9. COMMITTEE SECTION (H.A)

Transcription

1 9. COMMITTEE SECTION (H.A) 9.1 Main functions of the Section: The primary function of this Section is to provide secretarial assistance to one of the eight Department-related Parliamentary Standing Committees (DRSCs) serviced by the Rajya Sabha Secretariat i.e. Committee on Home Affairs. Like the other seven DRSCs serviced by the Rajya Sabha Secretariat, the Committee on Home Affairs is governed by Rules 268 to 277 of the Rules of Procedure and Conduct of Business in the Council of States. In other respects, the rules applicable to the Select Committee on Bills in the Council apply mutatis mutandis to the Committee. The functions assigned to the Committee, as enumerated in Rule 270 supra, pertain to the consideration of Demands for Grants of the related Ministries; examination of Bills pertaining to the related Ministries when referred to the Committee by the Hon ble Chairman and Hon ble Speaker, as the case may be; consideration of Annual Reports of the related Ministries; and National basic long term policy documents presented to the Houses, if referred to the Committee by the Hon ble Chairman or the Hon ble Speaker, as the case may be, and report thereon. 9.2 Jurisdiction of Committee: Two Ministries of the Government of India, namely, the Ministry of Home Affairs; and the Ministry of Development of North Eastern Region (DONER), as listed in the Third Schedule to the Rules of Procedure and Conduct of Business in the Council of States, are under the jurisdiction of the Committee on Home Affairs. 9.3 Tenure of Committee: After the constitution of the Fifteenth Lok Sabha, the new Committee was constituted, under the Chairmanship of Shri M. Venkaiah Naidu, on 31 st August for a term of one year, with 10 Members from Rajya Sabha and 21 from Lok Sabha, which continued to function till the re-constitution of the same w.e.f. 31 August with the same strength. 9.4 Consideration of Demands for Grants ( ): Two Reports (144 th and 145 th ) on the Demands for Grants of the Ministry of Home Affairs and the Ministry of Development of North- Eastern Region, for the year , were presented to Parliament, on 27 th April 2010 and 6 th May 2010, respectively, after their scrutiny by the Committee. 9.5 Consideration of Bills: During the period under review, the following five Bills were referred to the Committee for examination and report thereon: Sl. Date of reference Name of the Bill 1. 5 th April 2010 The Code of Criminal Procedure (Amendment) Bill, th August 2010 The New Delhi Municipal Council (Amendment) Bill, st September 2010 The Arms (Amendment) Bill, th September 2010 The Repatriation of Prisoners (Amendment) Bill, th December 2010 The Enemy Property (Amendment & Validation) Second Bill, The Reports on the Code of Criminal Procedure (Amendment) Bill, 2010 and the Repatriation of Prisoners (Amendment) Bill, 2010, were presented to the Parliament on 30 July 2010 and 10 November 2010, respectively. The New Delhi Municipal Council (Amendment) Bill, 1 Rajya Sabha Parliamentary Bulletin Part-II dated 31 August Rajya Sabha Parliamentary Bulletin Part-II dated 9 September Rajya Sabha Parliamentary Bulletin Part-II dated 05 April Rajya Sabha Parliamentary Bulletin Part-II dated 20 August Rajya Sabha Parliamentary Bulletin Part-II dated 1 September Rajya Sabha Parliamentary Bulletin Part-II dated 15 September Rajya Sabha Parliamentary Bulletin Part-II dated 30 December

