JOURNALS OF THE (TWO HUNDRED AND FORTY FOURTH SESSION) FRIDAY, THE 15TH DECEMBER, 2017 (The Rajya Sabha met in the Parliament House at 11-00 a.m.) 11-00 a.m. 1. National Anthem National Anthem was played. 11-01 a.m. 2. Introduction of Secretary-General, Rajya Sabha The Chairman introduced the new Secretary-General, Shri Desh Deepak Verma to the House.

11-02 a.m. 3. Obituary References The Chairman made references to the passing away of:— 1. Shri Khamsum Namgyal Pulger (ex-Member); 2. Shri S.B. Ramesh Babu (ex-Member); 3. Shri Rishang Keishing (ex-Member); 4. Shri Arjan Singh, Marshal of the Indian Air Force; 5. Shri Jayantilal Barot (ex-Member); 6. Shri Makhan Lal Fotedar (ex-Member); 7. Shri Gaya Singh (ex-Member); 8. Dr. Ishwar Chandra Gupta (ex-Member); 9. Shri Mirza Irshadbaig (ex-Member); and 10. Shri Sukomal Sen (ex-Member). The House observed silence, all Members standing, as a mark of respect to the memory of the departed.

1 RAJYA SABHA 11-18 a.m. 4. References by the Chair (i) Reference to the victims of a Boiler explosion in a power generation unit of NTPC at Unchahar in Rae Bareli district of Uttar Pradesh The Chairman made a reference to a Boiler explosion in a power generation unit of NTPC at Unchahar in Rae Bareli district of Uttar Pradesh, on the 1st of November, 2017, in which 40 persons lost their lives and 39 others were injured. (ii) Reference to the victims of Cyclone 'Ockhi' and subsequent heavy rains in the coastal areas of the States of Kerala, Tamil Nadu and the Union Territory of Lakshadweep The Chairman made a reference to Cyclone 'Ockhi' and subsequent heavy rains in the coastal areas of the States of Kerala, Tamil Nadu and the Union Territory of Lakshadweep, on the 1st of December, 2017, in which more than 60 persons lost their lives with some still missing and more than 100 others were injured. The House observed silence, all Members standing, as a mark of respect to the memory of those, who lost their lives in these tragedies. 11-20 a.m. 5. Felicitations by the Chair (i) Felicitations to the Indian Men's and Women's Hockey Teams The Chairman, on behalf of the whole House and on his own behalf, congratulated the Indian Men's and Women's Hockey Team for winning the Asia Cup, 2017 held in Dhaka, Bangladesh and Kakamigahara, Japan, on the 22nd of October, 2017 and the 5th of November, 2017, respectively. (ii) Felicitations to Shrimati M.C. Mary Kom and Shrimati Saikhom Mirabai Chanu The Chairman, on behalf of the whole House and on his behalf, congratulated Shrimati M.C. Mary Kom, a nominated Member of Rajya Sabha and Shrimati Saikhom Mirabai Chanu for winning gold medals in the 48 Kg. category at the Asian Women's Boxing Championships and World Weightlifting Championship held in Ho Chi Minh City, Vietnam and California, USA on the 8th and 29th of November, 2017, respectively.

 Made in Hindi 2 15TH DECEMBER, 2017 11-22 a.m. 6. Papers Laid on the Table Secretary-General laid on the Table a statement (in English and Hindi) showing the Bills passed by the Houses of Parliament during the Two Hundred and Forty-third Session of the Rajya Sabha and assented to by the President. 1. The National Institutes of Technology, Science Education and Research (Amendment) Bill, 2017. 2. The Footwear Design and Development Institute Bill, 2017. 3. The Collection of Statistics (Amendment) Bill, 2017. 4. The Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill, 2017. 5. The Indian Institutes of Information Technology (Public-Private Partnership) Bill, 2017. 6. The Right of Children to Free and Compulsory Education (Amendment) Bill, 2017. 7. The Indian Institutes of Information Technology (Amendment) Bill, 2017. 8. The Central Goods and Services Tax (Extension to Jammu and Kashmir) Bill, 2017. 9. The Integrated Goods and Services Tax (Extension to Jammu and Kashmir) Bill, 2017. 10. The Appropriation (No.3) Bill, 2017. 11. The Appropriation (No.4) Bill, 2017. 12. The Banking Regulation (Amendment) Bill, 2017. 13. The Punjab Municipal Corporation Law (Extension to Chandigarh) Amendment Bill, 2017.

 The Bills could not be returned by the Rajya Sabha and were deemed to have been passed by both Houses under article 109(5) of the Constitution. #The Bills could not be returned by the Rajya Sabha and were deemed to have been passed by both Houses under article 109(5) of the Constitution.

