7. COMMITTEE SECTION (HOME AFFAIRS) 7.1 Main functions of ...

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7. COMMITTEE SECTION (HOME AFFAIRS) 7.1 Main functions of the Section: The primary function of this Section is to provide secretarial assistance to one of the six Department-related Parliamentary Standing Committees (DRPSCs) serviced by Rajya Sabha Secretariat i.e. Committee on Home Affairs. Like the other five DRPSCs serviced by Rajya Sabha Secretariat, 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. Further, Rules 74 to 92 of the said Rules relating to Select Committee on Bills 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/Departments; examination of Bills pertaining to the related Ministries/Departments when referred to the Committee by the Chairman or the Speaker; consideration of Annual Reports of the related Ministries/Departments; and national basic long term policy documents presented to the Houses, if referred to the Committee by the Chairman or the Speaker, as the case may be, and report thereon. 7.2 Jurisdiction of Committee: Three Ministries of Government of India, namely, Ministry of Home Affairs; Ministry of Personnel, Public Grievances and Pensions; and Ministry of Law, Justice and Company Affairs have been placed under the jurisdiction of the Committee on Home Affairs, in accordance with Third Schedule to Rule 268 supra. In all, 12 Departments come under the aforesaid three Ministries which are as below: - Ministry of Home Affairs (i) Department of Internal Security; (ii) Department of States; (iii) Department of Official Language; (iv) Department of Home; and (v) Department of Jammu & Kashmir Affairs. Ministry of Personnel, Public Grievances and Pensions (i) Department of Personnel and Training; (ii) Department of Administrative Reforms and Public Grievances; and (iii) Department of Pensions and Pensioners’ Welfare. Ministry of Law, Justice and Company Affairs (i) Department of Legal Affairs; (ii) Legislative Department;

Transcript of 7. COMMITTEE SECTION (HOME AFFAIRS) 7.1 Main functions of ...

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7. COMMITTEE SECTION (HOME AFFAIRS)

7.1 Main functions of the Section: The primary function of this Section is to provide secretarial assistance to one of the six Department-related Parliamentary Standing Committees (DRPSCs) serviced by Rajya Sabha Secretariat i.e. Committee on Home Affairs. Like the other five DRPSCs serviced by Rajya Sabha Secretariat, 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. Further, Rules 74 to 92 of the said Rules relating to Select Committee on Bills 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/Departments; examination of Bills pertaining to the related Ministries/Departments when referred to the Committee by the Chairman or the Speaker; consideration of Annual Reports of the related Ministries/Departments; and national basic long term policy documents presented to the Houses, if referred to the Committee by the Chairman or the Speaker, as the case may be, and report thereon. 7.2 Jurisdiction of Committee: Three Ministries of Government of India, namely, Ministry of Home Affairs; Ministry of Personnel, Public Grievances and Pensions; and Ministry of Law, Justice and Company Affairs have been placed under the jurisdiction of the Committee on Home Affairs, in accordance with Third Schedule to Rule 268 supra. In all, 12 Departments come under the aforesaid three Ministries which are as below: -

Ministry of Home Affairs

(i) Department of Internal Security; (ii) Department of States;

(iii) Department of Official Language; (iv) Department of Home; and (v) Department of Jammu & Kashmir Affairs.

Ministry of Personnel, Public Grievances and Pensions (i) Department of Personnel and Training; (ii) Department of Administrative Reforms and Public Grievances; and

(iii) Department of Pensions and Pensioners’ Welfare.

Ministry of Law, Justice and Company Affairs (i) Department of Legal Affairs;

(ii) Legislative Department;

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(iii) Department of Justice; and (iv) Department of Company Affairs.

7.3 Tenure of Committee: The Committee on Home Affairs (2001) was constituted on 1 January 2001· with 15 Members from Rajya Sabha and 29 Members from Lok Sabha and ceased to function on 31 December 2001, with the completion of its tenure.

7.4 Consideration of Demands for Grants (2001-2002): Three Reports on Demands for Grants (Ministry-wise) for the year 2001-2002 were presented, upon their scrutiny by the Committee, to both the Houses of Parliament, on 19 April 2001. The Committee also upon scrutiny, presented three Reports on the Action Taken by Government on the Recommendations/Observations of the Committee contained in its Reports on the Demands for Grants (2000-2001) of the Ministry of Home Affairs, Ministry of Personnel, Public Grievances and Pensions and Ministry of Law, Justice and Company Affairs to Parliament, i.e. on 18 April 2001 in Rajya Sabha and 17 April 2001 in Lok Sabha. 7.5 Consideration of Bills: The Committee upon its constitution on 1 January 2001 inherited the following five Bills from its predecessor Committee: - Sl. No. Name of the Bill Date of reference 1. The Election Laws (Amendment) Bill, 1999 14.01.2000 2. The Lotteries (Prohibition) Bill, 1999 16.02.2000 3. The Freedom of Information Bill, 2000 15.09.2000 4. The Repealing and Amending Bill, 1999 06.12.2000 5. Indian Divorce (Amendment) Bill, 2000 19.12.2000

