ParliamentaryRAJYA SABHA Bulletin

PART-II

Nos. 57403-57419] TUESDAY, JANUARY 23, 2018 No. 57403 Table Office Decision of the Chairman, on the Petition filed by Shri Ali Anwar Ansari, Member (since disqualified) against Shri Ram Chandra Prasad Singh, another Member under the Tenth Schedule to the Constitution of

The decision, dated the 19th of January, 2018, of the Chairman, Rajya Sabha given under paragraph 6(1) of the Tenth Schedule to the Constitution of India is as under:–– “ORDER Shri Ali Anwar Ansari, Member (since disqualified) of the (United) [JD(U)] in Rajya Sabha (hereinafter called 'the Petitioner'), filed a petition before me on the 30th of October, 2017, under Article 102 (2) read with paragraph 6 of the Tenth Schedule to the Constitution of India and Rule 6 of the Members of the Rajya Sabha (Disqualification on Ground of Defection) Rules, 1985 (hereinafter called 'the Rules') praying that Shri Ram Chandra Prasad Singh, another Member and Leader of the JD(U) in the Rajya Sabha (hereinafter called 'the Respondent'), be disqualified under the Tenth Schedule to the Constitution and his seat be declared vacant in the Rajya Sabha. 2. The main allegation of the Petitioner was that the Respondent by openly pledging his support and allegiance to Shri and by supporting and actively participating in the alleged egregious activities of Shri Nitish Kumar, namely, (i) not conducting timely organizational elections within the JD(U) in accordance with the party constitution; (ii) devising a clever conspiracy to reduce the strength of the National Council of JD(U) in a fraudulent manner, so as to eliminate any chance of opposing him; and (iii) withdrawal from the and formation of Government in with the support of the (BJP), has betrayed the trust reposed by the people of Bihar through their mandate, all of which were for pure political and opportunistic reasons, had indicated his total disregard and lack of faith and allegiance to the party and its constitution. The 2 Petitioner has alleged that these actions and conduct of the Respondent has ipso facto resulted in his voluntary abandonment of the party and its constitution and by necessary implication, which amounts to extinguishment of the membership of the party itself. He submits that the Respondent, who was elected to the Rajya Sabha on a JD(U) ticket, had been illegally appointed to the post of the Leader of JD(U) Legislature Party in Rajya Sabha by removing Shri from the said post in an arbitrary, whimsical and capricious manner, which is in complete breach of the party principles and its constitution. He further alleged that the Respondent by attending the meeting of the illegally constituted National Council on the 19th of August, 2017 and by supporting Shri Nitish Kumar in resiling from the Mahagathbandhan, which was approved by the then duly constituted National Executive on the 20th and 21st of December, 2015 as well as by the National Council on the 23rd of April, 2016, had indicated that he had decided to veer away from the basic tenets, principles and the binding resolutions of the Apex body of the JD(U) and that he does not have any faith or allegiance to the National Council or the National Executive and the party constitution. 3. The Petitioner has alleged that the Respondent has allied with Shri Nitish Kumar and his faction for sheer personal gain and political opportunism. He alleged that the autocratic and undemocratic manner of functioning of the Nitish Kumar faction has alienated the Nitish Kumar faction from the majority of the cadres and members of the organizational bodies of the JD(U) and have reduced them to a minority splinter group, which has broken ways with the real JD(U) political party. The petitioner further submits that the mere fact that majority of the members of the JD(U) Legislature party, both at the State and in Parliament, have conducted themselves in similar fashion does not and ought not be used to validate their illegal actions and shield them from the disqualification that they have voluntarily incurred. In this regard, the Petitioner drew attention to the pending dispute before the Election Commission of India (ECI) wherein he along with Shri Sharad Yadav and their supporters had sought recognition of their faction as the real JD (U) and for allotment of the party symbol, Arrow, to them (though the Election Commission has decided the symbol dispute in favour of Shri Nitish Kumar faction). In support of his allegations, the Petitioner has also annexed newspaper clippings, copies of the constitution of the JD(U); programmes and policies of the Mahagathbandhan; Resolution passed by the National Executive of JD(U) in its meeting held from the 20th to 21st of December, 2015; Resolution passed by the National Council in its meeting held on the 23rd of April, 2016; programme of the organisational elections within JD(U) in 2016; Resolution passed by the National Executive in its meeting held on the 17th of September, 2017; Resolution passed by the National Council in its meeting held on the 8th of October, 2017; the various representations/petitions filed before the ECI and the Orders passed by the ECI in this regard including 3 the last application dated the 17th of October, 2017 and the affidavit dated the 22nd of August, 2017, filed by the Respondent before the ECI in support of the Nitish Kumar faction. 4. Having satisfied myself that the Petition complies with the requirements of Rule 6 of the Rules, I, in terms of sub-rule (3) of Rule 7, caused on the 10th of November, 2017, a copy of the Petition along with all Annexures thereto, to be forwarded to the Respondent, with the request to furnish his comments thereon, in writing within seven (7) days of the receipt of the same. 5. The Respondent furnished his comments on the 13th of November, 2017, wherein he submitted at the very outset that the Petition is misconceived and deserves no consideration, since it is not only based on incorrect facts, which have no basis or substance, but is also a lecture on standards of morality and ethics, which are neither relevant nor germane to an inquiry under the Tenth Schedule. The Respondent refuted the allegations made against him and termed them as false and factually incorrect by categorically asserting that there is no dispute about the leadership of the JD(U) and it is Shri Nitish Kumar, President of the JD(U), who alone heads the party and that the decisions regarding withdrawal from the Mahagathbandhan and aligning with the BJP were taken by Shri Nitish Kumar with the unanimous approval of the State Legislature party in the meeting held at Patna on the 26th of July, 2017. The Respondent further submitted that the sole basis of the said decision taken by the JD(U) was not to compromise on the issue of corruption by remaining aligned with the (RJD), whose leaders were embroiled in serious charges of corruption, money laundering and benami property dealings. This decision was subsequently approved unanimously by the National Executive and the National Council in a meeting held at Patna on the 19th of August, 2017. He also submitted that it was the Petitioner, who instead of adhering to the unanimous decision of the party, had started publicly speaking against the same and had chosen to ignore the advice given by the party to desist from such acts. He stated that Mahagathbandhan was only a political alliance and joining or breaking away therefrom was based on the unanimous decision of the party and democratic parties can in no way be bound to their past decisions in the face of change of circumstances and against the will of the majority. Moreover, individual opinions should get subsumed in unanimous or majority decisions. 6. The Respondent also submitted that the election of Shri Nitish Kumar as the Party President and conduct of organizational elections within the JD(U) in October, 2016 were held very much in accordance with the party constitution and rules and the results thereof had been intimated to the ECI in November, 2016, which is available on the ECI's website for public perusal. The Respondent alleged that the argument of the Petitioner to the effect that the last organizational elections within the JD(U) were held in 2013 was fallacious 4 and contended that the claim of the Petitioner that the National Executive and National Council formed after the organizational elections in 2013 is the real one is factually incorrect, since these bodies cannot be in existence after the formation of new National Council and Executive consequent to the organizational elections of October, 2016. He further contended that the Petitioner himself has admitted to the issuance of the calendar on the 27th of April, 2016 for conduct of organizational elections within the JD(U), which has demolished the Petitioner's case in its entirety. He also clarified that the earlier complaints filed by the Petitioner and his faction regarding the dispute in internal party elections were rejected by the ECI on the 7th of February, 2017, with the observation that the same may be raised within the party forum as per the appeal provisions in the party constitution or appropriate Courts may be approached as regards expulsions etc., which are civil matters. He emphasized the fact that no challenge thereto has been brought forth in an election petition or civil suit, till date. As regards his election as the Leader of the JD(U) Legislature party in Rajya Sabha, he affirmed that he was elected by a majority of the MPs. 7. According to paragraph 2 (1) of the Tenth Schedule of the Constitution, a Member can be disqualified in the following circumstances:–– (a) if he/she voluntarily gives up the membership of the political party to which he/she belongs; or

