TUESDAY, THE 23 RD AUGUST, 2005 (The Rajya Sabha met in the Parliament House at a.m.) Starred Questions The following Starred

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1 TUESDAY, THE (The Rajya Sabha met in the Parliament House at a.m.) Starred Questions The following Starred Questions were orally answered:- Starred Question No.381 regarding Report of IWMI on depletion of ground water. Starred Question No.382 regarding Outstanding amount of Government against different States. Starred Question No.383 regarding Expenditure on India shining campaign. Answers to remaining Starred Question Nos. 384 to 400 were laid on the Table. 2. Unstarred Questions Answers to Unstarred Question Nos to 2968 were laid on the Table. (The House adjourned at a.m. and re-assembled at Noon.) Noon 3. Papers Laid on the Table Shri Praful Patel (Minister of State (Independent Charge) of the Ministry of Civil Aviation) laid on the Table: I. A copy each (in English and Hindi) of the following Notifications of the Ministry of Civil Aviation, under sub-section (3) of section 14-A of the Aircraft Act, 1934, together with Explanatory Memoranda on the Notifications: (1) G.S.R.330 (E), dated the 20 th May, 2005, publishing the Aircraft (First Amendment) Rules, (2) G.S.R. 400 (E), dated the 16 th June, 2005, publishing the Aircraft (Second Amendment) Rules, From a.m. to a.m. some points were raised. (3) G.S.R. 401 (E), dated the 16 th June, 2005, publishing the Aircraft (Third Amendment) Rules II. A copy (in English and Hindi) of the Annual Report of the Commission of Railway Safety for the year under section 10 of the Railways Act, Shri Prem Chand Gupta (Minister of State (Independent Charge) of the Ministry of Company Affairs) laid on the Table a copy (in English and Hindi) of the Ministry of Company Affairs Notification No.1-CA(7)/83/2005, dated the 28 th July, 2005, publishing the Chartered Accountants (Amendment) Regulations, 2005, under section 30B of the Chartered Accountants Act, Shri S.S. Palanimanickam (Minister of State in the Ministry of Finance) laid on the Table:- I. A copy (in English and Hindi) of the Ministry of Finance (Department of Revenue) Notification G.S.R. 12 (E), dated the 10 th January, 2005, publishing the Authority for Advance Rulings (Customs, Central Excise and Service Tax) Procedure Regulations, 2005, under sub-section (3) of section 96I of the Finance Act, 1994, together with an Explanatory Memorandum on the Notification. II. A copy (in English and Hindi) of the Ministry of Finance (Department of Revenue), G.S.R.527 (E), dated the 10 th August, 2005, publishing Notification No.30/2005- Service Tax, dated the 10 th August, 2005, seeking to confer on the Central Excise Officer the powers of adjudging a penalty in terms of provisions of Chapter V of the Finance Act, 1994, and the rules made thereunder, under sub-section (4) of section 94 of the Finance Act, 1994, together with an Explanatory Memorandum on the Notification. III. A copy each (in English and Hindi) of the following Corrigenda pertaining to the Ministry of Finance (Department of Revenue), notifying certain rectifications and modifications as suggested by the Committee on Subordinate Legislation:

