10. COMMITTEE SECTION (H&FW) 10.1 Functions of the Committee - The Committee Section (H&FW) is entrusted with the task of providing secretarial assistance to the Department-related Parliamentary Standing Committee on Health & Family Welfare. Like other Department-related Parliamentary Standing Committees serviced by Rajya Sabha Secretariat, the Committee on Health & Family Welfare is governed by Rules 268 to 277 of the Rules of Procedure and Conduct of Business in the Council of States. Further, Rules 74 to 92 of the said Rules relating to Select Committees on Bills also apply mutatis mutandis to the Committee. The Committee on Health & Family Welfare deals with Ministry of Health & Family Welfare which consists of four Departments namely: - (i) Department of Health & Family Welfare; (ii) Department of AYUSH; (iii) Department of Health Research; and (iv) Department of AIDS Control The functions assigned to the Committee, as enumerated in Rule 270 of the Rules of Procedure and Conduct of Business in the Council of States are (i) consideration of Demands-for- Grants of the Ministry of Health and Family Welfare, (ii) examination of Bills pertaining to the Ministry when referred to the Committee by the Hon’ble Chairman or Speaker, as the case may be, (iii) consideration of Annual Reports of the Ministry, and (iv) consideration of national basic long- term policy documents presented to both the Houses and referred to the Committee by the Hon’ble Chairman or the Speaker, as the case may be, and report thereon. 10.2 Tenure of the Committee: The Committee was reconstituted on the 31st August, 2010 under the chairmanship of Shri Brajesh Pathak, M.P. The tenure of the Committee was one year. The first meeting of the Committee in the year 2011, was held on the 5th January, 2011. After the expiry of the term of the Committee on the 30th August, 2011, it was reconstituted w.e.f. 31st August, 2011 for another term of one year under the Chairmanship of Shri Brajesh Pathak. The first meeting of the Committee, after its reconstitution, was held on the 21st September, 2011 10.3 Consideration of Demands for Grants (2011-12): The Committees generally examines the Demands for Grants of the Ministry/Department during the recess of Budget session i.e. after the presentation of the budget in February. However, due to the election in five states, there was no recess for both the Houses of Parliament for consideration of Demands for Grants. Accordingly, the Ministry of Parliamentary Affairs moved a motion in the House for suspending rule 272 of Rules of the Procedure and Conduct of Business in the Council of States concerning examination of Demands for Grants by the Department-related Parliamentary Standing Committees serviced by Rajya Sabha Secretariat. Later on, the Committee Coordination Section, while referring to the said motion, vide their note dated 16th March, 2011 intimated that Demands for Grants (2010-11) would not be referred to the Department-related Parliamentary Standing Committees being serviced by the Rajya Sabha Secretariat for examination and report thereon. 10.4 Reports on the Action Taken by Government on the Committee’s Report on Demands for Grants (2010-2011): The Action Taken Notes from the Departments of Health and Family Welfare, AYUSH, Health Research and AIDS Control on the recommendations/observations of the Committee as contained in its 39th, 40th, 41st and 42nd Report on the Demands-for-Grants (2010-11) were received from the respective Departments and the draft 48th, 49th, 50th and 51st Reports thereon were considered by the Committee as per the following schedule: Sr. Report of the Committee Date of consideration Date of No. of the Report Presentation/laying 1. 48th Report on the Action Taken Notes 10th December, 2010 4th March, 2011 (ATN) furnished by the Departments of 84 Health Research, on the Recommendations/Observations as contained in its 41st Report on Demands for Grants (2010-11)of the Department 2. 49th Report on the Action Taken Notes 10th December, 2010 4th March, 2011 (ATN) furnished by the Departments of AIDS Control on the Recommendations/Observations as contained in its 42nd Report on Demands for Grants (2010-11) of the Department 3. 50th Report on the Action Taken Notes 27th January, 2011 4th March, 2011 (ATN) furnished by the Departments of AYUSH on the Recommendations/Observations as contained in its 40th Reports on Demands for Grants (2010-11) of the Department 4. 