(b) when he/she votes or abstains from voting in the House, contrary to any direction issued by the political party to which he/she belongs, without obtaining prior permission and such voting or abstention has not been condoned by such party, within 15 days from the date of such voting or abstention. 8. Keeping in view the facts and circumstances of the case and narrow conspectus of the disputes raised, I propose to proceed with the determination of the question of disqualification of the Respondent, in terms of sub-rule (4) of Rule 7 of the Rules. In fact, irrespective of the reply, the contents of the petition, read meaningfully and not formally, clearly reveal that the petition is not possessed of any merits. Therefore, I need not even refer to or rely upon the reply, having read and examined the petition in depth. In any case the

5 proceedings before me are not akin to a ‘lis’. In Dr. Mahachandra Prasad Singh Vs. Chairman, Bihar Legislative Council: (2004) 8 SCC 747, the Hon’ble Supreme Court of India held in Paragraph No. 16 as follows: “The purpose of Rules 6 and 7 is only this much that the necessary facts on account of which a member of the House becomes disqualified for being a member of the House under Paragraph 2, may be brought to the notice of the Chairman. There is no lis between the person moving the petition and the member of the House who is alleged to have incurred a disqualification. It is not an adversarial kind of litigation where he may be required to lead evidence. Even if he withdraws the petition it will make no difference as a duty is cast upon the Chairman of the Speaker to carry out the mandate of the constitutional provision viz. the 10th Schedule.” As such, keeping in view the above dictum, I propose to decide the petition on the basis of my examination, interpretation and analysis of the petition and material filed by the petitioner in support thereof.