2 2010, the Arms (Amendment) Bill, 2010 and the Enemy Property (Amendment & Validation) Second Bill, 2010 were under consideration of the Committee at the close of the year Bills inherited from previous Committee: The Land Ports Authority of India Bill, which was referred on 14 th September 2009, was inherited from the previous Committee for detailed examination and report thereon and the Report on the said Bill was presented to the Rajya Sabha on 24 th February 2010 and laid in the Lok Sabha on 22 nd February Consideration of General Subjects: The Committee re-constituted on 31 August, 2009 had in its agenda the following subjects for detailed study:- Sl. Ministry/Department Subject (1) Ministry of Home Affairs Internal Security, with special reference to Naxalism, cross border terrorism, Infiltration and Illegal Migration, Coastal Security; (2) -do- Housing Scheme for Central Police Forces and Delhi Police (3) -do- Working of Foreigner's Division; and (4) -do- Administration and Development of UTs The Committee completed study of the subjects of Naxalism as mentioned at Sr. Nos. (1) and Housing Scheme for Central Police Forces and Delhi Police, as mentioned against Item (2) above and its observations and recommendations thereon were incorporated in the 144 th Report on the Demands for Grants ( ) pertaining to the Ministry of Home Affairs which was presented to Parliament on 27 th April Besides, the findings of the study, on Union Territories (without Legislature) and Census 2011 and National Population Register were also incorporated in the said report. The Committee considered the subjects Cross-Border Terrorism, Infiltration and Illegal Migration, but the study remained inconclusive. The subject at Sr. (3) could not be taken up by the Committee due to paucity of time The new Committee re-constituted on 31 st August, 2010, again identified the following subjects for detailed study during its tenure:- Sl. Ministry/Department Subjects 1. Ministry of Home Affairs Internal Security (Cross-border terrorism, Infiltration and Coastal Security); 2. -do- Working of Foreigner's Division, Ministry of Home Affairs The Committee however could not take up these subjects due to constraints of time and preoccupation with disposal of legislative work. 9.7 Sub-Committees: The Committee did not constitute any sub-committee during the period under review. 9.8 Tours/Visits: The Committee did not undertake any study visit during the period under review. 9.9 Meetings & Reports: The Committee held 24 meetings in all devoting 32 hours. The details in respect of the meetings are as follows:- Meetings of the Committee during the year 2010 Sl. Date of Time devoted Main Agenda Meeting Hrs. Mts (i) Discussed Memorandum 1/2010 on Action Taken by Government on the recommendations/observations contained in the 142 nd Report of Department-related Parliamentary Standing 8 Rajya Sabha Part-II Parliamentary Bulletin dated 14 September

3 Committee on Home Affairs on Implementation of Central Scheme of Modernisation of Prison Administration; and (ii) heard presentation of the Home Secretary on 'infiltration across the Borders' Chairman made obituary reference to the passing away of Shri Janeshwar Mishra, MP, Rajya Sabha I. Chairman apprised the Committee of the response of the Home Secretary on the issue raised by Shri Naveen Jindal, MP, Lok Sabha, during the Committee's meeting held on 7 th January, 2010, pertaining to Draft Arm Policy. II. The committee: (i) considered and adopted draft report on Land Ports Authority of India Bill, 2009; and (ii) considered Memorandum 2/2010 on the decision given by Central Information Commission on an appeal filed under the RTI Act by Shri Patanjali Sharma, in connection with 83 rd Report of the Committee on the Personnel Policies Of Central Industrial Security Force and Central Secretariat Service I. The Committee finalised its programme of sittings during the recess of the current session of Parliament for examination of the Demands for Grants ( ) of the related Ministries. II. Chairman apprised the Committee of the content of a letter of the Home Minister dated 16 February 2010 relating to the decision taken by the Committee on and reiterated on relating to Arms, Firearms and Ammunitions I. Committee heard the Presentation of Home Secretary on Demands for Grants ( ) of the Ministry of Home Affairs; II. held discussion on the above items. Also held further discussion on Infiltration Across Borders. I. Home Secretary and Divisional Heads of MHA responded to the questions raised and queries made by Members in Committee's meeting held on ; II. Home Secretary/JS(IS) made a presentation on 'Arms, Fire Arms and Ammunition' and 'Draft Arms Policy' and discussion thereon was held; and III. Home Secretary/JS(UT) made a brief presentation on UT of Dadra and Nagar Haveli and discussion thereon (i) heard the Presentation of Secretary, Ministry of DoNER on Demands for Grants ( ) of Ministry of DoNER and held discussion thereon. (ii) held further discussion on the budgetary allocation ( ) of the UTs of Dadra & Nagar Haveli, Daman & Diu and Andaman & Nicobar Islands I. Chairman apprised the Committee about the reference of Code of Criminal Procedure (Amendment) Bill, 2010, as introduced and pending in the Lok Sabha, to it for examination and report within three months. II. The Committee : (i) further discussed budgetary allocations ( ) of the UTs of Dadra & Nagar Haveli and Daman & Diu and sought clarifications from Home Secretary and senior officers of the 81