51st Report on the Action Taken Notes 27th January, 2011 4th March, 2011 (ATN) furnished by the Departments of Department of Health and Family Welfare on the Recommendations/Observations as contained in its 40th Report on Demands for Grants (2010-11) of the Department 10.5 Bills: (i) The Bill, namely, the ‘National Institute of Mental Health and Neuro Sciences, Bangalore Bill, 2010,’ was referred to the Committee on the 8th December, 2010 for examination and report within a period of three months. The main objective of the Bill was to empower the Institute with academic autonomy to develop its own curriculum, set new trends in mental health and neuro sciences, award its own degrees and also enable it to have appropriate delegated administrative and financial powers. The conferring of statutory status on this Institute will enable it to grow into a model centre of excellence. In this connection, the Committee heard the Secretary and other officers of the Department of Health and Family Welfare along with the Director, NIMHANS on various provisions of the proposed National Institute of Mental Health and Neuro- Sciences, Bangalore, Bill, 2010 on 5th January, 2011 and its Report was presented/laid in both Houses of Parliament on 4th March, 2011. (ii) During the year 2011, one Bill, namely, the National Commission for Human Resources for Health Bill, 2011 was referred to the Committee on the 26th December, 2011 for examination and Report thereon within a period of three months. The main objective of the Bill is to seek to consolidate the law in certain disciplines of health sector and promote human resources in health sector and provide for mechanism for the determination, maintenance, co-ordination and regulation of standards of health education throughout the country to ensure adequate availability of human resources in all the States. Preparatory work for examination of the Bill was started. 10.6 Subjects: (a) During the year, 2011, the Committee had taken up a subject, namely, “Clinical Trials of drugs” for examination and report. In this regard, a status note was received from the Department of Health and Family Welfare and circulated to Members of the Committee. (b) The Department of Health and Family Welfare had furnished its Acton Taken Notes on the recommendations/ observations of the Committee contained in its Forty-third Report on Action Taken by the Department of Health and Family Welfare on the recommendations/observations of the Committee contained in its Thirty-eighth Report on “Major issues concerning the three Vaccine Producing PSUs, namely, the Central Research Institute (CRI), Kasauli, the Pasteur Institute Of India (PII), Coonoor, and the BCG Vaccine Laboratory (BCGVL), Chennai.” The Committee scrutinized the Action Taken Notes furnished by the Department and thereafter presented/ laid its 52nd Action Taken Report thereon in both the Houses of Parliament on the 4th March. 2011. 85 (c) The Committee had taken up the subject relating to issues arising out of the final report of the Committee appointed by the Government of India to enquire into “Alleged irregularities in the conduct of studies using Human Papilloma Virus (HPV) vaccine” by PATH in India. In this connection, the Committee heard the Secretary, Department of Health Research on the delay in furnishing a copy of the Interim Report of the three- member Committee constituted to probe the alleged irregularities in conducting studies using HPV vaccine by PATH, an American NGO on 18th February, 2011. After the examination of the final report and interaction with the Secretaries of the Department of Health and Family Welfare and Health Research, a draft report was prepared. (d) The Department of Health and Family Welfare had furnished an Interim Action Taken Note (ATN) on the 5th January, 2011 and Final Action Taken Note on the 23th May, 2011 on the recommendations and observations as contained in the Committee’s 45th Report of the Committee regarding "Issues relating to availability of generic, generic-branded and branded medicines, their formulation and therapeutic efficacy and effectiveness". Subsequent to the receipt of the Interim Action Taken Note, the Committee took oral evidence of the Additional Secretary, Ministry of Health and Family Welfare and the Secretary, Department of Pharmaceuticals on the 18th February, 2011 to holistically examine the issues arising out of the Interim Action Taken Note. Upon receipt of the final Action Taken Note, the Committee again took oral evidence of the Secretary, Ministry of Health and Family Welfare and Secretary, Department of Pharmaceuticals on the 3rd June 2011 to evaluate the substantiveness of the action as indicated in the final ATN. Thereafter, the Committee prepared a draft Action Taken Report on the Action Taken Notes. (e) The Committee had taken up an issue relating to proposed introduction of Bachelor of Rural Health Care (BRHC) course by the Government. In this connection, the Committee heard the Secretary, Department of Health and Family Welfare and Dr. S.K. Sarin, Chairman & Dr. Ranjit Roy Chowdhary, Member, Board of Governors of the Medical Council of India (MCI) on 27th January, 2011. The Committee also heard the views of other experts/stakeholders on the subject. To get latest stand of the Ministry on the proposed introduction of Bachelor of Rural Health Care (BRHC) course, the Committee again heard the Secretary, Department of Health and Family Welfare on 22nd and 27th December, 2011.