9. On perusal of the Petition and material available on record, I have found that the instant Petition has arisen due to the decision of the President of the JD(U), which was unanimously approved by the State Legislature Party in its meeting held on the 26th of July, 2017 and by the National Executive and the National Council of JD(U) in the meeting held on the 19th of August, 2017 to move away from the Mahagathbandhan and subsequently align with the BJP to form a Government in the State of Bihar. The group comprising the Petitioner and others claimed that they are the real JD(U) and the actions of the other group are a clear breach of the principles of the party and its constitution and rules. To buttress his contention, the Petitioner has alleged that organizational elections were not conducted timely within the JD(U) in accordance with the party constitution and a conspiracy was devised to reduce the strength of the National Council of the JD(U) in a fraudulent manner to eliminate chances of opposition to the Party President, Shri Nitish Kumar's decision to withdraw from the Mahagathbandhan and formation of Government in Bihar with BJP's support.

10. From the above actions and conduct, the Petitioner has inferred that the Respondent voluntarily gave up the membership of the JD(U). The only anti- party activity alleged against the Respondent by the Petitioner is his steadfast support of Shri Nitish Kumar and his decisions of withdrawing from the Mahagathbandhan and aligning with the BJP. The key question is as to whether such an activity can be construed as voluntarily giving up of his membership of the political party to which he belongs. 6 11. In this context, I would like to mention that the following definition of 'Legislature Party' and the 'Original Political Party' given in paragraph 1 of the Tenth Schedule to the Constitution, which does not take cognizance of any political alliance made by political parties:–– " Interpretation. 1. XXXXXXX (b) "legislature party", in relation to a member of a House belonging to any political party in accordance with the provisions of paragraph 2 or [xxx] paragraph 4, means the group consisting of all the members of that House for the time being belonging to that political party in accordance with the provisions; (c) "original political party", in relation to a member of a House, means the political party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2." The Mahagathbandhan was a political alliance of some political parties formed for the purpose of contesting the 2015 Legislative Assembly elections in Bihar and JD(U) was one of its constituents. As such, leaving or joining of any political alliance by political parties is not the same thing as joining or leaving a political party. Therefore, joining or leaving a political alliance or a ‘gathbadhan’ or for that matter a ‘mahagathbandhan’ would not fall within the purview of the anti-defection Law. 12. I would also like to observe that a political party, which is an essential part of the democratic set up, works through collective decisions and abiding by the collective and unanimous decisions of the party cannot in any manner be construed as an anti-party activity and therefore, the main and only allegation of the Petitioner against the Respondent is fallacious and lacks merit. Besides, it is as good as a conceded fact that the petitioner and some other persons, pursuant to the above development, has disassociated themselves from the JD(U) of Shri Nitish Kumar faction and according to him, the party to which he owes his allegiance is not the party led by Shri Nitish Kumar. The Respondent on the other hand continues to hold allegiance to that faction of JD(U) which has been held to be the majority faction of JD(U). 13. The claim of the Petitioner that the faction of the JD(U) to which he belongs is the real JD(U) and it is Shri Nitish Kumar and his supporters including the Respondent, who had abandoned the party by breaching the party constitution and principles, due to which they have been reduced to a minority splinter group is also not tenable, in the light of the Orders of the ECI dated the 17th and 25th of November, 2017. The ECI in its Orders had recognized the group led by Shri Nitish Kumar as the Janata Dal (United), since they had demonstrated overwhelming majority support in the legislature 7 wing as well as majority in the National Council, which is the Apex level organizational body of the party. 14. Similarly the submission of the Petitioner that the Respondent was illegally elected to the post of the Leader of the JD(U) Legislature Party in Rajya Sabha by removing Shri Sharad Yadav from the said post in an arbitrary, whimsical and capricious manner is also not sustainable, as the Respondent was unanimously elected to the said post, in the meeting of the JD(U) parliamentary party held in New Delhi, on the 11th of August, 2017. The above fact was intimated to the Rajya Sabha Secretariat by Shri Kaushalendra Kumar, Member, Lok Sabha and Leader of the JD(U) in Parliament and was taken cognizance of by the Rajya Sabha Secretariat and the records of the Rajya Sabha were updated accordingly. 15. In arriving at the above conclusion, I am also fortified by the following observation of the Hon'ble Supreme Court in its judgement, dated the 27th of October, 2004, in Dr. Mahachandra Prasad Singh Vs. Chairman, Bihar Legislative Council & Ors. [(2004) 8 SCC 747], which is apposite in this context and is reproduced as under:–– " Therefore, the final authority to take a decision on the question of disqualification of a member of the House vests with the Chairman or the Speaker of the House. It is to be noted that the Tenth Schedule does not confer any discretion on the Chairman or Speaker of the House. Their role is only in the domain of ascertaining the relevant facts. Once the facts gathered or placed show that a member of the House has done any such act which comes within the purview of sub- paragraph (1), (2) or (3) of paragraph 2 of the Tenth Schedule, the disqualification will apply and the Chairman or the Speaker of the House will have to make a decision to that effect.”

