3. COMMITTEE SECTION II (Petitions) 3.1. Main Functions: - This Section broadly deals with the following items of work:-

Transcription

1 3. COMMITTEE SECTION II (Petitions) 3.1. Main Functions: - This Section broadly deals with the following items of work:- (i) Processing of Petitions received presentation or submission to the Rajya Sabha in accordance with the provisions contained in Chapter X of the Rules of Procedure and Conduct of Business in the Council of States; (ii) Provides Secretarial assistance to the Committee on Petitions, General Purposes Committee, and such other ad-hoc Committees as may be assigned to this Section from time to time which involves issuance of notices convening their meetings, preparation of agenda papers/memoranda/background notes/questionnaires/minutes/draft reports etc. the respective Committees; (iii) Dealing with representations received from different quarters Processing of Notices of Petitions: The work of the Section in this respect involved examination of the Petitions in the context of their admissibility under the Rules after obtaining factual inmation from the concerned Ministries/Departments of the Central Government thereon. During the year 2005, a total number of sixtyeight petitions received from different quarters were examined in terms of the Rules governing their admissibility and of them, the following two petitions were admitted by the Hon'ble Chairman, Rajya Sabha which were presented/reported to the House and stood referred to the Committee examination & Report:- A. Presented to the Rajya Sabha: Sl. No. From Whom Countersigned by Subject Received 1. Ms. K. Hemalata, General Secretary and Ms. A.R. Sindhu, Treasurer, All India Federation Shri Chittabrata Majumdar, Member, Rajya Sabha. The need institutionalizing the Integrated Child Development Services (ICDS) Scheme by converting it into a regular Date of presentation

2 of Anganwadi Workers and Helpers, New Delhi. Department under the Ministry of Human Resource Development and regularization of services of Anganwadi Workers and Helpers as employees of that Department. B. Reported by the Secretary General to the Rajya Sabha 1. Shri Gopal --- Extension of CGHS Krishna, facilities to the a resident of Delhi. retired/retiring employees of Employees' Provident Fund Organization Committee on Petitions: -Under Rule 147(1) of the Rules of Procedure and Conduct of Business in the Council of States, the Chairman, Rajya Sabha, nominates this Committee which consists of ten Members and the Committee holds office until a new Committee is nominated.the Committee was re-constituted on the 6 th August, Accordingly, the Chairman and Members of the Committee were intimated about their nomination to the Committee through letters individually addressed to them. At the time of reconstitution of the Committee on 6 th August, 2005, the following petitions were pending consideration of the Committee. Sl. From Whom No. Received 1. Shri Pratap Ray of Jaipur, Orissa and Countersigned by Shri C.P. Apok Jamir, the then Subject Need legislative and other measures to check

3 eleven others. Member, Rajya Sabha. 2. Shri Hiralal Sharma, President, INTUC, Delhi Branch and 12 others. 3. Shri S.S. Chouhan, General Secretary, Indian National Building Construction Workers' Federation (INBCWF), New Delhi and two others. 4. S/Shri Niranjan Barpanda and Kedar Luha, residents of District Sambalpur in Orissa. 5. Shri K. Murali Krishna, a resident of Mumbai. adulteration of petrol/diesel and other malpractices at the retail outlets and action on other related matters. Miss Mabel Need legislative Rebello, the then measures inter alia to Member, Rajya provide a regulatory Sabha mechanism private nursing homes/clinics and stringent penal provisions production/distribution etc. of spurious medicines. Miss Mabel Enactment of a Rebello, the then comprehensive Member, Rajya legislation Sabha unorganized workers and effecting suitable amendments in the existing enactments to improve the conditions of construction workers/migrant labourers besides banning the use of asbestos to get rid of toxin in e-waste. --- Non-implementation of amended pension payment provisions by the State Bank of India Violation of public policy on Employees' Provident Fund by M/s Fairgrowth Financial Services Limited and the need amendment in the existing laws to regulate the functioning of the Provident Fund Trusts

4 established by the private companies in the country. The Committee concluded examination of all the above petitions and the draft Reports thereon were prepared by the Section and submitted approval. Those reports were, after approval by the Chairman of the Committee, placed bee the Committee consideration and adoption. After they were adopted by the Committee, arrangements were made their presentation to the Rajya Sabha on the scheduled dates as follows: Report Subject Date of Presentation 122 nd Petitions regarding non-implementation of the amended pension payment provisions by the State Bank of India. 123 rd Petition praying legislative and other measures to check adulteration of Petrol/Diesel and other malpractices at the retail outlets and action on some other related matters. 124 th Petition praying enactment of a comprehensive legislation unorganized workers and effecting suitable amendments in the existing enactments to improve the conditions of construction workers/migrant labourers besides banning the use of asbestos to get rid of toxin in e-waste. 125 th Petition regarding violation of public policy on Employees Provident Fund by M/s Fairgrowth Financial Services Limited and the need amendment in the existing laws to regulate the functioning of the Provident Fund Trusts established by the private companies in the country. 126 th Petition seeking legislative measures inter alia to provide a regulatory mechanism private nursing homes/clinics and stringent penal provisions production/distribution, etc. of spurious medicines

