}, Roy, Dr, SaradUh Stephen, Shri CM. Rudra Pratap Singh, Shri Subramaniam, Shri C. Sadhu Ram, £hri Sudarsanaro* Slfiri M, Saha# Shri Aj«t Kumar Sander Lai, Shri Salve, Shri N. K. P, Surendra Pal Singh, Shri Samanta, Shri S. C. SwnnMhgn, SAri ILV. SasnbhftH, Shri Mwmue Swamy, Shri Sidrapteahwar Saminathan^ Shri P. A. San*h», Shri N. K. Sankata Praaa*, : , S M 8 . Sant £ux Singh, $hri T«yyaVIVtWto»}0t^i Sa k«r« Shri Safcti, m m t Tewtftt, isinri» SfeaiHtar Sa hh m I w m * * ...... * to * 230 Constitution AUGUST 17, i m {30th AdmtJ) 0 ft Up

Tiwary, Shri K

Cfaifc'ejhwar StatfA. Shri 0 dara, Shri Mani Ram Chandra Onwda* Shri ©.*. Godfrey, Shrimati ML Chandm Shekhar Stefch* Shri Gogoi, Shri Taran Chandrappan, Shri C.K. Gohain, Shn C. C. €handra&*fcharapp* Veerafeasappa, Gokhate, Shri H. R Shri T.V. Goraaago, Shri Giridhar > Chandrika Prasad, S&H Gopal, Shn K. Chatterje*, Shri Somnath Goswami, Shri Dinesh Chandra Chaturvedi, Shri Rohan Lai Govtnd Das, Dr. Chaudhari, Shri Araarsinh Gowda, Shri Pampan Chaudhary, Shn Nitiraj Singh Guha, Shri Samar Chavan, Shri Yeshwantrao Gupta, Shri Indrajit Chavda, Shri K. S. Haider, Shri Krishna Chandra Chawla, Shri Amar Nath Hansda, Shri Subodh Chetlachami, Shri A. M. Hari Kishore Smgh, Shri Chhotey U l. fchri Hari Singh, Shri Chhuttcn Lai, Shri Hashim, Shri M. M, Chittibabu, Shri C. Hazra, Shri Manaranfan Choudhary, Shri B. E. Ishaque, Shri A. K- M. Choudhury, Shri Moinul Haque Jadeja, Shri D. P. Jamilurrahman, Shri Md. Daga, Shri M. C. Dalbir Singh, Shri Janardhanan, Shri C. Dalip Singh, Shri Jeyalakshmi, Shrimati V. Darbara Singh, Shri Jha, Shri Chkanfib Das, Shri Anadi Charan Jharkhande Rail, Shri Das, Shri Dharnidhar Jitendim Prasad, Shri Daiappa, Shri Tulsidas Joaider, Shri Dinesh Daschowdhury, Shri B> K. Joshi, Shri Jagannathra© Joshi, Shri Popatlal M. Debt Shri Dasaratha Joshi, Shrimati Subhadra Deo, Shri S. N. Singh fCadam, Shri Dattajirao Desai, Shri D. D. Kadara, Shri J G. Dcahmukh, Shri K. O. Kadanisapp4fli» Shri Ramachandran Deshmukh, Shri Shivaji Rao S. Kader, Shri S. A. Dhamankar, Shri Kahandofe, Shri Z. M. Dhandapani, Shri C. T. Kailas, Dr. Dharamgaj Singh* Shri Kakodkar, Shri Paruibottara Dharia, Shri Mohan Kakoti, Shri Robin Dhusia, Shri Anant Prasad Kale, Shri Dinesh Singh, Shri Kamafcshaiah, Shri D. Dtfcif, Shri O. C, Kamaia Prasad, Shri Dixit, Shri Jagdish Chandra Karobie, Shri T. D. boda, Shri H in d i Kamla Kumari, Kumari Dufee, Shri J. P. Kapur, Shri Sat Pal Duroada, Shri L. K. Karan Singh* Dr. Dutta, Shri Biren Kattnre, Shri A. S. Dwlvedi, Shri Nageshwar Kiwi, Shrintui Sheila fingti, Shri Bfren Kavde, Shri 8, R* Gandhi, Shrimati Indira Kedar Nath Singh, Shri Ottnesh, Shri K. R. Khaditkftr, Shri R. K. Gangadeb, Shri F, Kinder t a i Shri Garcha, Shri Davinder Sragh ICimttiNiM* Shri Tha Gautam, Sfcrf€,D. Kiskn,Shri A. K* Oavit/ShriT.H, m o k i t Shri Lflatfhttf

KriAna^ShriM:iC, OiriiShHV.Shtttor Kulkar.i,ShtiRaia Ktmaramangalam, Shri SV Mohan Pandey, Shri Sudhakar :;'^:X«^-Shrr'fiwf'Nv.'.; ' Pandey, Thri Tarkeahwar ' Kushok Bakula, Shri Pandeya, Dr. Laxminarain Lakkappa, Shri K. Pandit, Shri S. T. Lakshmikanthamina, Shrimati T. Pm grahi, Shri Cjaintamani LakshmInarayanan, Shri M. R. Pant, Shri K .C. Lambodar Baliyar, Shri Paokai Haokip, Shri Laskar.ShriNihar Parashar, Prof. Narain Chand Luifa) Haque, Shri Parma*', Shri Bhaljibhai Madhukar, Shri K .M . Partap Siogh, Shri Mahajcm, Shri Vikram Parthasaiarhy, Shri P. Mahajan, Shri Y. S. Paswan, Shri Ram Bhagat Mahata, Shri Debendra Nath Patel. Shri Arvind M. Majhi, Shri Gajadhar Patef, Shri Natwarlai Majhi, Shri Kilmer Pa el, Shii PrabhuduS Malaviya, S!< i K D. Patel, Shri Ramubhai Malhotr , Sh i nder J. Paiil, Sari Anantrao Mallanna, Slui K. Patil, Shri C. A. Mallikarjur, Shri Pas if, Shri E. V. Vikhe Mandal, Shri Jagdish Narain Pari!, Shri Kr'shnarao Mandal, Shri Yamuna Prasad Pati), Shri S. B. Manoharan, Shri K. Patil. Shri T.A. Maran, Shri Murasoli Pat naik. Shri BanamaJi Mehta, Dr. Jivraj Pat naik, Shri J. B. Mehta, Dr. Mahipatray P«ye, Shri S.L. Melkote, Dr. G. S. PiJlai, Shri R. Bafakrishana Mirdha, Shri Nathu Ram Pradhan, Shri Dhan Shah Mishra, Shri Bibhuti Pradhani, Shri K. Mishra, Shri G. S. Puriy, Shri M.S. Mishra, Shri Jarannath Qureshi, Shri Mohd. Shaft Mishra, Shri L. N. Radhakrishnan, Shri S, „ Mishra, Shri Shyamnandan Raghu Ramaiah, Shri K. Rai, Shrimati Sahodrabai M»sra, Shri S. N. Raj Bahadur, Shri Modak, Shri Bijoy R^jdeo Singh, Shri Modi, Shri Shrikishan Rrju, Shri P. V. G. Mody, Shri Piloo Ram, Shri Tuimohan Mohan Swarup, Shri Ram Dhan, Shri Mohapatra, Shri Shyam Sunder Ram Prakash, Shri Mohsin, Shri F. H. Ram Sewak, Ch. Muhammed fChuda Bukhsh, Shri Ram Surat Prasad, Shri Murthy, Shri B S. Ram Swarup, Shri Muruganantham, Shri S. A. Nahata, Shri Amrit Ramji Ram, Shri Rainshcktur Prasad Singh, Shri 8%ifefoik, Shri B. V. Rfmsingh Bhai* Shri ■ Shri G.., L. Rana, Shri M. B. 4^ Negi, Shri Pratep Singh Ranabahadur Singh. Shri Nimbalkar, $hri Rao, Shrimati B. Radhabai A. Oraon, Shri Kartik Rao, Shn J. Rameshwar Oraon, Shri Tuna Rao, Shri Jaganncth Palladia, Shri Jagannatfj Rao, Dr K. L.a: : Painuli, Shri Paripoornanand Rao, Shri K. Namywwi Palodfcar, Shri Manikrao Rao, Shri M Satyanarayati Pandi, Shri O. K. ■ R ao,Shii P Anfcine*duPra$ad* ; ie^iathfia-

V. |C, 245 Constitution SRAVANA 26, 1894 (SAKA) (30th Admt.) Bill

Rathia, Shri Vmed Singh Shaftri, Shri Sheop ijan Rant, Shri Bhola Shenoy, Shri P. R. Ravi, Shri V ayalar Sher Singh, Prof. Ray, Shrimati M&ya Shmde, Shri Annasaheb P. Reddi, Shri P, Antony Shiva Candika, Shri Reddy, Shri K. IjLodanda Rami Shivnath Singh, Shri Reddy* Shri K. Ramakrishna Shukla, Shri Vtdya Charan Reddy, Shri M. Ram Gopa.1 Siddayya, Shri S. M. Reddy, Shri P. Bayapa Siddheshwar Prasad, Shri Reddy, Shri P. Ganga Singh, Shri Vishwanath Pratap Reddy, Shri P. Narasimha Sinha, Shrt Dharam Bir Reddy, Shri P. V. Sinha, Shri Nawal Kishore Richhanya, Dr. Govind Das Sinha, Shri R. K. Rohatgf, Shrimati Sushila Sinha, Shri Satyendra Narayan Roy, Shri Bishwtnath Sokhi, Shri Swaran Singh Rudra Pratap Singh, Shri Sonar, Dr. A. G. Sadhu Ram, Shri Stephen, Shri C. M. Saha, Shri Ajit Kumar Subramaniam, Shri C. Salve, Shri N. K. P. Sudarsanam, Shri M. Samanta, Shri S. C. Sunder La1, Shri Sambhali, Shri Ishaque Surendra Pa! S

Mfc. SPEAKER: fhe teault* of the Bahuguna, Shri 0 . N. division i s : Bajpai, Shri Vidyi Dhar Baladhandayutham, Shri K, AVfiS—175; NOES-A// Balakrishmah, Shri T. Banamali Babu, Shri The motion it darted by » majority of Battera, Shri Hamendra Singh the total membership of the House and by Banerjce, Shri S M. a majority of not less than two-thirds of Banerji, Shrimati Mukul the Members present add voting. Barman, Shri R. N. Tha motion m s adopted Barua, Shn Bedabrata Barupai, Shri Paana Lai Claim 2 mm added to the Bill Basappa, Shri K. Basumatan, Shn D. MR* SPEAKER : Clause 3. Besra, Shri S. C, Bhagat, Shrt H. K. L. SHRI S M. BANERJEE : The ]obbres Bhagirath Bhanwar, Shri should be cleared once again. Otherwise Bhandare, Shri R* D, there will be the impression, Bhargava, Shri Batheshwar Nath *rte *p*t f r* Bhatta, Shri Raghunandan Lai Bhattacharyya, Shn Dinen MR. SPEAKER : We shall do it at Bhattacharyya, Shri Jagadtsh the final stage again. Bhattacharyya >a, Shri Chapalendu Bhaura, Shri B S. Even before that, I got your opinion Bheeshmadev, Shri M. about lobbies being clcned already You Bhuvarahan, Shri O. said, ‘closed*. If anybody had said that the Bist, Shri Narendra Singh lobby should be cleared, T would not have Brahmanandji, Shri Swami objected to it. Buta S ngh, Shrt No amendment is moved to Clause 3. Chakieshwar Singh, Shn Chandra Gowda. Shri D B The question is; Chandra Shekhar Singh, Shri Chandrappati, Shn C. K. **That Clause 3 stand part of the B ill/’ Chandrashekharappa Veerabasappa, Shri T. V. We lok Sabha divided : Chandnka Prasad, Shri p M # m No.#4] AYES [15.38 hrs. Chatterjec, Shn Somnath Chaturvedi, Shn Rohan Lai Achal Singh, Shr! Chaudhari, Shri Araarsinh Afzaipurkar, Shri Dhatamrao Chaudhary, Shn Nttiraj Singh Aga, Shri Syed Ahmed Chavan, Shri D R. Agrawal, Shn Shrikrishna Chavan, Shri Yeshwantrao Ahirwar, Shri Nathu Ram Chavda, Shri K. S. Ahmed, Shri F< A. Chawta, Shri Amar Nath Alagesan, Shri O. V. Chellacthami. Shri A. M. Ambesh, SHKri Chhotey Lai, Shri Anamf Singh, Shri Chhutten Lai, Shri Ansari, Shri Ziaur Rahman Chiitibabu, Shri C. Agpalftnaidu, Shri Chotidhary. Shri B. E. Arvind Netam, Shri Choudhury, Shri Mpinwl Haque Atistin, Dr. Henry Daga, Shri M. C. Awdhosh Cteuadra Singh, Shri Datbir S \w K £hri Shri Hhagwgi Iha DaHp Sawgb, A*fc Imam, Shri Darbara Singh# Sh , . .. fptiowteg Members also recorded their votes for MrtMBRP i Ifcrvrthrt priya Hanjrn Das Munsi Mommnal ytilff T* tat, bamodar *0*9* V#riah and Dr. Sar«d**h Roy * t n f 1 249 nmirfrwrtra SRAVANA 2$, 1899

Das, Shri Anadi Charan Jitendra Prasad, Shri Baa, Shri Joarder, Shri Dfneth Daaappa. Shri T v k lfa i Joshi, Shri Jagmna fcr*. Daschowdhury, SM B. K. Joshi, Shri Popatlal M. Dob, Shri Dasaratba Joshi, Shrimati S|