16. To conclude, the petitioner in the instant case, has not furnished any fact, relevant or material, to establish that the Respondent has voluntarily given up the membership of the JD(U) by his action or conduct. Material produced is not sufficient to establish the inference made by the petitioner. Thus, after taking into account the facts and circumstances of the case, I hold that the Respondent, Shri Ram Chandra Prasad Singh, neither by his any action nor by his conduct has voluntarily given up the membership of the JD(U), as alleged by the Petitioner and therefore, the case agitated by the petitioner does not in any manner attract the provisions of paragraph 2(1)(a) of the Tenth Schedule to the Constitution.

8 17. I, therefore, hold that the Petition filed by Shri Ali Anwar Ansari, on the 30th of October, 2017 has no merit and that, the Respondent, Shri Ram Chandra Prasad Singh, has not incurred any disqualification in terms of paragraph 2(1)(a) of the Tenth Schedule to the Constitution. Nor, any such inference can be drawn against him by applying any deeming fiction to the effect, in the backdrop of the material produced that he voluntarily gave up the membership of the political party to which he belonged. Accordingly, the Petition stands dismissed. I decide and declare accordingly.

Sd/- New Delhi, (M. VENKAIAH NAIDU) January 19, 2018 Chairman, Rajya Sabha” ______

No. 57404 Table Office DECLARATION UNDER THE MEMBERS OF RAJYA SABHA (DISQUALIFICATION ON GROUND OF DEFECTION) RULES, 1985

Under Rule 4(2) of the Members of Rajya Sabha (Disqualification on Ground of Defection) Rules, 1985, every member is required to furnish to the Secretary-General, inter-alia, a statement of particulars giving details of his/her party affiliation and declaration as in Form III set out for the purpose in the Rules. Rule 4(3) of the said Rules further provides that a summary of information furnished by the members under sub-rule (2) of this Rule is required to be published in Bulletin-Part II. The requisite information as furnished by the following Members elected in the Bye-elections to the Rajya Sabha from the States of Rajasthan and Uttar Pradesh, in the months of November, 2017 and January, 2018, are detailed below:—

Sl. Name of the Member Name of the Political No. Party / Legislature Party RAJASTHAN

1. Shri K.J. Alphons Bharatiya Janata Party UTTAR PRADESH

2. Shri Hardeep Singh Puri Bharatiya Janata Party ______

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No. 57405 Bill Office

Private Members’ Bills for 2nd February, 2018 Bills for introduction The following Private Members’ Bills will, subject to compliance with the rules, be set down for introduction on Friday, the 2nd February, 2018: 1. The Compulsory Protection of Witnesses and Victims of Crimes Bill, 2017 by Shri Rajkumar Dhoot, M. P. 2. The Heritage Cities and Sites (Conservation and Development) Bill, 2017 by Shri Rajkumar Dhoot, M. P. 3. The Environment Protection (Management of Landfill Sites and Control of Non-Biodegradable Garbage) Bill, 2017 by Shri Rajkumar Dhoot, M.P. 4. The Education (Inclusive Development and Regulation) Bill, 2018 by Shri Vivek Gupta, M. P. 5. The Micro, Small and Medium Enterprises Development (Amendment) Bill, 2018 by Dr. T. Subbarami Reddy, M. P. 6. The Constitution (Amendment) Bill, 2018 (insertion of new articles 330A, 332A, etc.) by Shri V. Vijayasai Reddy, M. P. 7. The Constitution (Amendment) Bill, 2018 (amendment of articles 15 and 16) by Shri V. Vijayasai Reddy, M. P. Bills for consideration and passing