2 (1) G.S.R. 338 (E), dated the 27 th May, 2005, amending G.S.R. 757 (E), dated the 19 th November, (2) G.S.R. 514 (E), dated the 29 th July, 2005, amending G.S.R. 625 (E), dated the 21 st September, IV. A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Revenue), under section 159 of the Customs Act, 1962, together with Explanatory Memoranda on the Notifications: (1) G.S.R.497 (E), dated the 22 nd July, 2005, superseding Notification No. 26/95- Customs, dated the 16 th March, 1995, so as to prescribe concessions in terms of Margin of Preference (MOP). (2) G.S.R.498 (E), dated the 22 nd July, 2005, prescribing nil customs duty on certain specified items covered under the Early Harvest Programme (EHP) under the Indo- Singapore Comprehensive Economic Cooperation Agreement (CECA). (3) G.S.R.499 (E), dated the 22 nd July, 2005, specifying concessional rates of customs duty on certain specified items covered in Phased Elimination List under the Indo-Singapore Comprehensive Economic Cooperation Agreement (CECA). (4) G.S.R.500 (E), dated the 22 nd July, 2005, specifying concessional rates of customs duty on certain specified items covered in Phased Reduction List under the Indo-Singapore Comprehensive Economic Cooperation Agreement (CECA). V. A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Revenue), under sub-section (2) of section 38 of the Central Excise Act, 1944, together with Explanatory Memoranda on the Notifications: (1) G.S.R. 144 (E), dated the 1 st March, 2005, providing the Additional Duty of excise levied vide clause 85 of the Finance Bill, 2005, rebatable for export goods and not to be collected on goods exported under bond. (2) G.S.R. 196 (E), dated the 31 st March, 2005, publishing the Central Excise (Second Amendment) Rules, (3) G.S.R. 251(E), dated the 29 th April, 2005, publishing Notification No.19/2005- Central Excise (NT), dated the 29 th April, 2005, amending G.S.R. 472 (E), dated the 26 th June, 2001, to extend the facility of duty-free procurement of inputs for exports to Bhutan. (4) G.S.R. 313 (E), dated the 16 th May, 2005, publishing Notification No. 26/2005- Central Excise (NT), dated the 16 th May, 2005, amending the earlier E.R.I. II and III forms to be in line with the changes brought about in Indirect Taxes such as eightdigit Tariff and new duty types like CENVAT and S.E.D. (5) G.S.R. 534 (E), dated the 12 th August, 2005, publishing Notification No.31/2005- Central Excise, dated the 12 th August, 2005, seeking to amend Notification G.S.R. 127 (E), dated the 1 st March, 2002, so as to withdraw the exemption from Excise Duty on plastic materials reprocessed out of scrap or waste of goods falling within Chapter No.55 of the Central Excise Tariff Act, VI. A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Revenue), under section 48 of the Foreign Exchange Management Act (FEMA), 1999: (1) G.S.R. 336 (E), dated the 27 th May, 2005, publishing the Foreign Exchange Management (Establishment in India of branch or office or other place of business) (Amendment) Regulations, (2) G.S.R. 337 (E), dated the 27 th May, 2005, publishing the Foreign Exchange Management (Transfer or Issue of any Foreign Security) (Second Amendment) Regulations, 2005.

