RAJYA SABHA COMMITTEES 2010 · 2012. 9. 6. · RAJYA SABHA COMMITTEES – A PROFILE (2010)...

RAJYA SABHA COMMITTEES – A PROFILE

(2010) (Standing Committees and Department-related Parliamentary Standing Committees)

SUMMARY OF WORK DONE

RAJYA SABHA SECRETARIAT NEW DELHI

June, 2011/Jyaistha, 1933 (Saka)

RAJYA SABHA COMMITTEES – A PROFILE

(2010)

(Standing Committees and Department-related Parliamentary Standing Committees)

SUMMARY OF WORK DONE

(1st January to 31st December, 2010)

RAJYA SABHA SECRETARIAT

NEW DELHI

June, 2011/Jyaistha, 1933 (Saka)

PREFACE

This publication attempts to present, in a concise form, information about the activities of five Standing Committees as well as eight Department-related Parliamentary Standing Committees being administered by the Rajya Sabha Secretariat, for the period from 1 January to 31 December, 2010.

2. For the sake of better understanding, the material has been divided into thirteen chapters dealing with one Committee at a time. Each chapter gives information regarding composition of the Committee, subjects selected for examination, review of work done, Reports presented, etc.

3. After every chapter, Annexures containing details of the sittings of Committees and Sub-Committees, etc. have been appended.

NEW DELHI; V.K.AGNIHOTRI, June, 2011 Secretary-General.

Committee Co-ordination Section

Price: Rs. 150.00

Website:http://www.rajyasabha.nic.in E-mail : [email protected]

CONTENTS

Chapter No. Name of the Committees Page Nos.

Chapter I Committee on Subordinate Legislation 1-15

Chapter II Committee on Petitions 16-22

Chapter III Committee on Government Assurances 23-40

Chapter IV Committee on Papers Laid on the Table 41-54

Chapter V Committee on Ethics 55-57

Chapter VI Committee on Commerce 58-71

Chapter VII Committee on Health and Family Welfare 72-157

Chapter VIII Committee on Home Affairs 158-173

Chapter IX Committee on Human Resource Development 174-236

Chapter X Committee on Industry 237-257

Chapter XI Committee on Personnel, Public Grievances, Law and Justice 258-286

Chapter XII Committee on Science and Technology, Environment and Forests 287-305

Chapter XIII Committee on Transport, Tourism and Culture 306-329

CHAPTER-I COMMITTEE ON SUBORDINATE LEGISLATION

I. Composition of the Committee

1.1 The Committee was constituted on 24th September, 2009. The following was the composition of the Committee:

COMMITTEE ON SUBORDINATE LEGISLATION (Constituted on the 24th September, 2009)*

1. Dr. (Shrimati) Najma A. Heptulla -Chairperson 2. Shri Motilal Vora 3. Shri Ishwar Singh 4. Shri Rajeev Shukla 5. Dr. Radhakant Nayak 6. Shri Balavant alias Bal Apte 7. Shrimati Maya Singh 8. Dr.Akhilesh Das Gupta 9. Dr.V.Maitreyan 10. #Shri Ali Anwar Ansari 11. Shri Syed Azeez Pasha 12 Shri Bharatkumar Raut 13. Shri M.V. Mysura Reddy 14. Shri Biswajit Daimary 15. Shri Kumar Deepak Das 1.2 The Committee was re-constituted on 29th September, 2010. The following was the composition of the Committee:

COMMITTEE ON SUBORDINATE LEGISLATION

(Re-constituted on the 29th September, 2010)

1. Shri Kalraj Mishra - Chairman 2. Shri Jesudasu Seelam 3. Ms.Sushila Tiriya 4. Shri Vijay Jawaharlal Darda 5. Shri P.Kannan 6. Shrimati Maya Singh 7. Shri Prakash Javadekar 8. Shri Narendra Kashyap 9. Shri Ali Anwar Ansari 10. Dr.K.P.Ramalingam 11. Dr.Janardhan Waghmare 12 Shri Syed Azeez Pasha 13. Shri Bharatkumar Raut 14. Shri M.V. Mysura Reddy 15. Shri Ahmad Saeed Malihabadi

*Same Committee continued till 28th September, 2010 #Nominated to the Committee in place of Shri Shivanand Tiwari w.e.f. 27th November, 2009

II. Subjects selected for examination

1.3 The Committee had identified the following subjects for detailed examination:-

Sl.No. Ministry/Department Subject Date of Identification 1 2 3 4 1. Ministry of Communications and

Information Technology (Department of Telecommunications)

The Telecommunication Mobile Number Portability Regulations, 2009.

18.03.2010

2. Ministry of Communications and Information Technology (Department of Information Technology)

(i) The Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009 (ii) The Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 (iii) The Information Technology (Procedure and Safeguards for Monitoring and Collecting Traffic Data or Information) Rules, 2009

18.03.2010

18.03.2010

18.03.2010

3. Ministry of Commerce & Industry (Department of Commerce)

The Special Economic Zone Authority Rules, 2009

18.03.2010

4. Ministry of Finance (Department of Economic Affairs)

The Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009

18.03.2010

5. Ministry of Finance (Department of Financial Services)

The Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, 2009

18.03.2010

6. Ministry of Finance (Department of Revenue)

The Income-tax (Dispute Resolution Panel) Rules, 2009

18.03.2010

7. Ministry of Home Affairs The Sashastra Seema Bal Rules, 2009

18.03.2010

8.

Ministry of Human Resource Development (Department of Higher Education)

i) The UGC Regulations on Curbing the Menace of Ragging in Higher Educational Institutions, 2009 ii) The National Council for Teacher Education (Recognition Norms & Procedure) Regulations. 2009.

18.03.2010

15.09.2010

9. Ministry of Labour & Employment

The Unorganized Workers Social Security Rules, 2009

18.03.2010

1 2 3 4 10. Ministry of Petroleum and Natural

Gas i) The Petroleum and Natural Gas Regulatory Board (Guiding Principles for Declaring or Authorizing Nautral Gas Pipeline as Common Carrier or Contract Carrier) Regulations, 2009.

18.03.2010

ii) The Petroleum and Natural Gas Regulatory Board (Procedure for Development of Technical Standards and Specifications including Safety Standards) Regulations, 2009. iii) The Petroleum and Natural Gas Regulatory Board (Technical Standards and Specifications including Safety Standards for Natural Gas Pipelines) Regulations, 2009. iv) The Petroleum and Natural Gas Regulatory Board (Codes of Practices for Emergency Response and Disaster Management Plan (ERDMP) Regulations, 2010.

18.03.2010 18.03.2010 15.09.2010

11

Ministry of Power

i) The Central Electricity Regulatory Commission (Grant of Connectivity, Long-term Access and Medium-term Open Access in inter-State Transmission and Related Matters) Regulations, 2009. ii) The Central Electricity Regulatory Commission (Fee and Charges of Regional Load Dispatch Centre and other related matters) Regulations, 2009. iii) The Joint Electricity Regulatory Commission (Conduct of Business) Regulations, 2009. iv) The Joint Electricity Regulatory Commission for the State of Goa and Union Territories (Recruitment, Control and Service Conditions of Officers and Staff) Regulations, 2009. v) The Joint Electricity Regulatory Commission (Establishment of Forum for Redressal of Grievances of Consumers) Regulations, 2009 vi) The Central Electricity Regulatory Commission (Furnishing of Technical Details by the Generating Companies) Regulations, 2009

18.03.2010 18.03.2010 18.03.2010 18.03.2010 18.03.2010 15.09.2010

1 2 3 4 vii) The Central Electricity Regulatory

Commission (Measures to relieve congestion in real time operation) Regulations, 2009 viii) The Central Electricity Regulatory Commission (Fixation of Trading Margin) Regulations, 2010 ix) The Central Electricity Regulatory Commission (Terms and Conditions for

15.09.2010 15.09.2010 15.09.2010

Recognition and Issurance of Renewable Energy Certificate for Renewable Energy Generation) Regulations, 2010 x) The Central Electricity Regulatory Commission (Power Market) Regulations, 2010 xi) The Joint Electricity Regulatory Commission for the State of Goa and Union Territories (Treatment of Other Businesses of Transmission Licenses and Distribution Licenses) Regulations, 2009. xii) The Joint Electricity Regulatory Commission (Standards of Performance) Regulations, 2009. xiii) The Joint Electricity Regulatory Commission (State Advisory Committee) Regulations, 2009. xiv) The Joint Electricity Regulatory Commission (Appointment of Consultants) Regulations, 2009. xv) The Joint Electricity Regulatory Commission for the State of Goa and Union Territories (Open Access in Transmission and Distribution) Regulations, 2009 xvi) The Joint Electricity Regulatory Commission for the State of Goa and Union Territories (Terms and Conditions for Determination of Tariff) Regulations, 2009

15.09.2010 15.09.2010 15.09.2010 15.09.2010 15.09.2010 15.09.2010 15.09.2010

1 2 3 4

12.

Ministry of Shipping

i) The Merchant Shipping (Prevention of Pollution by Sewage from Ships) Rules, 2010 ii) The Merchant Shipping (Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form) Rules, 2010 iii) The Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Rules, 2010

15.09.2010 15.09.2010 15.09.2010

III. Review of work done (a) Sittings of the Committee

1.4 During the year, the Committee held 8 sittings for 11 hours and 10 minutes. A statement showing the dates of sittings of the Committee held during the period under review, the duration of the sittings and the subjects discussed is given in Annexure-I.

(b) Study Visits

1.5 The Committee undertook two study visits during the year to make on the spot study of the subjects under its examination as per the details given below:-

Sl. No.

Dates Places visited Rules / Regulations Considered

1 2 3 4

1. 23rd-30th May, 2010 Mumbai, Udhagamandalam and Bengaluru

1. Acquisition of State Bank of Saurastra Order, 2008 2. Reverse Mortgage Scheme, 2008 and other social schemes being operated by Banks. 3. Petroleum and Natural Gas (Safety in Offshore Operations) Rules, 2008 4. Petroleum Rules, 2002. 5. Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009. 6. Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, 2009 7. Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 8. Mumbai Port Trust (Transport, Handling and Storage of Dangerous Goods) Regulations, 2007 9. Pharmacy Council of India Education Regulations, 1991

10. Airport Authority of India (General Management, Entry for Ground Handling Services) Regulations, 2007 11. Bio-diversity Rules, 2004 12. Forest Conservation Rules, 2003

1 2 3 4

2. 17th-22nd December, 2010 Hyderabad and Chennai 1. Regional Rural Banks (Appointment and Promotion of Officers and Employees) Service Rules, 2010 and priority sector lending schemes with special reference to micro credit to farmers and situation after the Agriculture Debt Waiver and Debt Relief Scheme, 2008 2. Mineral Conservation and Development Rules, 1988 and subsequent amendments and on rules/regulations framed by the State Government under the Unorganized Workers’ Social Security Act, 2008. 3. Opening of a New or Higher Course or Training (including Post-graduate Course of Study or Training) and Increase of Admission Capacity in any Course of Study or Training (including a Postgraduate Course or Study or Training) Regulations, 2000 4. Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Study or Training and Increase of Admission Capacity in Dental Colleges Regulations, 2006 5. Insurance Surveyors and Loss Assessors (Licensing, Professional Requirements and Code of Conduct) Regulations, 2000 6. IRDA (Insurance Brokers) Regulations, 2002 7. Central Electricity Regulatory Commission (Grant

of Connectivity, Long-term Access and Medium-term Open Access in inter-State Transmission and Related Matters) Regulations, 2009 8. Special Economic Zone Rules, 2006 9. Cigarettes and Other Tobacco Products (Packaging and Labeling) Rules, 2006 10. Airports Authority of India (Management of Airports) Regulations, 2003 11. Motor Spirit and High Speed Diesel (Regulation) of Supply and Distribution and Prevention of Malpractices) Order, 2005 12. Merchant Shipping (Civil Liability for Oil Pollution Damage) Rules, 2008 13. Handling of Cargo in Customs Areas Regulations, 2009 14. Building and Other Construction Workers (Regulation of Employment and Condition of Service) Central Rules, 1998 15. Petroleum and Natural Gas Regulatory Board (Authorizing entities to lay, build, operate or expand city or local natural gas distribution networks) Regulations, 2008

1.6 In addition, the Committee also undertook local visits inside Delhi on subjects under its examination as given below:

Sl. No.

Dates Rules / Regulations Considered

1 2 3 1. 16.02.2010 Airports Authority of India (Management of Airports) Regulations, 2003

IV. Reports Presented 1.7 During 2010, the Committee presented following Reports to the House:- Sl. No

Report No. and Date of Presentation

Subject

1 2 3 1. 187th

(26.04.2010) Statutory Orders Laid on the Table of the Rajya Sabha during its 218th Session.

2. 188th

(26.04.2010) i)The State Emblem of India (Regulation of Use) Rules, 2007

ii) The Public Liability Insurance Rules, 1991

3. 189th

(25.11.2010)

Statutory Orders Laid on the Table of the Rajya Sabha during its 219th Session

1.8 Minutes of the sittings of the Committee on Subordinate Legislation relating to various Reports presented to the House were prepared and presented to the House along with the relevant reports.

V. Summary of Recommendations (a) 187th Report

Statutory Orders Laid on the Table of the Rajya Sabha during its 218th Session.

1.9 The Committee examined the notifications containing Subordinate Legislation that were laid before the Rajya Sabha during the 214th Session in the light of its recommendations as contained in its 131st, 135th and 152nd Reports regarding timely and proper laying of Notifications and reiterated this stand.

(b) 188th Report State Emblem of India (Regulation of Use) Rules, 2007

1.10 The Committee considered the replies of the Ministry of Home Affairs to the points forwarded to them. The Committee noted with satisfaction that the Ministry in pursuance to its suggestions have agreed to take action as follows:

(i) In Rule 10 (4), to state that no professional qualification or private profession shall be mentioned with the person’s name where State Emblem is also embossed or printed on a stationery item.

(ii) In Explanation to Schedule-I, stating that for the purpose of this Schedule, the expression ‘officer’ shall mean a gazetted officer. In the existing rules, ‘officer’ is defined as a gazetted officer of the Central Government or the State Government/ Union Territory Administration only.

(iii) In Explanation to Schedule III, to state that for the purpose of this Schedule, the ‘Government’ includes the Central Government, State Government, Union territory Administration and other offices mentioned in Schedule I.

1.11 The Committee was hopeful that the Ministry would carry out the above amendments, expeditiously, under intimation to it. However, the Committee was not satisfied with the explanation furnished by the Ministry for excluding the spare car of the Hon’ble Vice President in the list in Schedule II. The Committee therefore, strongly recommended, that in view of his constitutional privilege that he enjoys, the Rules be suitably amended to allow the use of the State Emblem in the spare car of the Hon’ble Vice President. The Public Liability Insurance Rules, 1991 1.12 Considering the tardy implementation of the Rules and having analysed the relevant inputs and interactions with the Union Ministry of Environment & Forests and the representatives of the select State Governments, the Committee observed the following: 1.13 The Committee noted that under the existing rules, for the purpose of making a claim, birth certificate is required as proof of age. Since a birth certificate is not available with everyone, the Committee suggested that alternative proof pertaining to age such as certificate regarding age from the local village administrative officer, revenue inspector or from a notary public must be accepted for the purpose. 1.14 The Committee suggested that proper maintenance of public grievances that are formally received in a year and how many of them are being processed and redressed should be maintained by the State Governments and their status must be evaluated regularly till final disposal. 1.15 The Committee recommended that effective steps must be taken for the scheme for administering the Environmental Relief Fund as envisaged under Section 7A(3) of the Act and should be notified for necessary actions. 1.16 The Committee recommended that as envisaged in Section 21 of the Act which empowered the Central Government to constitute an Advisory Committee on matters relating to insurance and which would draft rules and procedure for conduct of its business which would need to be notified must function swiftly and monitor efficiently. 1.17 The Committee noted that the quantity limits prescribed under the Act in respect of the various hazardous substances need to be scraped for adequate coverage of the various units and as well as the transporters. Some of the industries take the plea that the threshold quantities are not exceeding and therefore they do not take the policy. The Committee recommended that the threshold limit with regard to quantities of hazardous substances as prescribed at present must be reevaluated and a competent Authority must be entrusted with the powers to keep a check on the evasion from taking insurance policies by some industries by formulating an effective mechanism. 1.18 The Committee recommended that necessary action must be taken on a priority basis so that the Environment Relief Fund created for the purpose of payment of compensation beyond the insured amount can be handled in an efficient manner.

1.19 The Committee suggested that the Motor Vehicles Act must be made very strong with regard to control the movement of hazardous substances as there is a tremendous amount of risk in these movements and provisions should be exhaustive in nature so as not leaving a scope for the State Government for leniency in the matter. 1.20 The Committee noted that relief is given to the individual only but, there is damage to the environment also when accident takes place. There was no provision in the Act/Rules which look after the remedial aspect of the damage caused to the property/land by continuous handling of hazardous substance. The legislation is silent about this and as such steps should be taken so that the insurance cover extents to such damage to environment as well and suggests that there is a urgent need to bring a comprehensive Act to cover the remedial aspect of hazardous substance. 1.21 The Committee recommended that the list of chemicals covered under the Act needs to be expanded and the list should form part of the Act. 1.22 The Committee suggested that the existing period for submission of an application for relief is too long for the Collectors to wait and steps must be taken to fix a more appropriate time period for effective implementation of the Rules, separately for hazardous chemicals having immediate effect and chemicals possessing eco-toxic effects which is felt over a longer period of time. Once the claim had been made, there should be time limit, say one year, for awarding the relief. 1.23 The Committee suggested that the methodology for arriving at short term and long term damage to public health, property and environment and the methods of ascribing these impacts to the incident should be clearly enunciated and funds for such studies might be allocated from the proposed Environmental Relief Fund, alternatively, the entire cost may be borne by the industry. 1.24 The Committee observed that generally industries are reluctant to take policy because of financial constraint and that at times they did not also review the policy. The Committee desired that there had to be strict monitoring of Pollution Control Board on such industries. 1.25 The Committee suggested that the provision of Public Liability Insurance Act/Rules may be extended to Hazardous Wastes (Management and Handling) Rules, 1989. 1.26 The Committee suggested that necessary amendments should be made to the Public Liability Insurance Act to give more responsibilities to Factory Inspectorate as that authority is more conversant on the aspects of safety accident and hazardous management concern with handling hazardous chemicals and factories inspectorate may also be given responsibility for offsite emergency plans for storage and warehouses. 1.27 The Committee recommended that training programmes should be conducted on Hazardous Waste Management, Hazardous Chemicals Management and on Public Liability Insurance for various industries, industrial associations and NGOs. 1.28 The Committee further suggested that steps must be taken to ensure that the tanneries are implementing the cleaner technology options suggested by UNIDO to bring down the level of Total Dissolved Solids in the effluents (c) 189th Report Statutory Orders Laid on the Table of the Rajya Sabha during its 219th Session

1.29 The Committee was not happy at the casual manner in which the Ministries treated the recommendations of the Committee with regard to the delay in the laying of the Notifications despite the Committee’s reiteration in all its reports. The Committee was unable to accept the reasons given by the Ministries on the reasons for the delay in laying such as late receiving of printed copies of Notifications from the Government Press, administrative reasons, time taken to complete procedural formalities, etc. The Committee also took serious note of the fact that, in most cases, the Ministries failed to append delay statement explaining the reasons for the delay. Therefore, the Committee reiterated, time and again, that the Ministries should take proactive measures so as to avoid any delay, whatsoever, in the laying of the Notifications and that the Committee was unable to accept the flimsy grounds given by the Ministries regarding the reasons for delay.

1.30 The Committee examined the notifications containing Subordinate Legislation that were laid before the Rajya Sabha during the 215th and 216th Sessions in the light of its recommendations as contained in its 131st, 135th and 152nd Reports regarding timely and proper laying of Notifications and reiterated this stand.

VI. Secretariat 1. 31 The Committee Section (Subordinate Legislation) headed by two Assistant Directors constitutes the Secretariat of the Committee. A Joint Secretary, a Joint Director and a Deputy Director remained in charge of the Branch. 1.32 To assist the Committee in its work, the statutory orders laid on the Table of the Rajya Sabha, Bills passed by the Parliament, representations / references received from individuals / Ministries and the material received from the Ministries /

Departments /Various non-official organizations and individuals were studied from which points were culled out and questionnaires for written replies /evidence were prepared for the use of the Committee.

1.33 The Secretariat collected material for on-the-spot studies and prepared study tour notes. 1.34 The work relating to drafting of Reports of the Committee and their considerations and approval along with their presentation, laying, printing and distribution was undertaken. The Secretariat also dealt with the work relating to the scrutiny of action taken notes received from the Ministries concerned on the recommendations contained in the Reports of the Committee and preparation of Draft Reports of the Committee on the Action Taken Reports. VII. Select Committee on Prevention of Torture Bill, 2010 1.35 The Committee was entrusted the responsibility to provide secretarial assistance to the Select Committee of Rajya Sabha that was constituted on the 31st August, 2010 to examine and report on the Prevention of Torture Bill, 2010.

SELECT COMMITTEE ON THE PREVENTION OF TORTURE BILL, 2010

(Constituted on the 31st August, 2010)

1. Shri Ashwani Kumar - Chairman 2. Dr. E.M.Sudarsana Natchiappan 3. Shri Shantaram Laxman Naik 4. Dr.Vijaylaxmi Sadho 5. Dr.Janardhan Waghmare 6. Shri S.S. Ahluwalia 7. Shri Kalraj Mishra 8. Shrimati Maya Singh 9. Shri Naresh Gujral 10. Shrimati Brinda Karat 11. Shri Satish Chandra Mishra 12. Shri Ahmad Saeed Malihabadi 13. Dr.Ashok S.Ganguly (i) Sittings of the Committee 1.36 The Committee held 9 sittings for 14 hours and 30 minutes. A statement showing the dates of sittings of the Committee, the duration of the sittings and the subjects discussed is given in Annexure-II.

(ii) Local visit 1.37 The Committee undertook one local visit to Tihar Jail on the 18th November, 2010 and interacted with the jail authorities as well as the inmates. The Committee was made aware of the facilities being made available by the jail authorities as well as efforts made to rehabilitate and integrate them into the mainstream. (iii) Report presentation 1.38 The Committee presented its report on the subject to the Rajya Sabha on the 7th December, 2010. (iv) Summary of Recommendations Clause 2: Definitions 1.39 The Committee felt that the words “in this Act” in sub-clause (b) of clause 2 is an unnecessary repetition and, therefore, recommended that sub-clause (b) of clause 2 may be modified accordingly.

Clause 3: Torture

1.40 The Committee was of the opinion that if the intent of the legislation was to give effect to the United Nation’s Convention against Torture and Other Cruel or Degrading Treatment or Punishment, the said Clause needed to be suitably amended. The Committee recommended that the definition of Torture be suitably enlarged so as not to exclude from the ambit of definition, acts generally known to be committed on persons in custody which cause severe physical and mental injury, pain, trauma, agony etc. The Committee was further of the view that it should also be enlarged to include specific and serious offences against the

human body as enumerated in the Indian Penal Code. The Committee also decided to specifically mention some of the obvious acts of torture by way of illustrations in the Bill itself. 1.41 The Committee felt that the definition of Public Servant should not be restricted to that provided under section 21 of the Indian Penal Code but should be enlarged to include Government companies or any institution or organization including educational institutions under the control of the Union and State Governments.

Clause 4: Punishment for torture 1.42 To make the Bill more stringent, the Committee recommended a minimum punishment of three years for committing acts of torture. Similarly, in the case of fine, the minimum amount of one lakh rupees payable by the torturer is proposed. The Committee felt that the Bill should indicate guidelines to be followed for arriving at a fair and adequate compensation to the victim and in case of death, to his dependants.

Clause 5: Cognizance of offences 1.43 The Committee was of the view that if the limitation period for taking cognizance of offence was made too liberal, transfer or superannuation of the concerned public servant may hamper investigations as well as eventual punishment for the offence. The Committee therefore recommended that a liberal limitation period of two years from the date on which the alleged offence was committed for filing of the complaint. It would give sufficient time to enable the victim of torture to initiate proceedings against the persons responsible for torture. In order to meet exceptional situations, the Committee further considered it necessary to vest the discretion with the Court to entertain complaints even beyond the period of two years so as to advance the ends of substantive justice.

1.44 The Committee was aware that indigent and disadvantaged victims face problems in even getting their complaints registered by the police and feels the need to specifically provide in the Bill for registration of the complaints according to law and if the victim is disabled for reasons of health, financial incapacity or otherwise, he may file a complaint through a duly authorized representative or friend. The Committee was also concerned at the machinery to be involved for investigating cases of torture so as not to allow the accused to interfere with the course of investigation. The need for an impartial, time-bound and accountable investigation was recognized by the Committee. Clause 6: Previous sanction necessary for prosecution 1.45 The Committee felt the need to retain the provision for prior sanction of competent authority before proceeding against the public servant concerned so as to insulate honest public servants from false, frivolous, vexatious and malicious prosecution. At the same time, the Committee felt that such a provision should not be used to shield those officials who have, in fact, intentionally tortured or abetted the torture of individuals. Thus, the Committee felt that relevant provisions needed to be suitably amended so as to provide adequate safeguards for honest and upright officials, while at the same time ensuring that the sanction provision was not used to deny the victims of torture their right to justice through speedy trial. The Committee, therefore, recommended that the Bill be amended as proposed. 1.46 The Committee further decided to recommend a “Deemed” provision in the Bill under which if the requested sanction is not granted within a period of three months from the date of application, it would be deemed to have been granted. This would help ensure that the right of the victim is not lost due to procedural delays and he is not made to run from pillar to post to get justice. The Committee was of the opinion that the phrase ‘during the course of his employment’, is not in keeping with the intent of the Bill and needed to be made more specific to allow the courts to interpret it with the legislative intent. The Committee therefore recommended that it may be replaced with ‘while acting or purporting to act in discharge of his official duties’.

1.47 The Committee recommended that every offence under this Bill be tried as expeditiously as possible so as to conclude the trial within a period of one year from the date of cognizance of the offence. The Committee also noted that the fact that torture is committed on the command and instruction of a superior officer or is committed during a state of war, threat of war, or during a proclamation of emergency being in operation should not be a defence against prosecution for torture. The Committee, therefore, recommended that suitable provisions to this effect may be added in the Bill. 1.48 It is not uncommon that the victims, the complainants and witnesses face intimidation and threats from accused persons. Hence, to ensure protection of the victim, complainants and witnesses the Committee recommended that adequate provisions for the protection of the victims, complainants and witnesses may be incorporated in the Bill. Further, the Committee also stressed the need for compulsory medical examination of the victim at the time of being lodged in jail and a report of such examination should be transmitted to the concerned trial court.

1.49 The Committee further recommended that for the removal of all doubts the Bill should specifically state that it shall be in addition to and not in derogation of any other law for the time being in force and that in the event of inconsistency with any other law, its provisions shall prevail. The Committee was aware that the rules to effectuate the provisions and objectives provided for in the Bill would need to be framed by the appropriate Government and ensured that such rules are laid before Parliament for their scrutiny. The Committee, therefore, recommended that provisions to this effect be incorporated in the Bill accordingly.

Clause 1: Enacting Formula and the Title 1.50 In view of the urgency and importance of the proposed Bill, the Committee recommended that the period of notification be specified in the Bill itself. The Committee, therefore, recommended that sub-clause (3) of clause 2 should be modified to include “or on the hundred and twentieth day of its enactment, whichever is earlier.”

ANNEXURE I (See Para 1.4)

Details of the sittings of the Committee on Subordinate Legislation during the year 2010 Sl. No.

Date of meeting

Duration Hrs-Mts.

Subject

1 2 3 4

1. 08.01. 2010 2.00 1. Oral evidence of representatives of the Ministry of Finance (Department of Economic Affairs) on the Fiscal Responsibility and Budget Management Rules, 2004; 2. Oral evidence of representatives of the Ministry of Health & Family Welfare on the Prohibition of Sale of Cigarettes and Other Tobacco Products around Educational Institutions Rules, 2004 and the Cigarettes and Other Tobacco Products (Packaging and Labeling) Rules, 2008.

2. 28.01.2010

0.45 1. Consideration of memoranda on the following subjects; (i) The Protection of Plant Varieties and Farmers’ Rights Rules, 2003 (ii) The Plant Quarantine (Regulation of Import into India) Order, 2003 (iii) The Consumer Protection Regulations, 2005 (iv) The Protection of Women from Domestic Violence Rules, 2006 (v) The UGC (Admission to Specified Professional Programmes) Interim Regulations, 2003 2. Oral evidence of representatives of the Ministry of Finance (Department of Financial Services), Reserve Bank of India and Syndicate Bank on priority sector lending particularly in relation to educational loans and micro credit.

3. 04.02.2010

2.00 Oral Evidence of representatives of the Ministry of Finance (Department of Financial Services), Reserve Bank of India, Indian Banks Association, Syndicate Bank, PNB and UCO Bank on priority sector lending particularly in relation to educational loans and micro credit.

4. 30.03.2010

2.15 1. Oral evidence of the CMDs of Indian Oil Corporation Ltd and HPCL along with representatives of the Ministry of Petroleum & Natural Gas on the Petroleum Rules, 2002. 2. Consideration of memoranda on the following subjects: (i) The Electrical Wires, Cables, Appliances and Protection Devices and Accessories (Quality Control) Order, 2005 (ii) The Telecommunication (Broadcasting and Cable Services) Interconnection Regulations, 2004

5. 09.04.2010

2.00 1. Oral evidence of the Secretary, Ministry of Consumer Affairs, Food & Public Distribution (Department of Consumer Affairs) along with BIS on the Electrical Wires, Cables, Appliances and Protection Devices and Accessories (Quality Control) Order, 2003;

1 2 3 4 6.

22.04.2010

0.45

2. Briefing on certain rules/regulations framed under the BIS Act, 1986 as well as working of BIS. To consider and adopt the 187th Report on Statutory Orders laid on the Table of Rajya Sabha during its 218th Session and 188th Report on certain rules/regulations under its examination.

7. 25.10.2010

0.45 To consider its future course of action.

8. 22.11.2010

0.40 To consider and adopt the 189th Report on the Statutory Orders laid on the Table of Rajya Sabha during its 219th Session.

ANNEXURE II (See Para 1.36)

Details of the sittings of the Select Committee on the Prevention of Torture Bill, 2010 Sl. No.

Date of meeting

Duration Hrs-Mts.

Subject

1 2 3 4 1. 09.09. 2010 1.08 Introductory meeting to decide upon the future course of action of

the Committee and procedure for examination of the Bill.

2. 16.09.2010

2 .20 Oral evidence of the Home Secretary; Secretary (West), Ministry of External Affairs, Law Secretary and Secretary, Legislative Department, Ministry of Law & Justice to hear the views of their respective Ministries on the provisions of the Bill.

3. 29.09.2010

2.25 Discussion with NHRC, Prof. Upendra Baxi, Prof. Yogesh Tyagi and Commissioner of Police, Delhi on the provisions of the Prevention of Torture Bill, 2010.

4. 19.10.2010

2 .17 Discussion with Shri Chaman Lal, IPS (Retd.); Commonwealth Human Rights Initiative; Asian Centre for Human Rights and Ms.Vrinda Grover, Advocate on the provisions of the Prevention of Torture Bill, 2010.

5. 20.10.2010 2 .00 Discussion with Justice A.P.Shah (Retd.); Shri Shankar Sen, IPS (Retd.); Pre-Legislative Briefing Service (PLBS) and Human Rights Watch (HRW) on the provisions of the Prevention of Torture Bill, 2010.

6. 27.10.2010 1.52 General discussion on the provisions of the provisions of the Prevention of Torture Bill, 2010 by the Members of the Committee.

7. 08.11.2010 0.45 General discussion on the provisions of the provisions of the Prevention of Torture Bill, 2010 by the Members of the Committee and seeking extension of time till the last week of the winter session for the presentation of the Committee’s report.

8. 26.11.2010 1.45 Clause-by-clause consideration of the General discussion on the provisions of the Prevention of Torture Bill, 2010 by the Members of the Committee.

9. 02.12.2010 0.18 Consideration and adoption of the draft report on the Prevention of Torture Bill, 2010.