During the period under review the following Bills were referred to the Committee for examination and report: 6. The Code of Civil Procedure (Amendment) Bill, 2000 04.01.2001 7. The Constitution (Ninety-first Amendment) Bill, 2000 14.02.2001 8. The Registration and Other Related Laws (Amendment)

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Bill, 2000 05.02.2001

9. The North-Eastern Council (Amendment) Bill, 1998 03.08.2001 10. The Competition Bill, 2001 20.08.2001 11. The Lokpal Bill, 2001 07.09.2001 12. The Companies (Amendment) Bill, 2001 07.09.2001 13. The Companies (Second Amendment) Bill, 2001 07.09.2001 14. The Representation of the People (Amendment) Bill, 2001 10.12.2001 In relation to the Election Laws (Amendment) Bill, 1999*, the Committee considered and adopted the draft Report on the Bill in its sitting held on 10 April 2001and presented the Report (Seventieth) along with evidence recorded thereon during the Budget Session on 19 April 2001 in Rajya Sabha and 18 April 2001 in Lok Sabha.

With regard to the Lotteries (Prohibition) Bill, 1999*, the Committee considered the said Bill in its meetings held on 8 February and 26 June 2001. As the Committee was sharply divided over the subject matter of the Bill, Clause-by-clause consideration of the Bill could not be taken up. The Committee, therefore, decided that the Secretariat would prepare the Report in the light of discussions, evidence and memoranda received.

Draft report was accordingly prepared and the same adopted by the Committee in its sitting held on 2 November 2001 and presented along with evidence recorded thereon during the Winter Session on 18 December 2001 in Rajya Sabha and 12 December 2001 in Lok Sabha.

Pertaining to the Bills at Sr. Nos. 3 & 5 supra,the Committee heard the concerned Secretaries of the Ministries and took oral evidence from individuals/organisations connected with the subjects respectively and presented Reports thereon (Seventy-eighth and Seventy-seventh) during the first leg of Monsoon Session of Parliament to both the Houses on 25 July 2001. Evidence recorded on the Bills were also laid on the Table of both the Houses.

The Committee also heard the Secretary and other officers of the concerned Ministry with regard to the Bill at Sr.No.4 supra and presented Report thereon (Seventy-sixth) along with evidence

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recorded on the Bill during the Monsoon Session on 25 July 2001 to both the Houses of Parliament. As regards the Bills at Sr. Nos. 6, 7 and 8 supra, the Committee heard Secretary, Legislative Department, Ministry of Law, Justice and Company Affairs. The Secretariat, accordingly, prepared draft Report on the Constitution (Ninety-first Amendment) Bill, 2000 on the basis of deliberations and discussions held in the sittings of the Committee. The draft Report (Seventy-fourth) thereon was adopted in the sitting of the Committee held on 25 April 2001 and presented along with evidence recorded on the Bill to both Houses of Parliament during Budget Session on 26 April 2001.

As regards the Registration and Other Related Laws (Amendment) Bill, 2000 and the Code of Civil Procedure (Amendment) Bill, 2000, the Committee had invited views/comments of individuals/organizations on the Bills through Press Release. In response thereto memoranda/ letters/e-mails received were scrutinized. The Committee also took further evidence of experts connected with the subject matter of the Registration and Other Related Laws (Amendment) Bill, 2000. Draft Reports thereon was prepared on the basis of deliberations and discussions held in the sittings of the Committee and inputs received from witnesses who appeared before the Committee and from various quarters, respectively on both the Bills. The draft Report on the Registration and Other Related Laws (Amendment) Bill, 2000 was adopted in the sitting of the Committee held on 31 July 2001 and the same (Seventy-ninth) along with evidence recorded on the Bill presented to both Houses of Parliament during Monsoon Session on 7 August 2001. The draft Report on the Code of Civil Procedure (Amendment) Bill, 2000 (Eightieth) was adopted on 2 November 2001 and presented along with evidence recorded on the Bill to both Houses of Parliament during Winter Session on 20 November 2001.

In relation to the North-Eastern Council (Amendment) Bill, 1998

at Sr. No. 9 supra, the Committee heard Special Secretary (NE), Ministry of Home Affairs. The Committee also heard the Chief Secretaries and Members of Parliaments of North-Eastern States. Draft Report thereon was prepared on the basis of deliberations and discussions held in the sittings of the Committee and inputs received from witnesses who appeared before the Committee and adopted in the meeting of the Committee held on 4 December 2001. The Report thereon (Eighty-second) along with evidence recorded on the Bill was presented during Winter Session of Parliament to Rajya Sabha on 18 December 2001 and laid in Lok Sabha on 12 December 2001.