A draw of lot for the pending Private Members’ Bills was held on Friday, the 19th January, 2018 in the Secretary-General's Room (Room No.29) and in accordance with the direction of the Hon’ble Chairman, Rajya Sabha under which the priority obtained shall remain valid for all the days allotted for Private Members’ Bills, i.e., Friday, the 2nd February, Friday, the 9th March and Friday, the 23rd March, 2018. The Bills of only five Members (excluding part-discussed Bill, if any) shall, in order of their priority, be included in the List of Business for consideration on that day out of the names of following Members who have secured the first ten places in the draw:- 10 1. Dr. Subramanian Swamy 2. Shri Sukhendu Sekhar Ray 3. Shri Pradeep Tamta 4. Shri B.K. Hariprasad 5. Shri Rajeev Chandrasekhar 6. Shri Prabhat Jha 7. Shri Ghulam Nabi Azad 8. Shrimati Vandana Chavan 9. Shri Sanjay Seth 10. Shrimati Kanimozhi Those Members who have more than one Bill pending in the Rajya Sabha are requested to intimate the Bill which may, subject to admissibility under the rules/directions, be entered in their names in the List of Business during the ensuing session of the Rajya Sabha. The intimation may be sent to the Rajya Sabha Secretariat by Monday, the 29th January, 2018. ______

No. 57406 Bill Office Directions regarding Private Members’ Bills The following directions by the Chairman, Rajya Sabha published vide Parliamentary Bulletin Part II No. 36268 dated the 2nd May, 1997 are reproduced for the information of the Members: — (1) Limit on Notices for introduction of Private Members’ Bills. A Member can give a maximum of three notices for introduction of Private Members’ Bills during a Session. (2) Draw of lot for Private Members’ Bills. There shall be one draw of lot for all the days allotted for Private Members’ Bills in a Session in which ten names shall be drawn and priority obtained therein shall be valid for the entire Session. (3) Listing of Private Members’ Bills. Out of ten names drawn in the draw of lot for a Session, Bills of only five members (excluding part-discussed Bill, if any) in order of their priority shall be included at a time in the List of Business for consideration on each day allotted for Private Members’ Bills. (4) Time Limit for discussion on a Private Members’ Bill. The maximum time limit for the discussion on a Private Members Bill shall be two hours. ______11

No. 57407 Bill Office Notice of Amendment to Bills Under the Rules of Procedure, the ordinary period of notice of an amendment to a Bill which is to be considered including an amendment to refer the Bill to a Select/Joint Committee is one day. It is, however, open to a member to give notice of an amendment after the Bill is introduced in the Rajya Sabha or laid on the Table, without waiting for the inclusion of the Bill in the List of Business for consideration. ______

No. 57408 M.S. & A. Branch Exchange Order facility to Members of Rajya Sabha Members are informed that as per the decision of the Joint Committee on Salaries and Allowances of Members of Parliament, only eight (8) Exchange Orders at a time shall be issued to Members for performing air journeys by them and their spouses. No Exchange Order will be issued in favour of the companion of the Members except in the cases of widows, widowers, spinsters, bachelors or single MPs. Members are also requested not to change the Sectors of the air-tickets purchased against the Exchange Orders issued by Rajya Sabha Secretariat in order to avoid any complications in arranging payment to Air India against their invoices. Kind co-operation of Members is solicited. ______

No. 57409 M.S. & A. Branch Processing of Members’ TA/DA claims In order to enable the Secretariat to process the TA/DA claims of the Members of Rajya Sabha expeditiously, Members are requested to submit the details of their journeys chronologically, together with used air tickets, as early as possible to the M.S. & A. Branch in the prescribed Arrival/Departure report 12 forms. Members are also requested that while submitting e-tickets of the air journeys along with the TA/DA claim, the e-tickets may be countersigned by them and Boarding Pass in original of the said air journey may also be enclosed with the claim. One of the signatures may be put across the Revenue Stamp required to be pasted at the space prescribed on the TA/DA claim form. This will enable M.S. & A Branch in processing the TA/DA claims expeditiously. Kind co-operation of Members is solicited. ______

No. 57410 M.S. & A. Branch

Reimbursement of Medical Expenses of Members of Parliament Members are informed that as per the guidelines issued by the Ministry of Health and Family Welfare, in a CGHS covered area, a CGHS beneficiary is required to obtain the OPD medicines from the concerned dispensary and any OPD medicines purchased in such areas from local market would not be reimbursed. The Members residing in the CGHS covered area are therefore, requested to procure their OPD medicines through their concerned dispensaries. Kind co-operation of Members is solicited. ______

No. 57411 M.S. & A. Branch . Rail Travel Facilities availed by Members of Parliament

Members are informed that for making available hassle-free and comfortable Rail Travel Facilities to Members of Parliament, the Railway Board has sought the cooperation of Hon’ble Members of Parliament requesting them:-

(i) to book the tickets for self/spouse/companion only while using their Identity Cards and not to book railway tickets on their behalf for other MPs; (ii) not to permit or authorize any other person(s) to travel against heir rail travel facility; (iii) while booking train reservation on telephone, to ensure that a written confirmation thereof with particulars of self, spouse or companion as the case may be and their Identity Card number is 13 invariably sent within 24 hours of their making the phone call to the concerned Railway authorities; (iv) avoid making multiple reservations in various trains departing on the same day as it leads to unnecessary blocking of berths thereby depriving seats/berths to bonafide rail passengers. The reservations may be made for any single train on a particular date as far as possible. Kind co-operation of Members is solicited. ______

No. 57412 M.S. & A. Branch Payment of allowances to persons engaged by Members under the Members of Parliament (Office Expense Allowance) Rules, 1988.