CHAPTER - II COMMITTEE ON PETITIONS

I. Composition of the Committee 2.1 The Committee was constituted on 24th September, 2009. The following was the composition of the Committee:

COMMITTEE ON PETITIONS (Constituted on the 24th September, 2009)

1. Shri Bhagat Singh Koshyari - Chairman 2. Shri Nandi Yellaiah 3. Shri Vijay Jawaharlal Darda 4. Shrimati Viplove Thakur 5. Shri Lalit Kishore Chaturvedi 6. Shri Moinul Hassan 7. Shri Bhagwati Singh 8. Shri Ambeth Rajan 9. Shri N.R. Govindarajar 10. Shri Sabir Ali

2.2 The Committee was re-constituted on 29th September, 2010. The following was the composition of the Committee:

COMMITTEE ON PETITIONS

(Constituted on the 29th September, 2010) 1. Shri Bhagat Singh Koshyari - Chairman 2. Shri Nandi Yellaiah 3. Shri Rajeev Shukla 4. Shri Avinash Pande 5. Shri Balavant alias Bal Apte 6. Shri Rajaram 7. Shri Paul Manoj Pandian 8. Shri Veer Pal Singh Yadav 9. Shri P. Rajeeve 10. Shri Ram Vilas Paswan

II. Review of Work done

(a) Sittings held and subjects discussed 2.3 During the period under review, the Committee held 13 sittings which lasted for 12 hours and 20 minutes. A statement showing the dates of the sittings of the Committee held during the period under review, the duration of the sittings and the main agenda taken up during those meetings is given in Annexure-III.

(b) Study Visits

2.4 During 2010, the Committee undertook the following study visit to interact with representatives of charitable organizations, experts, people's representatives and the concerned State Governments with reference to the partial relief granted by the Government to charitable organizations on receipt of anonymous donations:-

Placed

Dates visited Discussions Purpose

18th to 25th June, 2010

Vadodara, Ahmedabad, Mumbai & Pune

Interaction with representatives of charitable organizations, experts, people's representatives and the concerned State Governments with reference to the partial relief granted by the Government to charitable organizations on receipt of anonymous donations and other related issues raised in the petition.

In connection with examination of ATR on the recommendations contained in Hundred and Thirty-fourth Report of the Committee on Petitions on the petition praying for exemption to certain categories of charitable organizations from payment of income-tax on receipt of anonymous donations

III. Reports Presented 2.5 During the year 2010, the Committee presented one Report to the House as per following details:—

Report No.

Date of Presentation

Subject

138th 22.11.2010 On action taken by Government on observations/recommendations contained in Hundred and Thirty-first Report of the Committee on Petitions on petition praying for integration and empowerment of Leprosy Affected Persons (LAPs).

IV. Summary of Recommendations of 138th Report:- Fresh Survey of LAPs and Formulation of National Policy for Empowerment of LAPs 2.6 The figures of new cases of leprosy detected through pilot study conducted in Ramnagar and Fatehganj Blocks of Bareilly district of Uttar Pradesh by the Ministry of Health & Family Welfare were startling as the increase was substantial which was contrary to the feedback resting with the Government that the Country has achieved the goal of eradication level of leprosy. The Committee had apprehensions that there may be substantial increase of leprosy cases in national survey undertaken by Ministry in various States/UTs. The Committee reiterated that empowerment and integration can only be done once the survey is completed and national policy for LAPs is formulated. The Committee recommended that the time schedule for completion of national survey for LAPs furnished by the Ministry may be adhered to and be completed by July, 2011 as indicated by the Ministry. The Committee also recommended for putting in place a monitoring mechanism so as to complete the nation wide survey within the time frame drawn by the Ministry. The Committee once again reiterated that Panchayati Raj Institutions may be involved so that the Government can have realistic figures to devise a National Leprosy Policy. In fact, Panchayati Raj Institutions may be made an integral component of the system to identify new LAPs as and when such cases occur, on a perennial basis. Representatives of LAPs and NGOs associated with empowerment and integration of LAPs may also be associated in devising national policy for LAPs. Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and Rehabilitation Council of India Act, 1992

2.7 The Committee noted the view of the Ministry of Social Justice & Empowerment to the extent that the Persons with Disabilities (Equal Opportunity, Protection of Rights & Full Participation) Act, 1995 does not recognize disease but only disability. But disabilities of more than 40% are covered under the Act whether that is caused by disease or accident. The fact remains that a person having deformities less than 40% caused by leprosy is mistreated in society due to wrong notion of people about the disease and that is why the Committee had recommended for giving disability certificate to the LAPs having less than 40% of disabilities with the sole purpose of making their economic and social integration into the society effective. The Committee reiterated its earlier recommendation with a view to ensure economic empowerment of the LAPs. Uniform sustenance allowance of LAPs 2.8 There was a unanimous view in the Committee that minimum sustenance allowance of Rs. 200 given to the LAPs was negligible in comparison to the current price indices. Members were of the view that irrespective of the Ministry concerned with the subject, the sustenance allowance to LAPs should be given on sharing basis between Centre and States and the amount should be enhanced to Rs.2000 per person, so that persons affected with leprosy could lead a dignified life. The Committee stressed upon the fact that sustenance allowance to the LAPs is the responsibility of the Ministry of Social Justice and Empowerment and since it does not involved huge expenditure, the Ministry should look into the matter on humanitarian ground. Public Awareness Campaign 2.9 The Committee was satisfied with the action taken by Ministries of Health & Family Welfare and Information and Broadcasting. It hoped that the advocacy programmes through both print and electronic media would continue to create the necessary awareness about positive aspects of leprosy. Civic Amenities in Self Settled Colonies 2.10 The Committee noted the advisory issued to State Governments by the Ministries of Rural Development and Power and desired that the LAPs should get special attention from State Governments in the allotment of site under Indira Awaas Yojana Scheme and power under Rajiv Kutir Jyoti Yojana. It hoped all the States/UTs would respond to the advisory in a positive way. Freed Education to the Children of LAPs 2.11 The Committee opined that it would not be proper to deny elementary education to the wards of LAPs in the name of inclusive growth of children and the Ministry should take a holistic view based on the practical difficulties at the ground level. It observed that there should be separate schools for dependent wards of LAPs on the lines of residential schools for blind and children belonging to Schedule Tribes, along-side general schools, for inclusive growth. The Committee was of the view that the children of LAPs who would be educated in separate schools, would be easily integrated into the society and they could contribute for economic integration of the LAPs as they would receive education in a stressed free and non-discriminatory environment. The Committee also recommended including a chapter on 'Leprosy' and 'LAPs' in the NCERT Books for educating children with a view to clean the stigma attached to LAPs. 2.12 The Committee expressed its deep concerns over low figure of Gross Enrollment Ratio (GER) from amongst dependent wards of LAPs and recommended that the Ministry should ensure a concrete logical action on the recommendations made in para Nos. 15 & 15.1 of the 131st Report with regard to free higher/vocational education to the dependent wards of LAPs, so as to make them self-dependent. The Committee was also of the view that the Department of Higher Education may coordinate with the Ministry of Health & Family Welfare for sponsorship/scholarship to enhance access to higher education to the dependent wards of LAPs. Juvenile Justice (Care and Protection of Children) Act, 2009 2.13 The Committee while appreciating the concern of the Ministry of Women and Child Development, recommended that till the Act is amended, an advisory may be issued to the State Governments not to segregate children suffering from leprosy and other diseases in the Juvenile Home. Amendments to Hindu Personal Laws 2.14 The Committee desired that amendment to personal laws may be effected within six months so as to remove discriminatory provisions therein against LAPs. Bombay Municipal Corporation Act, 1888 and Bombay Prevention of Begging Act, 1959 2.15 The Committee hoped that the State Government of Maharashtra would endeavor to implement its own suggestion and expedite the process of amendment to their extant laws with a view to integrate and empower the LAPs of its State.

Exemption of VAT on the Items Produced by the LAPs. 2.16 The Committee noted the concern of the Government in taking of the issue of exemption of VAT on the items produced by LAPs to logical end. But the Committee was disappointed with decision taken by the Empowered Committee of State Finance Ministers. The Committee appreciated the general constraints behind exemptions in the regime of taxation but given the fact that in the instant case the demand is directly related with the livelihood of LAPs, who are marginalized section of the society, direct intervention at the level of Hon'ble Finance Minister to persuade the State Finance Ministers for reconsideration of the exemption of VAT on the items produced by LAPs with sympathy and compassion, may help in empowering the LAPs. Such consideration could be a departure but certainly a genuine and exclusive one.

Antodaya Card to the Families of the LAPs Staying in Self-Settled Colonies 2.17 The Committee felt that if the LAPs residing in self-settled colonies were not given proper food, it would be difficult to eradicate leprosy from the country. The Committee noted that there were only a limited number of LAPs (50,197) residing in 612 self-settled colonies throughout the country. It opined that out of about 110 crore of the total population, this small number of LAPs residing in self-settled colonies, marginalized due to social stigma, should be considered for issuance of AAY/BPL Card from humanitarian angle and for that purpose the existing norms for identification of AAY/BPL beneficiary may be relaxed in the case of LAPs, for their rehabilitation. V. Secretariat 2.18 The Committee Section (Petitions), which provides secretarial assistance to the Committee on Petitions, has presently a strength of one Committee Officer, three Assistants and one Attendant. A Joint Secretary, a Joint Director and a Deputy Director remained in-charge of the Branch. 2.19 To assist the Committee in its work, the background materials/other documents received from the Ministries/Departments/various non-governmental organizations and individuals was culled out for preparing questionnaires for written replies/evidence/report for the use of the Committee. Material from unconventional sources such as internet, news clippings, etc. were also utilised for examination and report on the subject. 2.20 The Secretariat also collected material from on-the-spot study visits of the Committee and judiciously utilized the inputs in the preparation of the Report of the Committee. 2.21 The Secretariat dealt with the work relating to the scrutiny of action taken notes received from the Ministries concerned on the recommendations contained in the Reports of the Committee.

ANNEXURE-III (See Para 2.3)

Details of the sittings of the Committee on Petitions during the year 2010

Sl. No. Date of

meeting Duration Hrs-Mts.

Subject

1

2

3

4

1. 18.1.2010 0.55 To record oral evidence in the Secretaries of the Ministries of Women & Child Development and Road Transport & Highways and to consider Memorandum Nos. 3 and 5 of 2009 on Action Taken by Government on Hundred and Thirty-first Report on the petition praying for integration and empowerment of Leprosy Affected Persons (LAPs).

2. 28.1.2010 0.15 Obituary reference to the passing away of Shri Janeshwar Mishra, a sitting member of the House and former Chairman of the Committee on Petitions.

3. 10.2.2010 1.45 To record oral evidence of the Secretaries in the Ministries of Labour & Employment and Finance (Departments of Financial Services and Revenue) and the Chairman, LIC of India and to consider Memoranda Nos. 8 and 9 of 2009 on Action Taken by Government on the Hundred and Thirty-first Report on the petition praying for integration and empowerment of Leprosy Affected Persons (LAPs).

4. 30.3.2010 0.35 (i) Consideration of Memorandum No. 1 of 2010 on Action Taken by Government on the Hundred and Thirty-sixth Report on the petition praying for benefits of pay revision and pension to the VRS optees and retirees of IFCI; and (ii) Discussion on future course of action to be taken on the ATRs furnished by the Government on the Hundred and Thirty-first Report of the Committee on the petition praying for integration and empowerment of Leprosy Affected Persons (LAPs).

5. 28.4.2010 0.10 To review pending items of work and to decide its future programme.

6. 17.5.2010 0.15 Obituary reference to the passing away of Shri Bhairon Singh Shekhawat, former Vice President of India and Chairman, Rajya Sabha.

7. 18.5.2010 1.30 (i) Oral evidence of the Secretary, Department of Financial Services (M/o Finance) alongwith the CEO and MD, IFCI Ltd. and the Government

Nominee Directors on the Board of IFCI Ltd. on Action Taken by Government on its Hundred and Thirty-sixth Report on the petition praying for benefits of pay revision and pension to the VRS optees and retirees of IFCI; and (ii) Consideration of Memorandum No.2 of 2010 on Action Taken by Government on the Hundred and Thirty-fourth Report on the petition praying for exemption to certain categories of charitable organizations from payment of income tax on receipt of anonymous donations.

1 2 3 4

8. 7.6.2010 0.15 Obituary reference to the passing away of Shri Virendra Bhatia, a sitting Member of Rajya Sabha and former member of the Committee on Petitions.

9. 2.7.2010 0.45 (i) Obituary reference to the passing away of Shri Digvijay Singh, a sitting Member of Lok Sabha; and (ii) To review pending items of work and chalk out its future programme.

10. 15.10.2010 1.10 To chalk out the future programme of the Committee on Petitions.

11. 15.11.2010 0.45 To consider and adopt its draft Hundred and Thirty-eighth Report on Action Taken by Government on the observations/recommendations contained in its Hundred and Thirty-first Report on the petition praying for integration and empowerment of Leprosy Affected Persons (LAPs).

12. 29.11.2010 2.00 (i) To hear the petitioner(s) on the petition praying for development of Railway Network in Uttarakhand, Himachal Pradesh and others Himalayan States; and (ii) To hear the petitioner on the petition praying for amendments in Section 498A of the IPC, 1860.

13. 22.12.2010 2.00 (i) To hear Chairman, Railway Board, M/o Railways on the petition praying for development of Railway Network in Uttarakhand, Himachal Pradesh and others Himalayan States; and (ii) To hear the petitioners on the petition paying for urgent need to curb Female Foeticide.

CHAPTER-III COMMITTEE ON GOVERNMENT ASSURANCES



COMMITTEE ON GOVERNMENT ASSURANCES (Constituted on the 24th September, 2009)

1. $Shri P. Rajeeve - Chairman 2. @Smt. Syeda Anwara Taimur 3. Shri Shadi Lal Batra 4. *Shri Narendra Budania 5. Shri Ramdas Agarwal 6. Shri Kalraj Mishra 7. Prof. Ram Gopal Yadav 8. Shri Birendra Prasad Baishya 9. Shri O.T. Lepcha

10. &Sardar Tarlochan Singh


COMMITTEE ON GOVERNMENT ASSURANCES


1. Shri Pyarimohan Mohapatra - Chairman 2. Shri Parvez Hashmi 3. Shri Shadi Lal Batra 4. Shri Narendra Budania 5. Shri Ramdas Agarwal 6. Shri Avinash Rai Khanna 7. Shri Veer Singh 8. #Shri Moinul Hassan 9. Shri T.M. Selvaganapathi 10. Shri Birendra Prasad Baishya

______________________________________________________________________________________ $ Appointed w.e.f 21.04.2010 vice Shri A. Vijayaraghavan, who retired rom Rajya Sabha on 02.04.2010 @ Retired on 02.04.2010 * resigned on 22.06.2010 & retired on 01.08.2010 # w.e.f. 06.12.2010

II. Subjects selected for Examination

3.3 The Committee on Government Assurances examined the assurances pertaining to the following subjects:-

Sl. No

Assurance No. (with date) taken up for examination

Name of Ministry

Status

1 2 3 4

1.

i) USQ. No. 864 dated 30.7.2001 regarding National Law University ii) USQ No. 871 dated 30.07.2001 regarding Setting up of National Law University iii) USQ No. 2056 dated 12.12.2005 regarding Shortage of Law Colleges/Schools

Law & Justice The Committee did not accede to the request of the Ministry for dropping of the assurances and directed that the Ministry be asked to furnish a Status Note in the matter

2. i) USQ No. 3183 dated 21.4.2005 regarding reduction in age limit for entering the Government service; and ii) USQ No. 3185 dated 21.4.2005 regarding retirement of employed on basis of efficiency.

Personnel, Public Grievances & Pensions

The Committee acceded to the request of the Ministry for dropping of the assurances and the assurances were dropped.

3. USQ. No. 5516 dated 13.5.2005 regarding failure of NACO

Health & Family Welfare

The Committee acceded to the request of the Ministry for dropping of the assurance and the assurance was dropped.

4. USQ. No. 2884 dated 19.12.2006 regarding Opening of Karwar Airport for civilian air services

Civil Aviation -do-

5. USQ. No. 3329 dated 4.5.2007 regarding Investigations of the Samjhauta Explosions

Railways -do-

6. USQ. No. 1922 dated 30.8.2007 regarding Common Entrance Test for Universities

Planning Commission

The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to furnish a Status Note in the matter.

7. USQ. No. 2172 dated 3.9.2007 regarding New Education Policy

Human Resource Development

-do-

8. SQ. No. 81 dated 21.11.2007 regarding cooperation of Bangladesh in investigation into Hyderabad twin blasts and the supplementary raised thereto.

Home Affairs The Committee acceded to the request of the Ministry for dropping of the assurances and the assurances were dropped.

9. Supplementary put by Shri Sharad Yadav, M.P. on SQ No. 66 dated 3.3.2008 regarding Reservation benefits to Dalit Christians and Muslims.

Social Justice and Empowerment


1 2 3 4

10. USQ No. 555 dated 22.10.2008 regarding strengthening intelligence network to nab offenders of bomb blasts

Home Affairs -do-

11. USQ No. 1942 dated 18.12.2008 regarding Review of Cinematograph Act, 1952

Information and Broadcasting

-do-

12. USQ No. 2285 dated 24.7.2009 regarding production of rice

Agriculture The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to furnish a Status Note in the matter and decided to hear

the Secretary, Ministry of Agriculture.

13. USQ. No. 1864 dated 12.3.1997 regarding smuggling of antiques from India

Home Affairs The Committee acceded to the request of the Ministry for dropping of the assurance and the assurance was dropped.

14. USQ.1040 dated 30.7.2003 regarding lapses in the process of defence procurement

Defence The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to furnish a detailed Status Note in the matter and decided to hear the Secretary, Ministry of Defence on the matter at a later date.

15. USQ. No. 1497 dated 16.12.2004 regarding Extradition treaty with Thailand

External Affairs The Committee acceded to the request of the Ministry for dropping of the assurance and the assurance was dropped.

16. i) SQ. No. 564 dated 4.5.2005 regarding Misappropriation of funds for disaster rehabilitation by private Institutions and (ii) USQ. No. 2411 dated 17.8.2005 regarding monitoring the NGOs engaged in rehabilitation of Tsunami.

Home Affairs The Committee did not accede to the request of the Ministry for dropping of the assurances and directed that the Ministry be asked to furnish a Status Note in the matter.

17. USQ. No. 2009 dated 11.12.2006 regarding Reports of Law Commission

Law & Justice The Committee acceded to the request of the Ministry for dropping of the assurance and the assurance was dropped.

1 2 3 4

18. USQ. No. 1350 dated 23.8.2007 regarding gates at entrance of MPs Residential Premises

Urban Development


19. SQ. No.199 dated 24.8.2007 regarding Medical Grants Commission



20. USQ. No. 102 dated 27.2.2008 regarding scam in import of pulses

Commerce & Industry


21. USQ. No. 185 dated 3.7.2009 regarding establishment of AIIMS in Chhattisgarh


-do-

22. USQ. NO. 2223 dated 23.7.2009 Urban The Committee did not accede to the

regarding Metro Rail at Kochi Development request of the Ministry for dropping of the assurance and directed that the Ministry be asked to furnish a Status Note in the matter.

23. USQ. No. 118 dated 3.12.2003 regarding Medium of examinations

Personnel, Public Grievances and Pensions

The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to furnish a detailed Status Note in the matter

24. i) SQ.329 dated 18.8.2004 regarding inclusion of Tulu Language in the Eighth Schedule of the Constitution ii) SQ. No. 301 dated 13.12.2006 regarding inclusion of Rajasthani language in the Eighth Schedule iii) SQ. No.282 dated 5.12.2007 regarding criteria for conferring classical language status iv) USQ. No. 1701 dated 5.12.2007 regarding inclusion of languages in 8th Schedule v) USQ. No. 930 dated 7.3.2007 regarding inclusion of languages in eighth schedule.

Home Affairs The Committee did not accede to the request of the Ministry for dropping of the assurances and directed that the Ministry be asked to furnish a detailed Status Note in the matter and decided to hear the Home Secretary at a later date.

1 2 3 4

25. USQ. No. 917 dated 30.11.2006 regarding inclusion of Hindi language in UNO

External Affairs The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to furnish a Status Note indicating the details of formal proposal sent to the UN Assembly for inclusion of Hindi as one of the Official languages in UNO and the countries which have been contacted in this regard for supporting the proposal.

26. USQ. No. 1756 dated 29.8.2007 regarding mercy petition of Afzal

Home Affairs The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to furnish a detailed Status Note in the matter.

27. USQ. No. 4083 dated 5.5.2008 regarding Sikhs a non-minority in Punjab

Minority Affairs The Committee acceded to the request of the Ministry for dropping of the assurance and the assurance was dropped.

28. USQ. No. 2435 dated 23.12.2008 regarding Offshore Pipeline Project

Petroleum & Natural Gas

-do-

29. USQ. No.550 dated 8.7.2009 regarding MOU for NHDP projects

Road Transport and Highways

The Committee did not accede to the request of the Ministry for dropping of

the assurance and directed that the Ministry be asked to furnish a Status Note in the matter indicating the latest statewise details under NHDP with specific reference to implementation and monitoring mechanism in various states.

30. SQ. No. 30 dated 20.10.2008 regarding Solar Taxi

New and Renewable Energy

The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to furnish a Status Note indicating the status of the pending patent applications.

31. USQ. No. 1137 dated 12.12.2003 regarding losses in Forest Plantation Development Corporation Ltd.

Environment & Forests

The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to furnish a Status Note in the matter

1 2 3 4

32. Supplementary raised by Shri R.K. Anand, M.P. on SQ.62 dated 22.2.2006 regarding availability of skilled engineers for IAF Aircrafts

Defence The Committee acceded to the request of the Ministry for dropping of the assurance and the assurance was dropped

33. USQ. No. 2331 dated 15.4.2002 regarding tribal status to Pahari in J&K, and USQ. No. 1123 dated 13.12.2004 regarding ST Status to more communities in Assam

Tribal Affairs The Committee did not accede to the request of the Ministry for dropping of the assurances and directed that the Ministry be asked to furnish a Status Note in the matter and decided to hear the Secretary, Ministry of Tribal Affairs on a later date.

34. USQ. No. 296 dated 20.10.2008 regarding Scheduled Tribe Status to Adivasis/Tea Tribe community of Assam

Tribal Affairs -do-.

35. Assurance given in reply to clarifications on the Report made by the Minister of Home Affairs on 29.11.2007 on the violence by All Adivashi Students Association of Assam on 24.11.2007

Home Affairs The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to furnish a Status Note in the matter and decided to hear the Home Secretary, on a later date.

36. USQ. No. 1713 dated 5.12.2007 regarding seats for Limbu and Tamang (Tribal groups) in Sikkim Legislative Assembly

Home Affairs The Committee acceded to the request of the Ministry for dropping of the assurance and the assurance was dropped.

37. USQ. No.1150 dated 11.2.2008 regarding Review of Indo-Nepal Agreement

External Affairs -do-

38. USQ. No. 341 dated 16.4.2008 regarding restart of anti-migrant drive in Maharashtra

Home Affairs The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to furnish a Status Note in the matter.

39. USQ. No. 621 dated 23.10.2008 regarding setting up of nuclear power plant in North Eastern Region

Atomic Energy The Committee acceded to the request of the Ministry for dropping of the assurance and the assurance was dropped

40. USQ. No. 116 dated 2.7.2009 regarding pending irrigation projects in Rajasthan

Water Resources The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to furnish a Status Note in the matter.

41. USQ. No. 238 dated 17.2.2009 regarding water reserve project on Chambal river

Water Resources -do-

1 2 3 4

42. USQ. No. 275 dated 18.2.2009 regarding delay in acquisition of new military hardware

Defence The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to furnish a detailed Status Note indicating the steps taken so far towards the fulfillment of the assurance and decided to hear the Defence Secretary on a later date.

43. USQ. No. 526 dated 8.7.2009 regarding non- implementation of Acts meant for construction workers

Labour & Employment

The Committee acceded to the request of the Ministry for dropping of the assurance and the assurance was dropped

44. SQ. No. 333 dated 27.7.2009 regarding simultaneous election for Lok Sabha and Vidhan Sabhas

Law & Justice -do-

45. (i) USQ. No. 1496 dated 13.3.32008 regarding National Knowledge Commission (ii) USQ. No. 1497 dated 13.3.2008 regarding recommendations of Knowledge Commission (iii) USQ. No. 1880 dated 15.3.2007 regarding transparency in National Knowledge Commission; and (iv) USQ. No. 1878 dated 15.3.2007 regarding Reports from National Knowledge Commission.

Planning Commission

The Committee did not accede to the request of the Ministry for dropping of the assurances and directed that the Ministry be asked to furnish a Status Note in the matter.

46. SQ. No. 630 dated 10.5.2000 regarding recruitment of personnel for Paramilitary Forces

Home Affairs The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to furnish a Status Note indicating the steps taken so far towards the fulfillment of the

assurance and fix a time schedule for taking a decision in the matter as 10 years had already elapsed.

47. (i) SQ. No. 49 dated 17.7.2002 regarding Godhra incident and (ii) SQ. No.54 dated 17.7.2002 regarding Riots in Gujarat.

Home Affairs The Committee acceded to the request of the Ministry for dropping of the assurances and the assurances were dropped.

48. USQ. No. 1822 dated 9.12.2002 regarding Post-closure settlement of BALCO

Mines The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to furnish a Status Note in the matter.

1 2 3 4

49. USQ. No. 1325 dated 14.3.2005 regarding Seats in Sikkim Legislative Assembly

Law & Justice The Committee acceded to the request of the Ministry for dropping of the assurance and the assurance was dropped.

50. USQ. No. 4381 dated 4.5.2005 regarding Corruption in Armed Forces

Defence The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to furnish a Status Note in the matter detailing the status of the pending cases in the Ministry and the action taken on closed cases.

51. USQ. No. 422 dated 27.11.2006 regarding agreement on quota to private educational institutions

Human Resource Development

The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to furnish a Status Note and fix a time schedule for taking a decision in the matter.

52. SQ. No. 238 dated 29.8.2007 regarding independent law enforcement agency for investigating corruption cases

Home Affairs The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to furnish a latest Status Note indicating the steps taken so far towards the fulfillment of the assurance and fix a time schedule to liquidate the assurance.

53. SQ. No. 233 dated 17.12.2008 regarding construction of Nandla Jalwari Road in Shimla

Rural Development


54. USQ. No. 1059 dated 10.12.2008 regarding fake bank guarantees by contractors in Himachal Pradesh

-do- The Committee did not accede to the request of the Ministry for dropping of the assurance on the ground that the matter is sub-judice. The Committee observed that when the charge-sheet had not been filed matter could not be treated as sub-judice. Therefore, the Committee directed that the Ministry

be asked to furnish a status note on the progress made so far detailing the outcome of each case in investigations.

1 2 3 4

55. USQ. No. 251 dated 18.2.2009 regarding scam in import of pulses

Commerce & Industry

The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to pursue the matter with CBI and furnish a Status Note indicating the outcome of the CBI investigation in the matter.

56. (i) USQ. No. 1260 dated 16.8.2004 regarding publishing foreign newspapers, (ii) USQ No. 2032 dated 23.8.2004 regarding publication of foreign newspapers and magazines.

Information & Broadcasting

The Committee did not accede to the request of the Ministry for dropping of the assurances. The Committee expressed its unhappiness over the inordinate delay in finalizing the amendments to the Press and Registration of Books Act and was of the view that the reasons adduced for dropping were untenable as 6 years of time was enough to finalise the Bill and directed that the Ministry be asked to furnish a detailed Status Note indicating the steps taken so far towards the fulfillment of the assurance.

57. (i) SQ. No. 2327 dated 13.12.2006 regarding Human Rights Commissions in States.

Home Affairs The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to furnish a Status Note detailing the steps taken so far to collect the desired information alongwith difficulties faced by Ministry in collecting the same for fulfillment of the assurance.

58. USQ. No. 3720 dated 9.5.2007 regarding old pension for Para-military forces

Home Affairs The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to furnish a detailed Status Note giving the progress made in the matter.

59. USQ. No. 4166 dated 14.5.2007 regarding setting up Madarsa Board.

Human Resources Development

The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to furnish a detailed Status Note specifying the steps taken towards building consensus and further action proposed in the matter.

1 2 3 4

60. USQ. No. 1745 dated 5.12.2007 regarding SC/ST Bogus Caste Certificates.

Personnel, Public Grievances and Pensions

The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to submit a detailed Status Note detailing the steps taken to collect the information from the states alongwith copies of correspondence with states and response of states.

61. USQ. No. 761 dated 24.2.2009 regarding Promotion and Development of historical and religious culture.

Culture The Committee acceded to the request of the Ministry for dropping of the assurance and the assurance was dropped.

62. USQ. No. 580 dated 09.07.2009 regarding Death of Scientist of Atomic Plant

Atomic Energy -do-

63. USQ. No. 2841 dated 29.07.2009 regarding constructing 12,000 kms road during current financial year

Road Transport & Highways

-do-

64. USQ. No. 3008 dated 30.07.2009 regarding Indira Lift Irrigation Project

Water Resources The Committee did not accede to the request of the Ministry for dropping of the assurance and directed that the Ministry be asked to furnish a status note on the efforts made to obtain compliance from State Government.

65. (i) SQ. No. 219 dated 11.03.2010 regarding Raising Height of Sardar Sarovar Dam and (ii) USQ No. 1657 dated 11.03.2010 regarding Sardar Sarovar Dam.

Water Resources The Committee acceded to the request of the Ministry for dropping of the assurance and the assurance was dropped.

III. Review of Work Done (a) Sittings of the Committee 3.4 During the year 2010, the Committee held 8 sittings and the time spent amounted to 9 hours and 16 minutes. Statement showing the dates of sittings of the Committee held during the year 2010, the duration of the sittings, and the subject discussed are given in Annexure-IV. (b) Study Visits

3.5 During 2010, the Committee undertook one study visit to Hyderabad, Bengaluru and Mumbai as per the details given below to hold discussions with the managements of certain institutions/organizations etc. on the matters under its examination:

Dates Place 1 2

Name of the Organisation 3

Subject 4

4th-10th July, 2010 Hyderabad, Bengaluru and Mumbai

i) Management of Bharat Dynamics Ltd. and Mishra Dhatu Nigam (MIDHANI) ii) Chief Secretary, Government of Andhra Pradesh alongwith the representatives of the Ministry of Rural Development. iii) Managements of Andhra Bank and State Bank of Hyderabad. iv) Managements of Syndicate Bank, Corporation Bank and State Bank of Mysore. v) Managements of Bharat Earth Movers Ltd., Bharat Electronics Ltd. and Hindustan Aeronautics Ltd. vi) Managements of ISRO and Antriksh Corporation of India and Representatives of the Deptt. of Space. vii) Management of Karnataka Antibiotics and Pharmaceuticals Ltd. viii) Chief Secretary, Government of Karnataka alongwith the representatives of Ministry of Power and Rural Development. ix) Managements of Vijaya Bank and Canara Bank. x) Managements of Bank of India, Central Bank of India and Dena Bank. xi) Managements of (a) Uranium Corporation of India Ltd. (b) Nuclear Power Corporation of India Ltd. and representatives of the Deptt. of Atomic Energy. xii) Management of Rashtriya Chemicals and Fertilizers Ltd. xiii) Managements of Indian Oil Corporation and Bharat Petroleum Corporation Ltd. (xiv) Managements of Jawaharlal Nehru Port Trust and Mumbai Port Trust. (xv) Managements of Bank of Baroda, Union Bank of India and Bank of Maharashtra. (xvi) Managements of ONGC and Hindustan Petroleum Corporation Ltd.

i) Assurances arising from SQ. No.98 dated 3-3-2010 regarding pending wage revisions in public sector undertakings and USQ.No.627 dated 3-3-2010 regarding Defence Production Policy. (ii) USQ. No.408 dated 7-7-2009 regarding scope of NREGS works in coastal areas and USQ. No. 266 dated 8-12-2009 siphoning off of NREGS funds. (iii) USQ. No.727 dated 10-7-2009 regarding agricultural credit (iv) USQ. No.1629 dated 3-12-2009 regarding second Moon Mission and USQ. No.1613 dated 11-3-2010 regarding plan for Mars Mission (v) USQ. No.587 dated 20-2-2009 regarding panel for negotiations of prices of Patent drugs and USQ. No.946 dated 27-11-2009 regarding price variation of drugs (vi) USQ. No.3501 dated 21-12-2009 regarding Rajiv Gandhi Grameen Vidyutikaran Yojana (RGGVY) in Karnataka, USQ. No. 408 dated 7-7-2009 regarding scope of NREGS works in coastal areas and USQ.No.266 dated 8-12-2009 siphoning off of NREGS funds (vii) USQ. No. 337 dated 28-7-2005 regarding uranium mining and USQ. No. 621 dated 21-10-2008 regarding nuclear plant North-Eastern Region (viii) USQ. No. 2289 dated 24-7-2009 regarding direct benefits of subsidy to farmers and USQ.No.166 dated 20-11-2009 regarding production of fertilizers (ix) SQ. No. 102 dated 24-2-2009 regarding social responsibilities of Oil Companies and USQ. NO. 2889 dated 15-12-2009 regarding safety zone (x) USQ. No. 1175 dated 14-7-2009 regarding regulation of ports and USQ. No. 1943 dated 21-7-2009 regarding captive cargo handling at major ports.