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Pertaining to the Lokpal Bill, 2001 at Sr. No. 11 supra,the

Committee heard the Secretary, Ministry of Personnel, Public Grievances and Pensions and held extensive deliberations and discussions on the various issues connected with the Bill. Draft report thereon was adopted in the meeting of the Committee held on 19 December 2001. The Report (Eighty-fourth) thereon could not be presented to Parliament due to early adjournment of the Winter Session and therefore presented along with evidence recorded on the Bill to Hon’ble Chairman, Rajya Sabha and copies thereof forwarded to Hon’ble Speaker, Lok Sabha and Minister of Parliamentary Affairs on 31 December 2001*.

In relation to the Bills at Sr. Nos. 10, 12 and 13 supra, they are

in various stages of examination of the Committee detailed in the accompanying table at para 12. The Representation of the People (Amendment) Bill, 2001 at Sr. No. 14 could not be considered due to time constraint as the Bill was referred to the Committee in the last leg of its term on 10 December 2001.

Thus, the Committee during the period under review presented Reports on ten Bills.

(i) Insurgency and Economic and Infrastructural

Development of the North-Eastern Region*: Due to preoccupation of the Committee with heavy legislative business, it could not consider the same further.

_____________________________________ *The Report along with Evidence recorded thereon would be presented to both the Houses of Parliament in the first leg of Budget Session-2002.

During the presentation of Secretary (Personnel) and Home Secretary on the Demands-for-Grants of their Ministries, some Members of the Committee had raised points regarding the Personnel Policies of Central Secretariat Service and Central Industrial Security Force, respectively. The Committee had, then, decided to take up the subject for study and present a separate report on it to Parliament. The Committee heard the Secretary (Personnel) and Home Secretary exclusively on the subject in its meeting held on 10 April 2001. It deliberated on the subject in three sittings and adopted the draft Report on 11 December 2001. The Report (Eighty-third) thereon was presented to both Houses of Parliament on 19 December 2001.

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7.6 Sub-Committees: Three sub-Committees were reconstituted* on January 11, 2001© to examine in detail the following subjects: -

(i) Judicial Reforms; (ii) Personnel Policy of Central Para-Military

Forces, and (iii) Swatantrata Sainik Samman Pension

Scheme.

During the year under review, the sub-Committees for the subjects at Sr. Nos. (ii) & (iii) held one sitting each. Details of the meetings are given in the accompanying table at para. 9.

The sub-Committee on Judicial Reforms at Sr. No.(i) identified

‘Law’s Delays: Arrears in Courts’ for detailed study and report and held three sittings for the purpose. In its meeting held on 4 December 2001, it adopted the draft Report thereon and presented the same to the main Committee for its consideration**. 7.8 Tours/Visits: The Committee, with the permission of the Hon’ble Chairman, undertook one study visit during its tenure to take evidence on Competition Bill, 2001, from 5-7 November 2001. The date-wise details of Study Tour are given below:-

Sr. No.

Date of Meeting/Tour

Place of Activity

Subject discussed/Institutions visited/ witness heard

1. 5 November 2001

Mumbai Evidence on Competition Bill, 2001of:

(i) Shri Rahul Bajaj of Bajaj Auto Ltd; (ii) Shri Keshub Mahindra of

Mahindra and Mahindra (iii)ICICI Ltd; and (iv) IDBI

2. 6 November 2001

-do- Evidence on Competition Bill, 2001of: (i) Bombay Chamber of

Commerce & Industry; (ii) Indian Merchant Chambers;

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(iii) National Stock Exchange of India Ltd; and

(iv) Securities and Exchange Board of India

7.9 Meetings & Reports: The Committee (2001) held 50 meetings* in all devoting 98 hours 07 minutes. The three sub-Committees held a total of 5 sittings devoting a total of 12 hours 15 minutes during the year under review. The details in respect of the main Committee/sub-Committees are as follows:-

Meetings of the main Committee during the year 2001

Time devoted

Sl. No.

Date of Meeting

Hrs. Mts.

Main Agenda

1. 22.01.2001 00hr.15 min.

Obituary reference to the passing away of Shri Jitendra Prasada, M.P.(LS) and Member of the Committee

2. 23.01.2001 2hr.25 min.

Oral evidence of representatives of Legislative Department, Ministry of Law, Justice and Company Affairs on the Repealing and Amending Bill, 1999 and Indian Divorce (Amendment) Bill, 2000.

3. 24.01.2001 4hr.10 min.