As per sub-rule (b) of Rule 3 of the Members of Parliament (Office Expense Allowance) Rules, 1988, Rajya Sabha Secretariat may pay upto `30,000/- per mensem to person(s) as may be engaged by a Member for obtaining secretarial assistance. The rule inter-alia requires that atleast one person so engaged should be computer literate, duly certified by the Member. Members are required to intimate to the Secretariat details of the persons engaged by them and the amount payable per month to each of the persons so engaged so that requisite amount, within the aforesaid ceiling, is paid to such persons. These details are to be furnished as soon as such a person is engaged by the Members. There, however, have been instances when requisite information regarding persons engaged by the Members were not intimated in time and requests were made for disbursing the allowances from a back date. Disbursement of allowance from a back date, besides being not in order, also causes administrative difficulties. It has, accordingly, been decided that disbursement of the payment to the persons so engaged by the Members shall be made only from the date on which the engagement of such person(s) has been intimated to the Secretariat. Members are requested to kindly take a note of it and cooperate with the Secretariat to ensure due compliance with the said Rule. ______

No. 57413 M.S. & A. Branch

Payment of fixed charges and water meter rent by Members

Members are informed that as per the Housing and Telephone facilities (Members of Parliament) Rules, 1956, a Member is entitled to 4000 KL of 14 water and 50,000 units of electricity per annum, free in respect of the residence allotted to him/her in Delhi/New Delhi and the charges against the free quota are adjusted/paid directly to the NDMC by the Secretariat. However, dues if any on account of excess usage of electricity and water beyond free quota shall be borne by the Member and payment shall be made to NDMC directly as and when excess use of electricity/water is reported to them by the NDMC.

2. Over and above the electricity and water charges, NDMC also impose fixed charges as decided by the Delhi Electricity Regulatory Commission (DERC) and water meter rent. These charges are to be borne by the Member and required to be paid by the Member himself/herself directly to the NDMC on monthly basis. Further, electricity/water charges in respect of servant quarter allotted to a Member is also required to be paid by the Member himself/herself but these charges can be adjusted against the free entitlement of water and electricity units available to a Member on their specific request. 3. Notices regarding payment of all such dues which are required to be paid by the Members are sent to them by NDMC from time to time. 4. Members are, accordingly, requested to deposit the fixed charges and water meter rent regularly on monthly basis with NDMC (Room No. 314, PHA, Tel. No. 23034314) besides the dues if any on account of excess consumption beyond their entitled quota, in respect of the accommodation allotted to them including their servant quarter.

Kind co-operation of Members is solicited. ______

No. 57414 M.S. & A. Branch

Availing medical treatment from CGHS empanelled Private Hospitals

Members are requested that while availing treatment from CGHS empanelled Private Hospitals in emergency, they may kindly produce the valid CGHS card issued to them by the Secretariat, to the Hospital authorities so that the Hospital concerned can extend credit facility and charge only the CGHS approved rates which are admissible for reimbursement. Kind co-operation of Members is solicited. ______

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No. 57415 M.S. & A. Branch

Tax Implication on Salary and Allowances of Members of Parliament

The Members are informed of the tax implication on the various components of salary and allowances received by them as per details below:

Salary: The salary and allowances received by the Members are taxed under the head “Income from Other sources”. Since the salary and allowances are taxed under the head “Income from Other sources”, such salary and allowances would not be subjected to Tax Deduction at Source (TDS). Members will have to discharge their tax liability by paying advance tax and/or self-assessment tax.

Advance tax is to be paid in three installments in the months of September, December and March of the financial year in which the salaries are earned. Due date and percentage of tax liability to be paid is as follows:

On or before 15th of September Not less than 30% of the tax liability for the year. On or before 15th of December Not less than 60% of the tax liability for the year. On or before 15th of March 100% of the tax liability for the year.