3.6 Verbatim record of proceedings of the sittings of the Committee in which evidence was taken has been maintained. This comprised 53 pages. IV. Reports Presented

3.7 During 2010 the Committee presented the following Report to the House.

Sl. No.

Report No. Subject

Presented on

1. 64th Review of progress of implementation of assurances 3rd December 2010

V. Summary of Recommendations

(a) 64th Report

3.8 The Committee observed that the Ministry did not bother to check whether all the points raised in the Question had been replied to before forwarding the Implementation Report. The Ministry need not be reminded that without obtaining Cabinet’s approval, the recommendations of TRAI cannot be implemented. Growth of FM Radio in the past few years in the country indicates a positive trend imperative for the development of the entertainment industry besides being an important source of revenue for the Government. The delay in seeking Cabinet approval was proving detrimental to the growth of this sector, as in absence of a policy, the players are incurring losses on account of high operational costs on one hand and on the other the public is being deprived of new channels. The Committee, therefore, recommended that the Ministry must seek Cabinet approval at the earliest so that the players and the public in general can derive maximum advantages from the FM Radio policy with proper checks and balances in place. 3.9 The Committee observed that in the instant case, the Government instead of fulfilling the assurance, have provided an ambiguous reply without giving the details of the outcome of the consultations held with the stakeholders. It is a fact that the contents of various programmes being shown on numerous channels are objectionable and unsuitable to children who comprise a major percentage of the viewership. For these channels, Target Rating Point (TRP) appears to be the buzz word. Some of these channels are going to any extent to increase TRP and in turn earn money. There must be some regulations in place in the broadcast of such programmes. The Committee recommended that Government should expedite consultation with stakeholders and put in place guidelines for broadcast sector at the earliest. 3.10 The Committee was surprised to observe the lack of urgency and seriousness on part of the Ministry to fulfill the assurance. The Implementation Report gives vague information, without touching upon the pertinent issue. The Committee reiterates its earlier recommendation given in its 63rd Report “The Committee does understand that the matter is quite sensitive particularly in view of the freedom of expression envisaged under the Constitution. But at the same time, it noted that the right of freedom of expression under the Constitution is not absolute. If there is a case of self regulation by the Media, there is equally strong case in favour of regulations for the defaulting media/channels. As of now, there is not enough teeth with the Ministry to punish the defaulting channels.” The Committee recommended that prompt action may be taken to put proper monitoring mechanism in place for regulating the contents being broadcast on various channels. 3.11 The Committee noted that the financial and capital restructuring of Prasar Bharati is an important step towards making the public broadcaster self-dependent and in turn improve its working. It is obvious that the recommendation of GOM would not come into force or implemented without the approval of the Cabinet. One fails to understand as to why in the first place the Implementation Report was sent to the Committee. The Ministry should have ensured that the information furnished in the Implementation Report is complete in all respects before forwarding the same to the Committee. The Committee recommended that the Government should expedite the approval of the Cabinet for implementation of recommendations of GOM and liquidate the assurance. 3.12 The Committee noted that the Implementation Report furnished by the Ministry is silent on a crucial aspect of the Question raised in the House. It is difficult to comprehend how an expected target of 149 roads can fall short by 140 roads and only 9 roads were developed. The rural India equally deserves well-developed infrastructure to enable the people of these areas to lead a quality life. However the Government has not displayed any urgency to fulfill the target. The pace, with which the Ministry is pursuing the work, does not appear to reflect the right approach which is expected towards development of infrastructure in the rural areas. The Committee recommended that the Government should expedite the construction of the remaining roads and fulfill the assurance at the earliest. 3.13 The Ministry furnished the revised Implementation Report stating therein that the Expert Group constituted by the Planning Commission had re-computed the state specific poverty lines which had been accepted by the Planning Commission. On examining the revised Implementation Report, the assurance was treated as satisfactorily fulfilled. 3.14 The Committee again observed another instance of Government’s apathy in furnishing complete information on questions raised on the floor of the Rajya Sabha. The need to establish an Independent Evaluation Office arose to effectively implement the various flagship programmes of the Government

and achieve desired result besides plugging the loopholes for the benefit of the common man. The Committee failed to understand as to why no urgency was shown to get the Cabinet approval and why incomplete Implementation Report was sent. The Committee recommended that the matter may be placed before Cabinet promptly for its approval and liquidate the assurance. 3.15 The Committee noted that the Ministry chose to ignore the whole import of the question and casually furnished a reply which in no manner conveys the information sought by the Member. Creation of infrastructure like green field airport involves a wide gamut of issues relating to land acquisition which have to be given a close consideration before starting a project. In the instant case, the Ministry is surprisingly silent on the issue of compensation paid for acquiring the land and whether any agricultural land had been acquired by the State Government as it has a direct bearing on the livelihood of the affected parties. The Committee directed the Ministry to place before the Committee the complete information at the earliest relating to the question and liquidate the assurance expeditiously. 3.16 The Committee noted that in view of the increase in threat perception along the coast line in the backdrop of rising terrorist activities, the Government should finalise phase II of the Coastal Security Scheme urgently in the interest of national security. The Committee recommended that there should be no laxity on any account and the assurance may be liquidated at the earliest. 3.17 The Committee was unable to understand as to why the Ministry chose to explain the matter to the Member only instead of following the established procedure of informing the Committee and the House. It was not a bilateral talk between the Member and the Ministry. It relates to an assurance given by the Ministry of External Affairs to the House. Therefore the Ministry are under obligation to inform about the same to the House. The Committee directed the Ministry to send a revised Implementation Report to the Committee and liquidate the assurance. 3.18 The Committee recommended that the Ministry should expedite the examination of RBI’s proposal and finalise new norms for Money Transfer Service Scheme and liquidate the assurance at the earliest. 3.19 The Committee recommended that the Government should pursue the matter with the Law Commission to expedite the examination of the issue and finalise its recommendations and liquidate the assurance. 3.20 In the present scenario where rapid urbanisation is mounting pressure on the limited infrastructure available in the cities, Metro Rail can pave to be a boon to the public at large and help mitigate increasing transport problems. It is strange that there is no clear picture yet on the fate of Kochi Metro Project. The Committee recommended that the Government should show urgency in the matter and take a prompt decision on the proposal and liquidate the assurance. 3.21 Though there is no limit on the capacity of steel plants in the country, there may be certain issues which may be akin to Ultra Mega Steel Plants requiring immediate attention of the Government. Therefore, the Committee recommended that the Government should expedite resolving of the issues necessary for the smooth launch of ultra mega steel projects in the country and liquidate the assurance at the earliest. 3.22 The Committee noted with concern that the Ministry have displayed a casual attitude in fulfilling the assurance. It is not clear as to whether the Act has come into force and if it has come into force why there is delay in the appointment of Vice-Chancellor. Further the Committee found it difficult to understand as to how the pending inquiry is delaying the appointment of a regular Vice Chancellor under the new Act. The Committee recommended that the Government should try to solve the issues which are proving to be impediment to the appointment of the Vice Chancellor and liquidate the assurance. 3.23 The Committee expressed its anguish on the lackadaisical approach on the part of the Ministry in sending the Implementation Report without bothering to furnish the specific information on Gujarat which was asked in the Question. The Committee recommended that the Ministry should furnish the specific information as asked for instead of providing general information and liquidate the assurance. 3.24 In the present scenario, of rapid globalisation and increased competitiveness wherein due to

entry of foreign companies and patent regime giving rights to companies over products, the cost of medical treatment and medicines have shot up making them unaffordable for the masses. The New Pharmaceutical Policy can go a long way in bringing critical health care and medicines within the reach of the poor in the country. The Committee was shocked to note that inspite of the above scenario the Government have not displayed any urgency to finalise the New Pharmaceutical Policy. The Committee, therefore, recommended that the Government should expedite finalisation of the Policy and liquidate the assurance. 3.25 The Committee again urged the Ministries to ensure that the Implementation Reports are sent within reasonable period of time and are complete in all respects. 3.26 The Committee therefore impressed upon the Ministries to desist from seeking extension in routine manner and seek extension of time well before the expiry of the time given to fulfill the assurance. The Committee further observed that the Ministries must detail the efforts made by them to fulfill the assurance while seeking further extension of time and submit every communication for consideration of the Committee only after the approval of the Minister. The Committee observed that though the power to grant extension of time vests with the Committee, some Ministries/Departments approach the Ministry of Parliamentary Affairs for granting of extension of time for fulfillment of assurances or for dropping of assurances. The Committee would like to reiterate once again that the power to drop an assurance or extend time limit for its fulfillment solely vests with the Committee and Ministry of Parliamentary Affairs have no role to play. The Committee, therefore, recommended that the Ministry of Parliamentary Affairs should issue suitable direction to all the Ministries/Departments of the Government in this regard at the time of sending the assurances. 3.27 The Committee found that a lot of requests are received from various Ministries claiming that the reply given by the Minister on the floor of the House was a factual position and does not constitute an assurance and accordingly it may be dropped. The Committee has time and again, reiterated that it is for the Committee to decide what constitutes an assurance and the Ministries should desist from making such request and should send their request for dropping of assurance citing cogent reasons and not merely on the above ground. 3.28 The Committee expressed overall satisfaction on the submissions made by the Secretary and observed that the Government should expedite fulfilment of the assurance as they were linked to the education and training of youth of the country. The Committee also expressed concern that apart from assurances related to policy matters there were other assurances which needed attention and should be taken care of. The Committee also felt that the operations of foreign universities should also be regulated at the earliest so that the students are not cheated by these universities. Further, the Committee was of the strong opinion that the so called fake universities should also be dealt sternly and if needed, a law be enacted for this purpose. 3.29 The Committee observed that as stated earlier a large population of the country is either engaged in agricultural operations or agriculture related occupations. Therefore, there is no way we can afford to neglect the agriculture sector. The envisaged 4% growth in agriculture sector is no where near achievement. The investment, both the Government and private sector in agriculture is very low. All this does not go well with the requirement of a large population like ours which could not be fed by importing food grains alone. Therefore, the Committee felt that the Government must channelise its efforts towards the growth of agriculture. Linked with agriculture is the status of malnutrition in the country particularly in women and children. It is a matter of shame that we fare badly on the scale of malnutrition as compared to even some of the sub-Saharan countries. Starvation deaths are not uncommon in our country. Therefore, the Committee recommended that the Food Security Act should be enacted without further delay. The Committee further observed that a unique phenomenon happened this year. On one side, the warehouses of the Government were full of foodgrains and there were incidents of rottening of foodgrains and on the other side citizens were dying with hunger and suffering due to malnutrition. This reflected mismanagement on the part of the authorities at various levels. Therefore, the need of the hour is total revamping of the PDS which will be all the more necessary on enactment of Food Security Act. 3.30 The Committee felt that the Central Government should have some control and regulation on the functioning of private medical colleges through its statutory bodies that were mushrooming in the country putting into jeopardy the future of lakhs of medical students who had to seek admissions into these institutions in the absence of quality medical institutions in various parts of the country. The Committee was also of the view that the Government should expedite the enactment of central

legislation on medical admissions to ease the burden on the students. Adulteration of food items and vegetables is a gruesome offence against the public at large and has been an area of grave concern for quite some time. There appears to be no fear in the minds of the perpetrators and the menace is going on unabated. The Committee did feel the constraints of the Central Government in tackling the issue in view of division of administrative powers between the centre and the states. However, the Committee was of considered opinion that the centre can not be a moot spectator in this whole issue of adulteration. The Central Government besides framing the regulation must also monitor and if necessary issue directions for cracking down heavily on the adulteration mafia in consultation with States. 3.31 The Committee observed that 2% interest subvention scheme had been provided to farmers who repay their short term crop loan as per the schedule. However, this interest subvention has been restricted to a loan of Rs. 3 lakh only. Similarly, various States at their end were also giving interest subvention of 1-2 per cent to farmers. This has resulted in agriculture loan to farmers at an interest rate of 5-6 per cent. The Committee further noted that the States had also put certain restrictions while giving interest subvention to farmers. The Committee felt that efforts should be made to provide agricultural loan to small and marginal farmers at an interest rate of 4% and their coverage under interest subvention scheme should also be increased at national level. While interacting with banks, the Committee felt that the debt swap scheme operated by some of the banks should be implemented by all the banks and a model scheme in this regard may be formulated in the Department of Financial Services. The Committee further felt that the procedure of giving credit to farmers should be further simplified and innovating efforts should be undertaken to improving the awareness of various schemes among the farmers by giving appropriate publicity. 3.32 The Committee noted the efforts undertaken by the Banks in carrying out their responsibilities towards agricultural sector and providing loan to small and marginal farmers. However, the Committee felt that the banks should be more proactive in giving loans to farmers and finance them in their social needs so as to prevent them from falling into the trap of money lenders. The Committee further felt a substantial number of farmers have not come under the institutional credit mechanism and therefore recommended that targets of agricultural loans should be realistically revised. The Committee also felt that wide publicity should be given to various schemes so that farmers can avail facilities under these schemes. 3.33 The Committee felt that coastal States of the country in view of their geographical location have certain kind of works which can be undertaken under NERGA along with the coastal line. As the matter is under consideration of the Ministry of Rural Development, the Committee hoped that the early decision will be taken to give benefits to the people living in the coastal areas of the country. 3.34 The Committee recommended that the Government should ensure that the objectives of the scheme are achieved and maximum numbers of people are benefited from the scheme. 3.35 The Committee expressed its satisfaction at the various social projects being run by the Corporations but at the same time felt that the initiative should not lose momentum and should be carried on for long term basis. It was a good sentiment displayed by the corporations by sharing their profits with the under privileged sections of the Society. The Committee noted that as per the assurance, two per cent of the profit of all oil companies has been earmarked for corporate social responsibility. The Committee was happy to note that all the oil companies have more or less achieved the target. The Committee, however, felt that there should not be a limit of two per cent of profit for CSR activities. The principle here should be that one who earns more should spend more. The Committee observed that the CSR activities of the oil companies are mainly concentrated near their installation. As a result of which the amount spent on CSR activities is not equally distributed or evenly distributed in the country. The Committee, therefore, felt that efforts should be made to evenly distribute the amount of CSR activities in the country as far as possible. Oil PSUs are flagship undertakings and citizens living beyond their installation have equal rights on them. Further, the Committee also felt that some kind of credit points or value may be given to the CSR activities of the PSUs while giving them any kind of benefit 3.36 The Committee observed that there is no level playing field among the major ports and private ports which were coming up in the country in a big way in the absence of uniform regulations. The management of the port trusts were of the opinion that minor and private ports should also be covered under the port regulatory regime to have a level playing field. The Committee recommended that the Government should expedite the enactment on Port Regulatory Authority to improve the functioning

of the ports as in the absence of regulatory authority the performance and operational issues are being affected. 3.37 The Committee recommended that the National Pharmaceutical Policy be put in place at the earliest so as to provide a level playing field for all the players. 3.38 The Committee observed that the wage revision of the PSUs under the Ministry of Defence had been badly delayed. The Committee was of the opinion that the negotiations with the associations for wage revision should be scheduled in such a way that the wage revision takes place immediately after the expiry of earlier wage settlement period. The Committee also felt that the Ministry of Defence can not escape from their responsibility in the matter and should play decisive role in arriving the early wage revision. VI. Secretariat 3.39 The Committee Section (Government Assurances) headed by a Committee Officer constitutes the Secretariat of the Committee. A Joint Secretary, a Joint Director and Deputy Director remained in-charge of the Branch. 3.40 To assist the Committee in its work, material received from the Ministries/Departments/Various non-official organizations and individuals was studied from which points were culled out and questionnaires for written replies/evidence prepared for the use of the Committee. 3.41 The Secretariat also collected material for on-the -spot studies and gave inputs during the study visits undertaken by the Committee. 3.42 The work relating to drafting of the Reports of the Committee alongwith their presentation, laying, printing and distribution was also undertaken by the Secretariat. 3.43 The Secretariat also studied material like Parliamentary Debates, answers to Parliamentary Questions etc. relevant to the subjects under examination of the Committee.

ANNEXURE-IV

(See Para 3.4)

DETAILS OF THE SITTINGS OF THE COMMITTEE ON GOVERNMENT ASSURANCES DURING THE YEAR 2010

Sl. No.

Date of Meeting

Duration Hrs.-Mins.

Subject

1 2 3 4 1. 06.01.2010 1.05 The Committee considered requests for dropping of

Assurances received from various Ministries

2. 22.01.2010 1.55 The Committee heard the representatives of the Ministries of Agriculture and Consumer Affairs, Food & Public Distribution on the progress of implementation of pending assurances pertaining to respective Departments and also ascertained the reasons for delay in their fulfillment.

3. 03.02.2010 0.35 The Committee considered requests for dropping of Assurances received from various Ministries

4. 05.05.2010 0.35 The Committee reviewed the list of assurances pending against various Ministries.

5. 20.05.2010 0.45 The Committee considered requests for dropping of Assurances received from various Ministries

6. 16.08.2010 1.15 The Committee considered a Memorandum containing detailed analysis of quorum in various Committees of Rajya Sabha and Lok Sabha and requests for dropping of Assurances received from various Ministries alongwith review of pending assurances.

7. 19.10.2010 1. 05 The Committee considered requests for dropping of Assurances received from various Ministries

9. 08.12.2010 1.00 The Committee considered requests for dropping of Assurances received from various Ministries.

CHAPTER-IV

COMMITTEE ON PAPERS LAID ON THE TABLE




(Constituted on the 24th September, 2009)

1. Shri Santosh Bagrodia – Chairman 2. Shri B. S. Gnanadesikan 3. Shri G. Sanjeeva Reddy 4. Shri Prakash Javadekar 5. Shri Vijaykumar Rupani 6. Dr. Barun Mukherji 7. Shri Mahmood A. Madani

8. Dr. M. A. M. Ramaswamy 9. Shri Varinder Singh Bajwa

10. *Dr. Ashok S. Ganguly




1. Shri Tariq Anwar – Chairman 2. Shri G. Sanjeeva Reddy 3. Dr. E. M. Sudarsana Natchiappan 4. Dr. Vijaylaxmi Sadho 5. Shri Vijaykumar Rupani 6. Shri K. B. Shanappa 7. Shrimati Gundu Sudharani 8. Shri Mahmood A. Madani 9. Dr. Barun Mukherji 10. Dr. Ashok S. Ganguly

*Nominated on 16th December, 2009

II. Subjects selected for examination 4.3 The Committee on Papers Laid on the Table, Rajya Sabha performed the following functions:-

i) Examined the laying of the Annual Reports and Audited Accounts of Government Companies, Public Sector Undertakings, bodies created by Acts of Parliament, Cooperatives, Institutes and Societies framed and financed by the Government;

ii) Examined the delay in the laying of the Government Notifications/Orders on the Table of Rajya Sabha; and iii) Monitored the implementation by the Ministries of the recommendations of the Committee set out in its various reports.

III. Review of work done

(a) Sittings of the Committee

4.4 During the year 2010, the Committee held 11 sittings lasting for 12 hrs, 40 minutes. A statement showing the dates of sittings of the Committee held during the period under review, the duration of the sittings and the subjects discussed are given in Annexure V.

4.5 The Committee examined 132 cases of requests received from the Ministries regarding grant of extension of time for laying the Annual Reports/Audited Accounts of Government Companies/Organisations and the Committee after due examination granted extension in 128 cases. Four cases were placed before the Chairman of the Committee for consideration. The Committee undertook visits and held discussions with the managements of the concerned Government organizations. In cases, representatives of Ministries and organizations were invited for oral evidence before the Committee.

(b) Study Visits

4.6 During the year 2010, the Committee visited the following Organisations to discuss with the management regarding the delayed laying of their Annual Reports and Audited Accounts on the Table of the Rajya Sabha : -

Sl. No.

Date of visits Company/Organisation visited

1 2 3 1 21st June, 2010 (i) Indian Institute of Technology IIT, Mumbai;

(ii) National Institute of Industrial Engineering (NIIE), Mumbai and National Bank for Agriculture and (iii) Rural Development (NABARD), Mumbai

2 22nd June, 2010 (i) Damodar Valley Corporation, Kolkata and

(ii) Industrial Investment Bank of India (IIBI), Kolkata

3 23rd June, 2010 (i) Kolkata Port Trust, Kolkata and Asiatic Society, Kolkata

4 24th June, 2010 (i) Indian Institute of Management (IIM), Bangalore and

(ii) Sarva Shiksha Abhiyan, Karnataka

5 25th June, 2010 (i) Indian Institute of Science (IISc), Bangalore and (ii) Centre for Excellence for Medicinal Plants and Traditional Knowledge, Bangalore

1 2 3 6 26th June, 2010 (i) Sethusamudram Corporation Limited Chennai and

(ii)Rajiv Gandhi National Institute of Youth Development

(RGNIYD), Sriperumbudar

7 27th June, 2010 (i) Singareni Collieries Company Limited (SCCL) and (ii)Hyderabad University, Hyderabad

IV. Reports presented

4.7 During the year 2010, the Committee presented the following Reports to the House: -

Sl. No.

Report No.

Date of Presentat

ion

Subject

1 2 3 4 1. 122 20.04.2010

Regarding laying of the Annual Reports and Audited Accounts of West Zone Cultural Centre (WZCC), Udaipur; National Institute of Ayurveda, Jaipur and Malaviya National Institute of Technology (MNIT), Jaipur.

2. 123 22.04.2010

Regarding laying of the Annual Reports and Audited Accounts of Brahmaputra Board, Guwahati; Assam Ashok Hotel Corporation Limited, Guwahati; North Eastern Indira Gandhi Regional Institute of Health & Medical Sciences (NEIGRIHMS), Shillong; Padmaja Naidu Himalayan Zoological Park, Darjeeling and Himalayan Mountaineering Institute, Darjeeling.

3. 124 28.04.2010

Regarding laying of the Annual Reports and Audited Accounts of Betwa River Board (BRB), Jhansi; National Highways Authority of India (NHAI), New Delhi and Securities and Exchange Board of India (SEBI), Mumbai.

V. Summary of Recommendations

(a) 122nd Report

West Zone Cultural Centre (WZCC), Udaipur

4.8 The Committee took note of the steps took by Ministry and the Centre for streamlining the process of laying the papers on the Table of the House. 4.9 The Committee had the impression that both the Centre and the Ministry would ensure strict compliance thereto so that the report and accounts of the West Zone Cultural Centre (WZCC), Udaipur are laid within the stipulated time. The Committee is, however, constrained to note that delayed laying of papers still continued. Despite the streamlining of the processes and assurance given to Committee during the course of discussion, there was hardly any improvement. 4.10 The Ministry of Culture again failed to approach the Committee for extension of time for laying of Annual Reports and Audited Accounts of the Centre for the years 2007-08 and 2008-09. This showed that there was lack of sincerity on the part of Ministry for not adhering to the recommendation of the Committee and also the assurances given to it. It is a matter of great concern, the Committee felt. The Committee, therefore, reiterated that in case of delay in laying of the Annual Reports and Audited Accounts on the Table of the Rajya Sabha, the Ministry should invariably approach the Committee for seeking extension of time sufficiently in advance so that the Committee is apprised about the reason for delay. 4.11 The Committee observed that the review of the performance of organisation made by the Ministry should be analytical instead of being a routine statement. The Committee recommended that the Ministry must comment upon the financial and

functional performance of the organisation and also apprised the Parliament of the achievements made by the organisation against the set annual targets. The Committee felt that in its review, the Ministry should be able to certify whether the papers present true and fair picture of the organisation.

National Institute of Ayurveda, Jaipur

4.12 The Committee expressed it concern over the delayed laying of Annual Report and Audited Accounts of the Institutes. The Committee observed that delay was mainly attributed to inordinate time taken in audit and thereby late receipt of audit certificate from AG’s office particularly the Hindi version, and delay in convening the meetings of the Governing Body for approval. The Committee felt that timely laying can be ensured if both the institute and the Ministry streamline the internal processes within their reach and take up the matter with CA&G regarding delay in audit. The Committee therefore, recommended that the Institute and the Ministry in consultation with Accountant General (AG), Rajasthan should evolve a standard procedure that scrupulously fits into the nine month schedule.

4.13 The Committee hoped that in future the papers of National Institute of Ayurveda, Jaipur would be laid within the stipulated time and that the Ministry/ Institution would streamline the process of preparation of Annual Reports and Audited Accounts so as to avoid delay in its laying.

4.14 The Committee observed that the review of the performance of organisation made by the Ministry should be analytical instead of being a routine statement. The Committee recommended that the Ministry must comment upon the financial and functional performance of the organisation and also apprised the Parliament of the achievements made by the organisation against the set annual targets. The Committee felt that in its review, the Ministry should be able to certify whether the papers present true and fair picture of the organisation Malaviya National Institute of Technology (MNIT), Jaipur

4.15 The Committee gathered from the information placed before it that on an average, 6 to 12 months were spent to get the audit report cleared from the concerned AG after the same is approved by the respective Board of Governors. The Committee felt that if papers were to reach Parliament in time audit should not take more than four months. This needed to be improved on priority basis. The Committee suggested that the Ministry should use its good offices to resolve this problem. In addition, the Institute has to take care that all the processes, particularly the timely finalization of accounts and its approval was streamlined so as to avoid undue delay in laying the Annual Report and Audited Accounts on the Table of the House.

4.16 The Committee noted that Annual Report & Audited Accounts of MNIT for 2008-09 could not be laid within the stipulated period i.e. during winter Session, 2009 and the Ministry did not seek extension despite the fact that Committee impressed on the Ministry to seek the same in case of delay while interacting with the representatives of the Institute as well as the Ministry. The Committee impressed upon the Ministry to adhere to this directive in future without fail.

4.17 The Committee also recommended that computersation of accounts of the Institute should be expedited so that the accounts are proposed within time. (b) 123rd Report

Brahmapurta Board, Guwahati

4.18 The Committee was constrained to observe that despite Ministry’s assurance to the Committee in June, 2009 the delay statement laid along with the papers on 30th July 2009 for the year 2007-08 was not comprehensive enough containing details as per Committee’s recommendation in its very first report so as to enable the Committee to identify the stages, causes and extent of delay. The review statement of the Ministry for year 2007-08, did not present a comprehensive appraisal of the Board’s performance. The Review by the Government was mere a routine statement of general facts. For the year 2008-09, the Ministry did not even care to lay Review Statement.

4.19 A perusal of the reasons furnished by the Ministry for delayed laying of Annual Reports and Audited Accounts for the years 2002-03 onward, revealed that in the years 2002-03, 2005-06 and 2007-08 the delay was on account of late receipt of audit certificate. The Committee was not told as to what steps did the Board and the Ministry take with C&AG to expedite. The Committee gathered from the auditors’ comments on the accounts for the year 2007-08 that there were 196 outstanding paras of the inspection report of the P.A.G. There were 256 outstanding paras given by internal audit, which the C&AG found to be indicative of weakness in internal controls in the Brahmaputra Board.

4.20 The Committee, therefore, felt that the onus for delay lies more on the Board itself rather blaming the C&AG. The Committee, therefore, recommended that Board should strengthen its internal audit system so that it facilitates the speedier audit.

4.21 The Committee found that the reasons for delay for years 2003-04 and 2006-07 were unacceptable. The statutory requirements provided in the Act, were allowed to be diluted and ignored because the Chairman lacked statutory powers. This was a serious reflection on the working of the Government. Furthermore, the new Chairman did not convene the meeting for about one and a half month after the appointment. Such lapses had cascading affect in delayed laying of papers. Similarly, annual accounts for 2006-07 could not be approved by the Board for the want of quorum and almost two months were lost in obtaining Board’s approval. The Committee found that given the size of Board with the representation of multiple State Governments, Ministries and organizations, it was upto the Board to devise the mode and methods of securing timely approval from the Board, so as to adhere to the statutory obligation of laying the papers before the Parliament.

4.22 The Committee recommended that the Ministry should invariably approach the Committee sufficiently in advance for seeking extension of time. The Ministry should make all efforts for timely laying of papers on the Table of the Parliament.

4.23 The Committee directed that in future the Ministry should comply with Committee’s recommendation that in case of delay in laying the papers, a statement giving reasons for delay containing information, in chronological order setting forth the dates of accounts, their submission to Audit, receipt of draft Audit Report, replies given to audit queries, receipts of final audit report translation and printing of accounts and their submission to the Ministry for laying on Table of the House, should be laid along with the Annual Report and Audited Accounts so that the House may identify the stages, causes and intent of delay and suggest remedial measures wherever required.

4.24 The Committee further recommended that a comprehensive review covering broad performance of the organization and a brief description of the critical areas should be laid along with the Annual Reports and Audited Accounts as the Parliament being preoccupied sometimes with important legislative business may not find sufficient time to go through the Annual Report and Audited Accounts and therefore, a review on the working of the organization may enable it to have cursory look on the functioning of the organization.

Assam Ashok Hotel Corporation Limited, Guwahati

4.25 From the information furnished by the Ministry regarding reasons for delayed laying, Committee noted that delayed laying of papers for the years 2002-03 to 2007-08 was because of variety of reasons. The delay for the year 2002-03 was mainly due to the fact that it took 5½ months in sending the reports to the Ministry whereas in the year 2003-04, the delay was due to late approval by AGM and thereafter 3 months’ time was taken in translation and printing of the reports. The Committee felt that the aforesaid delay could have been avoided had the organisation taken necessary steps in time. 4.26 As regards the papers for the year 2004-05, 2005-06 and 2006-07, the delay was mainly due to late submission of accounts for Government audit and also time taken by the CAG. For the year 2004-05, 2005-06 and 2006-07, the translation and printing of the reports consumed 3-4 months’ time and after the receipt of the papers in the Ministry, it took another 3-4 months’ time to lay these papers before the House. As regards the year 2007-08, the Committee was informed that the finalisation of accounts commenced only after the approval of previous year account i.e. 2006-07 and this had the cascading effect on the laying of the report. For years 2006-07 and 2007-08, it was apparent that the annual accounts could not be approved by the Board for audit. In both these years the Board took more than a year to approve the accounts for audit. In Committee’s opinion, these were all avoidable reasons. Had the organisation and the Ministry been sincere enough, the papers of the Assam Ashok Hotel Corporation Limited would not have got delayed. 4.27 The Committee noteed that Ministry had now prepared a time schedule which would ensure the timely laying of papers. But, merely preparing time schedule was not enough. The strict adherence to such schedule was necessary on the part of both the organisation and the Ministry. The Committee accordingly impressed upon the need to evolve a monitoring mechanism in the Ministry to ensure that the time schedule was strictly adhered to.

4.28 The Committee directed that in case of delay the Ministry should approach the Committee sufficiently in advance for seeking extension of time. While drawing the schedule, the Board should take into account the delay in successive stages of approvals, The Ministry should make all efforts for timely laying of papers on the Table of the Parliament.

4.29 The Committee also took into account the timely laying of annual reports and audit accounts of Assam Ashok Hotel Corporation Limited for the year 2008-09 and hoped that in future the papers should reach Parliament in time.