Oral evidence of:-

(i) Representatives of Commonwealth Human Rights Initiative;

(ii) Dr. Madhav Godbole; (iii) Shri A.G. Noorani; and (iv) Prof. Manubhai Shah, on the

Freedom of Information Bill,2000 4. 07.02.2001 00hr.30

min. Obituary reference to the passing away of Smt Nisha Choudhary, M.P.(LS) and Member of the Committee and Smt. Vijaya Raje Scindia , M.P.(LS) and former Member of the Committee.

5. 8.2.2001 5hr.00

min. (a) Oral evidence of-

(i) Representatives of Mazdoor Kisan Shakti Sangathan, Rajasthan; and

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(ii) Justice Shri P.B.Sawant, Chairman, Press Council of India on the Freedom of Information Bill, 2000. (b) Consideration of-

(i) Lotteries (Prohibition) Bill, 1999; and (ii) Action Taken Notes of related Ministries/Departments on the recommendations of the Committee on Demands for Grants (2000-01) as contained in its Fifty-ninth, Sixtieth and Sixty-first Reports.

6. 9.2.2001 2hr.20 min.

(a) Oral evidence of Catholic Bishops Conferences of India, National Council of Churches in India and Joint Women’s Programme on the Indian Divorce (Amendment) Bill, 2000; (b) Discussion on revised draft Report on the Election Laws (Amendment) Bill, 1999

7. 27.3.2001 6hr.00 min.

(i) Consideration and adoption of Reports on Action Taken by the Ministries/Departments on the recommendations of the Committee on Demands for Grants (2000-01) as contained in its Fifty-ninth, Sixtieth and Sixty-first Reports. (ii) Oral evidence of Home Secretary on the Demands for Grants (2001-2002) of Ministry of Home Affairs and Department of Justice

8. 28.3.2001 4hr.43 min.

Oral evidence of Secretaries of: (a) North-Eastern Council, Shillong; (b) Ministry of Personnel, Public Grievances and Pensions; (c) Department of Company Affairs; and (d) Department of Legal Affairs on Demands for Grants (2001-02) of their respective Ministries and Departments.

9. 29.3.2001 2hr.54 min.

Oral evidence of Secretary, Legislative Department, Ministry of Law, Justice and Company Affairs on (i) Demands for Grants (2001-2002) of the Department; and (ii) The Constitution (Ninety-first Amendment) Bill, 2000.

10. 30.3.2001 2hr.40 Oral evidence of:-

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min. (i) Commissioner of Police, Delhi on their Demands for Grants (2001-2002); and (ii) Experts on Traffic Management in Delhi.

11. 9.4.2001 00hr.15 min.

Obituary reference to the passing away of Shri Devi Lal Ex-Deputy Prime Minister & Member of Rajya Sabha.

12. 10.4.2001 4hr.27 min.

(i) Clause-by-clause consideration of the Constitution (Ninety-first Amendment) Bill, 2000; (ii) Oral evidence of:-

(a) Home Secretary on personnel policies of direct recruit Group ‘A’ officers of CISF; and

(b) Secretary (Personnel) on personnel policies of direct recruit Group ‘A’ officers of CISF and Officers of CSS; and

(iii) Consideration and adoption of draft Report as further revised on the Election Laws (Amendment) Bill, 1999.

13. 11.4.2001 1hr.20

min. Consideration and adoption of draft Reports on Demands for Grants (2001-2002) of Ministries of Personnel, Public Grievances & Pensions and Law, Justice and Company Affairs.

14. 12.4.2001 1hr.25 min.

Consideration and adoption of draft Report on Demands for Grants (2001-2002) of Ministry of Home Affairs.

15. 25.4.2001 1hr.00 min.

Consideration and adoption of draft Report on the Constitution (Ninety-first Amendment) Bill, 2000

16. 28.5.2001 00hr.45 min.

(i) Clause-by-clause consideration of the Repealing and Amending Bill, 1999 and adoption of the Draft Report thereon; and (ii) Consideration and adoption of draft Report on Cross Border Terrorism and Insurgency in Jammu & Kashmir

17. 29.5.2001 00hr.30 min.

Clause-by-clause consideration of the Indian Divorce (Amendment) Bill, 2000.

18. 11.6.2001 1hr.45 min.

Oral evidence of Secretary, Legislative Department on the Code of Civil Procedure (Amendment) Bill, 2000.

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19. 12.6.2001 1hr.00 min.

Oral evidence of Secretary, Legislative Department on the Registration and Other Related Laws (Amendment) Bill, 2000

20. 13.6.2001 00hr.45 min.

(i) Consideration and adoption of draft Report on the Indian Divorce (Amendment) Bill, 2000; and (ii) Consideration of draft Report on Personnel Policy of CISF and CSS Officers.

21. 25.6.2001 2hr.05 min.

Clause-by-clause consideration of the Freedom of Information Bill, 2000

22. 26.6.2001 1hr.30 min.