5 3.4. Meetings and Study visits of the Committee on Petitions: -The Committee held a total number of ten sittings during the year 2005 and undertook two Study visits as per the details given below: - (i) Meetings of the Committee on Petitions during the year Sl. No. Date of Meeting Time Devoted Hrs-Mts. Main Agenda To consider and adopt the draft 122 nd Report on the petition regarding nonimplementation of the amended pension payment provisions by the State Bank of India To further consider the petition praying legislative and other measures to check adulteration of petrol/diesel and other malpractices at the retail outlets and action on other related matters To have general discussion on the pending matters and to chalk out its future programme To hear the Secretary, Ministry of Petroleum and Natural Gas on the issues raised in the petition praying legislative and other measures to check adulteration of petrol/diesel and other malpractices at the retail outlets and action on other related matters in the context of the evidence emerging bee it on the basis of its interaction with the management of Bharat Petroleum Corporation Limited and individuals and written material adduced bee it To consider and adopt the draft 123 rd Report on the petition praying legislative and other measures to check adulteration of petrol/diesel and other malpractices at the retail outlets and action on other related matters.

6 To consider/further consider the ATRs on the 101 st and 116 th Reports of the Committee received from the Ministries concerned; 2. To hear the Secretaries of the: (i) Ministry of Overseas Indian Affairs on some aspects of the issues raised in the petitionpraying enactment of a comprehensive legislation unorganized workers and effecting suitable amendments in the existing enactments to improve the conditions of construction workers/migrant labourers besides banning the use of asbestos to get rid of toxin in e-waste; (ii) Ministry of Health and Family Welfare on the Action Taken Report received from the Ministry on the 117 th Report of the Committee on the petition praying extension of Central Services (Medical Attendance) Rules, 1944 and all other relevant orders relating to medical attendance to the Central Government pensioners residing in areas not covered by the Central Government Health Scheme (CGHS); and (iii) Ministry of Environment and Forests on the Action Taken Report received from the Ministry on the 121 st Report of the Committee on the petition praying measures to check pollution of the Brahmani river and other water bodies in Orissa To consider and adopt its following draft Reports: - (i) 124 th Report on the petition praying enactment of a comprehensive legislation unorganized workers and effecting suitable amendments in the existing enactments to improve the conditions of construction workers/migrant labourers besides banning the use of asbestos to get rid

7 of toxin in e-waste.; and (ii) 125 th Report on the petition regarding violation of public policy on Employees' Provident Fund by M/s Fairgrowth Financial Services Limited and the need amendment in the existing laws to regulate the functioning of the Provident Fund Trusts established by the private companies in the country To hear: (i) Ms. K. Hemalata, General Secretary and Ms. A.R. Sindhu, Treasurer, All India Federation of Anganwadi Workers and Helpers, New Delhi on their petition inter-alia praying institutionalizing the Integrated Child Development Services (ICDS)Scheme by converting it into a regular Department under the Ministry of Human Resource Development and regularization of services of Anganwadi Workers and Helpers as employees of that Department; and (ii) Shri Gopal Krishna, a resident of Delhi on his petition praying extension of CGHS facilities to the retired/retiring employees of Employees' Provident Fund Organization To consider and adopt the draft 126 th Report on the petition seeking legislative measures inter alia to provide a regulatory mechanism private nursing homes/clinics and stringent penal provisions production/distribution etc. of spurious medicines To hear the Secretary, Ministry of Human Resource Development (Department of Women and Child Development) on the petition inter alia praying institutionalizing the Integrated Child Development Services

8 (ICDS) Scheme by converting it into a regular Department under the Ministry of Human Resource Development and regularization of services of Anganwadi Workers and Helpers as employees of that Department. (ii) Study visits of the Committee on Petitions during the year Sl. No. Dates Places Visited Discussions held with 1. 3 rd to 9 th February, 2005 Bangalore, Hyderabad Kolkata and Health and Labour Secretaries of the Governments of Karnataka, Andhra Pradesh and West Bengal, Representatives of NGOs working in the Health Sector, drug manufacturers and trade unions. Purpose In connection with the examination of the issues raised in the petitions regarding the: (i) need legislative measures inter alia to provide a regulatory mechanism private nursing homes/clinics and stringent penal provisions production/distribution etc. of spurious medicines; and (ii) need enactment of a comprehensive legislation unorganized workers and effecting suitable amendments in the existing enactments to improve the conditions of construction workers/migrant labourers besides banning the use of asbestos to get rid of toxin in e-waste.