Mishra , Shn Bibhati Pradhan, Shri Dhaii Shah Mishra, ShriG. S. Pradhani, Shri K. Mishra, Shri Jagannath Purty, Shrt M. S. Mishra, Shri L, N. Qureshi, Mohd. Shaft Mishra, Shri Shyamnandan Radhakrishnan, Shri S. Misra, rhri S N. Raghu Ramaiah, Shri K. Modak, Sfari Bijols Rai, Shrimati Sahodrabai Modi, Shri Shnkishan Raj, Eahadur. Shri Mody, Shri Pftoo Rajdeo Singh, Shn Mohammad Yusuf, Shri Raju, Snn P. V. O. Mohan Swarup, Shn Ram, Shn Tulmohan Mohapatra, Shn Shyam Sunder Ram Dhan, Shri Mohsm, Shri F H Ram Prakash, Shri Muhammed Khuda Bukhsh, Shri Ram Sewak» Ch. Munsi, Shri Priya Ranjan Das Ram Surat Prasad* Shri Murthy, Shri B. S. Ram Swarup. Shri Muruganantham, Shn S. A, Ramji Ram, Shri Nahata, Shri Amrit Ramshekhar Prasad Singh, Shn Naik, Shri B. V. Ramsmgh Bhai, Shn Nanda, Shri O. L. Rana, Shn M. B Neg», Shn Pratap Singh Ranabahadur Singh, Shri Nimbalkar, Shn Rao, Shrimati B Radhabai A. Oraon, Shri Kartik Rao, Shn J. Rameshwar Oraon, Shn Tana Rao, Shu Jagannath Pahadia, Shn Jagannatb Rao, Shn K Narayana Pamuh, Shri Paripoornand Rao, Shri M, Satyanarayan Palodkar, Shri Manikrao Rao, Shn Nageswara Panda, Shn D. K Rao, Shn P Ankmeedu Prasada Parndey, Shn Krishna Chandra Rao, Shn Pattabhi Rama Pandey, Shn Narstngh Naram Rao, Shn Rajagopala Pandey, Shn R. S. Rao, Dr V. K R Varadaraja Pandey, Shn Sudhakar Rathia, Shn Umed Singh Pandey, Shn Tarkeshwar Raut, Shn Bhola Pandeya, Dr. Laxminarain Pandit, Shri S. T. Ravi, Shn Vayalar Pamgrahi, Shn Chmtamam Ray, Shrimati Maya Pant, Shri K. C. Reddi, Shri P Antony Paokai, Haokip, Shri Reddy, Shn K Kodanda Rami Parashar, Prof Narain Chand Reddy, Shn K. Ramakriahna Parmar, Shri Bhaijibhai Reddy, Shrt M. Ram Copal Partap Stngh, Shn Reddy, Shn P. Bayapa Parthasarathy, Shri P. Reddy, Shri P. Ganga Pas wan, Shn Ram Bhagal Reddy, Shrt P Narasnnha Patel, Shri Arvind M. Reddy, Shn P. V. Patel, Shri Natwarl&l Richhanya, Dr. Govind Das Patel, Shri Prabhudas Rohatgi, Shrimati Sushila Pfctel, Shn Ramiibhai Roy, Shn Bishwaaath J*»t 1, Shri Anaartrao Roy, Dr Saradish J*tll, $brrC. A. Rudra Pratap Singh, Shri Shr| E. V. Vikhe Sadau Ram, Shri Shri lrishntrao Saha, Shri Ajit Kwnar MU Shri S, B. Salve, Shri N, K. P. Patil, Shri T. A. Sanrnta, Shtfi S. C. Pauialk, S k i Banamalf Sambhali, Shri lahaque Pataaik, Sfori J. B. Saminathan, Shri P. A* s*n*hi, s m r*. k . , t m , Stei R. BaUkriibw Suwliuu, Shri •t \ 2»3 CanMhrnion SRAVANA 26, l»4 {3AK4) {30th Amilt.) m 354

San kata Prasad, Dr, Swammathan, Shri R* V. Sant Bux Singh, Shri Swamy, Shri Sidrameshwar Sarkar, Shri Sakti Kumar Swaran Singh, Shri Sathe, Shri Vasant Swatantri ShriTeja Singh Satish Chandra, Shri Tarodftkar, Shri V. D. Satyanarayana, Shri B. Tayyab Hugsain. Shri Savant, Shri Shankcrrao Tewari, Shri Shankar Savitri Shyam, Shrimati Thakre, Shri S. B. Sayeed, Shri P. M. Thakur, Shri Krisnarao Sen, Shri A. K. Tiwari, Shri R, G. Sen, Dr. Ranco Tiwary, Shri D N. Sen. Shri Robin Ti*ary, Sri K. N. Sethi, Shri Arjun Tombi Singh, Shri N. Sezhiyan, Shri Tula Ram, Shri Shafee, Shri A. Tuhiram, Shri V. Shahnawaz Khan, Shri l/tkey, Shn M. G. Shakya, Shri Maha Deepak Singh Ulagaanmbu Shri R. P. Shambhu Nath, Shri Unnikrishnan, Shri K. P. Shaakar Dayal Singh, Shri Veeriah, Shri K. Shankar Dev, Shri Vekaria, Shri Shankaranand, Shu I* Venkatasubbainh. Shri P. Sharma, Shrj A. P. Venkarswamy, Shri O. Sharma, Dr. H P. Verma. Shri Balgovind Sharma, Shri MadhOt«in Verma, Shri Sukhdeo Prasad Sharma, Shn Nawal Ki shore Vikal, Shri Ram Chandra Sharma, Sh i R N. Vi'bhadra Singh, Shri Sharma. Dr Shankar Dayal Viswanathan, Shri G, Shashi Bhi shan, Shri Yadav, Shri Chandrajit Shastri, Shri Viswanarayan Yadav, Shri Karan Singh Shastri, Sh i R ja Ram Yadav. Shn N. P. Shastri, Shri Sheopujan Yadav, Shri R. P. Shenoy, Shri P. R. Sher Singh, Prof. NOES Shinde, Shri Annasaheb P. Shiva Candika, Shri NIL Shivnath Singh, Shii Shukla, Shri B. R. MR. SPEAKER : The result* of the Shukla, Shri Vidya Charan d'vision is : Ayes 377; Noes Nil Siddayya, Shri S. M. Siddheshwar Prasad, Shri The motion is carried by a majority of S ngh, Shri Vishwanath Pratap the total membership of the House and bv Sinha, Shri Dharam Bir a majority of not less than lwo-thirds of the Smha, Shri Nawal K’sl ore members present and voting. Si jha, S^^^ fc. K. Sinha, Shri Satyendra Narayan The motion was adopted. Sohan Lai. Shri T. Sokhi, Shri Swaran Singh Clause 3 was added to the Bill. Sonar* Dr. A. G. Stephen. Shri C M, MR. SPEAKER : The question is : Subramaaiatn, Shri C. Sudarsanam, Shri M. “That Clause 1 stand part of the Bill.'* Sunder La), Shri Surendra Pal Singh, Shri The Lok Sabha divided. r* •The following Members also recorded their votes for *AYES*: Sarvahri Chandra Shailani, Damodar pandey, T, Kiruthinan and Kirishna Chandra Harder. ZSS C tautintbm AUGUST 17 1«S

INtMaa No. SI AYES {IM Itn. Chavan, Shri 1(1 Chavan, S^irl Ycshwantrao AcHal Ssntlu Shri Chadaa, $kri K. $, Afszalpurtar* Shri D^niiinno Chawla, Shri Amar Naih Age, Shri Syed AMwd Chcllachami, Shfi A. ML Agiawal, Shri M fcm hna Chhotey La(, Shri Ahirwar, Shri Nathu Run Chhutten Lai, £hri Ahmed, Shri F, A, Chittibabu, S«iri C. Alngesftn, Shri O. V. Choudhary. Shri B. E« Ambesh, Shri Choudhury, Shri Momul Haque Anand Singh, Shri nalbir Singh, Shri Am&ri, Shri Ziaur Rahrtwn Daltp Singh, Shri Ap~a’anaidu. Shri Darbara Singh, Shn Arvind Netara, Shri Das, Shn Anadi Charan Austin, Dr Henry Das, Shn Dharnidhar Awdhesh Chandra Singh, Shri Daaappa, Shri Tulsidas Azad, Shri Bhagwat Jha Daschowdhury, Shri B. K. Azfa Imam, Shri Deb, Shri Dasaratha Bahuguna, Shri H N. Deo, Shri S. N. Singh Bajpat, Shrt Vidva Dhar Desat, Shri D. p . Deshmukh, Shn JC» G. Baladhandayutham, Shri K. Bataknshmah, Shri T Deshmukh, Shri Shivaji R bo S. Banaimti Babu, Shri Dhandapani Shn C* T. Banera, Shri Hamendra Singh Dharamgaj Singh, Shrt Banerjce, Shri S. M. Dharia, Shn Mohan Banerji, Shrimati Mukul Dhusta, Shri Anant Prassd Barman, Shrt R N. Dmesh Singh, Shn Baroa, Shri Bedabrata Dixit, Shri G D, Dixit, Shri Jagdish Chandra Barupal, Shn Panna Lai Doda, Shn Hiraial Basppa, Shri JC. Dube, Shn J. P. Basumatari, Shn D. Dumada, Shri L. K. Besra Shri S. C Dutta, Shri Biren Bhagat, Shn H, K. L Dwivedi, Shrt Nageshwar Bhagirath Bhauwar, Shri Engti, Shrt Biren Bhandere, Shri R D. Gandhi, Shrimati Indira Bhaigava, Shri Basheshwar Nath Ganesh, Shri K. R. Bhattacharyya, Shn Dmcn Gangadeb, Shrt P. Bhattacharyya, Shri Jagadish Garcha, Shri Devinder Singh Bhattachayyia, Shn Ctopalendu Gautam, Shn C. D. Bhaura, Shri B S Gavit, Shri T* Bheeshmadev, Shrt M. Ghosh, Shfi P. K, Bhuvarahan, Shri G. Gill. Shri Mohinder stngh But, Shri Narendfs Stngh Gin, Shri V. Shanker B'ahmanandji, Shri Swami Godara, Shri M*m Rim Buta Singh, Shri Godfrey, Shrimati M. Ctsaklcshwar Singh, Shri Gogoi, Shri Tarun Oumdm Gowda, Shri D. B. Gohin, Shri C. C. Chandra Shekhar Singh, Shri Gokhale, Shri H. R. Chandrappan, Shri C. K. Gomango, Shri Gindhar Chandrashekharappa Veerabasappa, Gopal, Shri K. &ftri T. V. Goswami, Sfcri Dioesh Chandra Cto to M t* I*rasadf S£d Govind Das, Dr. Ctotterien, Shri Somnath Oowdi, ShriPomfran Rohan ta t Gtdia, Shri Samar Omu&ari, Shri Amarsinh Gupta, Shri Indrajit Wmtmty, Shri mm} sfagh Haider, Shri Krishna Chandr. aiV Co^HMiom SRAVANA 26,1199 (SAKA) tm h Admt.) m

Han&da, Shri Subodh Malaviya, Shri K. D. Hari fciakro Singh, Shri Malhotra, Shri inder J. Hari Singh, ^bri Mdllanna, Shri K. Haahim, Shri M. M. Maliikarjun, Shri Hazra, Shri Manoranjan Mandal, Shri Jagdifh Narain Ishaque, Shri A. &, M. Mandal, Shri Yamuna Prasad Jadeja, Shri P . P. Manoharan Shri K. Jamilurrahman, Shri Md. Marak, Shri K. Janardhanan, Shn C. Maran, Shri Murasoli Jeyalakshmi, Shrimati V. Mehta, Dr. Jivraj Jha, Shri Chiranjib Mehta, Dr. Mahipatray Jharkh&nde Rat, Shri Melkote, Dr. O. S. Jitendra Prasad, Shri Mirdha, Shri Nathu Ram Joarder, Shri Dinesh Mishra, Shri Bibhuti Joshi, Sh i Jafaimathrao Mishra, Shri O. S. Joshi, Shri PQpatlal M. Mishra, Shri iagannath Joshi, Shrimati Subhadra Mishra, Shri L. N. Kadam, Shri Dattajirao Mishra, Shri Shyamtiandan Kadam, Shri J. G. Modak, Shri Bijoy Kadannappalli, Shri Ramachandran Modi, Shn Shrikishan Kader, Shn S A. Mody, Shri Piloo Kahandole, Shn Z. M. Mohammad Yusuf, Shri Kailas, Dr. Mohan Swarup, Shri Kakodkar, Shrt Puiushottam Mohapatra, Shri Shyam Sunder Kakoti, Shri Robm Mohsin, Shri F. H. Kale, Shri Mu hammed Khuda Bukhsh, Shri Kamakthamh, Shri D. Munci, Shri Priya Ranjan Das Kamala P tad, Shri Murthy, Shri B. S. Kamble, Shri T. D. Muruganantham, Shri S. A. Nahata, Shri Amrit Kapur, Shri Sat Pal Naik, Shri B V. Karan Singh, Dr. Nanda, Shri G. L. Kasture, Shri A. S. Negi, Shri pratap Singh Kaul, Shrimati Sheila Nimbalkar, Shri Kavde, Shn B R. Oraon, Snn Kartik Kedar Nath Singh, Shri Oraon, Shri Tuna Kinder Lai, Shri Pahadia, Shri Jagannath Kiruttman, Shri Tha Painuli, Shri Paripoornanand Ktsku, Shri A K. Palodkat, Shri Manikrao Kotoki, Shn Liladhar Panda, Shn D, K. Kotmshetti, Shri A. K. Pandey, Shri Damodar Krishnan, Shri M. K. Pandey, Shri Krshna Chandra Kuikarni, Shri Rjya Pandey, Shri Narsihgh Narain Kumaramangalam, Shri S. Mohan Pandey, Shri R. S. Kureel, Shri B. N. Pandey, Shri Sudhakar Kushok Bakula, Shri Pandey, Shri Tatkeshwar Lakkappa, Shri K. Pandeya, Dr. Ltxminarain Lakshmikamhamma, Shrimati T. Pandit, Shri S. T. Lakshminarayatmn, Shri M. R. Panigrahi, Shri Chintamani Lambodar Ballyar, Shri Pant, ShriK.C. Laskar, Shri Nihar PAokai. Hadkip, Shri Lutfal Haque, Shri Parashar, Prof. Narain Chand Madhukar, Shri K. M. Parmar, $hri BhaJjibhai Mah*jan, Shri Vikram Partttp Singh Shri Mahata, $hri Dcbendra Nr.th Parthnsarathy, Shri P. M ajto,$hri G*jadhar Wwwrtn, Shri Rum Bhagat Majhi. Shri Zmm &Mii» Sferi Arviad M, 239 CmMftvtian AUGUST 17. 1972 (3Qtk A tim tj M l 260