Further consideration of the Lotteries (Prohibition) Bill, 2000.

23. 27.6.2001 1hr.40 min.

Evidence of:- (i) Secretary, Department of Urban Development, M/o Urban Development and Poverty Alleviation; and (ii) Chief Secretary, Government of NCT of Delhi on the Registration and Other Related Laws (Amendment) Bill, 2000.

24. 9.7.2001 00hr.45 min.

Clause-by-clause consideration of Registration and Other Related Laws (Amendment) Bill, 2000

25. 10.7.2001 1hr.54 min.

Consideration and adoption of draft Report on Freedom of Information Bill, 2000.

26. 11.7.2001 2hr.43 min.

Oral evidence of:- (i) Shri D.V. Subba Rao, Chairman and Members of Bar Council of India; and (ii) Shri Kapil Sibal, MP (RS), President, Supreme Court Bar Association on the Code of Civil Procedure (Amendment) Bill, 2000.

27. 12.7.2001 1hr.35 min.

Oral evidence of Shri A.B. Rohtagi, Ex-Judge, Delhi High Court on Code of Civil Procedure (Amendment) Bill, 2000.

28. 31.7.2001 00hr.45 min.

Consideration and adoption of draft Report on Registration and Other Related Laws (Amendment) Bill, 2000.

29. 27.8.2001 00hr.30 min.

Review status of Bills/subjects pending consideration of the Committee and chalk out future plan of action.

30. 12.9.2001 00hr.20 min.

(i) Obituary reference to the passing away of Shri Samar Choudhury, MP(LS) and Member of the Committee; (ii) Reference to the September 11, 2001 attacks on New York and Washington, D.C.

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31. 13.9.2001 2hr.24

min. Oral evidence of representatives of Ministry of Home Affairs on North-Eastern Council (Amendment) Bill, 1998 and discussion thereon.

32. 14.9.2001 2hr.01 min.

Oral evidence of Secretary, Department of Company Affairs Ministry of Law, Justice and Company Affairs on Competition Bill, 2001 and discussion thereon.

33. 3.10.2001 00hr.10 min.

Obituary reference to the passing away of: (a) Shri Kotla Vijaya Bhaskara Reddy,

Ex-Member (LS); and (b) Shri Madhavrao Scindia, MP (LS)

34. 4.10.2001 2hr.57 min.

Evidence on North-Eastern Council (Amendment) Bill, 1998 of:- (i) Secretary, North-Eastern Council; (ii) Secretary, Planning Commission;

and (iii) Chief Secretaries, Governments of Mizoram, Tripura, Nagaland, Sikkim and Meghalaya

35. 5.10.2001 5hr.45 min.

Evidence on Competition Bill, 2001 of: (i) Secretary, Department of Consumer

Affairs; (ii) Representatives of PHD Chamber of Commerce and Industry, CII and FICCI.

36. 15.10.2001 2hr.10

min. Presentation of Secretary (Personnel) on Lokpal Bill, 2001 and discussion thereon.

37. 16.10.2001 2hr.30 min.

Evidence on North-Eastern Council (Amendment) Bill, 1998 of:- (i) Chief Secretaries of Governments of Assam and Arunachal pradesh; and (ii) MPs of North-Eastern States.

38. 17.10.2001 1hr.50 min.

Clause-by-clause consideration of Code of Civil Procedure (Amendment) Bill, 2000 and

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discussion thereon.

39. 18.10.2001 3hr.34 min.

Evidence on Competition Bill, 2001 of:- (i) Consumer Coordination Council (CCC); (ii) Voluntary Organisation in Interest of Consumer Education (VOICE); (iii) Consumer Unity and Trust Society (CUTS); (iv) Institute of Chartered Accountants of India (ICAI); (v) Institute of Cost and Works Accountants of India (ICWAI); and (vi) Institute of Company Secretaries of India (ICSI)

40. 19.10.2001 2hr.20 min.

(i) Consideration of Memorandum No.1 of 2001 on Delay in submission of Action Taken Notes by the Ministry of Home Affairs on the recommendations of the Committee as contained in its 59th Report pertaining to the grievances of Direct Recruit Group ‘A’ Officers of CISF; (ii) Consideration of Memorandum No.2 of 2001 on Personnel Policy of Central Secretariat Service; and (iii) Discussion of Lokpal Bill, 2001

41. 30.10.2001 2hr.00 min.

Clause-by-clause consideration of North-Eastern Council (Amendment) Bill, 1998.

42. 31.10.2001 2hr.20

min. Presentation of Secretary, Department of Company Affairs on:- (i) Companies (Amendment) Bill, 2001;

and (ii) Companies (Second Amendment) Bill, 2001 and discussion thereon.

43. 1.11.2001 2hr.10

min. Discussion on Lokpal Bill, 2001.