3 (3) G.S.R. 504 (E), dated the 25 th July, 2005, publishing the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Fourth Amendment) Regulations, (4) G.S.R. 505 (E), dated the 25 th July, 2005, publishing the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Fifth Amendment) Regulations, (5) G.S.R. 511 (E), dated the 28 th July, 2005, publishing the Foreign Exchange Management (Adjudication Proceedings and Appeal) Amendment Rules, (6) G.S.R. 512 (E), dated the 28 th July, 2005, publishing the Foreign Exchange Management (Current Account Transaction) (Fourth Amendment) Rules, (7) G.S.R. 513 (E), dated the 29 th July, 2005, publishing the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Third Amendment) Regulations, VII. A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Revenue), under sub-section (7) of section 9A of the Customs Tariff Act, 1975, together with Explanatory Memoranda on the Notifications: (1) G.S.R. 434 (E), dated the 30 th June, 2005, publishing Notification No. 58/2005- Customs, dated the 30 th June, 2005, imposing definitive anti-dumping duty on Hexa Methylene Tetramine, commonly known as Hexamine, originating in, or exported from Iran, on the basis of recommendation of the Directorate General of Antidumping and Allied Duties (DGAD). (2) G.S.R. 435 (E), dated the 30 th June, 2005, publishing Notification No. 59/2005- Customs, dated the 30 th June, 2005, rescinding G.S.R. 42 (E), dated the 27 th January, 2005, so as to withdraw provisional anti-dumping duty imposed on Hexa Methylene Tetramine, commonly known as Hexamine, originating in, or exported from Iran. (3) G.S.R. 457 (E), dated the 6 th July, 2005, publishing Notification No.62/2005- Customs, dated the 6 th July, 2005, rescinding G.S.R. 374 (E), dated the 1 st May, 2003, so as to withdraw the levy of anti-dumping duty on D(-) Para Hydroxy Phenyl Glycine Base, originating in, or exported from, the European Union. (4) G.S.R. 466 (E), dated the 12 th July, 2005, publishing Notification No. 64/2005- Customs, dated the 12 th July, 2005, rescinding G.S.R. 922 (E), dated the 21 st December, 2000, so as to withdraw the levy of final anti-dumping duty on Black and White Photographic Paper, originating in, or exported from, the United Kingdom, France and Hungary. (5) G.S.R. 480 (E), dated the 19 th July, 2005, publishing Notification No. 67/2005- Customs, dated the 19 th July, 2005, seeking to withdraw the final anti-dumping duty on Paracetamol originating in, or exported from Taiwan and continue the imposition of the same originating in, or exported from the People s Republic of China, at the rates recommended by the Designated Authority. (6) G.S.R. 481 (E), dated the 19 th July, 2005, publishing Notification No. 68/2005- Customs, dated the 19 th July, 2005, seeking to provisionally exempt imports of vitrified and porcelain tiles, other than industrial vitrified tiles, produced and exported by specified parties, from anti-dumping duty imposed vide G.S.R 376 (E), dated the 1 st May, (7) G.S.R. 482 (E), dated the 19 th July, 2005, publishing Notification No. 69/2005- Customs, dated the 19 th July, 2005, rescinding G.S.R. 454 (E), dated the 25 th June, 2001, under which the final anti-dumping duty was imposed on imports into India of certain types/grades of alloy and non-alloy steel billets, bars and rounds, originating in, or exported from, the People s Republic of China and Russia.

4 (8) G.S.R. 491 (E), dated the 20 th July, 2005, publishing Notification No. 71/2005- Customs, dated the 20 th July, 2005, amending G.S.R. 118 (E), dated the 1 st March, 2002, so as to allow three other oil PSUs, namely, Hindustan Petroleum Corporation Limited, Bharat Petroleum Corporation Limited and IBP Company Limited also to import kerosene for Public Distribution System at nil customs duty. (9) G.S.R. 503 (E), dated the 25 th July, 2005, publishing Notification No. 76/2005- Customs, dated the 25 th July, 2005, imposing final anti-dumping duty on narrow woven fabrics originating in, or exported from the People s Republic of China and Chinese Taipei. VIII. A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Revenue), under section 74 of the Prevention of Money- Laundering Act, 2002, together with Explanatory Memoranda on the Notifications: (1) G.S.R.436 (E), dated the 1 st July, 2005, appointing 1st July, 2005, as the date on which all the provisions of the Prevention of Money-Laundering Act, 2002, shall come into force. (2) G.S.R. 437 (E), dated the 1 st July, 2005, laying down the appointment and setting up of Adjudicating Authority in terms of the provisions contained in section 6 of the Prevention of Money-laundering Act, (3) G.S.R. 438 (E), dated the 1 st July, 2005, laying down the jurisdiction of the New Delhi Bench of the Adjudicating Authority over the whole of India. (4) G.S.R.439(E), dated the 1 st July, 2005, laying down the establishment of an Appellate Tribunal at New Delhi to hear appeals against the orders of the Adjudicating Authority. (5) G.S.R.440 (E), dated the 1 st July, 2005, laying down the appointment of Director, Financial Intelligence Unit, India, under the Ministry of Finance, Department of Revenue and empowering him to exercise the powers conferred under various sections of the Prevention of Money-Laundering Act, (6) G.S.R.441 (E), dated the 1 st July, 2005, laying down the appointment of Director of Enforcement as the Director for the purpose of the various provisions of the Prevention of Money-Laundering Act, 2002, pertaining to investigation, attachment of property/proceeds of crime, etc. relating to scheduled offences under the said Act. (7) G.S.R.442 (E), dated the 1 st July, 2005, publishing the Prevention of Money- Laundering (the Manner of forwarding a copy of the Order of Provisional Attachment of Property along with the Material, and copy of the Reasons along with the Material in respect of Survey, to the Adjudicating Authority and its period of Retention) Rules, (8) G.S.R.443 (E), dated the 1 st July, 2005, publishing the Prevention of Money- Laundering (Receipt and Management of Confiscated Properties) Rules, (9) G.S.R.444 (E), dated the 1 st July, 2005, publishing the Prevention of Money- Laundering (Maintenance of Records of the Nature and Value of Transactions, the Procedure and Manner of Maintaining and Time for Furnishing Information and Verification and Maintenance of Records of the Identity of the Clients of the Banking Companies, Financial Institutions and Intermediaries) Rules, (10) G.S.R.445 (E), dated the 1 st July, 2005, publishing the Prevention of Money- Laundering (Forms, Search and Seizure and the Manner of Forwarding the Reasons and Material to the Adjudicating Authority, Impounding and Custody of Records and the Period of Retention) Rules, (11) G.S.R.446 (E), dated the 1 st July, 2005, publishing the Prevention of Money- Laundering (the Forms and the Manner of Forwarding a Copy of Order of Arrest of a Person along with the Material to the Adjudicating Authority and its period of Retention) Rules, 2005.