Patel, SI ri Natwartal Richhaiiya Dr, Govind Dag Patel, Shri PrahhudaS Rohatgi, Shrimati Sushtia Patel, Shri Ramubhai Roy, Shrt Bishwanath PatiJ, Shri Anantrao Roy, Dr. Saradiah Patil, Shri CJV. Rudra Pratap Singh, Shri Patil, Shn E. V* Vikhe Sadhu Ram, Shri Paul, Shri Kruhanarao Saha, Shn Ajit Kumar Patil, Shri S. B. Salve, Shrt N. K. P. Patil, Shn T. A. Sanmnla, Shn S C. Patnaik, Shri Banamali Sambhalt, Shri Ishaque Patnaik, Shn J. B. Sammathan, Shn P. A. Peje, Shn S. L. Sunghi, Shri N K. Pillai, Shn R. Balakrishana Sangitana, Shri Prabodh Chandra, Shri Sinkata Pra&ad, Dr Pradhan, Shn Dhan Shah S tnt Bux Singh, S iri Pradbani, Shn K. Sirkar, Shri Sakti Kumar Purty, Shn M. S. Sitish Chandra, Shn Qureshi, S)

Smh a, Shri Satyendra Narayan a majority of not less than two-thirds of the Sohan Lai, Shri Shri T. members present and voting. Sokhis Shri Swaran Singh Sonar, Dr. A. G. The motion was adopted* Stephen, Shri C. M. Clause / was added to the Bill. Subramaniaxn. Shri C. * Sudrasanam, Shri M. MR. SPEAKER : There will be a voice Sunder Lai, Shri vote on the Enacting Formula. Surendra Pal Sal Singh, Shri Swaminathan, Shri R. V. SHRI S.M. BANERJEE : I suppose, it Swamy, Shri Sidrameshwar wtli not be challenged in the Supreme Court. Swaran Singh, Shri Swatantra, Shri Teja Singh MR SPEAKER : Even for Clause I, ue have done it only by way of abundant Tarodekear. Shri V. D. caution. For this innocent thing, I do not Tayyab Hussain, Shri think anybody like him will go to the court. Thakre, Shri S, B. Thakur, Shn Knshnarao SHRI PILOO MODY (Godhra) : No- Tiwari, Shri R. G. body takes him seriously, Sir. Tiwary, Shri D. N. Tmary, Shn K N. MR. SPEAKER : The question is : Tombi Singh, Shri N. Tula Ram, Shri “ That the Enacting Formula and the Tulsiram. Shri V. Title stand part of the Bill.** Uikey, Shri M. G. Ulaganambi. Shri R. P. The motion was adopted . Unnikmhnan Shri K P. The Enacting Formula and the Title were Veeriah, Shri K, added to the Bill. Vekana, Shn Venkatasubbaiah, Shri P. MR SPEAKER : Before we go to the Venkatswamy. Shn G. final voting, I would very much like that the Verma, Shn Baigovind doors be opened. The Members who are left Verma, Shri Sukhdeo Piasad. out can come in. Vikat, Shri Ram Chandra Virbhadra Singh, Shri SHRI H.R. GOKHALE : Sir, I beg to Viswanathan, Shri G. move : Yadav Shri Chandrajit Yadav, Shn Karan Singh "That the Bill be passed.” Yadav, Shri N. P, MR. SPEAKER : Let the Lobbies be Yadav, Shri R. P. clearcd. NOES The Lobbies have been cleared.

Nil The question is : “That the Bill be passed," MR. SPEAKER : The lesult of the division is : Ayes—376 The Lok Sabha divided. :

Noes—Nil* Division No. 6] AYES [15,46 hrs. The motion is carried by a majority of Achal Singh, Shri the total membership of the House and b Afzatpurkar, Shri Dftaramrao •The blow ing Mftmbers also recorded their voids for AYES’. Ragfcroaadan Lai Bhatia, Dhamankw, Y* S. Malujan, Shftakat Tewarj V* * m Satttei aitf Ktmtftri ICantf* Kumatl. A t a u s r n n n (SOth Am# ) Bttt m

Aga, Syedi Ahmed Chcllach-mi, Shri A*|mL Agarwa), Shri SfcrikMma Chhotey Lai, Shri Ahfrwar, Shri Nathu Ram Chhutten Lai, Shri Axmed.Shn l\ A; Chittibubu, Shn C. Aiagesan, Shri O V. Choudhary, Shri B. &. Ambesh, Shri v Choudhury, Shri Moiou! Hague Anand Singh, Shn Daga, Shn M C Ankinctdu, Shri Maganti Dalbir Stngh, Shn AnsarJ, Shrt 2Hiaur Rehman Dalip Singh, Shri Appalanaidu, Shri Darbara Singh, Shn Arvmd ^el .m, Shri D*s, Shri Anadt Charan Auttin, Dr Henry Das, Shn Dharmdhar Awdhesh Chardra Singh, Shri Dasappa, Shri TuUtdas A*ad, Shri Bhagwat Jha Daschowdhury, Shn B. K. A r z Imam* Shn Deb. Shn Dasaratha Bahttguna, Shn H N. Deo, Shn S N Stngh Bajpai, Shn Vidva Dhar Desai, Shn D D Bal*

HariSingh,. Majhi,Shri Kumar Hshim, Malhotra. Shri la ^ r I. Jshaquc, Shri A.K M? Melii«ia,Shr: Jadeja, ShriD P. MaJiikarjun, Shfri Jamilurrahman, Shri Nfd. Mandat, Shri J[a$di$hNarain Janardhanan, Shri C. Mandal, ShriYanuhaPraiad Jeyalakshmi, Shrimati yw Manohdran, Shri K. Jha, Shri Chiranjib Maran, Shri Murasolv Jharkhande Rai, Shri Mehta, Dr. Jivraj J tendra Prasad Shri M hta, Dr. Mahipatray Joarder, Shri Dme;sh Meikote, Dr. G S; Joshi, Shri Jaganna'hrao Mirdha, Shri Nathu Ram Joshi, Shri Popatlal hi. Mishra, Shri Bihhuti Jo>hi, Shrimati Subhadra Mishra, Shri Q. S. Kadam, Shri Daitajirao M shra, Shrt Jagaanaih Kadam, Shri J. G. Mishra, Shri L. N. KadannappaJii, Shri Ramachandran Mishra, Shii Shyamnandaa Kader, Shiri S. A. Mishra, Shri SJNi Kahandole, Shri Z. M. Modak, Shri Brjoy Kiilas, Dr. Modi, Shri Sh ifc&han Kakcdhar, Shri Purushottam Mohammad Yuftuf. Shri Kakoti, Shri Robin Mohan Swarun, Shri Kale, Shri Mohapatra, Shri Sfiyam Sur.der K'tmakshaiah* Shri D. Mohsin, Shri F. H . Kimala Praval, Shri Muhantmed Khuda Bukhsh, S'.ri Kamblc. Sh-i T.D. Munsi. Shri Priya Ranjan Das Kam'a Kumari, Kumari Murthy, Shri 6 S. Kapur, Shri flat Pal Muruganantham, Shri S. A. Karan Singh, Dr. Nahata, Shri Atnric Kasture, Shri A S. Naik, Shri B. V. Kaul, Shrimati Sheila Nanda, Shri G. L. Kavde, Shri B R. Negi, Shri Pratap Singh Kedar Nath Singh, Shri Nimbalkar, Shri Khadilkar, Shri R, £. Oraon, Shri kartik K nder Lai, Shri O aon, StH Tuna Kiruttinan, Shri Tha Pahadia.Shri Jaganaith Kisku, Shri A. K Pa;n«j;, Shri Partpqornanand Kotoki, Shri Li'adhar Palodkar, Shri Manikmo Kotravhctti, Shfi A. K. Panda, Shri D . it. KH^an, Sh“i>4. K; Pandey, Shri Damodar Kulkarni. Shri Raja Pandey, Sfcri'kr jsto . Chandra.:. Kumaramargalaro, Shri S. Mohan Pandey, ''Kitted* $hri/i§;' fa • ’'" Kushok%kuIaf Shri Pan&y J& ri Su^k^/v..'; ■ Pan&ey,‘ S h r|T a fttsw a r. ; latehmikanthartinaa, Shrimati T, : fcandeya, J>r': La*m*Mrairi ; ■ ' Lakshminarayarian.ShriM.R. Panigrahi, Shrf Chintamani ■ Ptnt, V-- '■ & & »f, HaofciK SKrl - Parahar, prof. Narain Chand Parma:. Shri Bhatjibhai'- Pari^Sfog&Sfiri \ MafeaAa* JjjhriJ^en^raKath PailWWitffhy/Shtl +.' ' . PaswiSirW'l P&mi&hagat ' . Com tltW bn 191?

Pate?, $hri>Wit««rlil Reddy, Sh i P, Narasijnha Patel, Shri Prabbudas Reddy, Shri P. V. Patcf, Shri Ramubhai Richhariya, Dr. Govind Das Patil, Shri Anamrao Rohatgi,Shrimati Sushila Patil, Shri C. A. Roy, .Shri Bishwanath Patil, ShtfE.V* Vikhe Ray, Dr. Saradish Patil,Shri Krfshnatao* Rudra Pratap Singh, Shri Patil, Shri s, * Sadhu Ram, Shri Patil. Shri :t , A. Saha. Shri Ajit Kumar Patnaik, Shri Baoamali Salve, Shri N. K. P. Painaik, Shrj I. B. Samanta, Shri S. C. ?*$*, Shri S. L. Sambhali, Shri lahaque Saminathan, Shri P. A. PiHai. Shrt R, Ba'akrishna Prabocfh Chandra. Shri Sanghi, Shri N. K. Sangliana, Shri Pradhaa, Shri Dhan Shah Sankata Prasad, Dr, Pradhani, Shri K Sant Bmx Singh, Shri Purty, Shri M. S. Sarkar. Shri Sakti Kumar Qurcshi, Shri Mohd, Shaft Radhakrishnan, Shri S> Sathe, Shri Vasant Satish Chandra, Shri Raghu Ramai&h. Shri 1C. Satyanarayana, Shri B. Rai, Shrimati Sahodrabai Savant, Shri Shankerrao Raj Bahadur, Shri Sayced, Shri P. M. Rajdeo Singh. Shri Ren, Shri A. K. Raju, Shri P. V. G. Sen, Dr, Rancn Ram, Shri Tulmohanr Sen, Shri Robcn Ram Dhan, Shri Sethi, Shri Arjun Ram Prakash. Shri Sezhiyan, Shri Ram Sewak. Ch. Shafee, Shri A. Ram Surat Prasad. Shri Shahnawaz Khan, Shri Ram Swarup, Shri Shailani. Shri Chandra Ramji Ram, Shri Shakya, Shri Maha Deepak Singh Ramshekhar Prasad Singh, Shri Shambhu Nath, Shri Ram Singh Bhai, Shri Shankar Dayal Singh, Shri Rana, Shri M. B. Shankar Dev, Shri Ranabahadwr Smgh, Slit i Shankaranand, Shri B. Rap, Shrimati B. Radhabai A. Sharma, Shri A. P. Rao, Shri 1. Rameshwar Sharma. Dr. H. P. Rao, Shri Jagannath Sharma, Shri Madhoram Rao, Dr# K. L»■ Sharma, Shri Nawal Kishore Raor Shri K. Naryaoa Sharma, Shri R. N. Rap, Sftrf M. Sttyanarayan Sharma, Dr. Shankar Dayal Rao, Shri Nagiswara Shashi Bhushan. Shri Rao, Shri P, Ankineedu PTasada Shastri, Shri Viswanarayan Rao, Shri Pattabhi Rama Shastri, Shri Raja Ram Rao, Shri Rajagopala Shastri, Shri Sheopujan Hap, Dr. Y- K .R . Varadaraja Shenoy, Shri P. R. Ratftra, Shri Umcd Singh Sher Singh, Prof. i-. Raut, Shri Bhola Sninde, Shri Annasaheb P. Shiva Chandika, Shri Ray* Shrimati Maya Shivnath Singh, Shri Shukla, Shri B. R. ■/:■?: Reddy Shri X. J&odaiKfcRam* . Shokla, Shri Vidya Outran Reddy, Shri K. Ramakrishna „■ \ T. .-A-

stngn m C m d m tm SRAVANA 26,1894 {$AK4} Income Tax 270 (30WM/mfr.) m (Admt,) Bill