44. 2.11.2001 00hr.35 min.

Consideration and adoption of draft Reports on:-

(i) Lotteries (Prohibition) Bill, 1999; and

(ii) Code of Civil Procedure

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(Amendment) Bill, 2000.

45. 5.11.2001 4hr.45 min.

Evidence of Competition Bill, 2000 of:- (i) Shri Rahul Bajaj of Bajaj

Auto Ltd.; (ii) Shri Keshub Mahindra of

Mahindra & Mahindra; (iii) ICICI Ltd.; and (iv) IDBI.

46. 6.11.2001 2hr.30 min.

Evidence of Competition Bill, 2000: Representatives of:

(i) Bombay Chamber of Commerce & Industry

(ii) Indian Merchant Chamber; and

(iii) National Stock Exchange of India Ltd.; and

(iv) Securities and Exchange Board of India.

47. 27.11.2001 00hr.20

min. Obituary reference to the passing away of Shri Vishnu Dutt Sharma, MP (LS) and member of the Committee.

48. 4.12.2001 1hr.15 min.

(i) Consideration and adoption of draft Report on North-Eastern Council (Amendment) Bill, 1998; and (ii) Further discussion on Lokpal Bill, 2001.

49. 11.12.2001 2hr.05 min.

(i) Consideration and adoption of draft Report on Personnel Policies of CISF and CSS; and (ii) Clause-by-clause consideration of Lokpal Bill, 2001

50. 19.12.2001 00hr.40 min.

Consideration and adoption of draft Reports on:- (i) Lokpal Bill, 2001; and (ii) Law’s Delays: Arrears in Courts.

______________________ * (i) The meeting scheduled to be held on 23.3.2001 could not take place for want of quorum.

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(ii) The Committee also had an interaction with an eight member delegation of the National Commission for the National Defence and Security of the National Assembly of Vietnam under the leadership of HE Mr. Nguyen Van KHA, Deputy Chairman of the Commission.

Meetings of the sub-Committee on Judicial Reforms during the

year 2001

Time devoted

Sl. No.

Date of Meeting

Hrs.

Mts.

Main Agenda

1. 5.2.2001 5hr.20 min.

Report on Modernisation, Court Management and Alternative Dispute Resolution in Civil Judicial Process prepared by the Study Team constituted by the National Judicial Academy.

2. 5.11.2001 00hr.30 min.

Consideration of preliminary draft report on the Judicial Reforms.

3. 4.12.2001 00hr.30 min.

Consideration and adoption of draft Report on Judicial Reforms

Meetings of the sub-Committee on CPMFs during the year

2001

Time devoted

Sl. No.

Date of Meeting

Hrs. Mts.

Main Agenda

1. 6.2.2001 5hr.20 min.

Presentation of:- (i) Home Secretary;

(ii) Director-General, Assam Rifles;

(iii) Director-General, CISF; (iv) Director-General of BSF;

(v) Director-General of ITBP;

(vi) Director-General of NSG; and

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(vii) Director-General of CRPF.

Meetings of the sub-Committee on Swatantrata Sainik Samman Pension Scheme during the year 2001

Time devoted

Sl. No.

Date of Meeting

Hrs. Mts.

Main Agenda

1 19.12.2001 00hr .35 min.

Consideration of a note on the scheme.

7.10 The Committee, during the year under review presented 19 Reports to Parliament. Details of the Reports are given in the accompanying table:- List of Reports of the Committee presented to Parliament

during the Year 2001.

Dates of Presentation/

Laying

Sl. No.

No. of the Report

Subject

Rajya Sabha

Lok Sabha

1. 67th Action Taken by Government on the Recommendations/observations of the Committee contained in its Fifty-ninth Report on the Demands for Grants (2000-2001) of the Ministry of Home Affairs

18.4.2001 17.4.2001

2. 68th Action Taken by Government on the

18.4.2001 17.4.2001

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Recommendations/observations of the Committee contained in its Sixtieth Report on the Demands for Grants (2000-2001) of the Ministry of Personnel, Public Grievances and Pensions

3. 69th Action Taken by Government on the Recommendations/observations of the Committee contained in its Sixty-first Report on the Demands for Grants (2000-2001) of the Ministry of Law, Justice and Company Affairs

18.4.2001 17.4.2001

4. 70th The Election Laws (Amendment) Bill, 1999

19.4.2001 18 .4.2001

5. 71st The Demands for Grants (2001-2002) of the Ministry of Personnel, Public Grievances and Pensions

19.4.2001

19.4.2001

6. 72nd The Demands for Grants (2001-2002) of the Ministry of Law, Justice and Company Affairs