Daily Allowance: Exempted from tax under Section 10(17)(i) of the Income Tax Act, 1961. Constituency Allowance: Exempted from tax under Section 10(17)(ii) of the Income Tax Act, 1961. Office Expenses Allowance: Stationery and franking expenses are exempted from income-tax to the extent they are actually spent vide Ministry of Finance (Deptt. of Revenue); CBDT Government of India’s letter No.200/72/2001ITA.I dated 26.03.2002. Incidental Charges: On the issue of tax implications in respect of incidentals which accrue when MPs undertake air/rail journeys while on Parliamentary duty for attending Session of a House or a meeting of a Committee, which amounts to ¼ of the actual fare by air and one ordinary first class and one 16 ordinary second class rail fare while travelling by rail, it is clarified that incidentals would be exempted from tax only to the extent to which the expenses are actually incurred. The unspent balance would be liable to tax in terms of Section 10(14)(i) of the Income Tax Act, 1961 read with Rule 2BB(1)(a) of Income Tax Rules 1962. Members are further informed that an Official of the Income Tax Department has been deputed at a counter behind the Auditorium, Ground Floor, opposite S.B.I Parliament House Annexe, New Delhi to attend to the queries of the Members (Tel.:23034062). Members are accordingly requested to discharge their tax liability by paying advance tax on or before the dates as mentioned above. ______

No. 57416 Committee Section (Ethics)

The Members of Rajya Sabha (Declaration of Assets and Liabilities) Rules, 2004 Pursuant to the Members of Rajya Sabha (Declaration of Assets and Liabilities) Rules, 2004 made by the Chairman, Rajya Sabha in pursuance of sub-section (3) of Section 75A of the Representation of the People Act, 1951 (43 of 1951) which came into force with effect from 5th August, 2004, all elected Members of Rajya Sabha are required to furnish information to the Chairman, Rajya Sabha regarding their assets and liabilities as per Form-I appended thereto within ninety days from the date on which they make and subscribe an oath or affirmation for taking their seat in the Council. Changes, if any, in the information so furnished by the Members are also to be notified by them as on the 31st day of March every year, by the 30th June of that year. Members may kindly note that the information furnished by them should include the assets and liabilities within India and abroad. Form-I has not been received from some of the Members though stipulated time for furnishing the information has already expired. Those Members who have not submitted the information are, therefore, requested to furnish the same in the prescribed format without further delay so as to comply with the law and the rules. Copies of the prescribed Form are available in the Notice Office, Committee Section (Ethics) and can also be downloaded from Rajya Sabha website (rajyasabha.nic.in) under the links ‘Members → Declaration of Assets and Liabilities → Form-I’; ‘Downloads → Parliamentary Notice forms → Form for Declaration of Assets and Liabilities by Members’; and 17 ‘Downloads→ Application forms → Committee on Ethics → Form for Declaration of Assets and Liabilities by Members’. ______

No. 57417 Committee Section (Ethics)

Code of Conduct for Members of Rajya Sabha

Members are informed that the Committee on Ethics in its Fourth Report presented to the Council on the 14th March, 2005 and adopted by it on the 20th April, 2005 had inter alia considered the Code of Conduct for Members enumerated by the Committee in its First Report which was also adopted by the Council. The Committee felt that the Code was quite comprehensive and endorsed the same. It recommended that the Code of Conduct may be published in Bulletin Part II on the eve of each Session for information of and compliance by the Members. Accordingly, the Code of Conduct is reproduced below:

The Members of Rajya Sabha should acknowledge their responsibility to maintain the public trust reposed in them and should work diligently to discharge their mandate for the common good of the people. They must hold in high esteem the Constitution, the Law, Parliamentary Institutions and above all the general public. They should constantly strive to translate the ideals laid down in the Preamble to the Constitution into a reality. The following are the principles which they should abide by in their dealings:

(i) Members must not do anything that brings disrepute to the Parliament and affects their credibility.

(ii) Members must utilise their position as Members of Parliament to advance general well-being of the people.

(iii) In their dealings if Members find that there is a conflict between their personal interests and the public trust which they hold, they should resolve such a conflict in a manner that their private interests are subordinated to the duty of their public office.

18 (iv) Members should always see that their private financial interests and those of the members of their immediate family* do not come in conflict with the public interest and if any such conflict ever arises, they should try to resolve such a conflict in a manner that the public interest is not jeopardised.

(v) Members should never expect or accept any fee, remuneration or benefit for a vote given or not given by them on the floor of the House, for introducing a Bill, for moving a resolution or desisting from moving a resolution, putting a question or abstaining from asking a question or participating in the deliberations of the House or a Parliamentary Committee.

(vi) Members should not take a gift which may interfere with honest and impartial discharge of their official duties. They may, however, accept incidental gifts or inexpensive mementoes and customary hospitality.

(vii) Members holding public offices should use public resources in such a manner as may lead to public good.