Sinha, Shri Nawal iCishore The motion it carried by a majority of Smha, Shri R. K. the total membership of the House and bv Sinha, Shri Satyendra Narayan a majority of not less than two-thirds of Sohan Lai, Shri T. the Members present and voting. Sokhi, Shri Swaran Singh Sonar, Dr. A. G. The motion was adopted Stephen, Shri C. M. Subramaoiam, Shri C. Sudarsanam, Shri M* 15.48 tvs. Sundar Lai Shri INCOME-TAX (AMENDMENT) Surendra Pa) Stngh, Shri BILL—Contd. Swaminalhan, Shri R. V. Swamy, Shn Stdrameshwar MR. SPEAKER : Now, we move on to Swaran Singh, Shri the next item-—Item No, 12—Income-tax Swatantra, Shri Teja Singh (Amendment) Sill. Shri fialadhandayutham Tarodekar, Shri V. D. to continue his speech. layyab Hussain, Shri Tewari, Shn Shankar I may also tell the House that the time Thakre, Shri S B. allotted is almost finished. Thakur, Shn Knshnarao 1 iwan, Shri R. G. SHRI K. BALADHANDAYUTHAM Tiwary, Shri D. N. (Coimbatore): Yesterday, I was referring Tiwary, Shn K. N. to socioeconomic objectives as elaborated Tombi Singh. Shn N. by the Minister. 1 referred to that because Tula Ram, Shri I welcome this amendment not because it Tulsiram, Shri V. will achieve the socio-economic objective, Uikey, Shn M. G. and whether it will achieve the socio-econo­ Ulaganambi, Shn R. P mic objective or noi «a not a matter for Unnikrishnaii, Shri K. P. discussion. We have been following this Veeriah, Shn K. policy of taxation even with regard to direct Vckaria, Shri taxes in the last 2$ years m the hope that Venkatasubbaiah Shri P. it will do away with the disparity in income Venkatswamy, Shri G. and will achieve socio-economic justice* Verma, Shn Balgovind 15 49 hrs. Verma, Shri Sukhdeo Prasad Vikal, Shri Ram Chandra (Shri SEZHIYAN in the Chair] Virhhadra Singh, Shri Vtswanathan. ShnG. I now find that it has not achieved the Yadav, Shri Chandrajit purpose. So, Let us not mduige m plati­ Yadav, Shri Karan Stngh tudes. Where the question of taxation is Yadav, Shri N. P. concerned, restricted to this, the Bill means Yadav, Shri R. P. more income and more revenue for the NOES exchequer and it w 11 a’so, as Mr Salve was Mody, Sbrl Piloo explaining yesterday, do away with the inequity between two types of assessees. MR. SPEAKER ; The result of the divison is : Ayes— 384; Noes—I When I come to the Bill itself, I am SHRI K.MANOHARAN (Madras North): surprised at the fact that exemption is Sir, he has supported ail the clauses of the being contemplated for tho«* cases where Bill but at the final stage, of course; he has the court has decreed in jheir favour, My voted against. first objection to tUs exemption clause is based upon the following principle. The $uo» MR. SPEAKER : He nvght have press* reme Court ♦« its field ts antitied to interpret ed the wrong button* the law. Supreme Court is not caneemed w th So» ft* result of the division i s : the socio economic objectives or with the 4H»rpa»e of the IW*; tfco Supreme Court caa 271 Im om Tax {4m#.) BiH AUGUST, 1972 Income Tux {4W&A M l 272

[Sh ri Baladhandayutham assess who has goie to the court and aft assessee who lies not gone to the epurt may interpret the law as it Sg^jthe field of be construed as discrimination under the legislating and achieving aocio-econom c Constitution because there are two types of objectives is toft to Parliament, So* Parlia­ of assesses. So, from the point pf view ment is supreme in its sphere and the of practical experience* from the point of Supreme Court it supreme in its sphere view of fairness and from the point of view As such, when the Supreme Court has found of equality before law, from the point of a Jacnca in the BII and interpret* itf the view of the sphere with which it is con­ Parliament accepts the interpretation of cerned, tht> will not stand scrutiny. the law; Parliament accepts the judgment of the Supreme Court in this case and wants Further, when we are having retro­ to achieve the objective or the purpose for spective effect, we mu*t be fair to all. which this taxation was contemplated To Either we should not have retrospective achieve this purpose, Parliammt wants to effect and «e should say that the old cases amend the law So, Parliament is here are gone, whether paid or not paid and concerned with the amendment to suit their Government are not goin; into those cases objective. While doing so, there is no now or we should be fair to all. Since, question of courtesy or gesture to the whoever. Government are going into the Supreme C>urt. We thank the Supreme past cases, I would submit that they must Court for having interpreted the law, and cover all the cases and not give exemption based upon thsir judgment, w; are bring mg to any particular class about a change in the law by means of this amendment. Therefore, I do not see why In general, I welom* this Bill, but I would submit that there must be an end to we should exempt those cases where judg- ment has been given. this process of going on amending as and when something ts found wrong or some lacuna is found Government must come It would also mean another thing I forward with a simple comprehensive B>11 am afraid that it would also be unfair to on mcone*tax which will be intelligible to the other persons. There are many people who have not gone to the court. If exemp­ the ordinary man and which can b; enforced more easily and which will not bring in all tion ts given only to those persons who the complications of law and also drag in have gone to the court, then it means that auditors who will go on giving ideas about they are very ciever and they are a for­ tunate lot and they are litigation-minded how to circumvent the law by using every and therefore thsy cai get the advantage small word here or there. Government So, by mj&ns of this provision, Gjvernmnt must attempt to bring forward a very comprehensive and simple Bill with regard ttfem to prefer aid com hm sit the people to in:om>ta* who are litigation-minded The waole In­ come-tax Act has toei put into shame THE Ml NISTER OP STATE IN THE bscauseof the n lunwrable cases that have MINISTRY OF FINANCE (SHRI K. R. been taken to tae High Court and the GANESH) : This is a very simple Bill, and Supreme Court, and the Oavernnmt have except Shri R. V. Bade* all sections of the not been able to collect the arrears. I feel House have tuppor ed this Bill The reasons that tt would be unfair to discriminate for bringing forward this Bill before the between those who went to the court and H)ase have been explained m the statement those who did not go to the court. m a t! have pffceed before the House and th? necessity for the Ordinance that wa» t am opposed to this exemption clause issued has a’so beeti explained there. even from the point of view of practical experience If this exemption clause is There are only two or three pofcite per­ pa»tt4t tomorrow, again the Supreme Court taining to the BUI on Which I fthould like nttt? intervene and say that it is dtecrimina* to reply. During the course of the dtomsi* to*y, because there are two types of asses- on* of course the whole tymmt of income sees, one who want to the court end won ul% (aw w«* gone through, fclioihe qtttttfon ^4to**4t4*to6tfc4 Wrimia ottaf r'-::- f-; U :'; ^ ',v.: V--■" ■ ^::: - u- ■;; ? 11% beam* tax (AM if.) Bill SRAVANA 26, 189 4 (SAKA) Income

to time ■ to seethat wealth «nd income above » par- . >;;.. |» aware that tfcalar cetting becomeh6o»P!yM ive#-:Tii8i' ’ ‘ ■;; ^ ■ ^ i^ n rn e tu '^ re 1 considering the recommen­ ■ woji ^ havebeen defeated if the decision of ' dations of the Wanchoo Committee report the Supreme Court had not been, Jjop ^ ui ^ ^ ' . ■ aM;yary.expeditioui steps are being taken I Commend the Bill to the acceptanceof to final is) their decision* on the recommen­ the House. dations so that whatever loopholes are there are plugged. MR. CHAIRMAN : The question is : “That the Bill farther to amend the Shn Baladhandayutham raised the ques- Income-tax Act, 1961, and to provide tion of exemption. Cl .5 specifically provides for barring, in the computation of total that the new provision will not apply to income in respect

On thus basis* there exemptions hive been «m V0* if ftr ^ ‘ included in the BfA. O i f *Sr w* -g*j$ As th^ hon. lumber pointed out, the * h f $ i % '#?*[*?, j; that; the socio* 1 l i v t 't ., e ^ e n ite jttifctei twrsued by* Government, fiicif s t t m ^ they itdopt should be used aw TO M ffe til W * fir jig? <¥* i f ' j i ■; 275 Income tux Bill AVCVSV 17,1972 pitHc net* Am*.) m i m

SHRI K. R. OANESH : Then ia no question of sftfcguardtAg the Iiulfen $ IW*«E % «Tft nJMtff «T Aluminium Co. or anybody else. I have given the reasons in the Statement of f » m * 5»Tw % **r5te *t arm Objects and Reasons. We hava explained ^ m *£t $ » vt£ * t why the ordinance was necessary, we have * t a m %x, %fV5T said that it would ha\e mvofved a tremen­ m nx t w «rr s t o t $ fT fa ?rf $*rr ^ *m *§ f i *ffr t o | fa convince him, but I have given him the Judgment to the high court, and it is the art s*t*T g s ta ^ * to arfc f a ffft *r*f sanctity of the Supreme Court which h faSTT, 3* v t TTf?f ftrwsft 'STTfeq I 3 f*T being preserved and which is being respec­ ted frorar % to r s 11 §srte *tr ft % wta snSr f , fsnr % «Tr*r | afo aft ^i^rt SHRI SHIVNATH SINGH : Only for two cases you arc putting this proviso, ^ HX *W!f 5 » JTf fag ra *rft *nft MR CHAIRMAN: order, order l % fa fsR% x n ^ z m fe n \ fyfaH m W ^ *f5T ftWT m TfT ^ 3ftc 16.04 hr s. |sftir ¥ti % inft f^ PUBLIC DEBT (AMENDMENT) BILL %tm 4t, xpfaz f«FEn m Tfr 1 1 If ir$ a rm ? ^rrferr f fa ?*r % THE MINISTER OF STATE IN THE MINISTRY OF FINANCfi (SHRl K. R. «rf^ fm faff ffafatsr^ %fkar ^ GANESH ) : I beg to move : f^stafa& W i v^t ffiriR ^wfufirtrir vt SflU 4m2L Mite ■■ - "That tte Bin ftirtfcer to amtad the f w i t w r w W 5 m xpw uvm #TfT Pub’lc D*tx Act, 1944. be nlukn Into v * r w t f i l ? comMemtlen.” m j r M ic M t SRAVANA 26 .t m (SAKA) (Arndt.) BUI 278

The Public Debt Act was enacted in Public Debt Act relating to laying of copies 1944 to reflate the administration of public of ru'es made under the Act on the Table of Debt of the Central Government end the both Houses of Parliament on the Maes securities issued by them. The Act was approved by the Committee on subordinate amended in 1949 to be applied to the legislation of both Houses of Parliament. administration of the public debt of the Sir, I move. governments of the erstwhile provinces of India and the securities issued by them. MR. CHAIRMAN : Motion moved : It was further amended m 1956 so as to apply it to the public debt of the erst- “That the Bill further to amtnd the while Part B States except Jammu and Pub’ic Debt Act, 1944, be taken into Kashmir. Section I (s) of the Act, as consideration.** amended, provided that the Act applies to Government securities issued, whether SHRI DASARATHA DEB(rripura East): before or after the commencement of the The aim of the Bill is to extend the Public Act, by the Central Government or the Debt Act of 1944 to the State of Jammu and State Governments other than the Kashmir So far this Act did not operate in Government of Jammu and Kashmir. Jammu and Kashmir This Bill seeks to set this position right A political decision to The Raserve Bank is statutorily respon­ that effect has been taken. Kashmir had sible for the management of the public been treated on a separate fotting and was debt of the Central Government and the free from the operation of certain clauses of State Governments The Government of the Constitution Now this Act is sought to Jammu and Kashmir, which had not be ex'ended to that State and a political raised any public loan in the past, proposes decision has been taken to that effect This to enter the market from this year for Bill is a commendable one and I support it. augmenting resources for financing its development outlays. As a uniform law for At the same time I want to point out the administration of government securities that it is time to put a moratorium on is both essential and convenient, the State foreign debt, particularly American debts. Government have requested th it the provi­ Americans have in the recent past showed sions of the Public Debt Act be made sufficient hostility towards India. American applicable to the Public debt of the Jammu funds* e peually Ford Foundation funds and Ka&hmtr Government and the securities aie creating havoc in our cultural life. They to be raised by it. The Public debt of the have been influencing our educational State falls under the State list. The Jammu institutions. Our cultural and political life and Kashmir Legislative Council and the would be pollated if that was a1lowed to Jammu and Kashmir Legislative Assembly continue That is why while supporting this have passed resolutions in pursuance of Bill I request the Government to take certain article 252 (1) of the Constituti >n empower­ measures and to declare a moratorium on ing Parliament to amend the public Debt foreign debts, particularly American debts. Act with a view to make its provisions applicabte to the securities issued by the far*r : iwprfw Government of Jammu and Kashmir and to its public debt. f«rw % fart? | f a 9? fw*r firwre v r 1 1 p u f t fhe Bill seeks to amend the Public Debt $ ftr ftw | ftrt * finrw Act of 1 44 for this purpose. irosr $ aft? fofr* % w * this is a very small and non-controver- slat measure. There are only five clauses. trato vrfr 11 w ftra m treft Of these four are intended to pirovide for *t$«r * *f?r m f r o fa m t the application of the Public Debt Act to the securities to be issued by the Govern­ m i nrrar m ment of Jammu ami Kashmir, wftrem afa | iflt % ?nrw ftrwft frftR* aft troft ^ Opportunity has also been taken to sub* *ti$nte sub-clause (?) <$f aeotlon 28 of the 11 ’tfffasw t m flrw srtfwftir ft Goyernmenthas bOttdwbd: a■; : from o f e i # a ^ a j i ^ '""IfftW r#^;-^;:^j^;-^^.;,^j^jV W ^f But therat®; at ; ■ money to 'ihei'-Stit* :,.«rw «ft «wrwt w l ^ ^ w r ^ T r f s f t f e *?t ?ft srvffcr SHRI C. T. DHANDAPA.NI (Dh&ra- puram) : Sir, ,I support this Bill and I want ; ; - ^ ^ S r t l - - « r t f a m M ** * * * " * to say a few words about the financial S|p0^'sfliiift^:'*r %arr»RT nrf^ resources of State Governments. Last year, -|^\%V*f':'OTWfftefjr t i the Centra) Government raided loans to the tune of Rs. 600 crores. But the State Governments including Electricity Boards $j% firo aifa » t^ ' fapr % Sifter 'Rfar H’ft have raised only Rs. 400 crores. This shows wrfirfe-sr mmwamft «ftr p f t m w n- that the State Governments have to raise funds for their own programmes according m€rfwft**rf*T aftto ^f^psm r to theijF own needs. In the case of Jammu » «%*trw £ m t f^w * stfVt? «^%*w and Kashmir, it is very late. If this Bill h