5 (12) G.S.R.447 (E), dated the 1 st July, 2005, publishing the Prevention of Money- Laundering (the Manner of Forwarding a Copy of the Order of Retention of Seized Property along with the Material to the Adjudicating Authority and the period of its Retention) Rules, (13) G.S.R.448 (E), dated the 1 st July, 2005, publishing the Prevention of Money- Laundering (Manner of receiving the Records authenticated Outside India) Rules, (14) G.S.R.449 (E), dated the 1st July, 2005, publishing the Prevention of Money- Laundering (Appeal) rules, p.m. 4. Motion for Election to the Indian Nursing Council A motion for election of one member to the Indian Nursing Council was moved and adopted p.m.& 5. Report of the Department Related Parliamentary Standing Committee on Transport, Tourism and Culture Shri Nilotpal Basu presented the Ninetieth Report (in English and Hindi) of the Department-related Parliamentary Standing Committee on Transport, Tourism and Culture on the Development of Airport Sector with Special emphasis on new Modern Airports p.m.# 6. Government Bills Introduced The National Commission for Minority Educational Institutions (Amendment) Bill, 2005 Shri Arjun Singh (Minister of Human Resource Development) moved for leave to introduce a Bill to amend the National Commission for Minority Educational Institutions Act, The Indian Medical Council (Amendment) Bill, 2005 Dr. Anbumani Ramadoss (Minister of Health and Family Welfare) moved for leave to introduce a Bill further to amend the Indian Medical Council Act, & From p.m. to p.m. some points were raised. # From p.m. to p.m. some points were raised p.m.@ 7. Matters raised with permission p.m. (1) Shri Ravi Shankar Prasad** raised a matter regarding certain remarks allegedly made by a Union Minister in an interview on a television channel. Some Members also spoke. Shri Shivraj Vishwanath Patil,** Minister of Home Affairs, responded p.m.% (2) Prof. Saif-ud-Din Soz raised a matter regarding need to maintain and protect the Taj Mahal as a National Monument p.m. # 8. Short Duration Discussion Further discussion on the situation arising out of the striking down of the IMDT Act by the Supreme Court, raised by Shri Pramod Mahajan on the 22 nd August, 2005, continued. The following Members took part in the discussion: p.m. 1. Shri Silvius Condpan p.m. 2. Shri Kalraj Mishra** 1-05 p.m. 3. Shri Dwijendra Nath Sharmah