(viii) If Members are in possession of a confidential information owing to their being Members of Parliament or Members of Parliamentary Committees, they should not disclose such information for advancing their personal interests.

(ix) Members should desist from giving certificates to individuals and institutions of which they have no personal knowledge and are not based on facts.

(x) Members should not lend ready support to any cause of which they have no or little knowledge.

(xi) Members should not misuse the facilities and amenities made available to them.

(xii) Members should not be disrespectful to any religion and work for the promotion of secular values.

(xiii) Members should keep uppermost in their mind the Fundamental Duties listed in Part IVA of the Constitution.

* Immediate family includes spouse, dependent daughters and dependent sons. 19 (xiv) Members are expected to maintain high standards of morality, dignity, decency and values in public life. ______

No. 57418 Committee Section (Ethics) Register of Members’ Interests

The Committee on Ethics in its Fourth Report presented to the Council on the 14th March, 2005 and adopted by it on the 20th April, 2005, has inter alia identified the following five pecuniary interests and the ingredients thereof, in respect of which information is to be furnished by Members, for registration in the ‘Register of Members’ Interests’, under sub-rule (1) of Rule 293 of the Rules of Procedure and Conduct of Business in the Council of States, in the prescribed Form:—

I Remunerative Directorship Name and address of the company Nature of company business Salary/fees/allowance/benefits or any other receipts which are taxable (per annum)

II Regular Remunerated Activity Name and address of the Establishment Nature of business Position held Amount of remuneration received (per annum)

III Shareholding of Controlling Nature Name and address of the company Nature of business of the company Percentage of shares held

IV Paid Consultancy Nature of consultancy Business activity of the organisation where engaged as Consultant Total value of benefits derived from the Consultancy

V Professional Engagement Description 20 Fees/Remuneration earned therefrom (per annum)

2. The Committee also recommended that:—

a) Every Member who has taken his/her seat in the Council before the date of adoption of the recommendations of the Committee regarding ‘Registration of Interests’, by the Council, shall furnish the information as per the prescribed ‘Form’, under Rule 293, within ninety days from the date on which the said recommendations are adopted/enforced.

b) Every Member who takes his/her seat in the Council after adoption of these recommendations by the Council, shall furnish the information as per the prescribed form, under Rule 293, within ninety days from the date on which he/she makes and subscribes oath or affirmation for taking his/her seat.

c) Every Member shall notify the changes, if any, in the information so furnished by him/her, as on 31st March every year, within ninety days from that date.

3. The aforementioned recommendations were enforced w.e.f. 2nd May, 2005. Accordingly, all Members of Rajya Sabha are required to furnish information in respect of their pecuniary interests in the prescribed Form. Members who have not done so, are requested to file the requisite information without further delay. Members may kindly note that the information that they furnish has to be with respect to their pecuniary interests whether held within the country or outside it. 4. Copies of the prescribed Form are available in the Notice Office, Committee Section (Ethics) and can also be downloaded from Rajya Sabha website (rajyasabha.nic.in) under the links ‘Downloads → Parliamentary Notice forms → Form for Declaration of Interests by Members’; and ‘Downloads → Application forms → Committee on Ethics → Form for Declaration of Interests by Members’.

5. In this connection, provisions of Rule 294 of the Rules of Procedure are reproduced below:

(1) Whenever a member has a personal or specific pecuniary interest (direct or indirect) in a matter being considered by the Council or a Committee thereof, he shall declare the nature of such interest 21 notwithstanding any registration of his interests in the Register, and shall not participate in any debate taking place in the Council or its Committees before making such declaration.

(2) On a division in the Council if the vote of a member is challenged on the ground of personal, pecuniary or direct interest in the matter to be decided, the Chairman may, if he considers necessary, call upon the member making the challenge to state precisely the grounds of his objection, and the member whose vote has been challenged shall state his case, and the Chairman shall then decide whether the vote of the member should be disallowed or not and his decision shall be final:

Provided that the vote of a member is challenged immediately after the division is over and before the result is announced by the Chairman.

Explanation : For the purposes of this rule the interest of the member should be direct, personal or pecuniary and separately belong to the person whose vote is questioned and not in common with the public in general or with any section thereof or on any matter of State policy.

6. Members may kindly note for information and compliance. ______

No. 57419 Question Branch Result of Ballots of Notices of Questions Ballots in respect of notices of Starred and Unstarred Questions received upto 3.00 p.m. on 23rd January, 2018 for the sitting of Rajya Sabha on 8th February, 2018 were held on 23rd January, 2018, in the presence of Additional Secretary (P). The result of ballot for the Starred Questions has been placed in the Notice Office and also on the Notice Board in the Outer Lobby for the information of Members.

DESH DEEPAK VERMA, Secretary-General