::M 0 l p ( *& "W* 35i% ^ r i t f far* * With these words, I support the Bill. '' fcWY «P m r ait flpfRrm f t T ia^fer *r 3*% *s fro* hwwjw SHRI K R . GANESH ; Sir, ! am thank­ ful to hon. members for the support they i|» ^ :;a p f I *S *** ■ «*«* ’f ’” ’1 have given to this Bill. As I said, this is a z s m Vfirfl. i V ® w**r % n w # s? non-controversial Bill. Members have raised questions about moratorium and other «r*t M^*rc | sita .*1 matters, withwhich this particular Bill is not concerned. These problems have been discussed in this House often and variout (Bobilli) : steps are being taken so that internal resour­ ^ is ft non^ontroversiai Bill. ces are mobilised^ndself-sufficiency attai­ Regtrdtog the issue of debts by ;State»,. 'I ned. stib*nit * liberai altitude should '. be taken, StatW - 0Wt Thehon.roeroberof the DMK said this ®:it h e Reserve Bank with the Bill has come very lata. Probabty he is not has been aware that it was forthe Jammu andKash- ^litrtaill^i.- Jto this context, 1 mir ” Government to * 'dec&Jei' Under the submit that the financial position of the Confttitution. it is {glfflf^ j$ ven iadastic. So far as the Central . has . ' ■■ 2 ^ J- <3pj*y» down that Parliament may Kashmir Government only recently;, p rt& tib i'* maximum limit to its borrowing, decided to come under till*, and we have |>46 nrif thinkany majthtetim limit ha£feeen taken the first opportunity to pee that by ^ ^ o t n u The 0 * ft* i.:; jp&fc A* ~'J" " ' 8 « SRAVANA K, 1K*{SAXA} Taxation Lawi 2 1 2 (Atodt.i $ttl (Admt.) BUI

JRor die benefit of the hon. Member I « > « fk srofo ^fts Sri State to which th» Centra! Government is giving its fullest support* Hie Fourth Plan fte *pr flnrw % ft 4 t firm* of Jammu Kashmir was fixed at Rs. and ff*rr ft «tht tw t ft- A. YepWAMimAO CHAVAN) s Mr. Ctkri- f R w f W ^ 1 $ in* Sir. itnM wM it 283 Tuxaien ham AUGUST |7, *973 {a *tm t.y m u m

(Sh ri Yeshwantrao Chavan] lands and other assets fcr purposes of the direct tax laws and for bringing about better **Tha» the Bill further to amend the regulation and discipline over non-official Income-tax Act, 1961* the Wealth-tax valuers. Finally, in order to discourage Act, 1957 and the Gift-tax Act, 1958, as benami holdings of property with a view to reported by the Select Committee, be tax evasion, the Bill seeks to make provi­ taken into consideration.'* sion in the Income*tax Act debarring persons from enfoicing their claim m a Sir, the Taxation Laws (Amendment) court of law to any property * held in a Bill, 4971 was introduced in this House on bemmi name, unless they have disclosed the the 12th August, 1971 and was leferred to same before tax authorities. the Select Committee on the 17th November, 1971. The Report of the Committee was I would now deal with some of the presented to this House by its chairman on important changes, made by the Select the iOth May, 1972. The Committee held 13 Committee in the provtsons relating to sittings, scrutinised a number of memoranda acquisition of tmmovab'e p operties. Under and representations received from various the provisions in the Bill as introduced, individuals, professional associations, trade immovable property could be acquired only organisations, etc. and also heard m cases where the property was transferred evidence of various individuals, associations, by way of sale It would* therefore, have etc. I would like to heartily congratulate been possib’e to circumvent the provisions the Select Committee on the thoroughness for acquisition of property by effecting the with which it has dealt with this important transfer in the form of exchange, that is, Bill. by paying the consideration foi the trans­ fer partly m cash and partly in kind or The Bill, as It has emerged form the wholly in kind The Sclect Committee has, Select Committee, has undergone improve­ theiefore, rec< mmended that transfer of ments m several directions The Select immovable property by way of exchange Committee has spelt out the reasons for the should also be b otight withinthe ambit of the changes made by it I do not, therefore, provisions m the Bill The change suggested propose to take the time of the House b> by the Committee is, indeed, verv desirable going over the entire ground again I would, and 1 uould commend its acceptance by the however, like to explain the objects of the House. Bill and the mam changes recommended by this Select Committee Under the Bill as introduced, the expre­ ssion “ mraovable property” was defined to As Hon’ble Members are aware, the cover only buildings or lands or any rights device of understanding the sale price of therein The Commitee is of the view that immovable properties in sale deeds is being this definition is somewhat narrow in its widely used for evading taxes. The conside scope and may not cover transfer cf a part ration paid m ‘white money* is recorded in of a build ng or composite transfers of the transfer deed and ‘black money* is land, building, machinery, plant, etc. In passed to cash under the counter. This order to ensure that the provisions relating enables the purchaser to utilise his untaxed to acquisition of immovable property are income and reduce his liability in respect of not defeated by transferring only a part of stamp duty. The seller is able to avoid his a building or by making composite transfers liability for capital gams tax and obtain of land, building, plant, machinery etc., the funds for investment outside the books of Committee has proposed an enlargement of account or for the purposes of lavish perso­ this definition so as to cover such cases nal expenditure One of the principal obje­ also. Here again, the change suggested by cts of the Bill is to counteract tax evasion the Committee plugs a lacuna in the Bill through this device by empowering the Cen­ and is to be welcomed. tral Government to acquire immovable pro­ perties, including agricultural lands, at Under a special rute of evidence prices which correspond to those in sale contained in the Bill, it had been speci­ deed*. The Bill aho contains provisions for fically provided that where the property has improving the administrative set up and been transferred tp t an apparent cowidera- arrangements for valuation of buildings, tl^n which is to* than h i fair market value, 285 Tmmton tawt SftAVANA 26, 1*94 (SA&A) (Admt.) Biil 28$ it shall toe presumed, unless the contrary Is filing objections against the initiation of proved, that the consideration for such acquisition proceedings was not adequate transfer as agreed to between the parties has and has accordingly suggested an extension loot been truly stated with the object of tax of this period. Another very important evasion by the transferer or the transferee. change made by the Committee is in regard The Committee is of the view that in order to to appeals against orders of acquisition made ensure effective operation of the provisions ft by the competent authority.Under the provi­ the &ti), it would be necessary to modify and sions in the Bill as introduced, an appeal strengthen this special rule of evidence. The against such orders could be preferred to the Committee has accordingly recommended that Central Board of Direct Taxes. The Commi­ wheie the fair market value of any property ttee is of the view that such appeals should exceeds the consideration for its transfer as not lie to an administrative body, but to a declared in the deed by more than 25% of Judicial and independent forum. The such consideration, this should be Committee has, therefore, recommended deemed to be conclusive proof of the that appeals aginist the orders of the com­ fact that the consideration for the property petent authority should lie to the Income- has not been truly stated in the instrument tax Appellate Tribunal. While the decision of transfer The other presumption, namely, of the Income-tax Appellate Tribunal would that the understatement in the va'ue of be final in regard to questions of fact, the the property was made with the object parties concerned wou'd have the right to of facilitating tax evasion will, however, file an appeal to the High Court on any remain rebuttable. I am in respectful agree­ question of law arising from the order of ment with the views of the Committee. ! the Appelate Tribunal. I am inclined to believe that unless the rule of ev dence is think that the modifications suggested by the modified and strengthened in the mnnner Select Committee would be widely welcomed rcco ninended by the Committee, the provi­ as providing adequate safeguards for the sions in the Bill may fail to secure the fair and impartial administration of the desired objective. I, therefore, whole-hearte­ provisions in the Bill. dly commend the acceptance of the changes proposed by the Committee in this behalf. I would now briefly refer to some of the points raised by the two Hon’ble Members While the Committee has suggested in their Minutes of Dissent. Under the various measures for ensuring the effective provisions in the Bill, proceedings for acqui­ operation of the provisions in the Bill, it sition can be initiated only in cases where has also recommended certain safeguards to the fair market value of the transferred protect the legitimate interests of the citize­ property exceeds twenty-five thousand ns against possible misuse of powers of rupees. Shri Baladhandayutham has acquisition. The Committee has accordingly proposed the removal of this condition on proposed that the competent authority sho­ the ground that this will provide a loophole uld record his reasons in writing before for circumventing the provisions in the Bill initiating acquisition proceedings and that through piecemeal transfers of immovable these proceedings should not be initiated properties in part* not exceeding twenty-five unless he has reason to believe that the thousand rupees in value. The removal of fair market value of the property ex< eeds this cpndition will, however, unduly extend its apparent cons'deration by more than the scope of these provisions and generate 15% of sudt consideration. Further, with enormous work in scrutinising a large a view to enabling the parties to determine number of transactions in respect of immo­ the period of limitation for initiating proce­ vable properties of even very small values. edings for acquisition of property with The suggestion made by the Hon'ble Member greatery certainty the Committee has pro­ is, therefore, not feasible on administrative posed that the period of limitation should consideration*. Government will, however, be reckoned from the end of the nrnth in keep a clpse watch on transactions of immo­ which tfce instrument of transfer is registered vable properties and if it is noticed that the atid not with, reference to the

[SM Yesh want rao Ghavan] proposed to bfc triitisferted. The siiggevtlon is not practicable as it would requi>e dte thni te w should be no time-limit for the setting up of a vast administrative machin­ initiation of acquisition proceedings. The ery at enormous eott td deal witii numerous aoqttisitioo of immovable property is a requests for the pri&r clearance of Wtft- drSstic step and It is onty fatr that the buyer ments for transfers of immovable properties. of the property should know within a Hie hottest citizen has, however, nothing to reasonable time whether Government propose fear because if properties are transferred at to take over his property under the provi­ th6 correct fair market value, 1 am suie, sions In the Bill. I will, however, like to there will be no occasion for thJ competent allay the apprehensions of the Hon’bk authority to initiate acquisition proceedings Member by assuring him that Government under the proposed provisions* To sum up, will take suitable administrative steps to therefore, 1 am unable to commend for ensure that proceedings for acquisition of acceptance the suggestions made bv the two immovable property are initiated, wherever Hon’bie Members m their Minute of necessary, within the period of limitation Dissent. and do not get barred due to negligence or collusion. The Hon’bie Member has also The Bill also seeks to make pi oviuons suggested the deletion of the provision for for the reference of the valuation of any the payment of a solatium of 15% over and capital asset or property by the assessing above the consideration stated in the trans­ authority to a Valuation Officer With a fer deed. He has observed that this provision view to avoiding any arbitrariness on the has been retained on the *( flimsy argument*’ part of the tax authorities in making such of abundant aution to meet possible risk of references, the Committee has recommended challenge to the constitutionality of the the spelling out of certain guidelines on the proposed legislation* 1 really fail to under basts of which such references may be made stand how the Hon’ble Member can regard The guidelines suggested by the Committee a matter affecting the constitutional validity would provide a salutary check on the of the whole legislation as a flimsy ground. exercise of the discretion by the tax authori­ ties and 1 would, therefore, commend their Hon. Member Shri Piloo Mody has acceptance. made two points He has observed that the The Select Committee has recommended expression ‘‘/air market value** should be clearly defined and the criteria and guide­ several other changes which constitute a lines for its determination laid down m distinct improvement over the provisions m unambiguous terms. Under the provisions the BtU as originally introduced I would, in the Bill, the expression “ fair market however, not tire the Hon’ble Members bv value*’ m relation to immovable property going into the details of these changes The transferred has been defined as the price objects behind the proposals in the Bill are that the property would ordinarily fetch on laudable The Bill constitutes a significant sale in the open market on the date of step forward in our fight against tax evasion execution of the instrument of transfer. This and I earnestly hope that it will receive full definition is broadly on the lines of the support from ait sections of the House. definition of this term contained in the With these observations. Sir, I move other direct tax laws and has come to have MR. CHAIRMANS Motion moved: * definite and welt-understood connotation. It is also not possible to lay down m the ‘That the Bill further to amend the I m m rigid set of criteria for ascertaining Income-tax Act, 1961, the Weattb-ta* theftoir market value which will necessarily1 Act, 19/7 and the Gift-tax l$58* few* to be determined on the facts and as reported by th$ Select Committee, be circumstances ofeach case by applying well* taken into {consideration " established rificfcfa of valuation. Tb* other mad* by the Han’bks Member SHKI VJW9*»A AOAftWAl Is p m k m sStould be made in the ( } ! Mr. Chairman. BMtoenaW* a seller to got an advatfee It si inOMffna muhuA (l fctoi ttiHtfc fifom m Income-tax Department as to the fatr market 'df the property # i* i ^ y l * t o e <*»* ' m TaxVton SRAVANA 26, t$94 (SAKA) (A 4 m .) mu 290 beco me * $ m m fior immorality. The Wan- would be a fairdeal to all* including those qhoo Committee, w!J’,e analysing it, has who indulge in black money. described black money th*t it puts integrity at a discount and placed a premium oa The limit in this Bill is Rs. 25,000, It vulgar and ostentatious display of wealth. has been suggested repeatedly that the value There ate no two opinions in this country should be raised to Rs. 501000. The hon. that all efforts must be made both by the Finance Minister does not think it practical State and the people to check blackmoney. and proper. He has Argued that it n*«4 We should not only check black money, but no be reduced either. 1 had an impress* we should see that the factors responsible ti >n that the hon. Finance Minister Would for its farther generation are brought under agree to remove this lim t of Rs. 25,000. I control. would propose, Sir, that this limit of Rs. 25,000 should go and there should be While taking all these measures, we no limit whatsoever. The Finance Minister should also see that as a nation, we do not feels that the temper of the nation is that reduce ourselves into a Police State. they would not agree to raise this figure. I hope he will agree with us. This fair market value is a very doubtful phenome­ Sir, I support this Bill, particularly the objectives inherent in this Bill. It is a non. I really do not know bow the tax noble objective, and, as the hon. Finance experts or the tax machinery would evaluate Minister said, it is a laudable objective. I the fair market value, and ! fear whether agree, we must do everything possible to it would really not open the flood-gates of unearth black-money in this country. corruption in a big way. For the last twenty years, laws are being made and, The h n. Minister has said that the amended in such a large number of ways Select Committee has done its best to that we see that the tax evasion is growing improve it in so imny ways. Unfortu­ every year. Let Government go into the nately still there are many loopho’es, or I whole disease and find out whv our tax may call, certain lacuna, in this Bill. It laws are not able to check black money in was pointed out repeatedly that it vill grant the country. I feel that so long as shor* sweeping powers to the tax admir istrative tages in the market continu* to grow, machinery and there powers would be nobody and no law on earth would be able unparallelled in the history not only of this to check black money country but of any part of the world. The Wanchoo Committee has very Secondly, it would open up the doors of rightly said that it is the tax rates which corruption to an extent which would be far are known to be the highest in the world greater than what we are going through which are largely responsible for creating now. Thirdly, it would certainly give a black money in this country. Therefore, I set-back to the building activity. While would urge the Finance Minister to go into we as a nation are committed to guarantee the disease and find out how we can really bask: minimum to the people and while we check black money. want that the housing activity is encouraged in every possible manner, and that as a It has been pleaded that the best thing nation we should give the basic minimum would be to accept the concept of auction, to the people* I feel, this measure may bring because the moment a property is auctioned the building activity to a standstill. There everybody would know exactly what the fair i s « backlog of twelve millkra houses; we market value it. But that was not accepted need at least four million houses every for many reasons. But now theme is the yew. I wish to submit that this measure question of constitutional validity, and as should be Implemented without in any way also pointed out by the hon. Minister, both impeding the buUdiog activity in the the Finance Minister and the Law Minister country, are sntis&ed thnt this law wiH not relate to the acquisition of property and therefore, I congratulate tbe Finance Minister in we must satisfy artteif 31U>. If that is thftt has accepted the concept o f « to be satisfied* then the proposed a qjisttion pttywili fy* th# Committee 4wS tfcnt must be for a puttoc purpose, This cannot b**©am*niy #Jvenan tmprosilon that there be^xpropriatioi baton ittjNent of