19.4.2001 19.4.2001

7. 73rd The Demands for Grants

(2001-2002) of the Ministry of Home Affairs

19.4.2001 19.4.2001

8. 74th The Constitution (Ninety-firstAmendment) Bill, 2000

26.4.2001 26.4.2001

9. 75th Cross-Border Terrorism andInsurgency in Jammu andKashmir

25.7.2001 25.7.2001

10. 76th The Repealing and AmendingBill, 1999

25.7.2001 25.7.2001

11. 77th The Indian Divorce(Amendment) Bill, 1999

25.7.2001 25.7.2001

12. 78th The Freedom of InformationBill, 2000

25.7.2001 25.7.2001

13. 79th The Registration and OtherRelated Laws (Amendment)Bill, 2000

7.8.2001 7.8.2001

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14. 80th The Code of Civil Procedure(Amendment) Bill, 2000

20.11.2001 20.11.2001

15. 81st Lotteries (Prohibition) Bill,1999

18.12.2001 12.12.2001

16. 82nd North-Eastern Council(Amendment) Bill, 1998

18.12.2001 12.12.2001

17.

83rd

Personnel Policies of CentralIndustrial Security Force andCentral Secretariat Service

19.12.2001 19.12.2001

18

84th

The Lokpal Bill, 2000

Presented to Hon’ble Chairman, Rajya Sabha on 31 December 2001 and forwarded to Hon’ble Speaker, Lok Sabha and Minister of Parliamentary Affairs on the same day.

19. 85th Law’s Delays: Arrears inCourts

-do-

7.11 Goals & Objectives: The broad objectives of Department-related Parliamentary Standing Committees have been spelt out in Rule 270 of Rajya Sabha Rules. The Committee on Home Affairs had the following specific goals to be achieved:

(i) Consideration of Demands for Grants (2001-2002) of related Ministries/Departments and report thereon;

(ii) Consideration of ATNs received from the related Ministries/Departments on the Reports on their Demands for Grants (2000-2001) and report thereon;

(iii) Consideration of ATNs received from the related Ministries/Departments on the Reports on their Demands for Grants (2001-2002) and report thereon;

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(iv) Examination of 14 Bills and report thereon (5 Bills carried forward from the predecessor Committee and 9 Bills referred to it in 2001); and

(v) Detailed examination of six subjects chosen from Annual Reports of related Ministries/Departments and arising out of scrutiny of Demands of related Ministries/Departments 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 (2001-2002) of the related Ministries/Departments and presented three Reports thereon to the Parliament during the Budget Session of 2001.

Comments of Secretariat on each item of Action Taken Notes of

the concerned Ministries/Departments on the observations/recommendations of the Committee as contained in its Reports (Fifty-ninth, Sixtieth and Sixty-first) on the Demands for Grants (2000-2001) prepared by the Secretariat were considered by the Committee and Reports (Sixty-seventh, Sixty-eighth and Sixty-ninth) thereon were presented to Rajya Sabha on 18 April 2001 and laid in Lok Sabha on 17 April 2001.

Action Taken Notes of the concerned Ministries/Departments on

the observations/recommendations of the Committee as contained in its Reports on the Demands for Grants (2001-2002) with comments of Secretariat would be considered by the new Committee after its constitution.

As regards the examination of Bills referred to the Committee, it

may be stated that out of the five Bills carried forward from the predecessor Committee and nine new Bills referred to it during its tenure, the Committee presented its Reports on ten Bills to both the Houses of Parliament during its tenure. The reports on the remaining four Bills were at different stages of their examination by the Committee at the end of its term. To further elaborate, it may be stated that of the pending four Bills, three of the Bills, namely, the Competition Bill, 2001, the Companies (Amendment) Bill, 2001 and the Companies (Second Amendment) Bill, 2001remained inconclusively discussed due to paucity of time, while the remaining one Bill, namely, the Representation of the People (Amendment) Bill,

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2001was referred to it in the fag end of its tenure and, therefore, could not be taken up for consideration.

In relation to Sl. No. (iv) supra, it may be stated that the Committee reconstituted three sub-Committees which were constituted by the predecessor Committee in 1998. The reconstituted sub-Committees held preliminary discussions on their respective subjects and identified the areas which required in-depth study. The sub-Committee on Judicial Reforms identified for detailed study ‘Law’s Delays: Arrears in Courts’ and presented a Report to the main Committee which presented its Report (Eighty-fifth) to Hon’ble Chairman, Rajya Sabha on 31 December 2001. The sub-Committee on Swatantrata Sainik Samman Pension Scheme discussed the subject and submitted its views to the Chairman of the Committee. The other sub-Committee on Personnel Policy of CPMFs , however, could not complete its work due to pre-occupation of its Convener with work of Joint Parliamentary Committee on Stock Market Scam as he was the Chairman of the latter.