North Eastern Indira Gandhi Regional Institute of Health & Medical Sciences (NEIGRIHMS), Shillong

4.30 The Committee was constrained to note that this was a reflection on the functioning of the institute as well as the Ministry itself. As regards the shortage of trained personnel in their accounts department, the action should have been taken by the Ministry and the institute well in advance. The Committee felt that papers were delayed because of shortage of chartered accounts or the unavailability of trained personnel but mainly due to inordinate time taken by the institute in getting the accounts approved from governing council and the time taken by the Ministry to lay them on the Table of the House. This could definitely have been avoided. The Committee accordingly impressed upon both the institute as well as the Ministry to comply with the directions of the Committee and make papers available in time. 4.31 The Committee further took note of timely laying of Annual Report and Audited Accounts of the institute for the year 2007-08 but at the same time, it noted that the accounts for the year 2008-09 again got delayed and were yet to be laid on the Table of the House. This gave an impression that both the institute and the Ministry failed to adhere to the time schedule prepared by them. Committee accordingly advised both the institute and the Ministry that merely framing the time schedule was not enough but its compliance had to be ensured. 4.32 The Committee observed that this was not the right practice for the Ministry to seek extension of time by laying a statement on the Table of the House in respect of various organisations of the Ministry together without giving any reasons for delay in laying the papers. As per recommendations of this Committee, the Ministry has to seek extension of time for delayed laying of Annual Reports and Audited Accounts of an organisation falling under its control from the Committee by citing the reasons for delay in laying these papers. This practice was being followed by all the Ministries and Departments of Government of India and, therefore, the Ministry of Health and Family Welfare could be an exception. The attention of the Ministry was accordingly drawn to the recommendations to this Committee contained in its very first report presented to the House in 1982 Para 27 of the report provided that ‘in case of delay in laying the papers within the stipulated period, the administrative Ministry should approach the Committee sufficiently in advance for extension of time by explaining the reasons for doing so.’ 4.33 The Committee accordingly impressed upon the Ministry of Health and Family Welfare to adhere to the Committee’s directions not only in respect of the North-Eastern Indira Gandhi Regional Institute of Health and Medical Sciences, Shillong but also in respect of all the organisations falling under its administrative control.

4.34 The Committee also referred to its recommendations contained in its 95th Report presented to Rajya Sabha on 13th July 2004 in respect of delayed laying of Annual Report and Audited Accounts of the Institute. The Committee reiterated, its recommendations and directed both the Institute and the Ministry to strictly adhere to.

Padmaja Naidu Himalayan Zoological Park, Darjeeling

4.35 The Committee was constrained to note that in spite of considerable and persistent delay, the Ministry of Environment and Forests has failed to adhere to its long standing directive of seeking extension of time for valid reasons well in advance. The Committee felt that there were systemic bottlenecks that had caused persistent delays every year and that the Ministry had remained oblivious of persistent violation of the Committee’s recommendation. Considering the layers of approvals required the Committee also directed the Ministry to chalk out a time bound programme so that the arrears were cleared within a reasonable time.

4.36 The Committee directed the Ministry to seek extension of time as and when required.

4.37 The Committee took a serious view that in spite of well-defined recommendation that in case of delay, a comprehensive statement giving reasons for delay at each successive stage, in chronological order, setting forth the dates of accounts, their submission to Audit, receipt of draft Audit Report, translation and printing of accounts and thus submission to the Ministry for laying on the Table of the House, should be laid along with the Annual Report and Audited Accounts. The Ministry of

Environment and Forests had, however, laid as incomplete delay statement. The Committee hoped that in future the Ministry/ Organisation would adhere to recommendations of the Committee.

Himalayan Mountaineering Institute, Darjeeling

4.38 The Committee was constrained to note that there had been no improvement in the laying of Annual Report and Audited Accounts of the Institute despite Committee’s interaction with the representatives of Institute and the Ministry and assurance given by them. The papers for 2007-08 and 2008-09 were yet to be laid.

4.39 The Committee noted that the Institute had been seeking recurrent extensions for year 2007-08. The latest extension for 2007-08 had been sought till the ensuing Budget Session 2010, however for year 2008-09, the Ministry had sought extension even for successive sessions. The Committee strongly disapproved the practice of such requests for open-ended extensions without giving any valid viable reason. The Committee found this practice a reflection of indifference on the part of Ministry/Institute towards statutory obligations.

4.40 The Committee found the reasons given for persistent delay as implausible. In fact for year 2006-07, maximum time was taken by the Ministry and subsequently by the Executive Council of the Institute for approving the accounts. While audit was promptly completed within 17 days, the Ministry took two months to draft its review statement. Further two months were taken by the Executive Committee. In view of delay statement laid by the Ministry, the grounds like hartal for Gorkhaland etc. as presented by the Ministry before the Committee, appear to be flimsy. The Committee recommended that the Ministry should set its schedule in order.

4.41 The Committee further observed that the auditor has commented upon non-compliance of its annual observations by the Institute. This reflected poorly on the internal controls within the Institute. The Committee impreseds upon the Institute to strengthen it.

(c) 124th Report Betwa River Board (BRB), Jhansi 4.42 The Committee took note of the following constraints that had significant bearing over the delayed laying of papers by the BRB :

• Lack of trained accounting staff, which inter-alia reflected in the accounts of the Board and the inadequate and weak mechanism of audit in the Board and thereby causing protracted audit.

• New Format prescribed by the AG, MP needed preparation of accounts by the Chartered Accountant as the accounting staff was not trained to handle the new requirements.

• Inordinate time taken in receipt of audit certificate from C&AG after the accounts are audited by the AG, MP

• Layers of approval. Annual accounts are required to be approved by the Executive Committee before they are submitted to AG, MP, the replies to the audit queries are to be approved by Executive Committee and the audited accounts are again approved by the Executive Committee before they are sent for printing.

• The membership of the Executive Committee is drawn from multiple Central and State agencies and departments and therefore it has been difficult to convene its meetings on crucial issues.

The Committee therefore impressed upon the Ministry of Water Resources and the Board to streamline the procedures and if necessary take up the issue with C&AG with a view to remove the aforesaid constraints.

4.43 While the schedule decided by the Board took into account the preparation of accounts by the Chartered Accountant and the recurrent approvals by the Executive Committee, it does not account for the delays in convening its meetings. Further, given the lack of trained accounting staff at BRB, the Committee wondered if annual accounts could be prepared within the stipulated one month. The Committee was of the view that the annual accounts needed to be so prepared that it could withstand audit scrutiny without inviting recurrent and time taking queries. The Committee therefore directed the Board to ensure that standard accounting procedure were strictly adhered to. 4.44 The Committee also took note of the Accountant General’s audit comments, particularly on inadequacy and weakness of the internal controls in the Betwa River Board despite successive approvals of its accounts by the Executive Committee. The

Committee accordingly directed the Board to strengthen the internal audit mechanism so as to avoid recurring audit queries and thereby reducing the time taken in audit. 4.45 The Committee therefore reiterated its recommendations that the Ministry and the Board are obliged to comply with the statutory requirements of laying the papers within the prescribed nine months as recommended by the Committee. The Ministry and Board must therefore take all the necessary steps including the recurrent approvals by the Executive Committee within deadline prescribed by the Committee. 4.46 The Committee found that the Review Statements were largely routine statements. The Committee recommended that the Review Statements should also be critical appraisal of the performance so as to appraise the Parliament of true and fair picture of the organisation. In this regard, the Committee found its recommendations made in 8th Report in August 1983, still relevant, which stated:

“When a Report, Auditors’ Report, Note to Accounts or any other part of a Report refers to a serious irregularity or to a matter of importance requiring further enquiry/corrective measure, there should be a reply or an explanatory note on it, prepared by the management and submitted along with the Report before the House. If there is no reply or explanatory note in the Report, the Government in its Report/Review should make a mention of the irregularity and explain the causes and the remedial action taken. The Committee feels that when a report of an irregularity remains unanswered or unexplained, the Parliament is not given a full and fair view of the situation and to that extent, the Report is incomplete.” The Committee therefore reiterated its recommendation in 17th Report on Betwa River Board, presented in January,

1985, which stated “The Committee hopes that the future documents of the Betwa River Board shall be laid before Parliament within the stipulated period of nine months from the closure of the accounts and shall also incorporate replies to the audit objections/observations if any, so as to present a true and fair picture on the working of the board.”

4.47 Pending the proposed change in the existing statutes, the Committee recommended that the Ministry should pursue with the State Governments of UP and MP to provide adequate accounting staff trained in the standard accounting practices and computerized accounting procedures. 4.48 The Committee felt that management and maintenance of accounts of the board needs improvement. The Committee, therefore, impresses upon the Ministry and Board to take appropriate steps in this regard.

National Highways Authority of India (NHAI), New Delhi 4.49 The Committee observed that in the year 2000-01 and 2008-09, the annual accounts could be finalized by the 30th June deadline set by the C&AG. However during the intervening years finalization of annual accounts took even longer time. The Authority’s plea of multiplicity of PIUs, which led to delay in finalization of accounts particularly in the years 2001-02, 2004-05, 2006-07, was not tenable. The Committee, therefore, hoped that such a situation would not arise in future after using the e-PFMS software and recruiting the accounts personnel. 4.50 The annual accounts were required to be approved by the Authority, before they are sent for the audit. However till 2004-05, the Authority took inordinate time in approving the annual accounts. This could have been avoided, the Committee observed. The Committee directed the NHAI to ensure that such a situation did not arise in future. 4.51 The Committee took note of definite discrepancy in respect of timeline for submitting the accounts for audit. As per the NHAI Budget, Accounts, Audit, Investment of funds and Power to Enter Premises (Rules) 1988, the annual accounts were to be submitted to C&AG by the 30th September. However as per the instructions of the C&AG, the autonomous bodies are required to submit their annual accounts within three months of financial closure i.e. by 30th June of the year. The Committee therefore recommended that the relevant Rules in respect of last date of submission of annual accounts of the NHAI may be amended, in accordance with the instructions of C&AG.

4.52 The Audit covers Headquarters of NHAI and about 25-30 Project Implementation units out of about 100 PIUs, for the audit. It took about 4 months to complete the audit. However, the Committee was constrained to note that the number of audit observations/comments seeking reply/compliance has been rather high and time taking. For year 2007-08, there were 224 such comments which grew to 232 in 2008-09. As a consequence, except for 2002-03 and 2007-08, every year the audited accounts were received only after the passage of the last date of laying the Report i.e. 31st December. This was a reflection on the management of accounts in NHAI which gives an impression as if standard processes of accounts were not adhered to. The Committee therefore called upon the Authority to follow the same so that recurrent queries of audit were avoided or reduced to minimum.

4.53 There had been further critical delays by the Authority in approving the audited accounts. In 2001-02, the meeting of Authority had to be postponed thrice for the want of quorum. The Committee noted that due to other engagements of the part-time members, the crucial meetings of NHAI had to be postponed. The Committee recommended that the Ministry should take necessary steps to ensure timely approval of reports and accounts/audit by the Authority. 4.54 There was a need for prompt approval of pre and post audit accounts by the Authority. The new schedule as prescribed by the NHAI hopefully will take care of lapses in approval of accounts by the Authority. The Committee impressed upon the NHAI and the Ministry to strictly adhere to the schedule. 4.55 Large number of audit queries indicates inadequacy of internal control despite the approvals by the Authority. Therefore there was a strong need to strengthen internal controls. The needed for strengthening the internal controls has been underscored by the Audit. The Committee therefore impressed upon the Authority to go by the advice of audit.

4.56 The Government has prepared a manual for standardized accounting practices. The Committee wondered if there could be divergence of views, as stated by the Ministry, on the accounting policies and treatment between the NHAI and the audit teams despite such standardization in accounting practices. The Committee found it desirable that such divergence should be minimized and the accounting practices should be accordance with the prescribed manual. The Committee also recognized that the auditors have observed over/under statement of items. 4.57 As per the current practices, preparation of annual reports and audited accounts, translation and printing takes 5-6 months, this period should be reduced to fix into nine-month schedule. In this regard the Committee felt that the schedule of printing for the year 2007-08 as provided by the Ministry reflects an utter disregard for statutory requirement of laying the papers in time. It was startling that Ministry took more than a month in August to open the quotations for printing and another month to place the order for printing. 4.58 The Committee took note of the three phased audit adopted by the NHAI, and felt that if such phase-wise audit could be replicated by other organizations as well, to bring about greater audit control and for timely completion of audit. 4.59 The Committee took note of the computerization of accounts undertaken by the NHAI through e-PFMS software. The Committee took cognizance of the efforts made by the Authority towards linking the accounts of all the PIUs through Web so as to facilitate timely compilation of annual accounts. However, the Committee considered that mere computerization of accounts would not ensure the quality of accounting, as was evident from the higher number of audit comments on accounting practices, in successive years.

4.60 The Committee also noted that the NHAI has adopted different business models in the PPP environment, whether this has been factored into accounting practices and whether different internal audit procedures and external audit standards had been set in accordance with the changed business model. The Committee wondered if the new business models had any bearing over timely laying of audited reports. In this regard the Review laid by the Ministry should be more critical and objective in assessing the working of public private partnership. The Ministry’s review must be analytical enough to present true and fair picture instead of being a routine statement, the Review should be an appraisal of the performance of NHAI. 4.61 Regarding persistent failure of the Ministry in seeking extension, the Committee considered it to be reflection of prevalent attitude among certain Government organizations, of ignoring the statutory obligations and taking the statutory bodies for granted. The Committee therefore recommended that the Ministry of Road Transport and Highways should invariably approach the Committee for extension of time in case of delay in laying the Annual Report and Audited Accounts of NHAI on the Table of Rajya Sabha citing cogent reasons.

4.62 The Committee directed the Ministry and NHAI to ensure compliance of the above observations and recommendations. Securities and Exchange Board of India (SEBI), Mumbai 4.63 The Committee noted that Annual Reports and the Audited Accounts of SEBI are laid separately. Since the year 2001-02, the Annual Report of the SEBI was laid in time i.e. before 31st December of that year. 4.64 The Committee was, however, constrained to note that the Audit Accounts of the Board except for the years 2002-03 and 2005-06 were not laid within the stipulated period of 9 months. The Committee was surprised to learn from the Ministry when it stated that there was no prescribed time line for laying of the Annual Reports and Audited Accounts of the Board before the Parliament. In this connection, the Committee drew the attention of both the Ministry of Finance and the SEBI to Committee’s First report, (Para 26) presented to the House in August, 1982. The said recommendation of the Committee is reproduced below:

“The Committee recommends that the copies of the Annual Reports and Audited Accounts of Public Undertaking established by Acts of Parliament or Government Companies incorporated under the Companies Act, 1956 or Societies registered under the Societies Registration Act, 1860 or any other organisation/board for which annual report etc. are to be placed on the Table of the House of Parliament, together with the Report/Review/comments of the Auditor and the Comptroller and Auditor General of India wherever necessary and the Report/Review of the Government should be laid within nine months of closure of the accounts. The timely laying of these papers on the Table of the House apprises Parliament of the functioning of the Public enterprises.”

4.65 In view of the above recommendation, the plea of the Ministry that there was no prescribed time limit, was not acceptable. It rather reflected the ignorance on the part of Ministry of Committee’s recommendations made by it in its very first report. It was also a reflection on the Ministry’s functioning with regard to fulfilling the Parliamentary obligations which certainly includes the compliance to the recommendations of the Parliamentary Committees. The Committee, therefore, impressed upon the Ministry to ensure the compliance of the Committee’s recommendation. 4.66 The Committee took note from the information furnished by the Ministry in writing and also from the deposition of the Finance Secretary before the Committee that the main reason of delayed laying of Annual Accounts before the Parliament was inordinate time taken by C&AG, which varied from 4 months to 12 months. The Committee also took note of the observations of the Secretary that the Committee may consider to extend the 9 months’ time for laying the Annual Audited Accounts of the Board. The Committee observed that this recommendation of the Committee was being followed by all the Ministries and Departments of Government of India in respect of bodies/ organisations falling under their administrative control whose report is required to be laid before the Parliament. The Committee strongly felt that SEBI could nott be an exception to this rule and compliance to the recommendation of the Committee is a must. 4.67 The Committee was also constrained to note that despite the fact that accounts were being delayed on account of prolonged audit by C&AG, it never tried to approach C&AG to sort out the matter. The Secretary, however, in the course of deliberations assured the Committee that he would take up the issue with C&AG in future. The Committee felt, had the Ministry and SEBI taken the issue with C&AG earlier , the delayed laying of the papers could have been avoided or the period of delayed laying could have been substantially reduced. 4.68 The Committee accordingly advised both the Ministry and the Board to resolve the issue of inordinate time taken in audit with C&AG. In this regard, the Committee may like to share its experiences with other organisations where the auditors took longer period because the accounts of those organisations were not maintained properly and standard procedures were not followed which resulted in recurrent queries from auditors and clarifications to be furnished by those organisations to auditors. It resulted in causing delay in the process of audit. Committee suggested that the Ministry and Board may also take into account this aspect also and rectify if such lapses weretaking place in SEBI. 4.69 The Committee observed that the Ministry had always failed to seek extension of time from the Committee for laying the papers after the stipulated period. Taking note of the assurance given by the Finance Secretary, the Committee believed that the direction of the Committee will be complied with in future. 4.70 A perusal of the schedule being followed by the Board for finalisation of accounts revealed that it took 3 months to finalise the accounts. In view of the automation and computerisation of accounts in the Board, Committee feels that this period can be reduced substantially. By doing so, the Board may submit accounts to audit much earlier, thereby giving more time to C&AG and thereby ensuring timely laying of papers before the House. 4.71 The Committee further observed that the Ministry also failed to lay the comprehensive delay statements along with the Annual Accounts of the SEBI. In this connection, the Committee invited the Ministry’s attention to its 22nd Report, Para 3.7 which describes the contents of statements giving reasons for delay. The recommendation of the Committee provided that it should contain information in chronological order setting forth the dates of compilation of accounts, their submission to Audit, receipt of draft Audit Report, replies given to audit queries, receipt of final Audit Report, translation and printing of Accounts and their submission to the Ministry for laying on the Table of the House so that the House may identify the stages, causes and extent of delay and suggest remedial measures wherever required. In the case of SEBI, the delay statements laid along with the accounts were not comprehensive enough giving the information as per Committee’s recommendations. The Committee, therefore, impressed upon the Ministry to strictly adhere to this recommendation in case of delayed laying of papers. 4.72 The Committee directed the Ministry to have a Monitoring Mechanism in the Ministry to ensure the timely laying of the Annual Reports and Audited Accounts, not only the papers of the SEBI but of all organisations falling under its control.

VI. Secretariat

4.73 The Committee Section (COPLOT) consisted of the Assistant Director, Committee Officer and two Sr./Jr. Clerks who provided the Secretariat assistance to the Committee. The Joint Secretary, Director, Joint Director and Deputy Director remained incharge of the Branch.

4.74 To assist the Committee in its work, the Annual Reports and Audited Accounts of various Government Companies/Organisations laid on the Table of Rajya Sabha and the material received from the Ministries/ Departments/Government Companies/Organisations were studied, on the basis of which points were culled out and questionnaires/Memoranda /points for discussion on the subject for evidence/visits were prepared for the use of the Committee.

4.75 The work relating to drafting of reports by the Committee, their consideration and approval along with their presentation, laying, printing and distribution was undertaken.

ANNEXURE-V

(See Para 4.4) Details of sittings of the Committee on Papers Laid on the Table

Sl. No.

Date Duration Hrs. Mts.

Subject

1 2 3 4 1. 12.01.2010 1.40 The Committee considered Delayed laying of Annual Report and

Audited Accounts of Tea Board, Kolkata and Tobacco Board, Guntur, Andhra Pradesh on the Table of Rajya Sabha.

2. 21.01.2010

1.10 Delayed laying of Annual Report and Audited Accounts of Indian

Council for Cultural Relations (ICCR), New Delhi and Haj Committee of India, Mumbai.

3. 28.01.2010 0.40 Delayed laying of Annual Report and Audited Accounts of National Institute of Biologicals and Indian Nursing Council, New Delhi .

4. 08.02.2010 0.45 Delayed laying of Annual Report and Audited Accounts of Council for Advancement of Peoples Action and Rural Technology (CAPART), New Delhi and National Institute of Rural Development (NIRD), Hyderabad

5. 25.03.2010 0.45 Office of the Comptroller and Auditor General of India and Consideration and adoption of draft 122nd and 123rd Reports of the Committee.

6. 09.04.2010

1.45 Delayed laying of Annual Report and Audited Accounts of Food Corporation of India (FCI), New Delhi .

7. 26.04.2010 1.00 Delayed laying of Annual Reports and Audited Accounts of Centre for Development of Telematics (C-DOT), New Delhi and Telecommunications Consultants India Limited (TCIL), New Delhi on the Table of Rajya Sabha.

8. 28.05.2010

1.00

Delayed laying of Annual Report and Audited Accounts of National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, New Delhi and National Institute for Mentally Handicapped (NIMH), Secunderabad.

9. 01.11.2010 1.15

Delayed laying of Annual Report and Audited Accounts of All India Council for Technical Education (AICTE), New Delhi and Indian Red Cross Society (IRCS), New Delhi on the Table of Rajya Sabha.

1 2 3 4 10.

23.11.2010

1.35

Delayed laying of Annual Report and Audited Accounts of Centre for Railway Information System (CRIS), New Delhi National Commission for Minorities (NCM), New Delhi on the table Rajya Sabha.

11.

22.12.2010

1.05

Delayed laying of Annual Report and Audited Accounts of Delhi State Industrial and Infrastructural Development Corporation (DSIIDC) and National Human Rights Commission (NHRC), New Delhi on the Table of Rajya Sabha.

CHAPTER-V

COMMITTEE ON ETHICS I. Composition of the Committee 5.1 The Committee was constituted on 8th July, 2009. The following was the composition of the Committee:

COMMITTEE ON ETHICS

(Constituted on the 8th July, 2009) 1. Dr. Karan Singh — Chairman 2. Shri S. S. Ahluwalia 3. Shri Sitaram Yechury 4. Shri Janeshwar Mishra 5. Shri Satish Chandra Misra 6. Dr. V. Maitreyan 7. Shri Shivanand Tiwari 8. Shri D. Raja 9. Shri Tariq Anwar 10. Shri H. K. Dua


COMMITTEE ON ETHICS

(Re-constituted on the 29th September, 2010) 1. Dr. Karan Singh — Chairman 2. Shri S. S. Ahluwalia 3. Shri Satish Chandra Misra 4. Shri Sitaram Yechury 5. Shri Shivanand Tiwari 6. Shri Tiruchi Siva 7. Shri Tariq Anwar 8. Shri Pyarimohan Mohapatra 9. Shri Mohan Singh 10. Dr. V. Maitreyan

II. Review of work done (a) Sittings of the Committee

5.3 During the year 2010, the Committee held four sittings* lasting for three hours. A statement showing the date of sitting of the Committee held during the period under review, the duration of sittings and the main agenda taken up is given in Annexure-VI.

(b) Study Visits — Nil

III. Reports Presented —

5.4 During the year 2010, the Committee did not present any report to the House. IV. Secretariat 5.5 The Committee Section (Ethics) headed by an Assistant Director constitutes the Secretariat of the Committee. Joint Secretary and a Director remained incharge of the Branch. 5.6 The work of maintenance of the Register containing information of “Members’ Assets and Liabilities” under the Members of Rajya Sabha (Declaration of Assets and Liabilities) Act, 2004 and the “Register of Members’ Interests” in terms of Rule 293 of the Rules of Procedure and Conduct of Business in the Council of States, was undertaken by the Section.

* A sitting of Committee scheduled for 26/08/10 could not be duly constituted for want of quorum.

5.7 During the period under reference, five complaints alleging breach of Code of Conduct were received. The complaints were examined as per the provisions of the relevant rules. 5.8 The Section also processed twenty-seven requests received from the CPIO, Rajya Sabha Secretariat for supply of information under the Right to Information Act, 2005. The requisite information was furnished within the stipulated time.

-----------

ANNEXURE-VI (See Para 5.3)

Details of the sittings of the Committee on Ethics during the year 2010.

Sl. No.

Date of meeting

Duration

Hrs.-Mts.

Subject

1

2 3 4

1. 15.02.2010

0.15 An obituary reference was made to the passing away of Shri Jameshwar Mishra, Member, Committee on Ethics.

2. 28.04.2010

1.00 The Committee considered—.

(i) Memorandum No.3/2009 regarding a reference made by Hon’ble Chairman, Rajya Sabha in the context of an editorial in the Times of India, raising public concerns over MPs having business interests, being represented on various Parliamentary Committees, underlining the need to frame stringent guidelines regarding appointments to Parliamentary panels;

(ii) Memorandum No.4/2009 regarding amendment in sub-rule (3) of Rule 293 of the Rules of Procedure and Conduct of Business in the Council of States; and

(iii) Memorandum No.5/2009 regarding furnishing of information in respect of pecuniary interests of Members of Rajya Sabha as contained in the ‘‘Register of Members Interests’’ under sub-rule (3) of Rule 293 of the Rules of Procedure and Conduct of Business in the Council of States.

3. 20.10.2010 1.45 The Committee further considered Memorandum No. 4/2009 regarding amendment in sub-rule (3) of Rule 293 of the Rules of Procedure and Conduct of Business in the Council of States and Memorandum No. 5/2009 regarding furnishing of information in respect of pecuniary interests of Members of Rajya Sabha, as contained in the "Register of Members' Interest" and Memorandum No.1 of 2010 regarding a reference made by Hon'ble Chairman, Rajya Sabha in the context of an article published in the Hindustan Times concerning conflict of interests relating to the Members of the Rajya Sabha.

CHAPTER-VI

COMMITTEE ON COMMERCE


6.1 The Committee was constituted on 31st August, 2009. The following was the composition of the Committee:

COMMITTEE ON COMMERCE (Constituted on the 31st August, 2009)

1. Shri Shanta Kumar ⎯ Chairman

RAJYA SABHA

2. Shri V. Hanumantha Rao 3. Dr. K. Keshava Rao 4. Shri Arun Jaitley 5. *Shri A. Vijayaraghavan 6. Shri Jai Prakash 7. #Shri Prem Chand Gupta 8. Shri Rahul Bajaj 9. @Shri Mohammed Adeeb 10. **Prof. P. J. Kurien

LOK SABHA

11. Shri G. S. Basavaraj 12. Shri K. P. Dhanapalan 13. Shri Shivarama Gouda 14. Shri Dilip Singh Judev 15. Shri Nalin Kumar Kateel 16. Shri Sakti Mohan Malik 17. Shri O. S. Manian 18. Shri Somen Mitra 19. Shri Deoraj Singh Patel 20. Shri Sanjay Dina Patil 21. Shri Jagdish Singh Rana 22. Shri G. Sukender Reddy 23. Shri M. Venugopala Reddy 24. Shri Vishnu Deo Sai 25. Shri M. I. Shanavas 26. Shri Balkrishna K. Shukla 27. Shri Kalikesh Narayan Singh Deo 28. Shri Rajaiah Siricilla 29. Shri K. Sudhakaran 30. Shri Thirumaavalavan Thol 31. $Shri Yashvir Singh ________________________________________________________________________________ *Nominated w.e.f 23rd December, 2009 vice Shri Mohammed Amin nominated to Committee on Coal and Steel. # Nominated w.e.f 17th September, 2009 @ Nominated w.e.f. 17th September, 2009 ** Nominated w.e.f 31st December, 2009 $ Nominated w.e.f 14th October, 2009

6.2 The Committee was re-constituted on 31st August, 2010. The following was the composition of the Committee:

COMMITTEE ON COMMERCE (Re-constituted on the 31st August, 2010)

1. Shri Shanta Kumar ⎯ Chairman

RAJYA SABHA

2. Prof. P. J. Kurien 3. Shri V. Hanumantha Rao 4. Dr. E.M. Sudarsana Natchiappan 5. Shri Arun Jaitley 6. Shri Jai Prakash 7. Shri K.N. Balagopal 8. Shri Ishwarlal Shankarlal Jain 9. #Shri Prem Chand Gupta 10. #Shri Y. S. Chowdary

LOK SABHA

11. Shri G. S. Basavaraj 12. Shri Kalikesh N. Singh Deo 13. Shri K. P. Dhanapalan 14. Shri Shivarama Gouda 15. Shri Sk. Saidul Haque 16. Shri Dilip Singh Judev 17. Shri Nalin Kumar Kateel 18. Shri O. S. Manian 19. Shri Somendra Nath Mitra 20. Shri Deoraj Singh Patel 21. Shri Sanjay Dina Patil 22. Smt. Kamla Devi Patle 23. Shri Jagdish Singh Rana 24. Shri Gutha Sukender Reddy 25. Shri Modugula Venugopala Reddy 26. Shri Vishnu Deo Sai 27. Shri M. I. Shanavas 28. Shri Yashvir Singh 29. Shri Rajaiah Siricilla 30. Shri K. Sudhakaran 31. Shri Thol Thirumaavalavan # Nominated w.e.f. 17th September, 2010

The Ministry of Commerce and Industry (Department of Commerce and Department of Industrial Policy and

Promotion) is under the purview of the Committee’s scrutiny. II. Subjects selected for Examination

6.3 During 2010, the subjects taken up by the Committee were as under:-

Sl. No.

Subject taken/Bill referred Status

1. Performance of Cement Industry.

(The Committee inherited the subject from the previous Committee).

The Draft Report on the subject was considered and adopted on 29th December, 2010 and is yet to be presented in the Parliament.

2. Export Promotion Schemes pertaining to Agricultural and Processed Food Products

Examination of the subject is in progress.

3. The Impact of Free Trade Agreement between India and other neighbouring countries including ASEAN, on the domestic industry and plantation sectors.

-do-

III. Review of work done


6.4 Till December 2010 the Committee held 29 sittings lasting for about forty six hours and seventeen minutes. The details of the meetings are given in Annexure VII.

(b) Sittings of the Sub-Committees

6.5 No Sub-Committee was constituted during the period under review.

6.6 Verbatim record of proceedings of each sitting of the Committee, in which evidences were taken, was kept.

Study Visit (s)

6.7 During the year, the Committee undertook one on-the-spot study visit(s) to various institutions/project sites, etc., as per the details given below, in connection with the subject(s) under examination:—

Sl. No.

Dates of visits

Places visited In connection with (subjects)

1. 11th - 16th July, 2010 Andhra Pradesh, Tamil Nadu and Kerala

Performance of Cement Industry.

Reports presented

6.8 During the year 2010, the Committee presented/laid the following Reports in both the Houses:

Sl. No.

Report No. Date (s) of Presentation/Laying

in Rajya Sabha /Lok Sabha

Subject

1 2 3 4

1. 92nd 26.03.2010 Foreign Trade (Development & Regulation) Amendment Bill, 2009.

2. 93rd 29.04.2010 Demands for Grants (2010-11) of the Department of Commerce (Ministry of Commerce and Industry).

3. 94th 29.04.2010 Demands for Grants (2010-11) of the Department of Industrial Policy and Promotion (Ministry of Commerce and Industry)

6.9 Minutes of sittings of the Committee on Commerce relating to various Reports presented / laid in the Houses were prepared, alongwith the respective Reports.

Summary of Recommendations

6.10 Summary of important recommendations of the Committee made in its reports presented during 2010 is as under:-

a) 92nd Report on Foreign Trade (Development & Regulation) Amendment Bill, 2009

6.11 The Department Related Parliamentary Standing Committee on Commerce, in its 92nd Report inter alia, made the following major recommendations: Inclusion of services and technology 6.12 The Committee took note of the fact that besides the trade in goods, the trade in technologies and services is also ever expanding. The firms involved in trading in services and technologies are availing various fiscal benefits under the Foreign Trade Policy, but the existing FTDR Act does not cover the services and technology-related matters. The Committee, therefore, while agreeing with the objective behind bringing services and technology within the ambit of the Act, felt that the Government should not do anything which will create an impediment to the growth of services and technology sectors, particularly the IT sector. The Committee, therefore, in the Report recommended that the provisions of the Sub-Section (2) of Section 3 of the Act shall be applicable, in case of import or export of services or technology, only when the importer or exporter of the service or technology is taking benefits under the Foreign Trade Policy or is dealing with specified services or specified technologies which are separately defined in the Bill.