: £Shri VireodraAgarwal] and at the same 'time tobring-in;:«br^'';,y money to the coflfers of GOvernrnem by ■ sation, The question is whether these two acquiring the property which such tax- When the property is dodgers acquire by malpractices and by ; acquired by Government or by the State, misuse of the law. ' what will the State do with the property ? That question has remained unanswered. If One of the ways is that a person who the property is acquired by the State or has acquired a property for an apparent utilised for publicpurposes, then, of course consideration which is less than IS per cent it £oi) be justified. of the fair market price of it has to lose that property under this Bill. Now the This Bill deals only with one aspect of point has been raised by one hon. member black money while so many other aspects of that is might open the floodgates of corrup­ Mack money have remained out of the scope tion. whenever a power is given to a dT thi* Bill. I would p!ead with the certain authority or officer, there is always Finance Minister that they should bring an inherent danger of its misuse. But that forward a comprehensive Bill which would is not valid argument for not conferring ^ black money, whether powers on that authority. Where there is it be property or trade or anything else so power there js apprehension of its misuse. that the nation knows that those who hold How the misuse is to be curbed or prevented black money would be treated as criminals is a matter to be considered at the adminis­ and they cannot be spared. Unless Govern­ trative level. The point we are concerned ment brings forward a comprehensive and a with is whether the measures we are going detailed Bill, I do not think that we can go to adopt in the shape of this Bill are the very far on this question. proper once or not.

Ultimately, the solution for checking 1 would illustrate how this Bill is going black money does not He in these measures. to foe very effective. A person has got Rs. These are temporary in nature. The ulti­ 40 lakhs or a crore of rupees. He is not mate solution lies in the sort of economic disclosing it. At the sarhe time, he does policies that we are to pursue in this not want that this unaccounted money country, whether those economic policies undisclosed to the assessing authority should are such as would produce honest and effi­ remain idle or unproductive. So he enters cient men or corrupt, dishonest and ineffi­ into a shady transaction with another cient men. person and acquires a property the market value of which is Rs. 40 lakhs or Rs. 1 I feel that so long as we do not consi­ crore. But he does not want to show that der the Wanchoo Committee’s recommend­ amount in the transfer deed. Therefore, ations in detail and bring forward suitable he shows a price far below it. Thereby he measures, we shall not be able to achieve shows to the authorities that he has invested the laudable objectives. an amount which is only an apparent consi­ With these words, I support the Bill. deration, not the real amount which is much more than the apparent value men­ SKRT B. R. SHUKLA (Bahraich): I tioned in the deed. extent my wholehearted support to the provisions of this very radical measure In his budget speech, the ban. Finance which would prevent effectively the tax Minister said that at least once he is going evasion practised by a very large number to believe the dishonest man* take his state­ ^ ; lilsessees in this country. ment at its face value as mentioned in the transfer deed and pay him something more no doubt a very wide­ to acquire the property &at is, 15 per cent spread phenomenon in this country, and more. Although I Agree with the object ; various measures have been si ggested from set out in the Bill, | am afraid theBttl to the increasing may be struck d^wn on the ground of I think that the constitutionaKty either in.-the ■; |rw^tv''^ie'asure::’';':iS:' one of the effective . ■' or :wa^» jtatf operation of black money ...... ! 293 Twcatto* Ua»9 SRAVANA 26, 18*94 (SAKA) A im Bill 294 deprived of hi* property lave by authority of Properties worth lakhs wjuld be involved taw which provides for the payment of com* in such cases. A petty official may get pensation and also provides that it is going away or ignore the rule, and a hug?, to be acquired or requisitioned for a public decent sum imy be taken as bribe to purpose, Under this Bill, two conditions see that the provisions of the Act are are satisfied, namely that, the property is defeated in their purpose. My submission, going to be acquired by the authority of therefore, is that the period of six months law and secondly compensation is also Hhould be extended to at least three years, going to be whether it is going to be pro* so that the assessing authorities who are vided for. But I doubt acquired for a public responsible for the implementation of the purpos ebccausc the very objective of the Bill provisions ret a sufficient time to initiate is to acquire property for checking evasion the proceedings, because such a limited of tax So the objective does not slate that period of six months is not enough to pro­ it is going to be acquired for a public pur- perly implement the provisions of this pose. law.

AN HON. MEMBER : Pub ic purpose. There is another feature of this Bill. Supposing the proceedings for acquisition SHRI B. R. SHUKLA : It may be for have not been started or the property is not a public puipose. In every you Pleasure acquired for some reason Or the other, but say that it is for a public purpose. When­ ever we pass any law for the benefit of the appaient consideration falls short of the public, by presumption and implication, the fair market value. What should be done? My subm ssion is that the law of income- it is of course said that it is for a public purpose but when you say in your objectives tax and wea'th-tax should take care of that this measure is going to be passed in the such situations. What is to be done ? order to curb the menace of tax evasion, The defference between the fair market that may be indirectly a public purpose, value and the apparent consideration but not, as I consider it, it is a public should be dejmed as undisclosed income of purpose. So, I have suggested an amend* •he assessee a id it should be added to his ment which may come in due course of income and in the cases of an as4lstee time. Last year, we had adopted another who is liable to wealth-tax, the difference amendment to the Constitution, and that should be deemed to be the capital asset of is, article 31C. That article says that if that assessee Therefore, the appropriate provisions of the gift-tax, wealth-tax and the legislature, that is, Parliament, declares in that very enactment that this is a mea­ income*tax laws should apply and the pro­ sure to be enacted in order to secure the visions with regard to penalty and forfeiture State policy as contained in article 39 (b) should be applicable to such ca&es where and (c), then the validity of the measure the property for some reason or the other shall not be questioned in a court of law. is not acquiied under the provisions of thia law. Therefore, my submission is that though, as my friend says, the provisions of this Bill fully ensure that the property is to be It has been argued by an hon. Member acquired for a public purpose, we must that the whole econ ->mr system should be have a law which is still more foolproof by created in such a way where only honest putting down that declaration contained in persons should live. My subm sion is that article 31C so that there may not be any criminals and tax-evaders and t .x-dodgers further room for contention by the party have been co-existing for a vety long time. interested in defeating the provisions Howsoever idealistic socie'y may be created, of the law. and howsoever idealistic la*a may bs cmeted such persons, whatever may be their per­ I would also go to the extent of saying centage, will remain. that the time limit for initiating the pro­ ceedings it very limited, That is in respect In order to check their activities these of the six months period. Supposing a cleric laws have been enacted. I shonld not be in & certain office hat tlept over the misunderstood because I am voicing a matter 404 the proceeds* hat riot been different opinion on certain points. My initiate# within six months, what happens? only purpose is that law thowld he effective 2M Tmmtom U m AUGUST |T, i m w m t m m

[Sh ri B. R. Shukla] left out of the jwview of the BHf on tbe plea that the transfer is not of flats but there should be no room for Any tax evader of shares> The hon. Member Shn Ba!*d*« to defeat the provisions of law by taking a ndayudham has raised this (question in his ■matter to the highest court tn ihts country. minutes of dissent and I quite support him* He is quite ccr e . According to my opinion, Tfcfr is my submission. I only submit housng co-operatives should have been that if my suggestions are found worthwhile brou ht within the purview of the this they may be incorporated in this Bill Bi!l.

SHRT DASARATHA DEB (Tripura This Bill is confined to acquisition of east): It seems that this Bill has been immoveable property in certain cases. But brought forward with The intention of dealt* all properties under-valued in assessment ng effectively with the tax evaders 1 do in order to evade tax should be acquired not think that the Bill as it is would be Otherwise, under the pretext of the so- able to check tax evaders. We know the cailed “ under-valued”, tax evasion will pernicious effect of black money on Indian continue and such evaders will go on economy, It vs one of the interesting unpunished because the provisions of this characteristics of the capitalist economy BUI cannot touch their hairs, India is silently building up capitalist econ­ omy though there is a tall talk of socialism. 17 hr s. The pernicious effects of black money had not been arrested in these years but it is It has not been made legally obligatoiy encouraged more and more. to acquire any property transferred simply because it is less than fair market value A BUt with stringent measures is long- of the property This provides sufficient overdue to deal with black money but 1 am loopholes. The Government under the sorry to say that the form m which this pretext of this prov sion may spare some Bill had been placed even after consideration people from being brought under the oper­ by th§ Select Con mittee is disappointing ation of thi» law if such persons are their and it will not serve the desired purpose. favourites. Any transfer!ed property, simply It cannot arrest the operation of black because it is less than the fair market \alue money, rather black money will be m oper* for an apparent consideration should not be atton in full swing m the Indian economy. left out of the scope of this provision of If you want to stop tax evasion the first the Bill and such a property should be and foremost thing would have been to acquired It should be made binding on declare demoretisation. Otherwise you the the Govt rnment by law to enforce cannot catch tax evaders This Government this legislation in letter and spirit. Other* is unwilling to den onetise. It seems that w se, the tax-cvaders wiil go unpunished the Government is out to have only some propaganda, some eye-wash Only property exceeding Rs. 29,000 is taken into consideration for being acquited. It is obvious that the party whch is Section 269 (c) (I) of chapter XX contempla­ largely dependent for its survival on the tes that any property of a fair market value mercy of big-money bags, the tycoons exceeding Rs. 28,000 only can be liable fot of black money in India cannot be initiation of proceedings for the acquisition «Kpt£ted to dec'are demonetisation or to of such property, transferred for an appa* steps against their monarch* and lords rent consideration, less than tbe market The ruling j>arty subsists on btack money value by IS per cent. This will leave loop* tad they expect to fi’l their cottars for holes and the property may be transferred m fining electlcns. The present Bill is a piecemeal People who want to evade this gesture or attempt to hoodwink the public legislation can do so by transferring his by saying that they aie go*ng to arrest property in parts, In such a manner that t«&0v*sk#£> eadt pan it of the market value of 1 m than Rs. 25,000. You teeth* o k of Itotd. ltt& e W th * definition of the term Before the ceiling came into ^ they •ttmwwta prof**!*' ta wrymudi dtftwlv, fad i m t i t r k a if * tteu itot sfw>«fe» to»e im such that they stiM keep the ' r jW fr n & i* U r n SRAVANA 26.1»4 (^4:^) M * * .) B1U 298 property intact though is different names, Some people tay that it may lead to compli­ in thfo cate alto it will happen, because cations and they may go to the court. If people ate clever enough to evade this law. the Judiciary comes in the way, it Should lie You ai$ giving them ample opportunity to ttopped by suitable legislation. After all, trantfer tibefr property piecemeal and they we have enacted so many legislation just will not toi ched by thit Bill. That it to avoid intervention by the judiciary, So, why I oppose it. thit compensation clause thould not be there. THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI K. R- Then, the term “fair market value1* it GANESH) : This matter wa* gone intovery confusing. There mutt be tome guidelines. extensively by the Select Committee and Otherwise, it will depend upon the tweet the definition of “ property” hat been expan­ will or mercy of the officer astetting the ded to take cart of the apprehensions he value or the market price, and the govern­ has expressed. ment will be the loser,

SHRI DASARATHA DEB : I am not SHRI K. R. GANESH: If only in the questioning the wisdom ofthe Select Commi­ Select Committee the hon. Member had ttee, but I differ from their judgment. seen to it that hit representative in the What the hon, minister says is not there Committee had strengthened the views held in the Bill. Hence the words ‘exceeding by a section of the members of the Select Rs. 25,000” mut>t be removed from this Committee, many of the problems which he Bill. is raising would have been solved.