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Shri Ramvilas Paswan (Minister of Consumer Affairs, Food and Public Distribution) laid on the Table a copy (in English and Hindi) of the Ministry of Consumer Affairs, Food and Public Distribution (Department of Food and Public Distribution), Notification No. S.O. 3176 (E), dated the 29th September, 2017, amending Notification No. S.O. 371 (E), dated the 8th February, 2017, to substitute certain entries in the original Notification, under Section 55 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. Shri Rao Inderjit Singh (Minister of State (Independent Charge) of the Ministry of Planning; and Minister of State in the Ministry of Chemicals and Fertilizers) laid on the Table:- I. A copy each (in English and Hindi) of the following papers, under sub- section (1) (b) of Section 394 of the Companies Act, 2013:- (i) (a) Sixty-third Annual Report and Accounts of the Hindustan Insecticides Limited (HIL), New Delhi, for the year 2016-17, together with the Auditor's Report on the Accounts and the comments of the Comptroller and Auditor General of thereon. (b) Review by Government on the working of the above Company. (ii) (a) Annual Report and Accounts of the Brahmaputra Cracker and Polymer Limited, Dibrugarh, Assam for the year 2016-17, together with the Auditor’s Report on the Accounts and comments of the Comptroller and Auditor General of India thereon. (b) Review by Government on the working of the above Company. (iii) (a) Fifty-sixth Annual Report and Accounts of the Hindustan Organic Chemicals Limited (HOCL), Raigad, Maharashtra, for the year 2016-17, together with the Auditor's Report on the Accounts and the comments of the Comptroller and Auditor General of India thereon. (b) Review by Government on the working of the above Company.

4 15TH DECEMBER, 2017 II. A copy each (in English and Hindi) of the following papers:— (i) Memorandum of Understanding between the Government of India (Ministry of Chemicals and Fertilizers) and the Hindustan Insecticides Limited (HIL), for the year 2017-18. (ii) Memorandum of Understanding between the Government of India (Ministry of Chemicals and Fertilizers, Department of Chemicals and Petrochemicals) and the Hindustan Organic Chemicals Limited (HOCL), for the year 2017-18. Shri Manoj Sinha (Minister of State (Independent Charge) of the Ministry of Communications; and Minister of State in the Ministry of Railways) laid on the Table:- I. A copy each (in English and Hindi) of the following Notifications of the Ministry of Communications (Department of Telecommunications), under Section 37 of the Telecom Regulatory Authority of India Act, 1997:— (1) G.S.R. 190 (E), dated the 23rd February, 2017, publishing the Telecom Regulatory Authority of India (Allowances to part-time members) Amendment Rules, 2015, along with delay statement. (2) F.No.304-2/2016-QoS, dated the 18th August, 2017, publishing the Standards of Quality of Service of Basic Telephone Service (wire line) and Cellular Mobile Telephone Service (Fifth Amendment) Regulations, 2017. (3) F.No.10-8/2016-BB&PA, dated the 20th September, 2017, publishing the Telecommunication Interconnection Usage Charges (Thirteenth Amendment) Regulations, 2017. (4) G.S.R. 1245 (E), dated the 12th October, 2017, publishing corrigendum to G.S.R. 190 (E), dated the 10th February, 2017. II. A copy each (in English and Hindi) of the following Notifications of the Ministry of Communications (Department of Telecommunications), under sub-section (5) of Section 7 of the Indian Telegraph Act, 1885:— (1) G.S.R. 998 (E), dated the 8th August, 2017, publishing the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. (2) G.S.R. 1131 (E), dated the 6th September, 2017, publishing the Indian Telegraph (Amendment) Rules, 2017.

5 RAJYA SABHA Shri Vijay Goel (Minister of State in the Ministry of Parliamentary Affairs; and Minister of State in the Ministry of Statistics and Programme Implementation) laid on the Table a copy each (in English and Hindi) of the following Ordinances, under sub-clause (a) of clause (2) of article 123 of the Constitution:- (1) The Goods and Services Tax (Compensation to States) Amendment Ordinance, 2017 (Ordinance No.5 of 2017), promulgated by the President on the 2nd of September, 2017. (2) The Indian Forest (Amendment) Ordinance, 2017 (Ordinance No.6 of 2017), promulgated by the President on the 23rd of November, 2017. (3) The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2017 (Ordinance No.7 of 2017), promulgated by the President on the 23rd of November, 2017. Shri C.R. Chaudhary (Minister of State in the Ministry of Consumer Affairs; Food and Public Distribution; and Minister of State in the Ministry of Commerce and Industry) laid on the Table a copy each (in English and Hindi) of the following papers, under sub-section (1) (b) of Section 394 of the Companies Act, 2013:— (a) Thirty-third Annual Report and Accounts of the Hindustan Vegetable Oils Corporation Limited (HVOC), New Delhi, for the year 2016-17, together with the Auditor's Report on the Accounts and the comments of the Comptroller and Auditor General of India thereon. (b) Performance Review of the above Corporation, for the year 2016-17. Shri Gajendra Singh Shekhawat (Minister of State in the Ministry of Agriculture and Farmers Welfare) laid on the Table a copy each (in English and Hindi) of the following papers:— (i) (a) Annual Report and Accounts of the Indian Society of Agricultural Economics (ISAE), Mumbai, for the year 2016-17, together with the Auditor's Report on the Accounts. (b) Review by Government on the working of the above Society.