6.13 The Committee also took note that trade in services is entirely different from trade in goods. Various laws and regulatory agencies are existing to regulate the services sector. So, it is not possible to exactly classify ‘services’, unlike ‘goods’, which are classified up to the 8 digit level under ITC (HS) code. Therefore, the words “or provision for services or technology” occurring twice in clause 3 (b) and the proviso thereto be deleted. Further, the Committee recommended for revision of the proviso to Section 7, to exempt technology also from the requirement of the Importer-exporter Code Number, except when the importer/exporter of technology is taking benefits under the foreign trade policy or is dealing with specified services or specified technologies”.

6.14 The Committee observed that Clause 10 of the Bill sought to extend the power of seizure to cases relating to technology and services also. The Committee understood the importance of bringing tighter trade control mechanism through seizure but, simultaneously felt that this could become an instrument of regulatory harassment, especially for the IT industry, as it provides a broad definition of what can be seized. Therefore, the Committee was of the view that the power of seizure should be applicable only when the importer or exporter of service or technology is taking benefits under the foreign trade policy or is dealing with ‘specified services or specified technologies.

6.15 Further, the search and seizure should be permitted only with the approval of a very senior officer of the Directorate General of Foreign Trade, and a suitable provision to ensure this be incorporated in the Rules.

Tighter export and trade control in the case of dual use goods and related technologies 6.16 The Committee agreed with the provisions relating to tighter export control in the case of dual use goods and related technologies. In order to make the definition of “specified goods or services or technology” clear and unambiguous in Clause 2 (l), in place of the words “or in respect of which conditions have been” be replaced with the words “because of imposition of conditions on the grounds” Imposition of quantitative restrictions 6.17 The Committee noted that Clause 9 seeks to insert a new Chapter III A, with the heading “Quantitative Restrictions”, after Section 9 of the Act. This was proposed to protect the domestic industry from serious injury in case there is disproportionate and undesirable surge in imports. Such kind of measures are available for all the WTO member countries, yet safeguard measures are not provided for under any Indian law. The Committee noted that the proposed Quantitative Restrictions (QRs) are to be made applicable only in respect of ‘goods’. To make this amply clear in the Bill, the Committee recommended that the words “article/ articles”, wherever appearing in Clause 9, be substituted by the word “goods”. The Committee also recommended that an effective mechanism should be put in place for consultation with affected or likely to be affected parties, before imposing the Quantitative Restrictions. It should be ensured that the Rules framed under this Section be displayed on the website of the Department and be given wide publicity amongst general public/ stake holders.

6.18 The Committee observed that provisions of the present legislation would also affect the legislative domain of several other Ministries i.e., safeguard duties come under the purview of the Department of Revenue, while QRs will be imposed by the Department of Commerce. Moreover, by bringing in the services and technologies under the ambit of the Act, this legislation would have considerable impact on the Information Technology services and financial services. Further, some of the industrial associations, while deposing before the Committee, expressed apprehension that imposition of QRs in some cases could adversely affect their interest. In view of all these, the Committee recommended that a High Powered Committee, headed by the Secretary or the Additional Secretary in the Department of Commerce, be constituted, with very senior representatives from the Department of Revenue; Ministry of Micro, Small and Medium Enterprises; Department of Industrial Policy & Promotion; and other Ministries dealing with the major items of import, to periodically review the imposition of Quantitative Restrictions. Appropriate provision for the same is to be made in the Rules.

6.19 The Committee further recommended that the Department of Commerce should ensure that there are appropriate legal safeguards for imposing Quantitative Restrictions in respect of agricultural goods also. The Department should examine the feasibility of imposing Quantitative Restrictions on the import of goods, which are hazardous to human health and environment.

b) 93rd Report on Demands for Grants (2010-11) of the Department of Commerce (Ministry of Commerce and Industry). Plan Outlay and Budgetary Allocations 6.20 The Committee expressed its concern about the fact that out of a total approved Plan outlay of Rs. 9,916 crores for the 11th Five Year Plan, only Rs. 6,277 crores have been allocated to the Department so far. Now that only one year is left in the 11th Five Year Plan, and only 63% of the approved Plan outlay has been allocated to the Department so far, the Committee was of the view that the Department should impress upon the Planning Commission and the Ministry of Finance to substantially increase the outlay for the year 2011-12, so as to achieve the targets, as envisaged in various schemes of the Department.

Foreign Trade Policy and other export related issues 6.21 While examining the export related issues and the foreign trade policy, the Committee felt that export without value addition of raw materials like iron ore, should not take place at the cost of the country’s natural resources. The Committee felt that export of minerals as raw material leads to loss of foreign exchange as the country is importing the finished products of the same materials at a higher rate. The Committee recommended that the Department should have a relook of its policy related to export of raw materials and suitable policy initiatives taken in this regard.

6.22 It was suggested that in order to meet the stated objectives of the Foreign Trade Policy (2009-14), the Government should carry out sectoral reviews, to asses the impact of the policy measures on Indian exports and take appropriate initiatives to make the necessary mid course corrections in the FTP, wherever required.

6.23 On the question of duty refunds, the Committee recommended that the Department of Commerce should impress upon the Ministry of Finance to consider exempting the exporters totally from payment of Service Tax, instead of refunding the same to them. The Department should also have a re-look into the time attached with the refund mechanism. The Department should take up with the Finance Ministry to allocate adequate funds to ensure full refund of pending dues of CST and terminal excise duty and duty drawback.

6.24 The Committee also recommended that the Government should consider extending the facility of interest subvention of 2% on pre and post shipment export credit for all the sectors, till 31st March, 2011.

Reduction in Transaction Cost

6.25 The Committee noted that Export Credit Guarantee Corporation of India Limited charged hefty premium for the financial guarantee provided by it to banks. The Committee recommended that the Government should take steps to rope in such insurance companies who can offer competitive insurance rates and better services, and also undertake similar activities like ECGC, so as to protect the interests of the exporters.

6.26 The Committee noted that the Container Corporation of India Limited (CONCOR) is also charging high rates from the exporters. The Committee recommended that the Department should coordinate with CONCOR and impress upon them to review their present charges and to come out with exporter-friendly, cost-effective, efficient, reliable and quality logistics measures in order to help the exporting community and save on their transaction costs. The Department should explore the possibility of having more players in this field to provide such facilities.

6.27 The Committee recommended that the Government should put in place a mechanism to establish a faster ‘single window clearance’ system at all the Airports, Ports, Land Customs Stations (LCSs) and Inland Container Depots (ICDs) etc., based on simple rules and procedures, for promotion of exports. The Committee emphasized that the Government should accord ‘Top Priority’ to provide the export infrastructure of international standards, by having close coordination with various concerned agencies, at both the Central and State levels.

Indian Trade Commissions abroad

6.28 The Committee felt that there is a need to strengthen Indian Missions in foreign markets such as Eastern Europe, Central Asia, Latin America and Africa to bridge the information gap and to provide real time market intelligence. The Indian Trade Commissions abroad should undertake effective trade promotional activities like organising business meetings, wherein the Indian exporters could have a one-to-one business interaction with their local counterparts. The Budget allocation for Trade Commissioners should be enhanced suitably for strengthening the existing commercial offices and for setting up new ones in

new potential markets. The Department should also monitor the performance of the Commercial Wing of Indian Missions abroad on regular basis against tangible targets.

6.29 Similarly, the budget allocation under the Market Development Assistance(MDA) Scheme should be enhanced significantly and Chambers of Commerce, should be given grants, to help promote country’s export to various untapped markets in the world.

Aside Scheme

6.30 The Committee felt that one of the major deficiencies affecting our exports was the infrastructural constraints. It was recommended that the Department should try to obtain higher allocations for the Central Assistance to the States for Developing Export Infrastructure and other Allied Activities (ASIDE) Scheme as well as coordinate with other Departments/agencies/State Governments for improvement of the infrastructure and to remove the bottlenecks being faced by the exporters.

National Export Insurance Account

6.31 The Committee noted that approved outlay of National Export Insurance Account (NEIA) for the 11th Five Year Plan has been scaled down to 1000 crores and felt that the Department should clearly come out with the reasons for lesser allocation for NEIA and see whether this organization is capable of achieving its objectives originally envisaged, even with a lesser corpus in the fund.

Export of Agricultural and Marine Products

6.32 The Committee felt that a steady and positive growth of exports of agricultural products generates revenue, domestic employment and lifts the morale of the agricultural community as a whole. Therefore, the Government should put in place a mechanism for promoting export of agricultural products. In this context the Government should examine the feasibility of allowing export of selected varieties of premium quality non-basmati rice. The Department should also take action, on priority basis, in coordination with the Ministry of Finance, to check illegal import of betel nuts into the country. The Committee noted that there is no dearth of coconut oil in the country, which can be used in place of palm oil which is basically imported from outside. It was recommended that the Department should, therefore, impress upon the Ministries of Agriculture and Consumers Affairs, Food and Public Distribution to take necessary steps to promote consumption of coconut oil in the country, as an alternative to palm oil, so as to restrict the import of palm oil.

6.33 The Committee also recommended the establishment of Good Laboratory Practice (GLP) certifying authorities of international standards in India to certify domestic agro-chemical products.

6.34 The Committee found that export of marine products plays a significant role in the economy of the country and contribute towards poverty alleviation and employment. It is imperative upon the Department to take serious and appropriate steps for strengthening Marine Sector by means of financial, technological and other related assistance. The Committee recommended that Government should put in place a mechanism, so as to arrest the downward growth in the exports of marine products. The Department should also extend financial assistance/incentives to fishermen/farmers, engaged in the production of various marine products.

Plantation Sector

6.35 As regards tea plantation the Committee noted that ageing bushes / plants are a major constraint in the growth of the Tea Sector. The Department should make all out efforts to achieve the targets set for new planting, replanting and rejuvenation of old plants. For this, thrust should be given to planting high yielding varieties, in place of unproductive old plants. The SPTF Scheme should be publicised and more tea companies should be motivated to avail of the scheme. There should also be some scheme for registration of those small tea growers, who do not have land pattas, but have the skills to grow tea, as extension of financial assistance for such small tea growers was the need of the hour. The Department should also expedite setting up of the Small Growers Directorate, whereby these small growers can get some kind of registration and the benefits under the Central Scheme start flowing to them. The Committee also recommended that the Government should make all out efforts to open the remaining closed tea gardens.

6.36 Regarding the Coffee sector, the Committee recommended that the Government should ensure timely implementation of the schemes for development support to Coffee in the current financial year. It should give more incentives to Coffee growers for replantation.

6.37 The Committee recommended that the Government should strive to achieve the targets of the Rubber Plantation Development Scheme so as to increase the productivity of rubber. The scheme should not under perform due to shortage of funds. The Department should try to get enhanced allocation for quality upgradation scheme at the RE stage. The Committee

strongly recommended that the Crop Insurance Scheme should be made operational immediately and steps be taken for its popularisation amongst the Tea, Coffee, Rubber and Spices growers and for their speedy enrolment under this Scheme.

6.38 The Committee was also of the view that the Department should also take urgent measures so as to ensure increased production of pepper in the country. The Commerce Department should also make concerted efforts to bring the production of pepper under its ambit, so that more focussed attention is given to the development of this sector. The Committee recommended that the Spices Board should keep identifying areas across the country where more spices parks could be established. The Committee also recommended that Department should take up the matter of setting up of Cashew Board seriously and get it expedited during the current financial year itself.

Trade Promotion in North East

6.39 With regard to trade and export promotion in the North-East India the Committee suggested that Government should review its present policies for development of trade and commerce in the North East India and expand the scope of these schemes to bring in more and more people / business communities to contribute towards exports of the country. There should be proper and expeditious Centre-State level coordination, so as to avoid delays in implementation of any scheme / project.

India Trade Promotion Organisation (ITPO) 6.40 The Committee observed that there were several deficiencies in the trade pavilions of the India Trade Promotion Organisation (ITPO). It recommended that ITPO should get requisite land in the outskirts of Delhi for a new pavilion, preferably on a highway to avoid severe traffic jam on fair and exhibitions days. The proposed structure should be state-of-the-art one to provide all the requisite facilities / amenities to traders / visitors under one roof.

c) 94th Report on Demands for Grants (2010-11) of the Department of Industrial Policy and Promotion (Ministry of Commerce and Industry).

Budgetary Allocations

6.41 The Committee, while examining the budgetary allocations of the Department for the last year and its utilization, observed that the Department was unable to get the required funds for its many important Schemes, like modernization & strengthening of Intellectual Property Office, Indian Leather Development Programme, etc., because it had failed to make a realistic assessment of its requirement. Non-utilization of the allocated budget appeared to have led to drastic cut of 100 crores by the Ministry of Finance at RE stage. The Committee noted that in view of lack of adequate funds for important Schemes, the envisaged results would be difficult to be achieved by the Department. The Department should impress upon the Ministry of Finance and the Planning Commission to get enhanced allocations for these schemes at RE stage. At the same time, the Department should ensure that budget allocation must be utilized properly.

Challenges before the manufacturing sector

6.42 The Committee noted that the major challenges faced today by the Indian manufacturing sector are inadequate infrastructure, non availability of uninterrupted power supply, high cost of capital, tax disabilities, lack of labour reforms and shortage of skilled manpower. In view of this, the Committee strongly recommended that in order to achieve the objective of accelerated growth of the manufacturing sector, the Government should focus on infrastructure improvement. It should look into the feasibility of developing National Manufacturing and Investment Zones. For this, certain areas should be identified as centers of excellence, for supporting the development of the manufacturing sector. These centers could have the benefit of superior infrastructure, easier clearances and approval mechanisms, suitable taxation systems etc. The Government should have an earmarked “innovation/technology fund”, for the use of industry, for acquisition and development of specific and critical technologies.

Transport Subsidy Scheme

6.43 As regards the Transport Subsidy Scheme, the Committee observed that the scheme is specially devised to address the problems of transportation in hilly areas and strong action should be taken to stop any misuse of the scheme. The Committee was of the view that industries, which are not eco-friendly, should not be given benefit under the scheme. Like in Himachal Pradesh, a negative list of industries in the North East should also be prepared. The Government should conduct a study to examine the correlation between the export performance of the State and the quantum of Transport Subsidy awarded to that State. The Government should also consider extending Transport Subsidy Scheme to Orissa, Chhattisgarh and Jharkhand, where exporters are facing lots of difficulties due to naxalism, as well as inaccessible terrain, to send their products to nearest container ports.

Industrial Infrastructure Upgradation Scheme (IIUS)

6.44 The Committee observed that projects/clusters under the recast Industrial Infrastructure Upgradation Scheme (IIUS) should be completed within the specific time-frame and adequate safeguards should be there to ensure that the projects do not lag behind their schedule. The implementation of the IIUS depends upon, the ability of Special Purpose Vehicle (SPV) to monitor the activities properly. Adequate mechanism should be put in place to monitor the working of SPVs. The SPVs, working remarkably well, can be considered for incentives. The difficulties faced by the SPVs in implementation of the scheme should be addressed by the Project Management Agency on priority basis.

Trade Marks and Patent related issues

6.45 The Committee observed that finding Information Technology solutions to the trade mark related cases is the need of the hour. Hence, the project which was underway to provide facilities for online filing through payment gateway and web- enabled trademark transactions should be implemented expeditiously. The Committee also recommended that the Department should make all out efforts to complete the work of construction at New Delhi and Ahmadabad and fill up posts of examiners, to ensure prompt disposal of Patents and Trade Marks applications.

6.46 The Committee noted that some pharma companies use the practice of ‘evergreening’ to unreasonably extend the life of the patent by making claims based on trivial changes to the original patented product. Therefore, the Committee directed that in order to control the prices of life saving drugs, the Government should be more vigilant in setting high standards of judging incremental innovations, so that efforts on evergreening are scrupulously prevented. Strict guidelines should also be formulated for examining the patent applications involving micro organisms, from the point of the view of substantial human intervention and utility.

Leather Industry

6.47 The Committee had detailed discussions about the difficulties faced by the leather industry. It was suggested that the Government should plan to install Common Effluent Treatment Plants in all the States, where leather industry is functioning, in order to avoid closure of the industries on account of pollution. A study may also be conducted to find out the real causes for the decline of leather industry in Andhra Pradesh and, accordingly, come up with strategies to save the leather industry hubs in Andhra Pradesh and other places in the country. All the sub schemes under Indian Leather Development Programme (ILDP) should be implemented properly, through proper monitoring mechanism. The sub scheme Development of Leather Parks should be given wide publicity so that large number of proposals is received for setting up of Leather Parks.

Institutions under the Department and ongoing projects

6.48 The Committee recommended that the National Accreditation Board for Hospitals and Healthcare Providers (NABH) should make efforts for early disposal of applications for accreditation. Health is a major parameter of social development. In a country like India, where crores of people are still deprived of primary health services, responsibilities of NABH assume greater significance. Adequate funding and creation of additional posts, for this purpose, is desirable.

6.49 The Committee emphasized on developing quality institutions for betterment of manufacturing technology and recommended that Nano Manufacturing Technology Centre (NMTC), Academy of Excellence for Advanced Manufacturing Technology (AEAMT) and Advanced Machine Tools Testing Facility, being the flagship projects of Central Manufacturing Technology Institute (CMTI) should be made fully operational within a specific time frame. The Government should strive to achieve the objectives of these projects, by monitoring the progress of their implementation. Moreover, the Government should envisage an expansion programme for CMTI, and a few branches of CMTI should be set up in major cities, so that proliferation of latest technology and innovations in this field can be speeded up.

6.50 The Committee recommended that Indian Rubber Manufacturers Research Association (IRMRA) should be provided adequate assistance so that it is able to make operational ‘The Centre of Excellence for Tyre Research & Testing’ and to execute its projects within the stipulated period, ensuring that the financial problems do not hamper its projects.

6.51 The Committee felt that objectives of the National Design Policy for setting up more National Institutes of Design (NID) on the pattern of NID, Ahmedabad should be taken up in right earnest and shortage of funds should not come in the way of setting up of these institutes. The proposal of setting up of an institute at Bhopal should also be expedited. The NID should strive to enlarge its scope under the Integrated Design Services Umbrella, by providing its consultancy services to various industry segments and Government and non-Government agencies.

6.52 As regards building materials are concerned, the Government should ensure that the proposed eight projects of National Council for Cement Building Material (NCCBM) are completed within the Plan period, to avoid any spill over and the allocations are properly utilized within that period.

6.53 For bringing overall improvement in management and technology standards, the Committee was of the view that the Department should jointly monitor, with Ministry of Micro, Small and Medium Enterprises (MSME), the implementation of the scheme ‘Enabling Manufacturing Sector to be Competitive Through Quality Management Standards and Quality Technology Tool’, so that it is implemented during the 11th Five Year Plan itself, and the objectives of the scheme are achieved.

Paper Industry

6.54 The Committee noted that despite being one of the high priority industries in India and 100% open for FDI, the paper Industry is confronting the problems of obsolete technology and fragmented structure, affecting its efficiency. Therefore, the Government should expedite the approval of the proposed Technology Upgradation Scheme and implement the same within a stipulated time frame.

Tariff Commission

6.55 The Committee recommended that it is high time to take concrete steps to restructure and strengthen the Tariff Commission. The Government should take a final decision regarding restructuring and strengthening of the Tariff Commission in the next three months. It was noted that Tariff Commission has been conducting cost studies of various commodities. The Committee suggested that data related to such studies should be made available to the general public. In the present scenario, when prices of almost all the consumer products are spiraling uncontrollably upward, it may be significant to make the public aware of the huge gap between the actual cost of production of a commodity and its market price.

Namak Mazdoor Awas Yojana

6.56 The Committee was of the view that Namak Mazdoor Awas Yojana (NMAY) was an important Scheme for the welfare of the Salt Workers and it should be continued. The Department should impress upon the Planning Commission to approve the revival of the NMAY Scheme at the earliest. Further, the camp office of the Salt Commissioner in Gujarat should be established expeditiously, so that the largest salt producer state of the country gets greater attention of the Commissioner. The Committee noted that the Tariff Commission was assigned a study on pricing of branded and unbranded iodized salt in June, 2008. The report of the Tariff Commission was awaited. The Government should get the report of the Tariff Commission on the issue without any loss of time.

Overall price situations in the country

6.57 The Committee while analysing the overall inflationary situation in the country was of the view that the base of calculating inflation rate is often misleading. It is partly because Wholesale Price Index (WPI), with its base year as 1993 and a basket of 435 items do not actually reflect the factual position. The Committee took note of the assurance given by the Department that the Economic Advisor is revising WPI series with base year as 2004-05, and a tentative commodity basket containing 700 items. The Committee was hopeful that revised WPI series would be helpful in assessing the price situation correctly. The Committee recommended that revision of WPI series should be taken up on a regular basis. Moreover, Consumer Price Index (CPI) should also be taken into account while making assessment of the inflationary situation of the country.

IV. Secretariat

6.58 The Committee Section (Commerce) headed by a Assistant Director constituted the Secretariat of the Committee. Additional Secretary & Financial Advisor, Director and Joint Director remained incharge of the Section.

6.59 To assist the Committee in its work, materials received from the Ministries/Departments as also from other organizations and individuals were studied, and relevant points were culled out. Questionnaires for written/oral replies were prepared for use of the Committee.

6.60 The Committee studied materials like Parliamentary Debates, answers to Parliamentary Questions, Budget Estimates, Economic Survey, Mid-Term Appraisal of the Tenth Five Year Plan, Books, Journals, and Newspapers etc, relevant to the subject under examination of the Committee. The Committee sent questions based on newspapers report/articles alongwith the questionnaire based on Expenditure Budget and other relevant documents. The Committee also examined downloaded study material from websites on various subjects for preparation of reports.

6.61 The work relating to drafting, consideration and approval of draft reports by the Committee along with their presentation/laying, printing and distribution was undertaken.

ANNEXURE VII

(See Para 6.4)

Details of the sittings of the Committee on Commerce during the year 2010

Sl. No.

Date of meeting

Duration Hrs.Mts.

Subject

1 2 3 4

1. 11.01.10 2. 50

Discussion with the representatives of Cement Manufacturers’ Association and Builders’ Association of India on Performance of Cement Industry.

2. 12.01.10 1. 20

Discussion with the representatives of Department of Commerce, Ministry of Commerce & Industry on Foreign Trade (Development & Regulation) Amendment Bill, 2009.

3. 27.01.10 2. 40

Discussion with the representatives of Confederation of Indian Industry (CII), Institute of International Trade & Security (IITS), PHD Chamber of Commerce & Industry (PHDCCI), Federation of Indian Micro, Small & Medium Enterprises (FISME), Ministry of Law & Justice and Department of Commerce, Ministry of Commerce & Industry on Foreign Trade (Development & Regulation) Amendment Bill, 2009.

4. 08.02.10 0.55

Discussion with the representatives of Indian Exports Organisation (FIEO), PRS Legislative Research, Ministry of Commerce & Industry, Department of Commerce and Ministry of Law & Justice, Legislative Department on Foreign Trade (Development & Regulation) Amendment Bill, 2009.

5. 09.02.10 1.00 Discussion with the representatives of Ministry of Finance, Department of Revenue, Federation of Indian Chambers of Commerce and Industry (FICCI), Ministry of Commerce and Industry, Department of Commerce and Ministry of Law and Justice, Legislative Department on Foreign Trade (Development & Regulation) Amendment Bill, 2009.

6. 16.02.10 1. 10

Discussion with the representatives of National Association of Software and Services Companies (NASSCOM), Jawaharlal Nehru University (JNU), Delhi School of Economics (DSE), Department of Commerce, Ministry of Commerce and Industry and Legislative Department, Ministry of Law and Justice on Foreign Trade (Development & Regulation) Amendment Bill, 2009.

7. 23.02.10 1. 20

Discussion with the representatives of Department of Information Technology, Ministry of Communication & Information Technology, Ministry of Commerce & Industry (Department of Commerce), Ministry of Law and Justice (Legislative Department) on Foreign Trade (Development & Regulation) Amendment Bill, 2009.

1 2 3 4 8. 08.03.10 0.50 Discussion with the representatives of Ministry of Commerce

& Industry (Department of Commerce), Ministry of Law and Justice (Legislative Department) on Foreign Trade (Development & Regulation) Amendment Bill, 2009.

9. 16.03.10 0.30

Consideration of the Draft Report on Foreign Trade (Development & Regulation) Amendment Bill, 2009.

10. 25.03.10 2. 40

Discussion with the representatives of Confederation of Indian Industry (CII), Federation of Indian Chambers of Commerce and Industry (FICCI), PHD Chambers of Commerce and Industry (PHDCCI), Federation of Indian Export Organisation (FIEO) and Delhi Exporters’ Association (DEA) for examination of Demands for Grants (2010-11).

11. 26.03.10 1. 45

Discussion with the representatives of Department of Commerce, Ministry of Commerce and Industry for examination of Demands for Grants (2010-11).

12. 27.03.10 1. 50

Discussion with the representatives of Department of Industrial Policy and Promotion, Ministry of Commerce and Industry for examination of Demands for Grants (2010-11).

13. 09.04.10 1. 40

Consideration of 93rd Report on Demands for Grants (2010-11) pertaining to Department of Commerce.

14. 15.04.10 0.40

Consideration and adoption of 93rd and 94th Reports on Demands for Grants (2010-11) pertaining to Department of Commerce and Department of Industrial Policy and Promotion respectively.

15. 25.05.10 2. 55

Discussion with the representatives of Ministry of Environment and Forests (E&F), Central Pollution Control Board (CPCB), National Council of Cement and Building Materials and Railway Board (Ministry of Railways) on Performance of Cement Industry.

16. 26.05.10 2. 18

Discussion with the representatives of Ministry of Road Transport and Highways, Department of Industrial Policy and Promotion (Ministry of Commerce and Industry), Ministry of Corporate Affairs and Competition Commission of India on Performance of Cement Industry.

17.

07.06.10

2. 5

Discussion with the Additional Secretary, Ministry of Defence and Secretary, Ministry of Rural Development on Performance of Cement Industry.

18. 08.06.10 1. 57

Discussion with the Secretary, Department of Industrial Policy and Promotion, Ministry of Commerce and Industry and Representatives of Department of Consumer Affairs to consider Action Taken Replies on 90th Report of the Committee on Foreign and Domestic Investment in Retail Sector.

1 2 3 4

19. 21.06.10 1. 45

Discussion with the representatives of National Council of Applied Economic Research (NCAER) and Tariff Commission on Performance of Cement Industry.

20. 22.06.10 1. 45

Discussion with the representatives of Indian Road Congress (IRC) and Central Road Research Institute (CRRI) on Performance of Cement Industry.

21. 09.08.10 1. 15

Discussion with the Members of the Mexican Parliamentary Delegation.

22. 17.09.10 0.55

First meeting of the Reconstituted Committee to consider its future programme.

23. 7.10.10 2.00

Discussion with the representatives of Department of Commerce, Ministry of Commerce and Industry on Export Promotion Schemes pertaining to Agricultural and Processed Food Products.

24. 8.10/10 1. 52

Discussions with the Secretary, Department of Commerce, Ministry of Commerce and Industry on The Impact of Free Trade Agreement between India and other neighbouring countries including ASEAN, on the domestic industry and plantation sectors.

25. 15.10.10 1. 30

Discussion with the Secretary, Department of Agriculture and Cooperation, Ministry of Agriculture on Export Promotion Schemes pertaining to Agricultural and Processed Food Products.

26. 28.10.10 1.40

Discussion with the Chairman, Agricultural and Processed Food Products Export Development Authority (APEDA) on Export Promotion Schemes pertaining to Agricultural and Processed Food Products.

27. 9.12.10 0.30

To consider future programme of the Committee and to finalise the Visit Programme of the Committee.

28. 28.12.10 1. 40

Discussion with the representatives of Directorate General of Foreign Trade on Export Promotion Schemes pertaining to Agricultural and Processed Food Products.

29. 29.12.10 1.00

Consideration and adoption of 95th Report on Performance of Cement Industry.

CHAPTER-VII

COMMITTEE ON HEALTH AND FAMILY WELFARE

I. Composition of the Committee 7.1 The Committee was constituted on 31st August, 2009. The following was the composition of the Committee:

COMMITTEE ON HEALTH AND FAMILY WELFARE (Reconstituted on the 31st August, 2009)

1. Shri Amar Singh -- Chairman

RAJYA SABHA 2. Shrimati Viplove Thakur 3. Dr. Radhakant Nayak 4. Shri Janardan Dwivedi 5. Shri Balbir Punj 6. Dr. Prabhakar Kore 7. Shrimati Brinda Karat 8. Shrimati Vasanthi Stanley 9. Dr. M.A.M. Ramaswamy 10. Dr. Anbumani Ramadoss

LOK SABHA

11. Shri J. M. Aaron Rashid 12. Shri Ashok Argal 13. Shrimati Sarika Devendra Singh Baghel 14. Shri Vijay Bahuguna 15. Dr. Chinta Mohan 16. Shrimati Tabassum Hasan 17. Dr. Sanjay Jaiswal 18. Shri S. R. Jeyadurai 19. Dr. (Shrimati) Kruparani Killi 20. Shri N. Kristappa 21. Dr. Tarun Mandal 22. Shri Datta Meghe 23. Dr. Jyoti Mirdha 24. Shrimati Jayshreeben Patel 25. Shri R.K. Singh Patel 26. Shri M. K Raghavan 27. Dr. Anup Kumar Saha 28. Shrimati Meena Singh 29. Dr. Arvind Kumar Sharma 30. Shri Pradeep Kumar Singh 31. Shri Ratan Singh


COMMITTEE ON HEALTH AND FAMILY WELFARE (Re-constituted on the 31st August, 2010)

1. Shri Brajesh Pathak - Chairman

RAJYA SABHA

2. Shri Janardan Dwivedi 3. Shrimati Viplove Thakur 4. Dr. Vijaylaxmi Sadho 5. Shri Balbir Punj 6. Dr. Prabhakar Kore 7. Shrimati Brinda Karat 8. Shrimati Vasanthi Stanley 9. Shri Rasheed Masood

10. * Shrimati B. Jayashree

LOK SABHA

11. Shri Ashok Argal 12. Shrimati Sarika Devendra Baghel Singh 13. Shri Vijay Bahuguna 14. Shrimati Tabassum Hasan 15. Dr. Sanjay Jaiswal 16. Shri S. R. Jeyadurai 17. Dr. Kruparani Killi 18. Shri Nimmala Kristappa 19. Dr. Tarun Mandal 20. Shri Datta Meghe 21. Dr. Jyoti Mirdha 22. Dr. Chinta Mohan 23. Shrimati Jayshreeben Patel 24. Shri R.K. Singh Patel 25. Shri M. K Raghavan 26. Shri J. M. Aaron Rashid 27. Dr. Anup Kumar Saha 28. Dr. Arvind Kumar Sharma 29. Shrimati Meena Singh 30. Shri Pradeep Kumar Singh 31. Shri Ratan Singh

____________________________________________________________________________________

* nominated to the Committee w.e.f 21.9.2010

II. Subjects selected for Examination

7.3 The Committee on Health & Family Welfare selected the following subjects for examination in 2010: (i) Issues relating to Generic, Generic branded and branded medicines. (ii) Functioning of the Central Drugs Standard Control Organisation (CDSCO);

(iii) Functioning of Central Government Health Scheme (CGHS); and (iv) Implementation status of National Rural Health Mission (NRHM) in North-Eastern States.

III. Bills referred to the Committee

7.4 Four Bills were referred to the Committee during 2010, viz., (i) Transplantation of Human Organs (Amendment) Bill, 2009; (ii) the Indian Medicine Central Council (Amendment) Bill, 2010; (iii) the Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry (Amendment) Bill, 2010 and (iv) the National Institute of Mental Health and Neuro-Sciences, Bangalore Bill, 2010. Reports on three Bills as Sl. No. (i) to (iii) above were presented to the Rajya Sabha and laid on the Table of the Lok Sabha on 4th August, 11th August and 10th November, 2010, respectively.

IV. Constitution of Sub-Committees of the Department-related Parliamentary Standing Committee on Health & Family Welfare 7.5 No Sub-Committee was constituted during the year 2010. V. Review of Work Done


7.6 During the year, 2010, the Committee held in all, 16 meetings lasting over 34 hours and 20 minutes. A statement showing the dates and duration of each sitting of the Committee with subjects discussed during this period is given in Annexure-VIII.