9 2. 24 th to 30 th May, 2005 Hyderabad, Chennai, Pondicherry and Thiruvananthapuram Health and Labour Secretaries of the Governments. of Tamil Nadu, Pondicherry, and Kerala, representatives of trade unions, leading manufacturers of medicines, NGOs working in the health sector and Shri K.L.N. Sastri, mer Executive Director of the Oil Coordination Committee (OCC) and Shri J. Prabhu Das, merly of Petroleum Intelligence & Vigilance Cell of the Ministry of Petroleum and Natural Gas. In connection with the examination of the issues raised in the petitions regardingthe:- (i) need legislative measures inter alia to provide a regulatory mechanism private nursing home/clinics and stringent penal provisions production/distribution etc. of spurious medicines; (ii) need enactment of a comprehensive legislation unorganized workers and effecting suitable amendments in the existing enactments to improve the conditions of construction workers/migrant labourers besides banning the use of asbestos to get rid of toxin in e-waste; and (iii) need legislative and other measures to check adulteration of petrol/diesel and other malpractices at the retail outlets and action on other related matters.

10 Besides attending to all the work connected with the meetings/study visits of the Committee, the Section also handled all correspondence with the Ministries/Departments concerned on various aspects connected with the implementation of the recommendations/observations of the Committee as contained in its Reports presented to the House from time to time General Purposes Committee: - With the amendment in the Rules of Procedure and Conduct of Business w.e.f. 1 st July 2000, this Committee has been included under Chapter XXIII of the Rules of Procedure and Conduct of Business in the Council of States. Under Rule 279(2) it has been provided that the Committee shall hold office until a new Committee is constituted. The functions of the Committee are to consider and advise on such matters concerning the affairs of the House as may be referred to it by the Hon ble Chairman, Rajya Sabha from time to time. No fixed number has been laid down its membership and the Deputy Chairman, Members of the Panel of Vice- Chairmen, Chairmen of all Standing Parliamentary Committees of Rajya Sabha, Leaders of recognized Parties/Groups in the House are nominated to this Committee. The Committee was reconstituted on the 25 th August, 2005 and all the Members of the Committee were inmed about their nomination through letters individually addressed to them. During the year 2005, no meeting of the General Purposes Committee was held Preparation of Paragraphs inclusion in the Journal of Parliamentary Inmation: Paragraphs inclusion in the Journal of Parliamentary Inmation containing inmation about the work transacted by the two Committees, namely, the Committee on Petitions and the General Purposes Committee, apart from the number of petitions, if any, presented/reported during the year 2005, were prepared and sent from time to time to the Research & Library Section incorporation in the Journal being issued quarterly Representations received from various Individuals/Organizations: Eighty-Ninerepresentations on various subjects addressed to the Hon'ble Chairman, Rajya Sabha/Chairman, Committee on Petitions/Secretary-General, Rajya Sabha, were received from different quarters during the year 2005 and were examined in the Section and in appropriate cases they were sent to the concerned Ministries/Departments necessary action Settlement of Refreshment Bills: Fifty-Nine bills received from the Assistant Commercial Officer (Catering), Northern Railway,

11 Tea Board, Coffee Board, Parliament House Complex in respect of refreshments served in the meetings of the Committees were processed and sent payment to the Establishment (Accounts) Section Budget Allocation: This Section was assigned a sum of Rupees Twenty Five Thousand in the Budgetary grant the Financial Year under the Head Other Administrative Expenses ( ) and the same was used settlement of the bills of refreshments served in the meetings of the Committees being serviced by this Section Status of Computerization: This Section has been provided with two Pentium 4, one Pentium III and two Celeron based P.Cs. were extensively used disposing of various items of work assigned to the Section Analysis: The details of the activities undertaken by the Section in the year 2005 have been enumerated above. In the context of the goals of this Section, its Action Plan was also prepared and acted upon. These goals were, to a large extent, achieved with success. The Secretary-General reviewed the Action Plan of the Section in a meeting held with the Additional Secretary/Under Secretary in charge of the Section in his Room in Parliament House on the 18 th November, 2005 and was, by and large, satisfied with the progress of its implementation.