6 15TH DECEMBER, 2017 (ii) (a) Annual Report and Accounts of the Indian Society of Agricultural Statistics (ISAS), New Delhi, for the year 2016-17, together with the Auditor's Report on the Accounts. (b) Review by Government on the working of the above Society. 11-24 a.m. 7. Report of the Inquiry Committee under the Judges (Inquiry) Act, 1968 Secretary-General laid on the Table, under sub-section (3) of section 4 of the Judges (Inquiry) Act,1968 read with rules 9 and 10 of the Judges (Inquiry) Rules,1969, the following documents:—

(i) Report (in English and Hindi) of the Inquiry Committee appointed under the Judges (Inquiry) Act,1968, in respect of Justice S.K. Gangele, Judge, Madhya Pradesh High Court; and (ii) A copy each of the evidence of witnesses tendered before the Inquiry Committee and documents exhibited during the inquiry. 11-25 a.m. 8. Panel of Vice-Chairmen The Chairman announced that the Panel of Vice-Chairmen has been re- constituted w.e.f. the 23rd of October, 2017 with the following Members:— 1. Dr. Satyanarayan Jatiya; 2. Shri Tiruchi Siva; 3. Shri T.K. Rangarajan; 4. Shri Bhubaneswar Kalita; 5. Shri Basawaraj Patil; and 6. Shri Sukhendu Sekhar Ray 11-26 a.m. 9. Resignation by Members The Chairman made the following announcement in the House:- “I have to inform Members, that I had received letters, dated the 1st of September, 2017 and the 11th of October, 2017, from Shri Manohar Parrikar and Shri Mukul Roy, Members, representing the States of Uttar Pradesh and West Bengal, respectively resigning their seats in the Rajya Sabha. I had accepted their resignations with effect from the 2nd of September, 2017 and 11th of October, 2017, respectively."

7 RAJYA SABHA 11-27 a.m. 10. Disqualification of Members on Ground of Defection The Chairman made the following announcement:- "Shri Ram Chandra Prasad Singh, Member and Leader of the JD(U) in Rajya Sabha (Petitioner) had filed two separate Petitions on the 2nd of September, 2017, under paragraph 6 of the Tenth Schedule to the Constitution read with Rule 6 of the Members of Rajya Sabha (Disqualification on Ground of Defection) Rules, 1985, praying that Shri and Shri Ali Anwar Ansari, Members of the Rajya Sabha (Respondents) be disqualified under the Tenth Schedule to the Constitution for voluntarily giving up the membership of the party, JD(U) on whose ticket they were elected to the Rajya Sabha, by indulging in anti-party activities of publicly denouncing and openly criticizing the collective decisions of the JD(U) and the Party President.

Both the Petitions were duly examined in accordance with the provisions of the Members of Rajya Sabha (Disqualification on Ground of Defection) Rules, 1985, the procedural requirements laid down therein, and precedents.

After taking into account the facts of each case, the comments of the Respondents on their respective Petitions, the comments of the Petitioner on the comments of the Respondents, the oral submissions made by both Respondents during the oral hearing held on the 8th of November, 2017, the Hon'ble Supreme Court's judgement in the 1994 Ravi Naik Vs Union of India case and observations/judgements in similar anti-defection cases and precedents, it was crystal clear that by their conduct, actions and speeches, both the Respondents, Shri Sharad Yadav and Shri Ali Anwar Ansari, had voluntarily given up their membership of the political party, JD(U), by which they were set up as candidates for elections to the Rajya Sabha from the State of and elected as such Members.

8 15TH DECEMBER, 2017

I therefore, decided and declared vide my Orders, dated the 4th of December, 2017, that Shri Sharad Yadav and Shri Ali Anwar Ansari, Members of JD(U) have incurred disqualification for being Members of the House, in terms of paragraph 2(1)(a) of the Tenth Schedule to the Constitution of India and have thus ceased to be Members of the Rajya Sabha with effect from the 4th of December, 2017.