(b) Sitting of the Sub-Committee 7.7 No Sub-Committee was constituted during the year 2010.

(c) Study visit: - The Committee undertook one study visit during the year 2010. It visited Guwahati (Assam), Shillong (Meghalaya) and Tawang (Arunachal Pradesh) from the 22nd to 27th October, 2010, in connection with examination of the (i) functioning of Central Drugs Standard Control Organisation (CDSCO); (ii) functioning of Central Government Health Scheme (CGHS); and (iii) implementation status of National Rural Health Mission (NRHM) in North Eastern States. The Committee interacted with a wide spectrum of the stake-holders and the representatives of the implementing agencies of NRHM, State Drugs Control Organisation, Regional Drugs Testing Laboratory, Guwahati representatives of the CGHS and also State Governments. The details of study visit of the Committee are given below:-

STUDY VISIT

Places visited

Date

Agenda

1 2 3

Guwahati

(Assam)

22.10.2010

Assembly at Guwahati Interaction with the Representatives of the CGHS authorities on the outreach of CGHS in Guwahati and Regional Drugs Testing Laboratory, Guwahati on the contribution made by the Laboratory to undertake analytical research on standardization and methodology of Drugs and Cosmetics in the region.

1 2 3

Tawang

(Arunachal

Pradesh)

Shillong (Meghalaya)

23.10.2010

26.10.2010

Interaction with the Representatives of the State Government of Arunachal Pradesh on implementation of NRHM and State Drugs Control Organisation on monitoring of quality of Drugs and Cosmetics manufactured and marketed in the State of Arunachal Pradesh and efficacy of the existing pre and post-inspection mechanism.

(i) Interaction with the Representatives the State Government of Meghalaya on implementation of NRHM and State Drug Control Organisation of Meghalaya on monitoring of quality of Drugs and Cosmetics manufactured and marketed in the State of Meghalaya and efficacy of the existing pre and post-inspection mechanism

(ii) Interaction with CGHS authorities on the outreach of CGHS in Shillong.

Guwahati

(Assam)

27.10.2010

(i) Interaction with the State Government of Assam and remaining NER States on implementation of NRHM.

(ii)Interaction with the State Drugs Control Organisation of Assam and remaining NER States on monitoring of quality of Drugs and Cosmetics manufactured and marketed in their States and efficacy of the existing pre and post-inspection mechanism

VI. Reports Presented 7.8 During 2010, the Committee presented the following Reports to both the Houses of Parliament:-

Sl. No.

Report No. Date of presentation / laying of Reports

Subject

1 2 3 4 1.

39th 28.4.2010 Report on Demands for Grants (2010-11) of the Department of Health and Family Welfare

2.

40th 28.4.2010 Report on Demands for Grants (2010-11) of the Department of AYUSH.

3.

41st

28.4.2010 Report on Demands for Grants (2010-11) of the Department of Health Research.

4.

42nd 28.4.2010 Report on Demands for Grants (2010-11) of the Department of AIDS Control.

5.

43rd

4.8.2010

Report on Action Taken by the Department of Health and Family Welfare on the recommendations/observations of the Committee contained in its Thirty-eighth Report on ‘Major issues concerning the three vaccine producing PSUs, namely, the Central Research Institute (CRI), Kasauli, the Pasteur Institute of India (PII), Coonoor, and the BCG Vaccine Laboratory (BCGVL), Chennai.’

6. 44th

4.8.2010 Report on the Transplantation of Human Organs (Amendment) Bill, 2009.

7. 45th 4.8.2010 Report on the Issues relating to Availability of Generic, Generic-branded and Branded medicines, their formulation and therapeutic efficacy and effectiveness.

8. 46th 11.8.2010

Report on the Indian Medicine Central Council (Amendment) Bill, 2010

9. 47th 10.11.2010 Report on the Jawaharlal Institute of Post-Graduate Medical Education and Research, Poducherry (Amendment) Bill, 2010

7.9 Minutes of the meetings of the Department-related Parliamentary Standing Committee on Health and Family Welfare were prepared and enclosed with the relevant Reports at the time of the presentation to both the Houses. VII. Summary of Recommendations a) 39th Report

Part A Health Sector

(i) Budgetary Allocation

7.10 With this trend of allocation of funds and utilization thereof, the Committee did not have much hope about optimum release of funds out of the approved outlay of Rs. 41092.92 crore in the remaining two years of the Eleventh Plan. The Department would have to make concerted efforts so as to ensure optimum utilization of plan allocation of Rs. 5560.00 crore in 2010-11. Only then, there are chances of enhanced provision being made in 2011-12, the last year of the Eleventh Plan. 7.11 The Committee in its 27th Report on Demands for Grants (2008-09) had commented on the Department’s inability to project its budgetary requirements in an effective way for the simple reason that the utilization of funds during the Tenth Plan was far from satisfactory. The Committee found that the same trend continues in the Eleventh Plan period also. During 2007-08 and 2009-10, keeping in view the pace of expenditure, allocated funds were substantially reduced at the RE stage. What was more worrisome was that the Department could not achieve optimum utilization of this reduced allocation during these two

years. Enhanced Plan allocation of Rs. 4450.00 in 2009-10 failed to serve the purpose as it had to be brought down to Rs. 3825.25 crore, marginally lower than the 2008-09 allocation of Rs. 3650.00 crore. Utilization status in 2009-10 was more disappointing. As on 28th February, 2010, expenditure reported was Rs. 2559.61 crore which was less than the utilization of Rs. 3008.40 crore in the previous year. The Committee also took note of the fact that expenditure reported upto 31st January 2010 under Plan head was only Rs. 2034.06 crore. This clearly pointed to the fact that major utilization was taking place in the last quarter of the financial year, thus indicating non-adherence to fiscal discipline.

7.12 The Committee’s examination of the following major heads of account had revealed recurrent and persistent sub-optimal utilization of budgetary provisions (Plan) during the Eleventh Plan period:-

(Rs. in crorSl. No.

Major Heads 2007-08 2008-09 2009-10

BE RE Actuals BE RE Actual BE RE Exp. Upto 28-2-2010

1. Hospitals and Dispensaries

88.70 126.00 118.42 139.20 216.47 214.28 181.30 270.36 230.83

2. Medical EducatioTraining and Research

1016.95 891.81 872.31 1254.61 1512.91 1175.6 2279.52 1659.03 1123.01

3. Public Health 1829.85 1258.63 1144.09 2187.80 1837.51 1550.9 1919.79 1806.95 1157.12 7.13 The Committee was dismayed at the fact that its continuous concerns and recommendations to the Department to put a proper mechanism in place for - presenting its case for fund requirement before the Planning Commission in a realistic manner, and to arrest the trend of under utilization of funds seemed to have failed to make any impact. Atleast the Department needed to try some innovative methods to achieve optimum utilization of funds. Health is a crucial sector for the all-round development of the nation and accordingly the Committee had been advocating higher allocation of funds for this sector every year. But with the Department itself admitting to the slow pace of expenditure in respect of many schemes/programmes initiated by it, the Committee found advocacy for additional funds serving no purpose. The Committee, therefore, recommended to the Department to undertake a comprehensive analysis of the trend of expenditure for the past three years with a view to identifying the underlying causes of underutilization. Such an exercise should enable the Department to not only improve the utilization level of the budgeted funds but also to improve upon the existing system of assessing requirement of funds. The Committee was also of the opinion that the Department needed to take up with the implementing agencies as and when schemes were found not being implemented as per the Action Plan. 7.14 The Committee desired to be apprised of the necessary action initiated and pursued by the Department to streamline the formulation of budgetary requirements in a realistic fashion and also to expedite necessary approvals for operationalization of various formulated schemes/projects. 7.15 The Committee was specially concerned with the slow pace of implementation of schemes like Pradhan Mantri Swasthya Suraksha Yojna (PMSSY), Cancer Research, National Mental Health Programme, Assistance for Capacity Building for Trauma Centers, Oversight Committee, Upgradation/strengthening of Nursing Services, Strengthening/Upgradation of Pharmacy schools/colleges, Strengthening/creation of paramedical institutions as well as underutilization of allocated funds by some of the Hospitals/institutions. The Committee observed that this recurrent and persistent trend of underutilization was indicative of ineffectiveness of monitoring of implementation of schemes and utilization of funds. The Committee therefore recommended to the Department to keep the activities of these schemes/institutions under constant scrutiny/monitoring and took urgent remedial steps so that the stumbling blocks in the optimum utilization of allocated/sanctioned funds were removed. 7.16 The Committee’s attention had also been drawn by unspent balances lying with a number of Institutions. As on 1st December, 2009, maximum unspent balances amounting to Rs. 28.79 crore, Rs. 36.52 crore and Rs. 80.43 crore were reported against the North-Eastern Indira Gandhi Regional Institute of Health and Medical Sciences, Shillong, LGB Regional Institute of Mental Health, Tezpur, Assam and AIIMS New Delhi. Except AIIMS, the other two Institutes had unspent balances as on 1st April, 2009. Reasons for availability of such a huge amount of unspent balances were not known to the Committee. However, such a state of affairs in national level institutes was indeed a cause of concern for the Committee. This clearly showed that some major activities both ongoing/proposed might be adversely affected. The Committee sought that the matter be taken up with the concerned authorities without further delay. 7.17 The Committee took note of the fact that the Department had taken remedial measures like for non-recurring grants, no fresh releases were being authorized unless audited Utilization Certificate for grant released in the year prior to the last year (i.e. with a ‘grace period’ of one year) had been received, subject to the condition that the sanction for the earlier grant does not permit a longer period of utilization. Further, the provisions of the General Financial Rules, which require that in case of recurring grants, funds for the same purpose beyond 75% of the next year’s provision will not be released unless audited Utilization Certificate for the grants released in the previous year is received, were being strictly implemented. Impact of such

measures did not seem to be very effective as number of pending UCs continued to remain very high. Not only this, such a trend also indicated that schemes were not being implemented as envisaged. 7.18 The Committee noted that as a further effort to maximize liquidation of UCs, a communication had been sent by the Secretary (Health) to the Principal Health Secretaries of all the States. If need be, this exercise needed to be pursued further with higher authorities. 7.19 The Committee appreciated this forward movement w.r.t. audit of Autonomous Bodies/Societies/Grantee Institutions/Programmes receiving Grants-in-Aid from the Department. The Committee recommended to the Department to furnish the major audit findings of 2008-09 and 2009-10 and action taken thereon. A list of Autonomous Bodies/Societies/Grantee Institutions/Programmes likely to be covered during 2010-11 might also be furnished to the Committee. 7.20 The Committee noted that the irregularities pointed out by the Internal Audit Wing in its audit paras concerning NVBDCP, Delhi, NIMHANS, Bangalore, ICMR, New Delhi and V.P. Chest Institute, Delhi University (for two paras 24 & 28) were yet to be settled. The Committee sought to be apprised of the updated status in this regard. 7.21 The Committee had been keeping a close watch on the level of pendency of Audit paras contained in CAG Report on matters relating to the Department. The Committee observed that around 60 paras were under various stages of pendency and some of them dated back to the period 1998-2000. Committee’s attention had been especially drawn by the following pending Audit paras: Period of Report

Para No Gist of CAG para

2 of 1998 7.2 Loss due to expired medicine -GMSD 2 of 2002 2 (chapter II) Working of Govt. Medical Store

Department, Kolkata 3 of 2002 Chapter 1 (Section 2) All India Review on Prevention and

Control of Diseases-National TB Control Programme

3 of 2004 Entire Report National AIDS Control Programme 3 of 2006 1.1.2 Annual Accounts of Autonomous

Bodies-NIMHANS/PGIMER/CNKI 20 of 2007 Entire Report Performance Audit: Procurement of

medicines and medical equipment

7.22 The Committee sought that the matter of reconciliation of all the pending CAG Audit Paras be taken up with the concerned authorities on an urgent basis. The Committee sought to be apprised in this regard. 7.23 The Committee had for long been emphasizing the Department to make all conceivable efforts to strengthen its internal audit wing as also take all corrective measures so that the laid down procedures are adhered to in letter and spirit at the outset. The Committee was, however, surprised to observe that pendency of internal Audit Paras continued to be on the high side. Following details were self-revealing: Year No. of Units Audited No. of Paras raised Paras Outstanding 2007-08 68 737 448 2008-09 73 651 478 2009-10 44 415 396 7.24 The Committee failed to understand as to why more than half of the Audit Paras raised during 2007-08 and 2008-09 continued to remain outstanding. The Committee called for a Status Note on the details of major units showing pendency alongwith instances of serious deviations from the prescribed financial norms (unit wise). (ii) Central Government Health Scheme (CGHS) 7.25 The Committee was unhappy to note the continuous underutilization of Plan funds during the first three financial years of the Eleventh Plan, more so when the Department had sought an increase of funds during the RE stage during 2008-09 and 2009-10 and it could not even utilize the funds provided to it at the BE stage. The Committee, therefore, strongly felt that the Department had to justify the need for additional funds by ensuring optimum utilization thereof and be careful in placing/proposing its revised estimate so that funds were not unnecessarily blocked and go unspent. 7.26 The Committee did not find any logic for under provisioning for CGHS under Materials & Supplies as also for IT activities Head which were bound to affect the quality of services available to the CGHS beneficiaries. The Committee also

observed that total tentative pendency with regard to medical claims of pensioners as on January, 2010 was Rs. 200 crore, including bills pertaining to 2008-09. In such a scenario, allocation of Rs. 377.87 crore for pensioners against the projected requirement of Rs. 627.00 crore for 2010-11 was bound to increase the pendency further. The Committee was of the view that full allocation of required funds had to be there so that pensioners were not made to face uncalled for hardships. 7.27 The Committee was happy to note that a number of initiatives under CGHS are proposed to be undertaken during 2010-11. One such initiative is expansion of a pilot project for Preventive Health Check-up for pensioners and serving employees over the age of 40 years at CGHS dispensary, Sector-12 and Sector-4, R.K. Puram, New Delhi. The Committee sought the Department to share its experiences of the pilot project and recommended to the Department to expand the initiative to more dispensaries in a time-bound manner. 7.28 The Committee also welcomed the introduction of a proposal under which the empanelled hospitals would forward the bill for the treatment of pensioner CGHS beneficiaries to UTI-TSL and payment of the same within 10 days. Such an initiative was bound to help the pensioners in availing of healthcare without any hindrance. 7.29 The Committee viewed the introduction of the current proposal of the Ministry with serious concern. The Committee was not convinced by Department’s categorical statement that it did not intend to replace the CGHS with this new insurance scheme. It is amply clear that the scheme would be mandatory for future employees and pensioners. The Committee pointed out that CGHS is one of the very important social security measures which have been providing health care services at economical rates to its beneficiaries for so many decades. The Committee failed to comprehend the rationale for depriving all the beneficiaries of such an essential service in the long run. The Committee pointed out that there was a well-structured set up of CGHS dispensaries, Govt. Hospitals providing allopathic and AYUSH healthcare and also a number of empanelled diagnostic centres and private hospitals. In the recent years a number of initiatives have also been taken for strengthening/revamping different components under the Scheme. A number of additional dispensaries are also proposed to be set up in the near future. The existing CGHS scheme is part of the social responsibility of Govt. for its serving/retired employees. Full reimbursement as per the prescribed norms was payable to the beneficiaries. There is no upper limit on annual expenditure on the treatment of a beneficiary. The very idea of capping the amount of coverage to Rs. 5 lakh per family per year as well as the limit of coverage to only - Self, spouse, two dependent children and dependent parents and thereby forcing for payment of the fixed percentage of premium per additional dependent family member under the proposed scheme indicated that the Govt. intended to dilute its social obligation primarily to its employees. This was unacceptable to the Committee. 7.30 The Committee was dismayed at the Department’s approach from the very outset. First, it had taken the plea of a large number of private hospitals and diagnostic centres empanelled under the CGHS and the opposition from the staff side to any such move. Then, subsequent to Committee’s recommendation that flexible timings are order of the day and desirable in the interest of many of the CGHS beneficiaries who were unable to avail the facilities of dispensaries in the morning hours, the Department in its Action Taken Note on Committee’s 27th Report had stated that the Ministry intended to take the matter before the Committee of Secretaries. The latest reply proveed beyond doubt that the Department was not willing to move forward in the matter. Like in the previous instances, the new plea taken by the Department was its inability to go ahead on account of its existing staff strength. The Committee was of the opinion that if there was shortage of manpower, necessary action plan might be drawn up and approval sought for requisite manpower at appropriate level. The Committee reiterated that the matter needs to be taken up seriously and in the right spirit. The Committee sought to be informed of the progress made in this regard. 7.31 The process of computerization under the CGHS which was initiated during 2005 was continuing. The Committee noted that finally the Department had been able to finish the work of computerization in six cities i.e. Delhi, Kolkata, Nagpur, Pune, Chennai and Ranchi and it was nearing completion in Hyderabad, Mumbai and Patna. However, the Committee was constrained to note that the Department had not been able to add momentum to the computerization work even after the expiry of about five years as 15 cities still remain to be covered. The Committee therefore recommended that the computerization work in the remaining cities be completed in a mission mode by the end of the Eleventh Plan. 7.32 The Committee appreciated the steps taken by the Department to neutralize the teething problems afflicting the smooth implementation of the computerization. However, the ground realities were not much encouraging. The Committee was informed that there was shortage of computer operators and the doctors had to first see the patients and then feed the relevant data in the computer system leading to delays and the resultant long queues. This way the computerization had only been able to help keep a check on the inventory in the store room and save time in putting up request for local purchases wherever required. However, it had not been able to obviate the problems faced by the beneficiaries particularly the old age pensioners who had to stand for long hours in queue. The Committee, therefore, recommended that adequate trained manpower might be made available at the earliest. 7.33 The Committee was happy to note that after much delay the Department had finally been able to open a dispensary each in NOIDA and Dwarka. However, as the number of CGHS beneficiaries isvery large in that area, the Committee

recommended to the Department to put all its acts together to start the three dispensaries for which plots had been purchased in Dwarka and one dispensary at Gurgaon. 7.34 The Committee was given to understand that the workload on the dispensaries in Delhi had increased manifold. The Committee therefore recommended to the Department to have a realistic assessment of workload in CGHS dispensaries in Delhi with a view to explore opening up of new dispensaries to mitigate the problems faced by the beneficiaries. The Committee recommended to the Department to furnish a detailed status note on the no. of beneficiaries attached with each dispensary, zone-wise in Delhi and the NCR and plans of the Department to open new dispensaries in underserved areas of Delhi and NCR. The Committee might also be briefed about the availability of unused land lying with CGHS in different cities covered by CGHS alongwith the purpose of their acquirement. 7.35 The Committee was not very happy with the element of adhocism in such a crucial area. The Committee pointed out that the number of vacancies in a particular grade were bound to put pressure on the existing workforce thereby compromising with the quality of services provided to the beneficiaries. The Committee, therefore, recommended to the Department to urgently chalk out a strategy to fill up the vacant positions in all grades under CGHS in a time-bound manner. 7.36 The Committee had noticed substantial variation in approved rates of investigations / treatment procedures in various metro cities. The Committee did not find much merit in the argument of the Department that rates offered by the private hospitals and diagnostic centres depend upon the prevailing market rates, number and business volume from CGHS beneficiaries likely to be derived by eligible institutions/private institutions, which vary from city to city. The Committee was of the opinion that substantial variation of 50 to 100 per cent in approved rates and that too in cities like Delhi, Mumbai, Chennai and Kolkata could not be considered commensurate with the variation in economic dynamics. The Committee accordingly, recommended to the Department to come up with a strategy to counter this variation of rates by having minimum disparities in the rates. 7.37 Though the Committee appreciated Department’s initiative for ensuring quality service to CGHS beneficiaries and had no doubts over the professionalism of NABH/NABL, yet it did not find much merit in making it compulsory as a precondition for empanelment under CGHS. The NABL/NABH lay down certain norms and standards to be observed and on inspection, they provide accreditation to those who fulfill the said standards. There was no guarantee that once accredited; the Hospital/diagnostic centre would maintain those standards till the next inspection by NABL/NABH. Further, it had been observed that many of the reputed hospitals did not go for accreditation under them. In such a scenario it might be counterproductive as the beneficiaries might be deprived of services under such reputed Hospitals/diagnostic centres. The Committee accordingly recommended to the Department to be cautious on this move. 7.38 The Committee called for the information regarding the number of NABH/NABL accredited Govt. hospitals/diagnostic centres as well as private hospitals/diagnostic centres empanelled under CGHS. 7.39 The Committee pointed out that prior to 2001, all the premier specialized Hospitals had opted for CGHS empanelment. The Committee wondered as to whether the recently empanelled Hospital of Delhi could provide the same services as being provided by Rajiv Gandhi Cancer Hospital or Dharamshila Cancer Hospital. The Committee was also not aware about the quality status of the only empanelled Hospital. The Committee reiterated that the kind of specialized services being offered by a particular hospital, specially for terminal diseases like cancer and not the lowest rates should be the basic criteria for selection of a hospital. One must not forgot that the main objective of CGHS is to provide quality health care at economical rates. Not only this, Government was supposed to reimburse only the packages rates. Payment of difference in treatment expenditure was the concern of the beneficiary. In Committee’s view, package rates need to be governed by quality service. Nobody stops the concerned authorities to negotiate with the applicant hospitals for arriving at mutually acceptable package rates. It could not be that services offered by a small hospital could be considered on an equal footing with an advanced well established hospital. The Committee, accordingly, recommended framing of a policy for revision of rates after every two years to realistically fix the rates of treatment. The Committee might be informed about the action taken by the Department in this regard. 7.40 The Committee appreciated the number of initiatives taken by the Department for effective functioning of CGHS. The Committee however, felt that wide publicity through local and print media needs to be given in this regard. Only then CGHS beneficiaries would be in a position to avail of such facilities. (iii) Safdarjung Hospital and Vardhman Mahaveer Medical College, New Delhi 7.41 The Committee noted that against projected Plan requirement of Rs. 180.60 crore for 2010-11 for the Hospital, allocation of Rs. 118.60 crore has been made. Given the fact that out of the RE plan allocation of Rs. 129.92 crore for 2009-10, the Hospital was able to spend Rs. 17.76 crore upto 28th February, 2010, with every possibility of full utilization by the end of the year, the Committee was unable to comprehend the reasons behind a huge gap of Rs. 62.00 crore between the projected and budgeted funds for 2010-11. The Committee, therefore, recommended that additional funds be allocated for the Hospital at RE stage so that lack of funds should not hamper the re-developmental activities undertaken by the Hospital.

7.42 The Committee was very concerned with the vacancy position in different categories of posts at the Hospital. This coupled with the admission of the head of the Hospital itself that the sanctioned strength was far below the practical requirement, presents a sorry state of affairs. The Committee was of the opinion that vacancies irrespective of any category were not only directly or indirectly bound to have an adverse impact on the quantity and quality of the services rendered by the Hospital but also result in overstressing of the existing staff. Further, the vacancies also had the potential to affect the quality of education imparted at the attached medical college. The Committee was given to understand that in case of Resident Doctors, vacancies occurred frequently and were filled regularly depending on the requirement. The Committee was, however, not able to comprehend as to why there was about 25% of vacancies at any given point of time. At least the Department could take pre-emptive action so that it had the next batch of Resident Doctors available to step-in in place of the outgoing Resident Doctors. Similarly, vacancies in Group A and Group B Gazetted posts were far above the justifiable limits. The Committee accordingly recommended to the Department to take up the issue of vacancies seriously and on priority basis. It also recommended a review of the requirement of manpower vis-à-vis the sanctioned strength of the Hospital and college. The Committee sought to be informed about the progress made in this regard. 7.43 Committee’s attention was also drawn towards acute shortage of nursing staff at the Hospital. Non-availability of good accommodation for nursing staff was cited as the main factor responsible for such a situation. Existing staff quarters at Srinivaspuri were considered to be too inadequate. The Committee was given to understand that another project was coming up at Dwarka. The Committee was of the view that provision of accommodation nearest to the Hospital was the basic requirement for all hospital employees, especially for the nurses rendering 24 hour services. The Committee, accordingly, recommended that provision of required accommodation facilities for nurses should be taken up on priority basis. Viability of such facility at the Hospital premises itself under the ongoing Redevelopment Plan of the Hospital needed to be looked into. 7.44 The Committee was unhappy with the pace with which things were moving in respect of the Re-development Plan of the Hospital. The Committee in its 27th Report had urged the Department to make wholehearted efforts to expedite the procedural formalities regarding this. The Committee noted that the Department itself had now stated a timeline of six years for the entire work to complete. Keeping in view the inordinate delay already made since its inclusion in the Eleventh Plan, the Committee recommended to the Department to make all conceivable efforts so that the whole redevelopment work was completed within this period of six years. For this to happen, targets needed to be set, resources placed at the disposal in time and implementing agencies needed to be made accountable to accomplish the set targets from the very outset. 7.45 The Committee was extremely disappointed with the persisting slow progress made by the Department w.r.t. setting up of the Renal Transplantation Unit and IVF Unit. The Committee recommended to the Department to remove all bottlenecks in setting up of the two units at the earliest. The Committee sought a status note on the same inter-alia containing details regarding the original timeline set, reasons for inordinate delay, resultant cost escalation and fresh timeline set with special efforts taken to meet the timeline this time. 7.46 The Committee was constrained to observe that the allocated funds for 2009-10 could not be utilized even after steep reduction at the RE stage. To add to this the Department’s reply that the reduction was due to realistic assessment of the needs of the Institute, proved that the earlier estimate, at the BE stage was not proper. Moreover, the fact that the College could not utilize this reduced amount also made it clear that there was some element of improper planning at some stage. The Committee, accordingly, recommended to the Department to have a realistic assessment of the fund requirement for the College at the outset itself. (iv) Dr. Ram Manohar Lohia Hosptial, New Delhi 7.47 The Committee took note of the fact that inspite of a lot of developmental work being undertaken by the Hospital, several of the items of work like setting up of the Renal Transplantation Unit had gone beyond the targeted time-line. Concerned that time-overrun were certain to result in cost overruns, the Committee recommended that the Hospital chalk out a time-bound Action Plan for such projects. The Committee pointed out that the emphasis should not only be on the optimal utilization but also on the judicious utilization of scarce funds. The Committee at the same time recommended to the Department to ensure that the developmental activities initiated by the Hospital did not get hampered due to scarcity of funds. 7.48 The Committee welcomed the proposal to start a general maternity ward, construction of a New Casualty Building, multi-storey super speciality block and setting up of Centre of Excellence for Mental Health. However, the Committee recommended to the Department to keep a close watch on the progress of new initiatives from the outset so that they were accomplished as targeted. The Committee also recommended to the Department to take all necessary steps for early possession of land in the G point near Trauma Care Centre. The Committee might be informed of the progress made w.r.t. the new initiatives. 7.49 At the outset the Committee placed its displeasure over the mismatch in the figures provided to it with respect to vacant posts vis-à-vis ‘sanctioned and in-position’ posts. For example, in respect of Group ‘A’ CHS posts, sanctioned and in-position posts were 219 and 194 (including 20 contractual posts) respectively while vacancies shown were 27. Such variations existed in respect of some other categories of posts also. The Committee would like the Department to explain this mismatch. The

Committee was constrained to find a lot of vacancies across the grades. The Hospital was already overburdened with patient load and in such a scenario it was really a matter of concern that such a large number of vacancies were allowed to continue. The Committee was of the opinion that in the smooth functioning of the hospital services, all the posts whether they were in technical side, nursing side or in the clerical side, had their part to play. Vacancies beyond permissible limits in any grade affect the overall patient care offered by the Hospital as well as result in overburdening the existing set of employees. Taking into account the increased patient load, the Committee recommended to the Department to take immediate steps for reassessment of the manpower requirement in the Hospital and fill up the vacant posts in the various grades at the earliest. The Committee might be apprised of the steps initiated by the Department to streamline the existing procedure of recruitment so that vacancies in the different grades were filled up at the earliest. (v) All India Institute of Medical Sciences (AIIMS) 7.50 The Committee was anguished to note that out of a total allocation of Rs. 1461 crore for the Eleventh Plan, the Institute did not seem to be able to utilize the earmarked funds for the Plan period during the first three years of the Plan period. The Institute had been able to utilize only Rs. 648.00 crore (as on 28-2-2010). The Committee saw little hope for optimum utilization of remaining funds during the last two years of Eleventh Plan. As a result, the initiatives/ongoing projects were not likely to be executed as targeted originally. The Committee observed that as many as 21 projects were envisaged to be completed during the Eleventh Plan for which an outlay of Rs. 623.63 crore was made. The Committee was, however, dismayed to note that by the end of the first three years of the Plan, utilization reported was only Rs. 70.18 crore. The situation was worsened by the fact that work in respect of as many as 14 projects was yet to start. These projects included expansion of OPD Block and New Emergency Ward, Burns Unit at JPN Apex Trauma Centre, Multi-level parking, Pediatrics Surgery. Out of total expenditure of Rs. 70.18 crore, Rs. 55.00 crore had been utilized for minor works in Hospital/ hostels/ residential areas of the campus. Thus, progress made in the remaining six projects could also be considered at the initial stage only. The Committee could not remain a silent spectator to present circumstances as AIIMS was India’s premier Institute providing specialized health services to patients from across the country. The Committee was of the firm view that it was high time that an effective monitoring mechanism was set in motion. 7.51 The Committee took note of the fact that AIIMS has initiated the process of making a composite Redevelopment Plan of its Masjid Moth, Ansari Nagar and A.V. Nagar campuses. The work of preparation of redevelopment plan of A.V. Nagar campus had been entrusted to CPWD. The work of Ansari Nagar and Masjid Moth campuses had been entrusted to HSCC by the Governing Body on 23rd January, 2009. The concept Master Plan was finally approved by the Project Implementation Committee on 12th May, 2009. The revised Master Plan as presented before the Institute Body in December, 2009 had since been submitted to NDMC for approval. HSCC had also been entrusted with the consultancy and project management work of the redevelopment of old OPD Block. 7.52 While appreciating the candid statement of the Health Secretary, the Committee failed to comprehend the basis for such a Company being allowed to be associated with carrying out tasks of such magnitude and of public interest. The Committee understood that a number of projects in different areas were being handled by HSCC at present. The Committee recommended that a Status Note giving all the details of the various projects awarded to HSCC might be furnished to it at the earliest. The Department should take the issue very seriously and if need be, some kind of penalty clause might be introduced in the agreement itself to fix liability for any delay. The Committee might be apprised of the development in this regard.

7.53 Committee’s attention had been drawn by a very disturbing trend of utilization of allocated funds by AIIMS. Director, AIIMS during his deposition before the Committee, informed that during 2008-09 and 2009-10 some Plan Funds were diverted to Non-plan for paying the Sixth Pay commission’s arrears and various other allowances to AIIMS employees. As a result, development projects could not be taken up. Frequent changes in the plan projects also had a negative impact. The Committee pointed out that diversion of plan funds to non-plan side was in direct contravention of fiscal norms. The Committee deplored such a development at the premier Institute of the country. It seemed that this trend had been continuing since long. The Committee wondered about the role of Internal Audit Wing and Financial Adviser of the Department. The Committee was also very unhappy with the non-provision of required non-plan funds meant for payment of arrears and allowances to the employees which were anticipated beforehand. The Committee would appreciate if fiscal management at AIIMS was brought to order. The Committee could not accept the diversion of plan funds meant for development projects to non-plan side. Urgent action needs to be taken in this crucial matter so that this trend was not allowed to continue any further.

7.54 The Committee was happy to note that though inordinately delayed, finally there was some concrete action on the recommendations of the Valiathan Committee Report. The Committee, however, recommended full implementation of the recommendations at an early date. The Committee also hoped that the process of examination of recommendations requiring statutory amendments by the High Powered Committee would be completed at the earliest and implemented without unnecessary delay.

7.55 The Committee was unhappy with the dilly-dallying approach of the Department on the issue of setting up of the Burns Unit. The Committee noted with displeasure Department’s attitude from the outset which had been evident

from the delay in the matter. ‘Avoiding duplication’ could never be considered as a valid justification for dropping this project. The Committee noted that funds to the tune of Rs. 48 crore had been earmarked for this purpose during the Eleventh Plan. The Committee was unaware whether the Department, before taking a view in the matter, had taken into account the patient load in the Burns Unit at the Safdarjung Hospital. Further, the Committee pointed out that availability of any service at Safdarjung Hospital could not be made the criteria for not initiating the same at AIIMS. If that be so, the same argument could be put forth for not adding a particular service at Safdarjung Hospital since the same was available at the next door AIIMS. The Committee pointed out that with the ever increasing patient load, both the hospitals had been providing exemplary services. Any addition or expansion of service would be going to provide better healthcare to our people.