The provision for not taking any action MR. CHAIRMAN: But that does not after the expirv of six months of the regist­ preclude him from expressing hit viewt. ration of tianifei is a defect. This is very surprising and funny. If within 6 months SHRI K. R. GANESH: I am only poin­ any proceeding has not been instituted ting out that all these points were discussed against that person who transfers the pro* in the Select Committee in all seriousness. perty, he will not be brought under the Many views were expressed in the Select purview of this Act. The b.g people have Committee; Government themselves had sufficient money. They can corrupt the some vievs s in the matter as a .result of the particular officer who is dealing with the experience gained in the implementation of case and with his collusion defraud the the Act. So, 1 am only saying that a little government of its due. In the mean while, more seriousness will help us to have better the time will elapse. So. people will be able laws. to evade these taxes. That is why I say that thi&provision must go and there thould be no SHRI DASARATHA DEB; It Is true time limit. If at alt there is any time-limit, that my representative was there. Even if it thould be three years and not six months. it was not raised in the Committee, that Becaute, sik months are not sufficient to does not preclude my raising it here. start a proceeding against a person. To So, thit particular clause it highly objec­ provide that no pioceedmgs shall be institu­ tionable and our party cannot support tins. ted alW the expiry of six months of the registration of the transfer of property, Thirdly, even if we pats thit Bill, we coupled with lack of any provision to deal cannot stop bteckmoney. As ! said In the with waat on delays* again opens out the beginning, the first and foremost task which way Po% evading this legislation. Therefore. you have to attend to it demonetisation. 1 fully agree with the suggestion made by Than, at leatt, jtou may get tome money. Shri BaJadbtndayuthatn., O herwise, yo# cannot get It. . . . T W Hie provision that compensation R, GANESH: H itt money im has to be paid 0 t* m per cent In excett it gone into tiiete channel^ that money U not ' also u»warr#nt*d, do y m waul to give availably

Jt'CirttfsftSaw ta** nwttuukit. b» ftr WMM. ,0 i > 39? ; AUGUS tSJtcl Bill wh-Ma - ; ; Witl> these words, I conclude my speech* Committee in a very lengthy wa$« ::.;\ WtiGtt one of the leading lawyer* o f the country, '■&HR* 6v V iSW A N > ^ Mr. Setal vad, appeared before the Commi­ Mr.Chairman, Sir, this is a Bill whish ttee, he argued that, in pith andaubstance, is the outcome oT the Interim Report of the this Bill is not a law relating to taxation Wanehop Committee. Though we are to but is a law relating to acquisisiton of pro­ see theoutcome of the Wanghoo Committee perty and hence, it must apply with the Report, we are yet to sec the Interim constitutional requirements, namely, article Report of the Wanchoo Committee. Sir, 31(2) of the Constitution. It reads: a* a Member of the Select Committee, you a?so wrote to the Minister that a copy of “ No property shall be compulsorily the lntcrrm Report of the Wanchoo acquired or requisitioned save for a Committee should be circulated at least to public purpose.*’ the Members of the Select Committee which was not done by the Government in Mr. Setalved argued that if it is going its own wisdom. Now, fortunately, Mr. to be held that it is not a law of taxation Joytrimoy Bosu has given us a copy of the but a law of acquisition of property, then Interim Report of the Wanchoo Committee. “public purpose** should be established. But 1 do not knoW whether it is authoritative the Law Minister, Mr. Gokhale, argued or not. It is upto the Government to before the Committee that it is not a law challenge it. relating to acquisition of property and that it is only a law relating to taxation. He As fat as the Bill is concerned, I am in said : complete agreement with the object of the Bill, that is, to counter evasion of tax “ A taxation law may not impose a tax through understatement of the value of but may provide for the machinery to immovable property, to check the circulation plug loopholes.” of black money and to curb the practice of benami holding of property with a view to Hence, he said that it is not a question evade tax. But to wine out black money, of acquisition and, even if it is considered we have to see that btack money in circu­ as a law relating to acquision, he said that lation is prevented and also, in future, the the public purpose will be the stopping of creation of black money should also be tax evasion and the curtailment of black prevented. For that, I suggest, an effective money. That Will constitute a public way and that will be that all the payment® purpose. which we make, say. for example, above Rs, 100 or Rs. 200, should be paid only by Again, it has been argued that under cheques or drafts* That is to say, all the Entry 42 of the Concurrent List read with liquid cash should go through the bank. Entry 92 of the Union List, the Union Only then we can wipe out black money Government is empowered to acquire pro­ from circulation. perty throughout the country. Another positive way that I would like to suggest is this. At present, our income- It has also been argued by the Law tax rate is so high as expressed by the Department that the public purpose has Wanchoo Committee—it is 97.75 per cent been defined as : that a man who earns some income wou’d like to evade tax and keep something for . “The phrase. whatever else it may mean : ■! think, . the Government must must include a purpose, that is an object constter the suggestion of the or aim, Iti which the generat interept of ;,;j;Ctommittee to bring down the the community, as tite parti­ highest rate of tax but, at the same time, cular mterestofindivTduals, is directly law - very vigorously and aw$; ;; -J- com e. to the., main question* general interest in the &iJJ must cojastitution*rvalidity ■ regarded ft* public purpppe/V 901 taxation laws SRAVANA 26, 1894 (SAKA) (Admt.y Bill 302

Timy Juve also inferred to the Const** Taxation Laws is based upon the interim tutlonal provision article 3KSXbX0. that report of the Direct Taxes Inquiry Commi­ ‘Nothing in Clause (2) shall affect the ttee given by Mr, Wanchoo. I t , was not provisions of any law which the State may wise on the part of the Government to have hereafter make for the purpose of imposing given the privilege to a membir to leak the or levying any tax or penalty* and they say interim report. that the provision is a precautionary measure and will protect the Bill as far as 17.19 hr®. this is concerned I think, the Supreme Court may not agree with this far-fetched [Shri K.N. Tiwary in the Chair] argument. Once it is held that this parti­ cular law is a law relating to the acquisition ft was still, more unwise for the Finance of immovable property, we will have to Minister to have attempted to explain as to establish that there is a pub'ic purpose for why the interim report was not published this acquisition. Hence, the Law Secretary or released to the public or placed before was wise enough to suggest—and he agreed the House. Even if he had remained silent with my view and suggested —inclusion of on that account, he would have been wiser. a provision m the Bill to the effect that the By trying to explain or give reasons for not property acquired will be used for a certain publishing the report—which were not specific public purp)se. I d> not know convincing to us—he has also created more why the Government did not a^ree with the suspicion, and it has become a matter of Law Secretary and have not inc’uded any questioning everywhere—not only by the or some of the public purposes m the Bill. members of the House but even by the Hence, I have mv own doubts that, if it is Press which had to comment that the challenged, it may not withstand in the reasons given by the Minister Supreme Court. were unconvincing. Now why do 1 take up this Interim Report 1 It is Another po»nt that I would like to because this Bill is based on the Interim emphasize is getting prior clearance for a Report. One of the recommendations made purported sale. This has been taken up in m the Interim Report is being sought to be the Select Committee. If there are inno­ implemented here in this Bill. But, of all cent buyer and seller, they can get prior the recommendations made in the Interim clearance; after entering into the agreement, Report this is one of the smallest recom­ they can apply to the competent authority mendations. The other two recommend* and if the competent authority says that ations are more important and particularly, there is nothing wrong and they can go demonetisation was really on of the most through the sale, they can go through the effective ways of dealing with black money. sale and they can, without attracting the sword of Damocles, namely, acquistion of The second one also, with regard to property, enjoy the property as a whole. ceiling, if the report, as leaked out by the The Law Secretary is inclined to agree with Member is true, with regard to ceiling on this view. cash one can keep with himself, can be very Finally! as the members have already effective. This is only dealing with the pointed out, this is no doubt a drastic matter in piecemeal and this particular power which is going to be vested in the recommendation, however welcome and officials. As has been pointed out already, however good a step in the right direction, there is a tremendous scope for corruption is not adequate. m this Bill because we are going to deal with lakhs and lakhs of rupees worth of So, at the outset, I want to say that Property, whether it ts house or landed this is a very piece-meal legislation. The property. Government should be aware of Bill is very much restricted in its seope and this and should take precautionary measures as such, it is not going to be very effective. while implementing this measure Now, this is a Bill on evasion of taxes* With these words* I support this Bill* I want to goon record that if a Bit! on tax SHRI SC, BALADHANDAYUTHAM evasion sho«M proceed against further (OoimtaWm) .\T1>e BiB on amendment o f v talo a ,« Bill v&tch it against ta* evasion > 0 $. •

. case i v apprehended within six months^ ^ ^ ' proceedings are initiated' ..rhOf^*,■ ife ^d-li^,'fend itsetf tc^ 'eviiste1''1 That ?* It is one thing for you to ::;bHu|;' ; v efficiency in the executive and «Ai6tlik ttii« to give this loophole and if the period of ' JSHATtACHARYYA (Scrftmpore): OouWcscope for evasion. six months elapses, then can get away tilth it and go scotfree. ^ ^ BM^AI^A^OAVUTHAM : ■ .^feiaK?:t;;Vi^iKg|MpM : the stipulation with With regard to the second provision alao« retard to the minimum amount, and the they can make...... stipulationwith regard to the minimum time fGf mitiatioB df proceedings oan be deleted. mar wt «nf (w * F g z ) : W rsf^r But tfce Fiaance Minister, while introducing JHjtw, m * «nr^ffT 11 theBiH.seemsto be convinced that there jwiht in what I said that with MR. CHAIRMAN : The bell ii. being regard to the minimum there is scope for rung ...... evasion by dividing the property and dispos- iog it off piecemeal and with regard to the Now, there is quorum. The hon. Member minimum period also collusion is possible may continue. that officials and, especially, big sharks are capable of and have got the means to influ* SHRIK.BALADHANDAYUTHAM. Sir, eaee and corrupt officials so that the period the claim of the Government has been that stipulated may elapse and they may go scot* this Bill is a Bill of penalty, —that is, that free. Now, this is our apprehension. But the property that is acquir d, is acquired as the Minister was trying to convince the a ‘penalty’ for people who evade taxes. It is House that with regard to the minimum not odd, Sir, that in a Bill of penalty, you amount, that is, Rs. 25,000 regarding valu­ reward the guilty with a solatium of fifteen ation of property, if it is not there, there per cent ? With regard to this very matter, will be too many cases and administrative I raised an objection and 1 gave out my . difficulty was the plea taken by the Finance dissent but this was dismissed very casually Minister. If it is only the question of by the Finance Minister, on flimsy grounds. administrative difficulty, is it not possible It was pleaded before the Select Committee for the Government to initiate policy that that the Courts may hold that this is a dis­ the Department need not go into cases criminatory Bill, if the acquisition is done which are below the value of Rs. 25,000 and under Land Acquisition Act, they have to ; only concentrate upon those properties pay a solatium of 15 per cent and if this , which are above that ? You can have a Bill acquires property without paying that policy, but if you put it in the Bill, then solatium, the Court may hold it discrimina­ ’ it becomes a handle for those who can tory. This was the plea advanced; this was 5jig y ^ J ^ a n d who want to evade. But, if it the argument, which I may re&pectfally sub* is 4 policy* you can provide against it and mit, a flirmy, Argument, —which was : j j: a|j ^ same time, see that there is no advanced, based upon which the Select administrative difficulty because of accumu- Committee was persuaded to accept the 15 be dealt Wife. per cent solatium, but otherwise, the con* ‘I; appeal to the Finance Minister even ■ aensus was a&d continues stttlto be th a tw e §yyyj*^^0;deaJ with the question as a matter need not reWard the iuiity by paying I? per not as the letter of the law cent solatium. Anyway, theconsemusta the as part of the Bill. House, l am m e is th iv th atif this cent-' solatium could be avoided, that would" With regard to the minimum period also, ' be weiconw, -to . '-iliiat people who have cent should^ f The . hsdsom* tcaasactions are not anxious about Wfeat is going to happen to them and in order ■.point ^af■ Sfe r'# /iWiS ? waot to provide a , mioinBttm period, I would suggert that you after alt the difference featwteti the market enforce (Me. You see v' ; ■ tfaaith*OcgaxtMrt act* in time tad :*tery 305 Taxation law* SRAVANA 26, 1894 {SAKA) (Admt,)BiU 306 property; you pay 15 per cent more. You it may be, I welcome thit Bill because it is acquire property at market value very nearly. a step in the right direction. However, t Where is the penalty ? Penalty it supposed would tubmit that this Bill is a half-hearted to*be the blacfc-money exchanged under the one, and in its implementation, there are table. going to be so many difficulties. I am alto afraid of corruption which has been referred If this is the way it is going to be a to by my hon. friend Shri G. Viswanathan deterrent, only if you acquire the property from the DMK. by succession, it is not going to solve the problem. I can understand if this Bill To prevent corruption on the part of a includes all immovable property which is valuer, there is a provision to the effect that assessed under less than the market value a valuer who is found guilty of wilfully for payment of taxes. In that case I can wrong valuation shall be imprisoned or understand this Bill. Bit what happens fined. I tried my hardest to see that it was is, this is only a piecemeal attempt. It is only imprisonment, because where offices only a deterrent; it wants to prevent the are concerned, they should be above board, passing of black-money at the table, while and they thould be above reproach and selling of the property or the buving of the suspicion, and at least in the case of the property takes place. In a Bill of this nature valuers whoes word is going to be taken which his to act as a deterrent, the deter­ seriously in dealing with properties, we rent can be there only if it frightens the m m thought that the clause must be more strin­ away from entering into these transactions. gent and it must at least put the fear of God But we find that Government are going to into them that if they deal with the matter pay apparent cosideration plus 15 percent. casually or if they do it for other consider­ Apart from the amount that they pay, they ations, they will be dealt with very strongly are going to pay solatium also as if it is an by the law of the land. But that provision ordinary or normil transaction and there ii also is not there. no penal aspect about it. I submit that this is not conduetive to the objective. I would Ultimately, while welcoming this Bill, I strongty urge that this clause under which would like to urge upon Government that Government would be paying a solatium there must be a comprehensive Bill dealing should be deleted. I would like Govcr.i- with the entire question of black money ment themselves to come forward with an which would prevent balck money in any amendment, or else accept the amendment form. which 1 have tabled for dealing with this aspect at least, because this is Bill which is For that purpose, even nov, I would attacking black money and transactions in like the interim report of the Wanchoo black money and it is for the first time that Committee to be pjbhshed and placed on acquisition of property by Government is the Table of the House I want the Wanchoo being resorted to as a matter of penalty for Committee's full report to be discussed in tax evasion. this House, and when a comprehensive B.U It has been argued that this is not acqui* is brought forward, these things can become sit ion for a public purpose. I submit that a part of that measure. Tackling thit prob­ lem in a piece-meal way would not tolve the it is not a Bill for acquisition for a public purpose, but ft on'y a Bitl of taxation. If problem effectively; Again, it would become it is a law of taxation which contains a one of the measures which would be disregar­ penal provision, then I thl*k that the pro­ ded and circumvented and made a mockery vision regarding solatium should go. If that of by those who are continuing to accumu­ particular clause is not deleted, I feel that late black money. the Bill will become a very normal Bill and it will not be a •deterrent and this provision With these words, I welcome this Bill wiH vitiate the very principle of this and support it but I would like the amend* at# al*o defeat its very purpose, mentt which I have referred to be accepted Bill will by Government, and if the $i!l it passed tocoaflH»toe,l would say aaly thit that with those antendmentst it would take us in tty* $ unfa a piecemeal m tight direction for dealing with blacH 's a.vofj iettstctodoiau However f«s«rtet*4 m m r , XBiobillO- r . r ^ ^ M - a meaningful "ittefciure which. has O hcofthe poih& ;f »i«ed,;w^iefa, ‘^ a ;:-cqn^]; A>nfr0dus*d;:. three ;,i^oye^' into the t a r ' ■' derabie ^ c e in it is,' ,, atr^rtww of this' -country..; The three novel* meat, particularly the transfer part of U. 1 detect And prevent the under- would be attracted by art. 31 (2). v *‘-coteaiQ»sid^s' ' fceptal . aasetr in the returnssubmitted to the income-tax authori­ There are three things involved under ties* secondly to prevent the purchasing of this article. One is that no person shall be 5,Jto r ? •. *a" amount less than the deprived of his property without the autho­ market value and thirdly to see that black rity of law. Secondly, there should be no mQney is not invested in benami transac- acquisition or deprivation of private proper-; tionsv ty save for a public purpose. Here comes the difficulty. There are two things* Is it the. three laudab'e objectives necessary to take it that whatever property meconcerned, there is no dispute about is compulsorily acquired must be used lor tjhem are and there is no difference of op­ a public purpose, that is to say, it should inion also. But on certain details, the be used directly by Government ? The point differences are bound to be there. is whether the use which is to be put of it In this context, I wou!d like to point is to be viewed as a public purpose or out that there is a provision which says whether the acquisition is to be for a public that when there is transfer of property for purpose or not. which the market value is more by IS per cent, then the tocomcrtax authorities I would like to illustrate the point to can initiate proceedings and acquire the make myself clear. Suppose a particular property for the consideration mentioned piece of land ifc required for the purpose of in the registration deed. construction of a school or a building or an industry, povernment compulsorily acquire ; So this will, to my mind, operate as a the land and give it to somebody else who salutary deterrent I would put it no more puts up the school or industry. The Govern* than that It will be a deterrent on the man ment do not directly do it. sells arid on the m*n who purchases. It is more a deterrent on the person who So the concept of ‘public purpose1 must receives the property for a consideration be viewed widely. Once you accept that wide shown in the document registering the deed connotation, there is no difficulty about it. asonlyan apparent consideration, not ike Even otherwise, suppose you say that public r«a] amount, because he knows that there purpose is to be construed as a purpose for is thepossibility of Government acquiring which that property is to be utilised, then it it at the value which is mentioned in the can be covered, though it is not meant for document plus 15 per cent solatium. As I a public purpose in the sense that it is used said, this is a double deterrent, both on the for a . public. purpose. , The sum and substa­ •setter and on the buyer. To that extent, the nce, the di ect result, of this particular amendment is meaningful and novel also. acquisition is that it nothing to do wMJ* that part, but it is more for the purpose of Then comes the question of banami penal action against tax evasion. If you transactions. The Bill provides that if any person claimsin a court of law about the accept this, I do not think either way the matter will be open' to, doubt. ;;.v:. property, unless he his shown the income from this in his income tax return, he can- ■ Of action in tjie, court. Coming to certain criticisms of the Bill, K:&'J»