The detailed Orders issued by me in this regard have been notified in the Gazette of India on the 4th of December, 2017 and have also been re-produced in Parliamentary Bulletin Part - II of the same date." 11-29 a.m. 11. Motion for Extension of time for presentation of the Report of the Select Committee on the Motor Vehicles (Amendment) Bill, 2017 Dr. Vinay P. Sahasrabuddhe moved the following Motion:— “That the time appointed for presentation of Report of the Select Committee on the Motor Vehicles (Amendment) Bill, 2017, be extended upto 27th December, 2017 to present its report to the House”. The Motion was adopted. 11-30 a.m. 12. Statement regarding Government Business Shri Vijay Goel, Minister of State in the Ministry of Parliamentary Affairs and in the Ministry of Statistics and Programme Implementation, made a statement regarding Government Business during the week commencing Monday, the 18th of December, 2017.

11-32 a.m. 13. Introduction of Ministers by the Prime Minister Shri Narendra Modi, Prime Minister, introduced 4 Cabinet Ministers, 3 Ministers of State (Independent Charge) and 5 Ministers of State to the House.

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11-39 a.m. 14. Matter raised with Permission Shri A.Navaneethakrishnan raised a matter regarding 'Ockhi' Cyclone in Tamil Nadu. #11-42 a.m. (The House adjourned at 11-42 a.m. and re-assembled at 12-00 Noon.) 12- 04 p.m. (The House adjourned at 12.04 p.m. and re-assembled at 2-30 p.m.) 15. Starred Questions Answers to Starred Question Nos. 1 to 15 were laid on the Table. 16. Unstarred Questions Answers to Unstarred Question Nos. 1 to 160 were laid on the Table. 2-39 p.m. 17. Private Members’ Bills — Introduced 1. The Educational Innovations Commission Bill, 2017 was introduced by Dr. Vinay P. Sahasrabuddhe. 2-40 p.m. 2. The Constitution (Amendment) Bill, 2017 (insertion of new article 21B) was introduced by Shri V. Vijayasai Reddy. 3. The Prevention of Enforced Disappearance Bill, 2017 was introduced by Shri V. Vijayasai Reddy. 2-41 p.m. 4. The Prevention of Torture Bill, 2017 was introduced by Shri V. Vijayasai Reddy.

 From 11-34 a.m. to 11-39 a.m., some points were raised. # From 11-40 a.m. to 11-42 a.m., some points were raised.  From 12-00 Noon to 12-04 p.m., some points were raised.  From 2-30 p.m. to 2-39 p.m., some points were raised. 10 15TH DECEMBER, 2017 2-42 p.m. 5. The Flood and Drought Control Bill, 2017 was introduced by Dr. T. Subbarami Reddy. 6. The Play Schools (Regulation) Bill, 2017 was introduced by Dr. T. Subbarami Reddy. 2-43 p.m. 7. The Bail Bill, 2017 was introduced by Shri Sukhendu Sekhar Ray. 8. The Constitution (Amendment) Bill, 2017 (amendment of article 366) was introduced by Shri Sukhendu Sekhar Ray. 2-44 p.m. 9. The Vedic Education (Compulsory Teaching in Educational Institutions) Bill, 2017 was introduced by Shri Narayan Lal Panchariya. 2-45 p.m. 10. The Solar Power (Development Promotion and Mandatory Use) Bill, 2017 was introduced by Shri Narayan Lal Panchariya. 11. The Judicial Statistics Bill, 2017 was introduced by Shri Narayan Lal Panchariya. (The House adjourned at 2-46 p.m. and re-assembled at 3-00 p.m.) (Due to gross disorderly conduct in violation of the rules and etiquette of Rajya Sabha by the following Members, who entered the ‘Well’ of the House, shouted slogans and persistently and willfully obstructed the proceedings of the House, the Chair repeatedly adjourned the House:- 1. Shrimati Rajani Patil 2. Shri Pradeep Tamta 3. Shri Ripun Bora 4. Shri Shamsher Singh Dullo 5. Shrimati Renuka Chowdhury 6. Shri Mohd. Ali Khan 7. Shri Pramod Tiwari 8. Shrimati Viplove Thakur 9. Shri Rajeev Shukla 10. Shri Narendra Budania

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11. Shri P.L. Punia 12. Shri B.K. Hariprasad 13. Shri Oscar Fernandes 14. Shri Mahendra Singh Mahra 15. Shri K.C. Ramamurthy 16. Shrimati Chhaya Verma 17. Kumari Selja 18. Shrimati Wansuk Syiem 19. Dr. Sanjay Sinh 20. Dr. T. Subbarami Reddy 21. Shri Sanjay Seth 22. Shri Javed Ali Khan 23. Shri Alok Tiwari 24. Shri Surendra Singh Nagar 25. Shri Neeraj Shekhar 26. Shri Kiranmay Nanda 27. Shri Vishambhar Prasad Nishad 3-02 p.m.

(The House adjourned at 3-02 p.m. till 11-00 a.m. on Monday, the 18th December, 2017.)

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 From 3-00 p.m. to 3-02 p.m., some points were raised. 12