7.56 The Committee was pained by the acute shortage of the manpower at the Institute and was of the opinion that the same was not justifiable in any manner. The Committee applauded the existing set of employees of the Institute, who inspite of the tremendous work pressure, had been able to uphold the high standards and reputation of the Institute. With large number of vacancies at Faculty level posts, it was practically difficult to maintain the high standards of patient care and teaching in the Institute for which it had been known. The Committee accordingly recommended to the Department to make all out efforts to fill up the vacant posts – both faculty and non-faculty and all other groups in a time-bound manner. 7.57 The Committee was not inclined to agree with the Department’s view. The Committee was aware that as per media reports during recent time some very prominent doctors of the Institute had left it citing pathetic working conditions. This coupled with the existing vacancies does not present a rosy picture of the Institute. 7.58 The Committee invited the attention of the Department to its concerns raised in its 27th Report on Demands for Grants of the Department wherein it had cited a WHO report according to which out of 428 students of AIIMS (studying between 1989 and 2000), 233 (54%) were residing abroad. This presents a very disturbing picture that on the one hand there was acute shortage of staff in the Institute and on the other hand pass outs from this one of the best training grounds in India were turning to greener pastures, that too after availing highly subsidized quality education. The Committee therefore reiterated it’s earlier stand that the Department should seriously come up with some kind of bond or legislation in respect of premier institutes like AIIMS so that the young graduates or post graduates were made to serve in AIIMS or other Government Hospitals/Institutes for a certain period. The Committee wished to be informed of some concrete steps in this regard. (vi) Post Graduate Institute of Medical Education & Research (PGIMER), Chandigarh

7.59 The Committee was happy to note that during the first three years of the Eleventh Plan, there had not been a reduction in the Plan funds at the RE stage. This was an indication that the allocated funds were being fully utilized by the Institute for its developmental activities. 7.60 The Committee was constrained to note that the fund allocation during the first four years (including the current fiscal) amounts to less than half of the 11th Plan allocation. The funds allocated for the first 3 years of the Plan had been utilized optimally by the Institute. The Committee was not aware about any new projects proposed to be taken up during the remaining period of the Plan. If that was not the case, the Committee could only conclude that there was some unrealistic assessment of the requirements of the Institute for the current Plan period leading to excess allocation of funds. It was highly impractical to make out that the Institute could spend an enormous amount of Rs. 330 crore left for the final year of the Plan. The Committee sought to be updated in this regard. 7.61 The Committee noted that all the projects undertaken by the Institute during the Ninth and Tenth Plan were functional. The only exception was the Advanced Trauma Centre (Phase-I) which was stated to be complete but not functional. The Committee sought to have the reasons for the abnormal delay in the operationalisation of the Centre.

7.62 As regards the projects undertaken during the Eleventh Plan, the Committee found that out of 14 projects, 6 were reported to be complete and functional. The Committee had been informed that the only major project with an estimated expenditure of Rs. 35.92 crore was the Advanced Trauma Centre (Phase II) which was likely to be completed by September, 2010. The Committee pointed out that the Centre needed to be made functional also at the earliest. The Committee was not aware about the likely date of Advanced Trauma Centre (Phase I) becoming functional. For a project completed in the previous Plan remaining non-functional by the end of next Plan period was indeed a cause of serious concern. The Committee would appreciate if Advanced Trauma Centre (Phase I) was made functional without any further delay. Simultaneously preparatory exercise for sanction/appointment of required staff and procurement of equipment for the Advanced Trauma Centre (Phase II) might also be initiated. 7.63 The Committee was constrained to observe that nearly 50 percent of the vacancies were lying vacant at the level of Additional/Associate Professors. The Committee opined that the teaching standards at the Institute were being compromised with such a large number of vacancies. This situation could not be allowed to remain to persist any further. The Committee,

therefore, recommended to the Department to go for special recruitment drives at the earliest to fill up the vacant positions at the Institute. The Committee might be apprised of the efforts put in by the Department in this regard. (vii) North Eastern Indira Gandhi Regional Institute of Health & Medical Sciences (NEIGRIHMS), Shillong 7.64 The Committee sought to be briefed about the components of ‘further development plan’ of the Institute. The Committee sought to be given an idea whether the Institute had become fully operational and all the pending items of developmental work had been completed.

7.65 The Committee was very concerned at the continuance of a very large number of vacant positions in the Institute that was supposed to be developed on the pattern of AIIMS, New Delhi and PGIMER, Chandigarh and provide specialized health care to the deprived regions of North East India. The Committee noted that the efforts of the Institute to fill up Group “B” and “C” technical posts had yielded some fruits. But the same was not the case w.r.t. other categories of posts. The Committee wondered as to how the Institute could be considered functional when more than one-third of sanctioned Faculty posts were lying vacant and out of total strength of 189 posts of SRD/JRD, only 83 were in position. Both the teaching and healthcare facilities as envisaged were simply not there at present in the Institute. The Committee was of the opinion that manpower alongwith the infrastructure was the foremost important ingredient which was a must for smooth functioning of this Institute. The infrastructure having been put in place to a satisfactory level needs to be backed with requisite manpower. The Committee accordingly recommended to the Department to approach the CAT (Guwahati Bench) or an appropriate authority with a sense of urgency in public interest so that the case was settled or at least the stay was vacated to facilitate an early filling up of the vacancies. The Department needed to keep its relentless efforts to attract manpower by special incentives and special recruitment drives. The Committee might be updated on the issue. (viii) Central Institute of Psychiatry, Kanke, Ranchi (CIP, Ranchi) 7.66 The Committee noted with displeasure that the matter of creation of additional posts continued to be at a proposal stage even after about two years of directions given by the Jharkhand High Court. If this was the state of affairs inspite of a High Court intervention, the Committee was compelled to conclude that things were not going to show any marked improvement in the near future. The Committee pointed out that the Department has to play a more pro-active role in improving the services in a national level premier institute, especially because of High Court intervention. The Department must be aware that the area of services where CIP used to hold a commanding position in the earlier times was the most neglected area of our present-day healthcare. 7.67 As regards the redevelopment plan, inspite of the proposal being approved way back in 2008-09, the progress w.r.t. the redevelopment of the Institute was at snail’s pace. The Committee sought to have a status note on the redevelopment plan of the Institute inter-alia covering the components of the plan, funds earmarked and spent, timeline set for completion alongwith the progress made so far. The Committee recommended to the Department to give all requisite support – in monetary terms as well as in terms of expeditious bureaucratic clearances so that the redevelopment of the institute was achieved in a time bound manner.

(ix) Lady Hardinge Medical College and Smt. Sucheta Kripalani Hospital, New Delhi 7.68 The Committee was disappointed that there had been considerable delay in achieving the target of first phase of redevelopment of the college and its associated hospital. When enquired about the same, the Principal and Medical Superintendent of the College during his deposition before the Committee on 23rd March, 2010 informed that EFC for the comprehensive redevelopment plan envisaged three years back had already been cleared. The same was approved by the Cabinet Committee of Economic Affairs in the beginning of the last year. The approved plans were subsequently submitted to specific authorities of the Delhi Government and other institutions and out of 12 such authorities, approval from the Delhi Urban Arts Commission and the Forest Department was yet to be received. Accordingly, construction work could not be started. As soon as all the NOCs were available, tender would be floated for construction of buildings under phase -1 of Comprehensive Redevelopment Plan 7.69 The Committee desired that all the procedural delays coming in the way of Phase I of Comprehensive Redevelopment Plan of the Lady Hardinge Medical College and Sucheta Kriplani Hospital be removed at the earliest. The Department needed to play a more pro-active role in such matters. (x) Common Recommendations regarding Hospitals 7.70 The Committee was concerned with the procedural hassles coming in the way of the developmental work in various hospitals and institutions of repute under the Department. Though the Committee considered the laid down procedures as means of systemic checks and balances, yet it found no merit in their coming in the way of urgent developmental work, and that too for a project targeted at taking care of the health care needs of the common man of the country. The Committee was of the

considered opinion that the imperatives of development and environmental concerns need to be reconciled without further loss of time to avoid further time overruns in respect of this project. The Committee therefore recommended to the Department to have a centralized cell under a dedicated senior officer to coordinate all such procedural issues with the various agencies. The Department needed to play a proactive role here. If required, the matter might be taken up at the senior most level to facilitate early sanction of requisite statutory clearances and the concerned approving authorities might also be apprised of the Committee’s concern over approval delays in this regard. The Committee might be informed about the progress made in this regard. 7.71 The Committee was pained by the fact that the healthcare fraternity under the Department had to function under very stressful conditions. Taking strong view of the enormous patient load in almost all the institutions/hospitals under the Department, which was in many cases manifold than envisaged, the Committee sought to make a general recommendation to the Department. It recommended strongly to the Department to have an independent reassessment of manpower done in all the institutions/hospitals under it – sanctioned vis-à-vis the patient load of the hospital. The Committee also recommended a close monitoring of the vacancies in all the institutions/hospitals of the Department under a dedicated senior officer for coordination between the institutions/hospitals and the recruitment agencies so as to facilitate early filling up of vacant posts.

(xi) Oversight Committee

7.72 The Committee viewed with serious concern the non-implementation of the recommendations of the Oversight Committee. The matter was more serious when the Department was apparently going for expansion only in those disciplines where seats could be enhanced initially with existing infrastructure with suitable augmentation of manpower. Funds did not seem to be a problem in the instant case as most of the approved outlay for the Eleventh Plan was still lying unutilized. Therefore, the Committee recommended to the Department to chart out a concrete strategy for implementing this constitutional obligation in a time bound manner and on priority basis. The Committee sought the Department to explain as to how the expenditure figures of Rs. 16.90 crore (upto 28-2-2010) jumped to Rs. 50.00 crore in a matter of one month. (xii) Pradhan Mantri Swasthya Suraksha Yojna (PMSSY) 7.73 Such a slow progress of implementation was bound to result in huge amount remaining unutilized at the end of the Plan period. The Committee had time and again been inviting the attention of the Department towards the urgent need to take some corrective measures, but it appeared that the same had not yielded fruits atleast till then. 7.74 After an assessment of the progress of various components under the Scheme, the Committee in its 27th Report had made its apprehensions very clear that with the way things were moving, it would take at least another Plan period before the six AIIMS like Institutions would actually start functioning. After a gap of two years, the Committee found that its apprehensions had proved to be correct. It was still a distant dream to see these Institutions functioning. The reason was that even after the completion of infrastructure related work, the Department had to concentrate on a whole lot of issues including manpower. The Committee pointed out that this ambitious project was of critical importance for creating much required tertiary health care facilities in the country. Under funding of the project should not be allowed to come in the way of access to quality and affordable health care for all. The Committee, therefore, recommended that higher level of funds, as required, be allocated under this head at RE stage during 2010-11. 7.75 In the opinion of the Committee, the reasons cited for the delay were very flimsy in nature and indicative of ineffectiveness of monitoring and coordination mechanism. The Committee was of the firm opinion that had proper coordination been done with the concerned agencies of the States and if the Department had pursued the project vigorously towards achieving the set targets, it could have approached the State Governments at an appropriate higher level to thrash out State specific problems. The same was apparently lacking on the part of the Department. 7.76 The Committee had been monitoring the progress of implementation of PMSSY very closely. The Committee observeed that scheduled dates of various stages of different components of both AIIMS like institutions alongwith their residential complexes and upgradation of 13 existing medical colleges had been revised time and again for varying reasons. The Committee was perturbed to note that this ambitious programme was launched on 15th July, 2003. Even after a lapse of more than six years, the likely date for selection of contractors had been given as April, 2010, with civil work supposed to start in June, 2010 and date of completion projected as December, 207. As per the latest information, bids for the project were under finalization. Similarly, with regard to residential complexes, time-lines had been revised, indicating a delay of six months to one year. The Committee apprehended that there were all chances of further revision of date of completion. For example, whereas only 15 percent and 20 percent of construction work in respect of Bhubaneswar and Bhopal residential complex, respectively, had been reported, their likely date of completion was December, 2010. 7.77 Position with regard to upgradation of 13 medical colleges was also quite discouraging. Here also with the exception of Trivandrum Medical College (reported to be complete and ready for inauguration), likely date of completion in respect of the

remaining colleges indicated shifting 6 months to one year. Here again in respect of RIMS, Ranchi 15 percent progress, and for Srinagar Medical College, 39 percent progress had been made till then. 7.78 The Committee appreciated the candid admission of the Secretary regarding errors of judgment of the Department and lack of adequate monitoring while implementing the Scheme. The Committee pointed out that this alone would not suffice. The new monitoring mechanism had to be in place immediately and every effort had to be made to adhere to the fresh timelines set under various components of the Scheme. The Committee sought to emphasize that the revised estimate of Rs. 820 crore for each AIIMS like Institution was more than two and half times when compared with original estimate of Rs. 332 crore. Therefore, it was essential to adhere to the new time lines, otherwise there was every possibility of further escalation. The Committee found that PMSSY was conceptualized in the first year of the Tenth Plan. As the things stand today, one could hope of its becoming operational only in the beginning of the Twelfth Plan.

7.79 The Committee also recommended to the Department to start ground work in respect of the issues like requirement of manpower, machines and equipments etc. so that once the construction work was complete, no further delay was caused in the operationalisation of the Institutes. 7.80 The Committee took a very serious view of the persistent non-compliance of an assurance given by the then Secretary during his presentation before the Committee during examination of Demand for Grants (2008-09) of the Ministry to furnish a status report to the Committee regarding implementation of PMSSY project after every two months. The project is one of the landmark initiatives to enable the people of this country across states to have access to quality healthcare. Further, it involved enormous amount of precious tax payer’s money. Therefore the Committee needed to keep a close watch on the progress of the Scheme. The Committee therefore reminded the Department to be careful and keep its assurance given before a Parliamentary Committee mandated to scrutinize its work. 7.81 The Committee was happy to note that the second phase would extend the reach of AIIMS like facilities to more underserved areas of the country and would help in upgradation of other medical college institutions. However, the Committee cautioned the Department to be careful from the outset so that the problems that afflicted the first phase did not recur here. The Committee sought to be apprised of the progress made in implementing the second phase of the Scheme. (xiii) Development of Nursing Services 7.82 The Committee was not happy with the abnormal delays in bureaucratic procedures of seeking approval. However, now that the new scheme had got the requisite approval of the Cabinet, the Committee would recommend to the Department to pursue the various components under the scheme vigorously. The Committee also recommended to the Department to make a realistic assessment of funds requirement for various components and seek more funds at the RE stage.

7.83 On an analysis of various physical targets set and their achievement level during the first three years of the Eleventh Plan, the Committee found a discouraging scenario. Achievement in the most crucial component, i.e., training of nursing personnel had remained much below the the targeted coverage. Against a target of training of 8000, 9000 and 12000 nursing personnel during 2007-08, 2008-09 and 2009-10, funds could be released for training of only 2400, 2880 and 2800 nursing personnel during these three years. It was not known as to whether the reported number of nurses could be eventually trained. 7.84 The Committee was not prepared to accept the stand of the Department that for both training and strengthening of institutions proposals had to come from the States. When the Department had started the scheme, and rightly so as per requirement of the profession, it had to take lead and responsibility to make it successful. It should motivate the nursing institutions to come up with proposals to avail the benefits under the scheme. Mere formal requests does not make any scheme successful. Concerted efforts needed to be made by the Department in this regard.

7.85 Another area of concern for the Committee had been strengthening of RAK College of Nursing as Centre of Excellence. Even before the beginning of the Eleventh Plan, this project was being shown as under progress. The Committee found that the work for upgradation of RAK College of Nursing into Centre of Excellence had been entrusted to HSCC which had completed the work of renovation of existing building. However, the new construction had not yet started due to pending clearances and approval of concept plan from various statutory bodies. When asked on this specific issue during the meeting of the Committee on 23rd March, 2010, the Committee was informed that there had been a problem due to the fact that the Department did not have the ownership of the land in favour of RAK College of Nursing. The matter had been taken up with the Department of Urban Development and the Land and Development Office and would be sorted out.

7.86 The Committee was not happy with the state of affairs of the work of upgradation of RAK College of Nursing into Centre of Excellence. This was the position when this old institution was located in Delhi itself. The Committee wondered as to whether any attempt of monitoring had been made by the Department so far. The project had been in the pipeline for many years now. The Committee recommended to the Department to make sincere efforts to sort out all the outstanding issues and problem areas hampering in the upgradation of the College at the earliest.

7.87 The Committee appreciated and welcomed the aforesaid initiatives taken by the Department. The Committee inferred that these measures would help in producing more number of nursing personnel. The Committee was happy to note that the Department had constructed 413 dwelling units for nurses and the Directorate of Estate had also allowed accommodation for Nurses in general pool. However, the Committee was still skeptical whether this would suffice the requirements. The Committee sought to be enlightened about the availability of dwelling units vis-à-vis the demand.

7.88 The Committee was of the considered opinion that maintaining a Live Register of nurses would be of great help in formulating the various policies w.r.t. the nursing personnel. Accordingly, the Department needed to take up the issue with all the State Councils with some sense of urgency. The Department might also think of some kind of framework whereby the State Councils were persuaded to start maintaining a live register of nurses as also share the details with the Department to facilitate better policy formulation.

7.89 The Committee was very concerned with the shocking findings of the nursing training programmes in Bihar, Orissa, Rajasthan, Madhya Pradesh and Uttar Pradesh that came into light after the rapid assessment made by WHO, in collaboration with Indian Nursing Council. The picture of other states was also stated to be no better. While appreciating the initiative taken by the Department, the Committee recommended that a strategy needed to be chalked out whereby institutions getting grants from the Department were brought under some kind of regular training quality assessment schedule. This would not only help in plugging the loopholes but also helped in devising better strategy for achieving desired training standards. (xiv) National Mental Health Programme (NMHP)

7.90 The Committee observed that during the first two years of the Plan period, utilization of allocated funds was minimal. Against an allocation of Rs. 70.00 crore in both the years, expenditure reported at the end of year was only Rs. 14.57 crore and Rs. 23.26 crore, respectively. Plan allocation of Rs. 70.00 crore in 2009-10 was reduced to Rs. 55.00 crore at the RE stage. The expenditure reported as on 28th February 2010 was Rs. 38 crore only.

7.91 The Committee found that achievement level vis-à-vis the physical targets set during 2007-08 and 2008-09 was also very discouraging as indicated below: 2007-08

Physical Targets Achievement level Extension of Distt. Mental Health Programme old/new districts Upgradation of psychiatric wings in 25 colleges

Funds released to 15 new DMHPs and 5 old DMHPs Funds released to 7 medical colleges

2008-09 Physical Targets

Achievement level

Assistance to 125 new and 100 old districts Upgradation of 2 existing Mental Hospitals to the level of NIMHANS

Grants released to 7 old districts. For new districts, scheme is under process ----

7.92 The Committee was disappointed to note that situation had deteriorated further in 2009-10. Following details were self-revealing:

Target Achievement (till date) Remarks Extension of DMHP to 50 new districts Support to 110 Old DMHPs on new pattern

Nil 2 DMHP on existing pattern

Expansion to new DMHP not approved by Government Non submission of Utilization Certificate led to grant of support to only 2 old DMHP.

Modernisation of Mental Hospital : 4 Upgradation of Psychiatric wings of 38 Medical Colleges/ General Hospitals Initiation of work of 11 Centers of Excellence and 40 PG departments in mental health specialties; NGO/PPP Other (Monitoring, Evaluation & Research):

Nil Upgradation of Psychiatric wings of 3 Medical Colleges/ General Hospitals Initiation of work of 6 Centers of Excellence and 13 PG departments in mental health specialties at 7 institutes; Nil Completion of evaluation of NMHP Programme

Non receipt of complete proposal from the State Government. Lack of receipt of adequate and complete proposals under the scheme from the States. Lack of receipt of adequate and complete proposals for Center of Excellence and PG departments under the scheme from the States. Scheme not yet approved by Government Research component of NMHP not approved yet

7.93 The Committee was aware that the slow pace of the implementation during the Tenth Plan had already resulted in the spillover of many components of the Programme to the Eleventh Plan. The Committee was dismayed at the persistent discouraging level of achievements under the parameters, viz., the financial and physical, set under this ambitious Programme. The Committee had been voicing its concern time and again in this regard and recommending to the Department to take immediate corrective measures to achieve the targets set under the Programme. But no corrective measure seemed to have been taken by the Department so far.

7.94 The Committee was aware that active cooperation of the State Governments was key to the success of a Programme of vast magnitude like this. However, it could not buy the argument that it was only the States who were responsible for not achieving the intended results under the Programme. The fact that EFC considered the proposal of NMHP only in July, 2008 and only after that it was placed before the CCEA for approval was proof of the procedural hassles that were hampering the Programme. Further, the Department needed to take a pro-active approach and try to bring all the States on board for effective implementation of the Programme and had regular interactions with them. It was high time that the problem areas hampering the implementation of the Programme were identified and suitable and timely action taken accordingly. 7.95 As regards the issue of shortage of manpower like trained Psychiatrists, Clinical Psychologists and Psychiatric social workers, the Committee shared the concerns of the Department. The Committee could only suggest that the requisite manpower needs to be attracted by offering a suitable compensation package and offering good working conditions. Another initiative which could be taken was to increase the number of seats in the field of Mental Health in the medical colleges across the country. The Committee sought to be briefed about the steps taken by the Department in this regard.

7.96 The Committee noted with displeasure that though the Department had proposed to include 200 more districts under this component during the Eleventh Plan, final approval was yet to be given by the competent authority. The Committee was informed that during 2010-11, the Department proposed to implement DMHP on new pattern to only existing 123 districts.

7.97 Majority of districts in the country had not still been covered under District Mental Health Programme, which was initiated way back in 1996. It has taken almost 15 years for extending the component to only 123 districts. With about 500 districts still remaining outside the reach of this vital aspect of the Programme, the Committee could only conclude that it had failed to take off so far. With the Secretary herself indicating a further delay, the Committee did not have hope of more districts being covered under this component and of the Programme in the near future. The Committee, therefore, recommended to the Department to seriously take all conceivable measures to cover the 200 Districts under DMHP, as envisaged in the Eleventh Plan period. (xv) National Cancer Control Programme (NCCP) 7.98 The Committee had been witnessing a consistent unsatisfactory level of performance under the various components of the Programme. Gap in physical targets and achievement level under different components of the Programme was evident in the Eleventh Plan period also. Neither the existing Regional Cancer Centres were being strengthened nor recognition being given to new Regional Centres. Shortfall was reported in the assistance being provided to existing/new oncology wings of Govt. Medical Colleges. District Cancer Programme had also not been showing satisfactory progress.

7.99 Performance level of the Programme became all the more discouraging when it was noticed that there was no shortage of funds. Funds were being duly allocated every year, religiously reduced at the RE stage and the utilization status at the end of the year reported to be under-utilized. The Committee noted the following figures of expenditure for 2007-08, 2008-09 and 2009-10 in respect of the National Cancer Control Programme (NCCP):- 2007-08 2008-09 2009-10 (as on 28.2.10) BE RE Actuals BE RE Actuals BE RE Actuals 140 70 46.32 120 120 33.60 95.00 35.00 14.24 7.100 The Committee was dismayed at the fact that the Department did not appear to be serious w.r.t. the implementation of this programme and the same was evident from the fact that the EFC for 11th Plan was being prepared by the Department and there was no approved scheme for the current Plan. 7.101 The Department itself had been admitting cancer to be one of the ten leading causes of death in India with nearly 7 to 9 lakh cases occurring every year. The Committee opined that this Programme could be singled out as one of the classic examples where inspite of ample fund allocation and good objectives, the Programme had not been able to take off in the desired manner due to apparent apathy of the Department.

7.102 The Committee was aware that the Department could utilize only Rs. 252.95 crore during the Tenth Plan out of an approved outlay of Rs. 333 crore. The Committee noted that the approved outlay for the Eleventh Plan had been increased about eight times to Rs. 2400 crore out of which only Rs. 94.16 crore had been utilized upto 28th February, 2010. This left Rs. 2300 crore (approx.) remaining to be utilized during the remaining two financial years of the Plan. Taking into account the provision of Rs. 155 crore during 2010-11, it still left behind a huge amount of funds to the tune of Rs. 2150 crore (approx.) left for the last financial year. With the current pace of utilization, the Committee apprehended that it was going to show a worse performance when compared with the Tenth Plan track record. 7.103 The Committee was very concerned with the persisting underutilization of funds earmarked under the Programme. The Committee in its earlier reports had been commenting on this issue and had been recommending to it to take some corrective steps in this regard. The Committee could not accept any justification in this regard as it was a clear indication of poor planning and execution as well as monitoring mechanism. The Committee hoped that at least now, the Department would take a more pro-active approach in getting all the requisite approvals without further delay and try to implement the revised Programme vigorously in the last two financial years with a focused strategy. 7.104 In order to identify weak links and ensure effective implementation of various components of the programme, the Committee had in its 27th Report recommended to the Department to give utmost priority to evaluation of the National Cancer Control Programme by a premier agency having experience of work in such Disease Control Programmes. However, in respect of a query in this regard, the Committee was informed that the programme was last evaluated in 2004 by the National Institute of Health and Family Welfare (NIHFW). Certain amendments in the programme were incorporated in 2005, in the light of that assessment. Another review had now become due. The process to select an independent outside agency had been initiated. 7.105 The Committee was unhappy to note that the Department had actually not taken any step further in the last two years. The Committee pointed out here that it was informed during examination of the Demands for Grants 2008-09 of the Department that the proposal submitted by the NIHFW for second evaluation of the NCCP was not up to the mark. In addition ICMR also submitted the proposal for evaluating the NCCP. It was stated that the Department decided to invite proposals from other organizations including IIM. However, no response had been received in the matter and hence no final decision could be taken regarding selection of the agency for evaluating the NCCP. The Committee opined that the severe underutilization of funds as well as the physical targets under the Programme warranted an immediate evaluation and necessary corrective measures. The Committee therefore recommended to the Department to immediately evaluate the implementation of the Programme so that all the loopholes and hurdles afflicting the smooth implementation of such an ambitious Programme were identified and corresponding corrective measures taken at the earliest. 7.106 The Committee noted that a large number of Utilization Certificates were pending against various colleges spread across the country. Maximum amount of pending UCs was against the following colleges:-

Sl. No.

Year of release of the grant

State

Name of the Institute

Amount (in Rupees)

1 2 3 4 5 1. 2007-08 Assam Dr. B.B. Barooah Cancer Instt. 05.00 crore

Guwahati under Centre of Excellence Scheme

2 2007-08 Himachal Pradesh

Indira Gandhi Medical College, Shimla under RCC Scheme

296,48,463/-

3. 2007-08 Madhya Pradesh

Cancer Hospital & Research Instt., Gwalior under DCCP Scheme

88.00 lakh

4. 2007-08 Mizoram Civil Hospital, Aizawl for development of oncology wing

01.00 crore

5. 2007-08 Punjab Govt. Medical College, Patiala for development of oncology wing

03.00 crore

6. 2007-08 Kerala Govt. Medical College, Kottayam, Kerala for development of oncology wing

01.00 crore

7. 2007-08 Chhattisgarh Pt. J.N. Medical College, Raipur 03.00 crore 8. 9

10.

2007-08 2007-08

2007-08

Haryana Rajasthan

Govt. Hospital, Bhiwani under development of oncology wing RNT Medical College, Udaipur for development of oncology wing

03.00 crore

1,95,87,000

11. 2008-09 Nagaland Naga Hospital Authority, Kohima for development of oncology wing

90.00 lakh

12. 2008-09 Punjab Guru Govind Singh Medical College & Hospital, Faridkot for development of oncology wing

03.00 crore

13. 2008-09 Tripura Cancer Hospital, Agartala (Under new RCC Scheme)

05.00 crore

14. 2008-09

Rajasthan S.N. Medical College, Jodhpur (Development of Oncology Wing)

01.50 crore

The Committee recommended to the Department to take immediate action to liquidate the pending UCs . The Committee might also be informed about the efforts made by it in this regard along with a status of all the pending UCs under the Programme.

(xvi) National Tobacco Control Programme (NTCP) 7.107 The Committee was constrained to observe that in 2007-08 and 2009-10 BE funds had to be revised downwards substantially at the RE stage keeping in view the pace of expenditure under the Programme. Against an allocation of Rs. 40.00 crore and Rs 30.00 crore in 2007-08 and 2009-10 respectively, an expenditure of only Rs. 13.98 crore and Rs. 16.60 crore had been reported.The Committee opined that time and again the Department brought the rhetoric of scarcity of funds and here it was not utilizing the available resources persistently. The Committee might be informed of the measures taken by the Department to optimally utilize the available resources under this Programme. 7.108 The Committee observed that launched as a pilot project in 12 districts of 6 States in 2007-08, by the end of 2009-10, Programme had been extended to only 42 districts of 21 States. It would not be wrong to conclude that the Programme continued to be run on a pilot basis even after three year of its launch. This was the position when the target was to extend the coverage to 100 districts by the end of 2008-09.

7.109 The Committee sought to remind the Department that subsequent to its examination of Demands for Grants of the Ministry for 2008-09, in its 27th Report, it had taken a strong view of the fact that despite the ‘in principle’ approval of the Planning Commission for setting up of the National Regulatory Authority and Referral Labs for testing Tar and Nicotine content and initiation of the process for seeking approval of the competent authority, no progress had been made for quite some time. Accordingly, the Committee had called for concerted efforts of the Department to achieve the approval of the competent authority for setting up of the National Regulatory Authority. However, as per information available with the Committee now, there had been ‘no’ improvement on this front even after a period of two years. The Committee was dismayed at the Department’s attitude in this regard. National Tobacco regulatory Authority was supposed to be pivotal to the whole Programme to help in effective implementation of Tobacco free initiatives. Even the progress w.r.t. setting up of tobacco testing labs had not seen any improvement. To aggravate the matter further, the Department had not been able to expand the Programme in more districts of the country as scheduled. Even the first Adult Tobacco Survey had been lingering on for quite some time. The Committee was upset with the way things were being managed under the Programme. Fixing realistic targets on paper is only the first step towards achieving a goal and the Committee did find the targets set to be realistic and achievable. Therefore, it was not

able to comprehend itself with the reasons for the delay in achieving the targets. The Committee, therefore, recommended some urgent and concrete action plan in achieving the targets set under the Programme in a time bound manner. 7.110 The Committee was happy to note that the Department was focusing on Mass Media/ IEC campaign to generate awareness among the common people about the harmful effects of tobacco products. Awareness among the common masses, especially the younger generation, was the key to success of the whole Programme. The Committee would recommend that events like coming Commonwealth Games, venues of cricket and other matches being played in India, public gathering like the kumbh melas etc. might also be utilized to generate awareness among people with Mass Media/ IEC campaign at the sites. 7.111 The Committee noted that though the Department had been able to come up with a law for restricting use and sale of the Tobacco products, the ground realities had not changed much. The various provisions of the Act were not being implemented in letter and spirit even in metro cities in India. Situation in respect of small towns and rural areas could well be imagined. The Department could not remain a silent spectator on such vital issues. A proper pro-active strategy should be developed whereby all the States were roped in to work sincerely in this regard. (xvii) Medical Education

7.112 The Committee was concerned with the fact that as many as 10 colleges were being considered for withdrawal of recognition and 15 more being issued show cause notices. From the large number of colleges caught compromising the standards while being scrutinized, it was clear that all was not well. This clubbed with the fact that these colleges were those which had come under scheduled scrutiny and there might be many which kept on functioning until they came under inspection scrutiny, made the matter more serious. The Committee sought to have a brief about the status of inspection of all the medical colleges inter-alia containing – the selection procedure vide which the colleges were selected for inspection, the date of establishment of college, date of inspection/s, shortcomings noticed and action taken during the last 5 years. The Committee might also be informed of the details w.r.t. the progress made for withdrawal of recognition of 10 colleges, show cause notice to 15 colleges and the court cases in respect of the 4 colleges. 7.113 The Committee was not inclined to agree with the Department’s view that all was well with the existing procedure for recognition of MBBS degree colleges. The Department could not escape from its responsibility by citing that it was the responsibility of the individual colleges to seek recognition. The Committee opined that the Department needed to have into consideration the psychological impact of such a situation on the final year students who in its opinion would be more anxious to see their college getting recognition rather than taking their examinations seriously. The Committee was of the considered view that the whole procedure of recognition should be complete well before the final year students took their examinations. The Committee therefore recommended to the Department to revisit its stand on the issue and come up with some concrete steps. A status note on the issue of recognition to 15 medical colleges where the first batches of MBBS students had appeared for final examination in the academic year 2010 might be furnished. 7.114 The Committee was in full agreement with the initiatives proposed by the DCI especially in view of the fact that so many seats were lying vacant year after year. Further, the Committee was of the firm opinion that education and accordingly the number of seats should be need based and keeping in view the demand and supply scenario. Here, by the figures available with the Committee, it was amply clear that there was an urgent need for intervention to balance the same. In view of the above, the Committee recommended to the Department to take some urgent steps in consultation with the DCI and the various State Governments, so that this unwanted trend was arrested at the earliest and precious resources were utilized purposefully in other areas of medical education. The Committee also recommended to the Department to actively consider the proposals submitted to it by the DCI regarding making norms of opening new college more stringent.