4 Administrations of those UTs and Planning Commission. (ii) heard presentation by Registrar General and Census Commissioner of India on Census, 2011 and National Population Register (NPR) and held discussion thereon The Committee considered and adopted the draft Report on Demands for Grants ( ) of Ministry of Home Affairs The Committee further considered and adopted the draft Report on Demands for Grants ( ) of Ministry of Home Affairs Committee considered and adopted the draft Report on Demands for Grants ( ) of Ministry of DoNER Chairman made reference to the passing away of (i) Shri Bhairon Singh Shekhawat, Former Vice-President of India and Chairman, Rajya Sabha (ii) Shri Virendra Bhatia, sitting Member of Rajya Sabha and (iii) the plane crash that took place in Mangalore in which about 158 persons were killed Heard presentation of Home Secretary on Code of Criminal Procedure (Amendment) Bill, 2010 and held discussion thereon (i) Considered clause-by-clause, the Code of Criminal Procedure (Amendment) Bill, 2010; and (ii) Heard the Home Secretary on the issues raised in the meeting of the Committee held on in connection with the new Arms and Ammunition Policy Heard presentation of Home Secretary and Administrator, UT of Lakshadweep on the administration and development of Lakshadweep and other issues relating to the islands pending with various Ministries and Departments of the Government of India (i) Discussed the situation arising out of the non-laying of the Arms and Ammunitions Policy on the Table of the two Houses of Parliament; delay in introducing the Arms (Amendment) Bill and laying of the Arms (Amendment) Rules, 2010, despite repeated directions to the Ministry of Home Affairs, by the Committee; and (ii) Interacted with the Parliamentary Delegation from Mexico headed by H.E. Mr. Carlos Jimenez Macias (Senator), President of the Committee of External Affairs, Asia Pacific in the Mexican Parliament Committee: (i) held preliminary discussion on the a) The New Delhi Municipal Council (Amendment) Bill, 2010; b) The Arms (Amendment) Bill, 2010; and c) The Repatriation of Prisoners (Amendment) Bill, 2010; and (ii) discussed and finalized its future programme of sittings including the proposed study visits of the Committee to Dadra & Nagar Haveli, Daman and Diu and Lakshadweep Committee: (i) heard the presentation of the Home Secretary on the New Delhi Municipal Council (Amendment) Bill, 2010 and The Repatriation of Prisoners (Amendment) Bill, 2010; (ii) took up the clause-by-clause consideration of the Repatriation of Prisoners (Amendment) Bill, Committee heard the Home Secretary on the New Delhi Municipal Council (Amendment) Bill, 2010 and held discussion thereon Committee heard the Home Secretary on the New Delhi Municipal Council (Amendment) Bill, 2010 and held discussion thereon Committee heard the presentation of Home Secretary on the Arms (Amendment) Bill, 2010 and held discussion thereon I. Chairman: informed the Committee that Hon ble Chairman, Rajya Sabha has 82