The Committee completed its detailed study on two subjects,

namely, Cross Border Terrorism and Insurgency in Jammu and Kashmir and Personnel Policies of Central Industrial Security Force and Central Secretariat Service and presented Reports thereon (Seventy-fifth and Eighty-third) to Parliament on 25 July 2001 and 19 December 2001, respectively. 7.12 Status of Items under examination of the Committee: The status of items under examination of the Committee on Home Affairs as on 31.12.2001 is given below in tabular form: -

Status of Items of work under examination of the

Committee

No. Bills/Subjects Status

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1.

The Competition Bill, 2001

The Bill was referred to the Committee on 20 August 2001 for examination and report. Press Release was published in the Newspapers on 10.9.2001inviting suggestions/comments from individuals and organisations interested in the subject matter of the Bill. In pursuance thereto a large number of Memoranda had been received from different quarters. The Committee heard the Secretary, Department of Company Affairs on the various provisions of the Bill, on 14 September 2001 and the Secretary, Department of Consumer Affairs on 5 October 2001. The Committee also heard the views of representatives of PHD Chamber of Commerce & Industry, CII, and FICCI on 5 October 2001, and NGOs, viz. Consumer Co-ordination Council, Voluntary Organisation in the Interest of Consumer Education (VOICE), Consumer Unity and Trust Society (CUTS) and professional bodies namely, Institute of Chartered Accountants of India (ICAI); Institute of Cost and Works Accountants (ICWAI); and Institute of Company Secretaries of India (ICSI), on 18 October, 2001. The Committee visited Mumbai from 4 to 7 November 2001 to have firsthand views of the major industrial houses; Mumbai-based Chambers of Commerce and financial institutions on the Bill. The Committee then decided to give an opportunity to Dr. S. Chakravarthy, Consultant in the Department of Company Affairs to make a presentation before it on behalf of the Department and to

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respond/comment/clarify on the various suggestions/issues made/raised by the individuals/organisations on the Bill.

2.

The Companies (Amendment) Bill, 2001

The Bill was referred to the Committee on 7September 2001 for examination and report. Press Release was published in the Newspapers on 24.9.01 inviting suggestions/comments from individuals and organisations interested in the subject matter of the Bill. In response thereto a large number of memoranda had been received from various quarters. The Committee heard the Secretary, Department of Company Affairs on the various provisions of the Bill on 31 October 2001. The re-constituted Committee to decide about hearing the Organisations/Associations/Individuals connected with the subject matter of the Bill.

3. The The Bill was referred to the Committee on

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Companies (Second Amendment) Bill, 2001

7September 2001 for consideration and report. Press Release was published in the Newspapers on 24.9.01 inviting suggestions/comments from individuals and organisations interested in the subject matter of the Bill. In response thereto a large number of memoranda had been received from various quarters. The Committee heard the Secretary, Department of Company Affairs on the various provisions of the Bill on 31 October 2001. The re-constituted Committee to decide about hearing the Organisations/Associations/Individuals connected with the subject matter of the Bill.

4. The Representation of the People (Amendment) Bill, 2001

The Bill was referred to the Committee on 9 December 2001 for consideration and report. Press Release was published in the Newspapers on 6.1.02 inviting suggestions/comments from individuals and organisations interested in the subject matter of the Bill. In response thereto memoranda had started coming in. The re-constituted Committee to hear the Secretary, Legislative Department, (Ministry of Law, Justice and Company Affairs) on the various provisions of the Bill and decide further course of action.

7.13 Status of Computerisation*: The Section is fully computerised. The Section has been making its optimum use and found it very useful. 7.14 Inspection of the Section: Inspection of the Section has not been carried out during the term under review.

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7.15 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. Sr. Committee Assistants Parliamentary Office Procedure 2. Sr. Clerks Records Management 7.16 Budget: The details of allocation of Budget & Expenditure is as under:

i) Budgetary Allocation: a) Rs.1,00,000-Lunch/Dinner/Refreshment etc.

b) Rs. 500-Binding work. ii) Expenditure: a) Rs. 1,84,979-Lunch/Dinner/Refreshment etc. b) Rs. 185-Binding work.

__________________________________ *See Administrative Report (2000), para 7.13, page 97.

· Rajya Sabha Parliamentary Bulletin (Part II) No. 38594 dated 1 January 2001. *See Administrative Report (2000), para 7.5, page 89. *See Administrative Report (2000), paras 7.6 & 7.8, page 90. ©Rajya Sabha Parliamentary Bulletin (Part-II) No.386051 dated 11 January 2001.

**The Report was adopted by the main Committee on 19 December 2001 and presented to Hon’ble Chairman, Rajya Sabha and a copy forwarded each to Hon’ble Speaker, Lok Sabha and Minister of Parliamentary Affairs on 31 December 2001. The same would be presented to both the Houses of Parliament in the first leg of Budget Session 2002.