6 1-15 p.m. 4. Maulana Obaidullah Khan Azmi$ 1-21 p.m. 5. Shri Dinesh Trivedi 1-23 p.m. Shri Shivraj Vishwanath Patil,** Minister of Home Affairs, replied to the discussion. From p.m. to p.m. some points were raised. ** Spoke in Hindi. % From p.m. to p.m. some points were raised. # From p.m. to p.m. some points were raised. $ Spoke in Urdu. The discussion was concluded p.m. 9. Government Bill Passed The Warehousing Corporations (Amendment) Bill, Dr. Akhilesh Prasad Singh (Minister of State in the Ministry of Agriculture and Minister of State in the Ministry of Consumer Affairs, Food and Public Distribution) moved:- That the Bill further to amend the Warehousing Corporations Act, 1962 be taken into consideration. The following Members took part in the discussion: 2-02 p.m. 1. Shri Dipankar Mukherjee 2-06 p.m. 2. Shri V. Narayanasamy 2-13 p.m. 3. Shri Manoj Bhattacharya 2-21 p.m. 4. Shri Sharad Anantrao Joshi 2-24 p.m. 5. Shrimati N.P. Durga 2-27 p.m. 6. Shri Pyarelal Khandelwal** 2-30 p.m. Dr. Akhilesh Prasad Singh** replied to the debate p.m. The motion for consideration of the Bill was adopted. Clauses 2 to 5 were adopted. Clause 1, the Enacting Formula and the Title were adopted p.m. The motion moved by Dr. Akhilesh Prasad Singh that the Bill be passed was adopted and the Bill was passed. ** Spoke in Hindi p.m. 10. Short Duration Discussion Shri Sitaram Yechury raised a discussion on the state of agriculture, poverty and unemployment in the country in the light of mid-term appraisal of the Tenth Five Year Plan. The following Members took part in the discussion: 3-10 p.m. 1. Shri Balbir K. Punj 3-40 p.m. 2. Shri Vayalar Ravi 4-00 p.m. 3. Shri N.R. Govindarajar% 4-16 p.m. 4. Shri Ravula Chandra Sekar Reddy 4-30 p.m. 5. Dr. Radhakant Nayak 4-42 p.m. 6. Shri Mangani Lal Mandal** 4-52 p.m. 7. Shri Suresh Bhardwaj ** 5-00 p.m. 8. Shri Sharad Anantrao Joshi 5-07 p.m. 9. Shri Shantaram Laxman Naik

7 5-19 p.m. 10. Shri Ram Jethmalani Shri Sharad Pawar,** (Minister of Agriculture and Minister of Consumer Affairs, Food and Public Distribution) The discussion was concluded and the concerned Minister to reply on the 24 th August, Message from Lok Sabha$ The National Rural Employment Guarantee Bill, 2005 Secretary-General reported to the House the following message received from Lok Sabha, signed by the Secretary-General of the Lok Sabha:- In accordance with the provisions of rule 96 of the Rules of Procedure and Conduct of Business in Lok Sabha, I am directed to enclose the National Rural Employment Guarantee Bill, 2005, as passed by Lok Sabha at its sitting held on the 23 rd August, % Spoke in Tamil. ** Spoke in From 5-25 p.m. to 5-26 p.m. see item no.11 and from 5-26 p.m. to 5-29 p.m. see item no.13. $ At 5-25 p.m. 12. Bill Laid on the Table Secretary-General laid on the Table a copy of the National Rural Employment Guarantee Bill, 2005, as passed by Lok Sabha. 13. Statements by Ministers % (1) Shri Mani Shankar Aiyar, Minister of Petroleum and Natural Gas and Minister of Panchayati Raj, made a statement regarding status of implementation of the recommendations contained in the First Report of the Department-related Parliamentary Standing Committee on Petroleum and Natural Gas p.m. (2) Shri Rao Inderjit Singh, Minister of State in the Ministry of External Affairs, laid on the Table a statement (in English and Hindi) statement regarding status of implementation of the recommendations contained in the Third Report of the Department-related Parliamentary Standing Committee on External Affairs. (The House adjourned at 6-16 p.m. till a.m. on Wednesday, the 24 th August, 2005) % At 5-26 p.m.

(b) Review by Government on the working of the above Institute.

(b) Review by Government on the working of the above Institute. RAJYA SABHA WEDNESDAY, THE (The Rajya Sabha met in the Parliament House 11-00 a.m.) 11-00 a.m. 1. Starred Questions The following Starred Questions were orally answered:- Starred Question No.662 regarding