5 granted further extension of time to the Committee for presentation of report on the New Delhi Municipal Council (Amendment) Bill, 2010 upto 31 st January, II. Committee: held further discussion on Arms (Amendment) Bill, 2010 and decided to seek extension upto the last week of first part of Budget Session, I. Chairman informed the Members that Hon ble Chairman, Rajya Sabha has given extension of time for presentation of report on the Arms (Amendment) Bill, 2010 till 31 January, II. Committee heard oral evidence of representatives of some Resident Welfare Associations on the New Delhi Municipal Council (Amendment) Bill, Further heard the Home Secretary on Arms (Amendment) Bill, Reports of the Committee: During the year under review, the Committee presented five Reports, which included three Reports on Bills. Details of the Reports are given in the accompanying table: - Sl. List of Reports of the Committee presented to Parliament during the Year 2010 Report Subject Dates of Presentation/Laying Rajya Sabha Lok Sabha The Land Ports Authority of India Bill, Demands for Grants ( ) of the Ministry of Home Affairs Demands for Grants ( ) of the Ministry of DoNER The Code of Criminal Procedure (Amendment) Bill, The Repatriation of Prisoners (Amendment) Bill, Goals & Objectives: The broad objectives of Department-related Parliamentary Standing Committees have been spelt out in Rule 270 of Rules of Procedures and Conduct of Business in Council of States (Rajya Sabha). The Committee on Home Affairs had the following specific goals to be achieved: (i) (ii) (iii) (iv) Consideration of Demands for Grants ( ) of related Ministries and report thereon; Consideration of ATRs received from the related Ministries on the respective Reports pertaining to Demands for Grants ( ) and report thereon; Examination of Bills and report thereon; and Detailed examination of the subjects and report thereon The succeeding paragraphs contain the analysis of the extent to which each of the above mentioned goals were achieved during the tenure of the Committee With regard to the goal mentioned at Sl.No.(i), the Committee considered the Demands for Grants ( ) of the related Ministries and presented two Reports thereon to the Parliament during the Budget Session of Regarding Sl. (ii), ATNs of the concerned Ministries on the observations/recommendations of the Committee as contained in its Reports on Demands for Grants ( ) will be considered by the Committee, and reports thereon are to be presented during Part I of Budget Session,

6 As regards the examination of Bills, the Committee presented its Reports on the Land Ports Authority of India Bill 2009, the Code of Criminal Procedure (Amendment) Bill, 2010 and the Repatriation of Prisoners (Amendment) Bill The New Delhi Municipal Council (Amendment) Bill, 2010 and Arms (Amendment) Bill, 2010 were referred to the Committee on 20 August, 2010 and 1 st September 2010, respectively. The examination of these Bills could not be completed till the end of the year. The Enemy Property (Amendment & Validation) Second Bill, 2010 was referred to the Committee on 30 December In respect of Sr. (iv), the Committee incorporated its subject related study i.e., Naxalism, Housing Scheme for Central Police Forces and Delhi Police, and Administration of UT (Without Legislature) in the Report on Demands for Grants ( ) pertaining to Ministry of Home Affairs Status of items under examination of the Committee: The status of items under examination of the Committee on Home Affairs as on is given below in tabular form: - Status of Items of work under examination of the Committee Sr. Bills/Subjects Status 1. The Lands Ports Authority of India Bill, 2009 Report presented 2. Demands for Grants ( ) of the Ministry of Home Affairs Report presented 3. Demands for Grants ( ) of the Ministry of DoNER Report presented 4. The Code of Criminal Procedure (Amendment) Bill, 2010 Report presented 5. The Repatriation of Prisoners (amendment) Bill, 2010 Report presented 6. The New Delhi Municipal Council (Amendment) Bill, 2010 Under consideration 7. The Arms (Amendment) Bill, 2010 Under consideration 8. The Enemy Property (Amendment & Validation) Second Bill, 2010 Under consideration 9.13 Status of Computerisation: Five Computers have been installed in the Section and all typing work is done on them. Information material for research and reference purposes is also searched on the internet. All computers are connected with LAN Inspection of the Section: The annual inspection of the Section for the year 2009 was held on Training: Staff members of this Section took training on the following subjects conducted by Training Unit of the Secretariat. Sr. No Officers/Staff Subject 1. Shri Anurag Ranjan, Sr. Committee Assistant Office Procedure 9.16 Budget: The details of allocation of Budget & Expenditure is as under: i) Budgetary Allocation: Rs. 3,40,000 Lunch/Dinner/Refreshment etc. (revised estimate) ii) Expenditure: a) Anticipated Expenditure upto 31 December 2009 is to the tune of Rs. 2,31,000 on Lunch/Dinner/Refreshment etc.; b) No expenditure incurred on binding of Reports and verbatim proceedings of the Committee. 84