unless It is property of a high magnitude ? that the Government has to accept that The administrative problem* are there. there must be at least one yea*. Let us all Take, for instence, the property of Rs. 10,000 be fair enough to see that whatever we do, which is acquired. For that, we have to we should not have any limitation. Anyway spend Rs, 10,000. So, if small properties one year is substantial. are not going to be acquired for obvious reasons, and when you look at the problem Similarly, about 15 per cent, actually, in its proper perspective, when properties what is happening ? When will the initia­ are compulsorily acquired for a public pur­ tion of the proceedings for the acquisition pose, the administration of these things will of property take place ? What is the guide* Itself become a big problem. I can under­ line The guide-line is, when the market stand the minimum, but there are two other value is more than 15 per cent of the amount things which agitate my mind along with mentioned in the sale-deed, then alone, the that of other friends About that also, 1 proceedings have to take place. If the have tabled some amendments. amount is belcw that, no proceedings can take place If the competent authority comes As the hon. Minister rightly stated, in to the conclusion that the market value of the original BUI, the period of six months the particular property is about 16 per cent i* to be counted from the time that is, the property is more than what is the information is got from the registration mentioned in the document, what is the office to the income-tax depaitment. It is point in paying 15 per cent ? Or, let it be good. But now they have substituted the just 15.1 per cent. What does one get out provision and said that the period of six of it ? Apart from the percentage, what is months shall be from the date ot registration the tremendous amount of expenditure, by in the icgistrar’s office. The original provi­ virtue of this thing, that is involved here ? sion was meaningful in the sense that there was a period of six months after the income- Now, you are having what are called tax au’horities received the information. value-officer s. Now, that period is also further reduced by AN HON. MEMBER : Valuers. (Inter* viitue of certain alterations in the wordings rupttons) in the Bill. It is everybody’s knowledge, how the department works. Of course, the SHRI K. NARAYANA RAO : You are hon. Minister gave us an assurance that having a new system by having value-officers. he would see that all these things would be This is the first time that they are introduc­ expedited, but if only he goes to the lower ing, apart from the registered valuers, what level* he can see what types of devices are arc called value officers. You have to main­ adopted to sec that a particular thing does tain them, There is litigation; and there­ not go into the desk. after, even for the properties you acquire, you do not know the use thereof. My submission, therefore, is this. When once your basic objective is to achieve a Sometimes the money stands idle on ceitain thing, why amend the original pro­ that particular property until you put it to vision ? Nothing is going to happen. I beneficial use. Therefore, paying fifteen per submit that a period of one year would be cent, the logic or the legality of it is not meaningful, because, after the registration, understandable. I submit: let it be below 15 the matter Is to go to the concerned autho­ per cent. Instead of 15, 1 have asked foi rities, and the concerned income-tax autho­ 12 per cent tn my amendment. With these rity has to varify whether this particular remarks, I Welcome this Bill and support it. property is there and whether the amount mentioned in the sale-deed is in excess of SHRI C. M. STEPHEN (Muvattu- 15 per cent of the market value or not. For puzha) : As could be expected* 1 rise to the tatisfafclion of the authority, certain support this Bill. I have no doubt that tjfoe enquiries have to be made and only then, basic policies which motivated the drafting can cdttte to the conclusion that the parti- of thift Bftl will receive general acceptance c^ariircperty mentioned fin the document from all tecttattt of tjfoC House, though exceeds or M eat tftato i% p tt eitit of the tom* femtftdinenfe taay be moved. I wont to market value. Therefore, m is remind |1» House that this measure was What is spelt out in the deedwiil bo good canteraplatedby line Finance Minister even tytf jf coostitotioaatty that is not m i m as Is ^ l^ssiblc, something more may have to be iii *u* w««ty»» irfimch m May 1971: done. It is in that spirit that this amount has been spelt out. Even there, thereis . ‘‘Undervaluation of property has sufficient discouragement for the investor, been one of the means of evading wealth We step in when the margin is 25 per cent tax, capital gains tax and some other 15 per cent is the solatium we are giving. He duties. It has also been an important *s losing 10 per cent. But 25 per cent is the avenue for the circulation of black minimum margin. Actually it may be more, money. This practice could be greatly So, the transferee will be losing substantially discouraged if Government had the even if 15 per cent is given. Therefore, It power to acquire properties at prices has to be conceded that a solatium will have that correspond to what is recorded in to be stipulated if it is to stand constitu- the saledeeds. Accordingly we propose tional scrutiny. Whether it should be 15 or ■ io move a Bill during the current session 10 or 12 per cent is a matter of minor judg- td acquire the power. I. hope it would ment. Once an assessment is made that he not be considered dishonourable to has really paid money more than what is take an honest man at his ownword.” evidenced by the sale deed, there will certainly be further proceedings against him, An attempt has been made to make out asking him where from he got the money and as though this step was proposed by the soon. This may be just the beginning of Wanchoo Committe. I quoted the budget further proceedings against that man. There speech of the Finance Minister only to emph- is no doubt that this is an effective, well- asise the fact that the step was contemplated jmentioned step of going ahead to net in long before Wanchoo committee ever thought black money. This was contemplated even o f it. Anyway it is now taking concrete j | years back, shape...... (/nr«rrtfpift7iMfr) I am not here opposing the dissenting note of Mr. Bala- The next point raised by Baladandayu- dhandayutham; I am in sympathy with some tham was this 6 months period. The Finance o f : the propositions he has been Minister in his opening speech has dealt propounding. with that. I do not say there is no force in the argument of Mr. Baladpandayutham, but As was cogently pointed out, this meas- there is the other aspect of the matter. ; ure being a penalty measure, the solatium supposing the transferer for the purpose of | that can be granted has got to be minimum, concealing his income and making a profit I The money that is going to be paid bnt out of the value of the property, sells it, and concealed under the transfer deed will be supposing I purchase it in a bona fide took for the purpose of protecting the manner at a bargained price, should there transferee than for the purpose of protecting not be some certainty for me to possess the transferor. False deeds are taking place that property ? If the Damocles sword is so that black money could find a place for hanging over me all the time, would 1 care investment. To increase the value to to work and improve that property ? To a the extent of 15 per cent may defeat the certain extent, for a certain period, this purpose of the Bill considerably. Once it uncertainty can continue. But it should not is conceded that the property is worth be for alt time to come. So, a time bas to ; really more than what is spent not in the be stipulated. Whether It should be 6 or 9 deed, what should be done ? We proceed or 12 months is again a matter Of detail when we assume that it is at least 25 per The important matter is w ith er a time cent Jess than the real value. Therefore, stipulation must be there or upt, , | feel it it is conpeded that the value of the property has got to be there. If the Government ^ is higher than the figure spelt out in the could on its own come to the House with a it may :not.. .'be leg atio n asking for power tQ take over a If attempt is property almost around tbe prjce which i* over the property tpcttoat in tketwmiter dtt& tike b o m & h * ■ ///.W ^ : 7-'vWheV .. may .^appear , and earnestness whichprompted the Govern- ■ W- ** * |eas0«al$e compensation meot to: do so wiHcertainly enable .tte $11 Tqxmkm laws SRAVANA 26, 1894 (SAKA) (A4mt.) m U 1

Gov emnifciit to come before the House again the move is not scuttled by judicial scrutiny. tf they find that this six months' period is Secondly, in our enthusiasm we shouti not too abort and person* are escaping from forget the necessity of giving a sense of the net, The important point ts, an earnest security to people who are purchasing pro­ effort ts being made to face this malady of perty because it may result in deliberate black money. Much has been said about the abandonment of purchase of property if interim report, I do not know why so insecurity conditions prevail. Although much noise is being made about it. there is quite a lot of sense in what Shri What is contained in the interim report, Baladhandayutham said, we have to appro­ that broad proportion is already there ach the proposition from these two angles jgyen in 1971 this was spelt out clearly It and these two points of view have to be m not as if some new big discovery has given their own weight and they Have got to ■tan made by some body and so repeatedly besuppoited. With these observations, I ■ demand ts being mad and much noise is support the Bit) whole-heartedly. Ifeade about a discussion here. It would say Ihat in the inerests of the general dignity w rits v y r ( v n & m aft? even though incessantly, repeatedly ad «rr> s*r farw % % fat? gsm w - nauseam demands are made for its discus­ sion arre ^sr *&tm g i i r t t m % M t i % fff^fffSr arjsr Three propositions were put forth. They VSff I iff* ffift apt «cff are being implemented There is no hide and seek about it Does anybody think that inrr the government, as it is constituted today, does not want to fight black money * It has got to fight black money if it wants to m s t r j * I , 5rrs%£ %aRrr % s r o t exist, if it wants to implement its policy. faff cR$ % fare? t o r fr o sref ft % It is a question of "To be or not to be** % f a r Certainly, the government which is in charge of the administration of the mft mt fft$nr qraft m country today, is much more anxious, f, faff & « r much more earnest, much more subje­ ctively interested m fighting black ^1% # VtfTO faff 5TTf % fffrtt money, because if it fails to fight black fffffff i n an% 8tr o t money then it will not be able to achieve the economic reconstruction of the country. %sr aft tftfwn m xft gff fa^nr So, let no one come forward as the cham­ a Sff fm v t v$ g a rre t mft «tt i pion of the fight against black money If that demand is pressed too much, there will be a microscopic enquiry which will 3TTar w ff«rm arm $, w reveal things which will not be palatable fa n srr^ff m ff*rw a rm even to those persons who make that s£sr ffsft far wHr, srrifar demand. Therefore, let us forget all that. % aw ra ro rr, sms%s % Now this provision has been brought ftrffmeft 3tt% f » fff faw % forth. I must compliment the government for giving concrete statutory shape to the m r a * V& star fc i w promise which was spelt out in the first f «TT Iff Wf speech made on the floor of the House. fcift t—f* ffi qft anft fffi% Defects, detciencies and shortcomings have got to be detected by experience. It has got v m% WH ilWfU ^ to be done step by step; a forward move *f «Rp ftr 1% w f i w u f t baa jo t to be made. But when we make the move, we *I*o have got to be » refill that ^

Vi'S ^M;: : WfswTW;«tt|ir f pwfirw t ^l# - m f *fa *ry< » v% n w TTrvnr p sjnr,. . ( s w r n r ) . .. *t i$rf**r m * «$?r w f t 1 1 «St ’ft t i t ^'";-:''V! ■- vT' ftm 'M t o r ** ^ *rfffe m fct ^ r Hm s m S a T ^ '-ilW ipjptT w x, m s t s t * w ifa* sn tf* few «& w f ti V'Krrjr* v * :'Mmi,-. m> •'-■^t.ii^ ,,v.:^ u .. .. i ■■**. •... -^,rV ■■ W SN-^I- *T« ^*T*?T T«CmT Wf * f e f t «f?r $f*tnR jT^sfTW tomorrow. j «n t»«nfeft, afap* tff w rf

^ ■ ' ' ' . ' : ' '”' \ ,■ . .. ■■■,.■; ..- ■■ A •'./.■■> ■ ,- . : P ta ttU t VUUi. :