(xviii) Vacancies in CHS Cadre

7.115 The Committee noted with serious concern that apart from marginal improvement in GDMO sub-cadre, that too far too below any satisfactory level, there was seemingly no improvement in the filling up of the vacant positions across all the sub-cadres inspite of the sanctioned strength increasing in the three sub-cadres other than GDMO. The Committee was not convinced with the Department’s efforts because had the Department made sincere efforts there would have been some kind of forward movement in filling up the vacancies over the years. The Committee could not make out the delay in making recruitments by UPSC. Promotion vacancies could be filled up by convening DPCs. Further, the Committee was unable to understand the delay in notifying the revised CHS rules especially when there was urgency involved in the matter. Temporary and contractual measures could never be a solution in the long run.

7.116 The Committee sought to be apprised about the details of contractual/temporary appointments made under CHS for the past one year. The Committee sought to be furnished with a detailed note in respect of the posts under each sub-cadre, inter- alia covering issues like when it approached the UPSC for making direct recruitments, holding of DPCs, reasons for delay in notifying CHS rules and the efforts made by the Department for early filling up of the vacancies.

7.117 The Committee was happy to note that finally there was some respite in the offing to General Duty Medical Officers with PG qualification. The Committee recommended to the Department to pursue the matter sincerely so that the amendments were approved without further delay. The Committee sought to be apprised about the progress made in this regard. The Committee sought the details of the DACP scheme.

(xix) New Initiatives/Programmes 7.118 A number of new initiatives/programmes were proposed to be launched during the Eleventh Plan, preparatory exercise for some of which started even before the beginning of the Plan period. The Committee was constrained to observe that against the approved outlay of Rs. 12609.63 crore for the Eleventh Plan, very meagre allocation had been made for the first three years which had also remained almost unutilized. Status by the end of 2009-10 in respect of these initiatives/programmes clearly indicated that there was little hope of their taking off in the real sense by the end of Eleventh Plan, i.e. 2011-7. Following details were self-revealing:

NEW INITIATIVES/PROGRAMMES

STATUS BY THE END OF 2009-10 E-Health including Telemedicine Detailed EFC under preparation National Programme for Prevention and Control of Cardio-vascular Diseases and Stroke

EFC under process for approval

National Organ Transplant Programme Proposal is under Process Oral Health Scheme yet to be launched National Programme for Healthcare for Elderly Under process for approval

National Centre for Disease Control Under process for approval Setting up of Para-medical Institutions Under process for approval Strengthening/upgradation of pharmacy Schools Under process for approval Upgradation/strengthening of Nursing Services Under process for approval 7.119 Besides that, programmes on Control of Human Rabies and Prevention and Control of Flurosis were still being run on pilot project basis. So far only utilization of allocated fund had been very nominal. The Committee therefore recommended that process of approval for all these initiatives/programmes needed to be expedited so that substantial allocation proposed for 2010-11 was put to use for the targeted beneficiaries. (xx) Miscellaneous

7.120 The Committee opined that seven years was a long period and during this period several drugs would have become necessary for inclusion or deletion as per practical requirements. It was not happy with the delay in the revision of the List. It recommended an early updation of the List. The Committee might also be informed when did the updation process of NEDL started and whether there was a set time gap prescribed for initiating revision of the List. The Committee might also be informed of the progress made in this regard.

7.121 The Committee was happy with the introduction of such a policy tendering monetary award to informers providing information about the spurious drugs. The Committee sought to be apprised of the details of the policy along with any achievement made so far under the policy.

7.122 The Committee was pained by the fact that the poor patients had to pay for the branded name of the medicines. This state of affairs is leading the poor patients to huge financial debts. Besides, procurement of the branded/generic branded medicines for Govt. hospitals, dispensaries and CGHS led to heavy burden on the Exchequer comprising of precious taxpayer’s money. The Committee, therefore, recommended the Department to make it mandatory for the Govt. hospitals and CGHS to procure only generic medicines so that their procurement cost was reduced substantially without compromising on the quality and efficacy of such medicines. The Committee further recommended to the Department to initiate some measures so that generic medicines were not marketed and sold as generic branded medicines leading to exorbitant prices by the profiteering companies so that such medicines were available to the common man at reasonable prices. The Committee also recommended that it should be made mandatory for the Government Doctors to prescribe only generic medicines. The Committee might be informed of the action taken by the Department in this regard.

Part B National Rural Health Mission

(i) Budgetary Provisions 7.123 The allocation for Health Sector have been substantially enhanced from Rs. 36378.00 crore in the Tenth Plan to Rs. 1,31,650.92 crore in the Eleventh Plan. Approved outlay for NRHM for the Eleventh plan is Rs. 90558.00 crore. The Committee observed that plan allocation during the first four years of the plan period showed a gradual increase. However, substantial plan allocation still remained to be released. Out of total approved outlay of Rs. 90558.00 crore for NRHM, total allocation for the first four years of the Eleventh Plan amounted to Rs. 52,190.00 crore with a balance of Rs. 38368.00 crore remaining with only one year of the Plan period left. The Committee was constrained to observe that shortfall had been reported every year in the utilization of the allocated funds. Utilization status had simply failed to keep pace with the upward trend in the allocation as indicated below:-

(Rs in crores)

2007-08 2008-09 2009-10

Approved outlay

Expenditure Approved outlay

Expenditure Approved outlay

Expenditure (upto January,

2010)

10890.00 10380.40 11930.00 11260.18 13930.00 10013.91

What was more worrisome was that this discouraging trend was noticed under all the major sectors of NRHM, the only exception being Flexible Pool for State PIPs. The following details were self revealing:-

(Rs in crores) 2007-08 2008-09 2009-10 Scheme

Allocation Expenditure Allocation Expenditure Allocation Expenditure (upto 31.01.2010)

Disease Control Programme

10575.00 10160.45 11580.00 11117.85 13580.00 9898.07

Family Welfare

9418.00 9022.28 10193.43 10035.26 12178.93 9015.48

Routine Immunisation

317.00 236.64 615.00 166.52 414.21 247.77

7.124 The Committee had been informed that against the projected demand for Rs. 19,989.00 crore for NRHM, the Planning Commission had approved an outlay of Rs. 15440.00 crore for 2010-11. The lower approved outlay as compared to proposed outlay was likely to affect implementation of a number of ongoing schemes under NRHM like Mission Flexible Pool, RCH Flexible Pool, Infrastructure Maintenance, National Vector Borne Disease Control Programme, Revised National TB Programme, Management Information System and Routine Immunization. The Committee pointed out that under all such programmes which were going to be adversely affected due to non-allocation of required funds, funds allocated so far had remained underutilized during 2009-10, as indicated below:-

(Rs in crores) 2009-10

Schemes Allocation Expenditure (upto 30.01.2010)

Vector borne Disease Control Programme

442.00 227.73

National T.B.Control Programme 37.25 259.60

Infrastructure Maintenance 3087.68 2642.60

RCH Flexible Pool 3545.00 2641.84

Mission Flexible Pool 3567.27 2479.17

IEC 186.31 75.95

Routine Immunization 414.21 247.77

7.125 Not only this, with the exception of Mission and RCH Flexible Pool in other programmes, position had been more or less the same during 2007-08 and 2008-09 also. Committee’s attention had also been drawn by the fact that provisions for all these programmes had been made at an enhanced level in 2010-11 when compared with 2009-10 allocations. The Committee desired that concerted efforts be made by all concerned for optimum and judicious utilization of allocated funds. If required, at the time of mid-year assessment, the Department could pursue for additional funds with the Planning Commission and Ministry of Finance

7.126 The Committee viewed with serious concern the trend of allocation of funds and utilization thereof in some other crucial programmes such as National Programme for Control of Blindness, Iodine Deficiency Disorder Control Programme, Procurement of Drugs and Equipments under RCH, Information Education and Communication (Both RCH & Non-RCH) and

Area Projects were some of the other programmes under which performance level during the Eleventh Plan so far had also been far from satisfactory. The Committee had been repeatedly cautioning the Department to take remedial measures to ensure optimum utilization of funds year after year. However, no significant improvement had been noticed so far. The case for Procurement of Drugs and Equipments under RCH remained a classic example, where, during 2008-09 Rs. 300 crore was allocated and no expenditure was made. Again, in 2009-10 an initial outlay of Rs. 100 crore were made under the same head which was revised upwards to Rs. 150 crore and no expenditure was reported to be there up till January, 2010. Approved outlay of Rs. 1500 crore for the Eleventh Plan had thus remained unspent in spite of three years of the Plan period being over. 7.127 The Committee strongly felt that poor planning and execution on the part of the Department regarding the various on-going schemes had been responsible for such a discouraging scenario. The Committee was well aware of the fact that in a vast country like ours, with healthcare facilities specially in the rural areas showing a negligible presence, need for additional fund would also be there. The Committee had also been strongly advocating the case for enhanced allocation of funds for NRHM but the trend of under-utilization/ unutilisation weakens the justification for higher provision of funds. The Committee was also aware of the fact that Union Government alone could not achieve the targeted goals. It had to carry out the implementation with the active support of State Governments. The Committee, therefore, once again recommended to the Department to make its monitoring mechanism more effective so that such large amount of funds did not lapse/remain unutilized. The Committee also suggested to the Department to undertake a comprehensive self-assessment study on the means and methods used to improve financial accountability under the Mission so far, and based on the findings, to devise a mechanism whereby funds utilization for the rest of the Mission period could be in a better state. Taking note of significant and persistent shortfall in utilization of the budgeted funds, the Committee sought the Department to exercise greater prudence in their budget formulation and made their estimates only after proper assessment and planning. 7.128 NRHM was targeted to provide accessible, affordable and equitable health care services for people living in rural areas of the country with focus on under-served population and marginalized groups. Therefore, it was the considered view of the Committee that under-funding should not be allowed to come in the way of delivery of essential and quality health care to the most vulnerable sections of our society. The Committee, therefore, recommended that additional funds be allocated under NRHM wherever required. 7.129 The Committee observed that 2083 number of pending UCs amounting to Rs. 7785.00 crore was too large to be comfortable with. The Committee noted that the biggest defaulters in terms of amount involved in pending UCs were Uttar Pradesh (Rs. 1097.39 crore), Karnataka (Rs. 596.08 crore), Bihar (Rs. 537.74 crore) and Assam ( Rs 437.11 crore) and unreconciled amount was to the tune of Rs. 707.40 crore involved in 31 UCs. The Committee was also astonished to find that the pendency of UCs had been continuing year after year, especially in case of the High Focus States, EAG States and NE Region, although well over two-thirds of the time period of NRHM( 2005- 2010) was over. What was more astonishing was that Union Territories like Delhi, Chandigarh, Puduchery and A&N Islands also figured in the list.

7.130 The Committee pointed out that mere advisories/ DOs to States for liquidation of pending UCs was not a tenable solution for expeditious liquidation of pending UCs. The Committee was of the view that monitoring of pending UCs needs to be further strengthened. The Committee also recommended that a senior officer be assigned the task of laising with the States and monitor the progress in this regard on a quarterly basis. The Committee sought to be apprised of the action taken to revamp the monitoring of pending UCs. The Committee was also of the view that the Department should take up the matter with the States showing maximum pendency of UCs at the highest level impressing upon them the imperative of furnishing the UCs timely and exercising fiscal discipline.

7.131 Not only this percentage of utilization in respect of States/ UTs like A&N Islands, Haryana, J&K, Lakshadweep, Meghalaya and Uttrakhand was between 45% to 50%. The very fact that the level of expenditure of Rs. 3254.29 crore as on 31.03.2009 was even less than the opening balance of Rs. 4150.07 crore as on 01.04.2008 available with States, compelled the Committee to conclude that States were simply not able to take the full benefit of Central funds. A number of reasons had been cited by the Department being responsible for low capacity of States. The Committee was not prepared to accept the Department’s contention that delay in taking up execution of civil works due to State healthcare departments being dependent on PWD and other State agencies, as the main factor behind such a scenario. The other reasons like requirement of opening of Back Account at each level and lack of proper planning for under-served areas were also equally unconvincing. The Committee strongly felt that these were all such matters which should have been resolved in the initial one or two years of NRHM. The Committee pointed out that monitoring and joint review missions of NRHM needed to be followed by resolving of major constraints like shortage of qualified and trained manpower and lack of infrastructural facilities. Otherwise allocated funds would continue to remain under-utilized every year defeating the very purpose of launching of NRHM in a mission mode. 7.132 The Committee was surprised to note that under RCH Flexible Pool also Opening Balance amounting to Rs. 1157.46 crore was available as on 01.04.2008 with different States. Assam with availability of Rs. 126.67 crore, Maharashtra with Rs. 209.69 crore, Tamil Nady with Rs. 97.73 crore, U.P with Rs. 192.33 crore and West Bengal with Rs. 101.59 crore could be considered slow performing States. Not only this, States like Goa, Meghalaya and Tripura failed to utilise even the opening balance during the course of the year. Percentage of utilization of total allocated funds (opening balance + Release) was very low

in respect of A&N Islands (44%), Assam (53%), Goa(23%), Haryana (52%), Himachal Pradesh (53%), J&K (40%), Manipur (54%), Meghalaya (26%), Nagaland (45%), Tamil Nadu (40%), Tripura (33%) and West Bengal (40%). The Committee was very disappointed with such a utilization status, specially because under RCH Flexible Pool, States/ UTs had the flexibility to plan on a need basis without being bound by rigid normative prescriptions. The Committee, therefore, felt that with more than two-third of the mission period already being over, it was high time that the Department identified the problem areas in the implementation of various components of RCH Flexible Pool and took measures for resolving the same. A beginning could be made by approaching the states lagging behind on a priority basis. (ii) Infrastucture Strengthening Healthcare Units 7.133 The Committee while taking note of progress made in strengthening the primary health infrastructure after the launch of NRHM pointed out that considerable gap still continues to persist. In this connection, Committee’s attention had been drawn by Performance Audit of NRHM by CAG (Report No. 8 of 2009-10) there was a shortfall of 43987 Sub-Centres (27%) in 22 States/ UTs, 8613 PHCs (31%) in 21 States/ UTs and 4200 CHCs (55%) in 23 States./ UTs which were required to be created during the NRHM period (2005-12). Target of creation of 30% of new infrastructure by 2007, i.e. 13196 sub-centres, 2585 PHCs and 1261 CHCs could not be fulfilled. According to the CAG Report, as many as 14 States/ UTs failed to take any initiative for bridging the gap. Out of the target of 43987 sub-centres 8613 PHCs and 4200 CHCs only 2562 Sub-centres, 685 PHCs and 138 CHCs could be set-up. The Committee only hoped that 935 Sub-Centres, 178 PHCs and 67 CHCs reported to be under construction during CAG Audit must have been completed and become fully functional by now. The Committee pointed out that even as per the target of 2007, there was a shortfall of 9749 sub-centres, also 1722 PHCs and 1056 CHCs. Against this backdrop, bridging the gap of 43987 sub-centres, 8613 PHCs and 4200 CHCs by the end of mission period i.e. 2012 seemed to be an uphill task. The Committee pointed out that the targets set up under NRHM were as per the population norms of 2001. The shortfall of infrastructure was bound to increase manifold once 2011 census was over and population norms revised. The Committee had also taken note of the fact that only very few states like Assam, Chhatisgarh, Rajasthan, Uttarkhand and Lakshadweep had made an attempt to achieve the target of 2007, while the remaining states reported nil achievement. The Committee, therefore, recommended that the Department have to pursue vigorously with all the non-performing states, otherwise even the basic objective of NRHM of having the minimum required infrastructure would also remain unfulfilled. 7.134 The Committee was perturbed to find that out of 1,46,036 Sub-Centres, as many as 67233 Centre were functioning from rented buildings. From the details furnished by the Department, the Committee found that a large number of States had simply failed to take benefit from Central funds being provided for construction/ upgradation of sub-centre buildings. In States/UTs like Himachal Pradesh, J&K, Tamil Nadu, A&N Islands, D&N Haveli, Daman & Diu, Chandigarh, Lakshadweep, Puducherry no construction activity had been initiated so far. In States which had taken some initiative in this regard, percentage of sub-centres being strengthened/ upgraded was very low. 7.135 The Committee was not convinced by the clarification given by the Department that in some States, sub-centres were working in other Government buildings/ spaces provided by Panchayats etc. The Committee also apprehended that condition of PHC and CHC buildings would also be no better. The fact remained that there was an urgent need for undertaking a review of present condition of all the Sub-centre/ PHC/ CHC buildings across the country and undertook the required construction under a time-bound Action Plan.

7.136 The Committee’s attention was also drawn by the damaging report given by the CAG in its latest report on this crucial aspect. As per CAG report, among audited units, 216 sub-centres (16%) of 10 States and 19 PHCs (3% of 4 states, were operating without buildings 435 sub-centres (32%) of 28 states/ UTs and 102 PHCs (15%) of 17 States and 7 CHCs of 4 States were operating in a rented building/ Panchayat Bhawan/ Others. 217 Sub-centres (16%) of 16 States/ UTs, 86 PHCs (13%) of 16 States/ UTs and 23 CHCs (7%) of 5 States/ UTs were functioning in dilapidated buildings. 7.137 Another cause of serious concern for the Committee was the lack of basic infrastructural facilities noticed by the test checks carried out by the CAG. Following details were self-revealing:-

Sub-Centres

PHCs CHCs

Infrastructural Deficiences

SSates

NNo.of SCs

%age

States

No of PHCs

%%age

SStates

No. of CHCs

%%age

Lack of separate

22 1110

66 33

utilities for men and women

8 8 81 26 431 3 22 102 2

No arrangement for water supply

227

5529

39

18

120

117

27

529

339

No infrastructure for water storage

228

11008

74

24

287

442

28

1008

774

No sewage disposal facility

118

6668

49

23

241

335

18

668

449

The Committee pointed out that Performance Audit by CAG covered all the 33 States/ UTs with 123 districts covering 2369 health Centres. These 123 districts were selected from all the States. In each selected district-3 CHCs, 6 PHCs and 12 Sub-Centres were audited. The Committee, taking note of CAG findings, in these 123 districts, apprehended that position would be more or less the same in the remaining districts of the country.

7.138 The Committee pointed out that one of the key objectives of NRHM was to provide improved health care services through creation of adequate number of SCs, PHCs and CHCs. However, this basic goal of NRHM had failed to show the desired results. This had been amply proved in the latest Performance Audit of NRHM conducted by the CAG. The Committee had also been expressing grave concern regarding lack of adequate rural health infrastructure, especially in High Focus States from time to time. Even though NRHM had completed its 5th year since commencement, much remained to be accomplished so far as infrastructure development was concerned. With two more years of the Mission period remaining, the Committee wondered if the targets to overcome the shortfall of Health Care Infrastructure would be met in the real sense. The Committee, therefore, once again urged the Department to quicken the pace of implementation so that it did not remain very far off from the targeted goals. Rural Health Functionaries 7.139 The Committee was also quite disappointed with the progress made over the past four years regarding filling up the vacant posts of the various healthcare functionaries under NRHM. The Committee observed that one of the most important objectives with which the Mission was launched at the outset was to ensure the availability of the various healthcare functionaries, i.e. ANMs/ MPWs(M) /LHVs/ Lab Technicians, doctors and specialists at Sub-Centres, PHCs and CHCs at the right places. Realizing that their presence was essential for the smooth functioning of health centres and hence, important for the success of the Mission, the Committee had been recommending to the Department year after year to take up the issue of non-filling up of the vacancies with the States/UTs. However, there seemed to be no significant improvement in the situation. The Committee felt that four years of focused attention, and considerable infusion of funds under NRHM, aimed to create a brigade of healthcare was a long enough time for the situation to have improved. Neither the flow of funds nor the efforts of the Department were found wanting. The only conclusion the Committee could draw was that required manpower for the Health Centres was simply not available in majority of the States.

7.140 The Committee also noted with dismay that the latest data about healthcare functionaries was not available with the Department. The Committee emphasized that building up of capacity at the grass roots level was an essential part of a proper planning process and improvements in this regard could only be noticed if the planned measures were put to implementation. One must not forget that these key functionaries were also pivotal in the collection and dissemination of health related information from the field levels. The Committee would, therefore, appreciate if updated data was got collected by the Department in coordination with the States/ UTs. Only then it would be possible to make a proper assessment of the ground realities and plan for augmentation of both the extant and future capacity of manpower in the States.

7.141 Another area of concern for the Committee was the number of contractual appointments being made under the Mission to fill up the various vacant posts. The Committee observeed that out of total 1,53,568 ANMs in-position in health centres across

the country, 46,315 ANMs were on contract basis. The Committee was constrained to note that such ANMS were concentrated in a few states as indicated below:-

Sl. No.

States ANMs in -position -

Contractual ANMs

1. Bihar 9127 5896

2. Jharkhand 5011 3204

3. Assam 8289 4575

4. Andhra Pradesh 12541 9505

5. Haryana 2592 2465

6. Maharashtra 12027 6250

Similarly, out of 4279 Specialists in-position, as many as 2426 are on contract basis.

7.142 The Committee felt that for effective delivery of public health services, it was essential that service personnel were present continuously in their place of postings. However, with more and more number of contractual manpower being recruited under NRHM, the Committee feared that the accountability mechanism under the programme would get diluted, thereby affecting the delivery of quality services to the masses. The Committee, accordingly, recommended to the Department that an All India level drive for filling up of the vacant posts, first against the sanctioned strength and thereafter against the required strength needed to be undertaken in a mission mode so that by the end of NRHM significant improvement is more than evident. (iii) Mission Flexible Pool 7.143 The Committee was anguished to note the huge shortfall in utilization of the budgeted funds and also the substantial variation between the projected demand for funds and the sanctioned provisions. The Committee observed that at a time when equitable access to health facilities across the social and geographical expanse of the country was the declared policy of the Government such inefficiencies in utilization of funds could prove to be a potent deterrent. The Committee sought the Department to impress upon all concerned including the State Governments the imperative need to review their existing mechanism for assessment of requirement of funds and took corrective action to overcome the deficiencies in the existing system so that the possibility of surrendering unspent/under-utilized funds was obviated.

Upgradation of PHCs/ CHCs

7.144 The Committee observed that while Tamil Nadu had been able to operationalise all its PHCs 24x7, no other state had been able to achieve such a feat. The Committee observed that the status of PHCs running 24x7 in some of the States needed to be revisited. States indicated above needed to double up their efforts so as to achieve the targets of making all the PHCs operational 24x7. The Committee failed to understand as to what could be the hindrance, specially when funds were available for the purpose. The Committee recommended the Department to take up the matter of increasing the number of PHCs operating 24x7 as well as upgradation of PHCs/ CHCs to FRUs with all the States/ UTs so that a critical service like Health Care was available to the targeted beneficiaries wherever required. 7.145 Another initiative under NRHM was to upgrade all CHCs to IPHS standards by 2010 in a phased manner in all the States/UTs. From the latest information furnished to it the Committee found that in States/ UTs like Bihar, Chattisgarh, Himachal Pradesh, Jharkhand, Sikkim, Andhra Pradesh, Chandigarh, Dadra & Nagar Haveli, Lakshawdeep, Delhi, inspite of CHCs being selected for upgradation to IPHS, no progress had been reported so far.

7.146 The Committee also noted that the status of percentage of physical upgradation of CHCs in States like J&K (26%), Orissa (13%), MP (4%), Tripura (33%), Kerala (29%), West Bengal (9%) and A&N Island (25%) was far from satisfactory. The Committee failed to understand as to what could be the inherent constraints being faced by these States in upgrading their CHCs inspite of required funds being made available by the Centre. The Committee impressed upon the Department that the very objective of NRHM was to provide quality health care facilities which were not available earlier and therefore, the Department had embarked upon upgrading the facilities into IPHS. With such low level of achievements it could not be said that the States were doing well in the progress of the work. This was all the more disturbing when there was a considerable gap between the required and existing CHCs. The Committee was constrained to note that the Department was perhaps not persuing the matter with the State Government for the need to focus their attention so that the targets were met within their prescribed time-lines.

With only 1255 CHCs taken up for renovation so far, the target of upgrading all CHCs to IPHS standards by 2010 was likely to remain unaccomplished. 7.147 The Committee, however, noted that only 22 States/UTs had furnished IDHAPs fully, while, even by the end of March 2010, as many as 12 States/UTs were yet to furnish the IDHAPs 100 percent. Goa, D&N Haveli and Lakshadweep had not been able to submit a single IDHAP, while Rajasthan had been able to furnish only 26 out of the 33 IDHAPs. This was the position when timeline to complete the submission of IDHAPs by the States/UTs was by the end of 2008. The Committee failed to understand what could be the possible reasons for such inordinate delays in the submission of IDHAPs. The Committee emphasized that Integrated District Health Action Plans were the very basis for improving the availability of health care facilities in a district. In the absence of a concrete plan of action drawn by the districts, proper health care facilities for people residing in such districts could not be developed optimally. The Committee therefore, impressed upon the Department to vigorously pursue this issue with concerned States/UTs to furnish the same as early as possible.

Rogi Kalyan Samitis

7.148 The Committee emphasized that there was an urgent need for monitoring of the functioning of RKS at ground level. Merely obtaining quarterly/ annual reports about funds allocated/ utilized would not serve the purpose. A beginning needed to be made by taking up follow-up action with all the States/ UTs where performance of RKS had not been found satisfactory by CAG. Grants to State Training Institutions

7.149 The success of Family Welfare Programme depended to a large extent, upon the availability of qualified, trained and dedicated healthcare functionaries. Training at various level was imparted through the network of Training Centres and Schools. Approved outlay of Rs. 669.58 crore had been kept under Eleventh Plan for grants to State Training Institutions. The Committee noted that out of this allocation, major funding of Rs. 520.48 crore was meant for basic training for ANMs/ LHVs and Rs. 56.09 crore for basic training for MPWs (Male). The Committee noted that out of Rs. 520.48 crore kept for training of ANMs/ LHVs, only Rs. 218.04 crore had been released during the first three years of the Eleventh Plan. With Rs. 85.18 crore proposed for 2010-11, more than Rs. 200.00 crore would be left for the last year of the plan period. Not only this, during 2008-09 and 2009-10, the allocated funds had remained under-utilised. The Committee found that funds meant for basic training for MPWs (Male) also could not be put to optimum use during the Eleventh Plan period so far. 7.150 While trying to analyse the reasons for such a state of affairs under the most crucial component i.e., training of key functionaries positioned at Sub-Centres and PHCs, the Committee found that limited capacity of ANM schools posed problems in availability of ANMs. In other words, the lack of training school for ANMs was also indirectly responsible for shortage of ANMs. The Committee was given to understand that States had the option to use NRHM resources to restart/ open new ANM training schools. The Committee also noted that Lady Health Visitors, a promotional post for ANMs, were required to undergo 6 months training in LHV training schools. However, due to LHV training schools being closed down in many States, required training was not being imparted to LHVs. Situation was more grim with respect to training of MPWs (Male) as States had simply stopped recruitment of MPWs (Male) for many years due to closing down of training schools. The Committee was not aware about the reasons for lack of interest on the part of State Governments for creating/ strengthening the training schools meant for key Health functionaries with the support of Central Funds. The Committee strongly felt that it was high time for the Department to make an assessment of this crucial area in consultation with all the States/ UTs and bring about all round improvement. One must not forget that a fully trained and qualified health worker alone could handle his job responsibilities effectively.

Training of ASHAs 7.151 The Committee viewed with serious concern the gap in meeting the targets of ASHA training upto IVth Module in most of the States. The Committee was not convinced by the reason furnished by the Department that the delay was only confined to the 4th Module training in ASHAs in some of the States. Keeping in view the key role ASHA played in achievement of various NRHM objectives, these gaps needed to be addressed with a sense of urgency. The Committee observed that given the low level of availability of health care services in the rural areas of high focused States, they could not afford to be off-target in such a crucial area as training to ASHA. The Committee, therefore, recommended to the Department to impress upon all the States/UTs, particularly those lagging behind, to take immediate corrective steps to meet the targets fixed in this regard. The Committee sought to be apprised of the state-wise updated status of progress made towards bridging the gaps in the IVth Module training of ASHA. Drug Kits for ASHAs

7.152 The Committee genuinely believed that unless all the eligible ASHAs were provided with drug kits, the initial health activities/ work bestowed upon her would be hampered. The Committee sought the Department to furnish state-wise updated details of drug kits distributed to the ASHAs. The Committee, therefore, recommended that along with all the selected ASHAs being fully trained, equipping them with drug kits also needed to be monitored. Gaps, wherever noticed, had to be removed

without any further delay. At the same time the Department should take up with all the States where discrepancies had been noticed in the distribution of drug kits. Role of ASHA 7.153 The Committee noted that from the interim findings of the National Health System Resource Centre (NHSRC) note made available to the Committee that NHSRC had identified five areas for strengthening the ASHA programme:-

- Role Clarity - Payment mechanism - Training strategies and focus - Supervision and Support - Financing package.

7.154 The initial findings of the NHSRC note, among other recommendations, confirmed the Committee’s apprehensions regarding role clarity of ASHA and reinforced the Committee’s view point that ‘a clear set of measurable health outcomes on priority goals’ might be determined for ASHAs with a ‘provision of a limited range of services’. The Committee understood that by now the NHSRC Report on the review of job responsibilities and role clarity of ANM and AWW would have been submitted to the Department. The Committee recommended to the Department to take due cognizance of the observations of NHSRC and to take immediate measures to implement the same right from the first quarter of 2010-11 so that positive results in this regards become visible by the year-end. The Committee also recommended that in the meanwhile, a minimum amount per month as allowance as recommended by the Mission Steering Group, apart from the incentives per programme as currently done, might be given to ASHA as remuneration. Mobile Medical Units

7.155 The Committee was not very convinced by the Department’s replies regarding procurement and provision of MMUs. The Department had informed that States, based on their need and the resources put forth their demands for MMUs in the state PIPs. However, the Committee felt that the Department should take active interest in promoting and providing MMUs to the uncovered/ under-covered districts of the country. The Committee noted that States/ UTs like U.P, Chhattisgarh, Himachal Pradesh were some of the States where the health care indices were already on slippery ground. However, with not even a single MMU available in any of the district in the aforesaid States one could imagine the status of accessibility of healthcare services in under-served/ unserved areas. Non-operationalisation/ inadequate functioning of MMUs aggravated the problem further. The Committee observed that the Department would have to devise other means and methods beyond mere pursuance with the States, to impress the need for the presence of MMUs at the district level so that some emergency medical services could be made available to needy. 7.156 Of the 354 MMUs operational in the country, the fact as to how many of them were actually functional was unclear. Moreover, it was also unclear as to whether any assessment had been made to find out that the MMUs purchased till date confirm to the standards. CAG findings in its latest report were quite alarming. The Committee noted that MMUs procured in Manipur remained unutilized as of October, 2008 for want of technical know-how and Specialist doctors. Similarly, MMUs were duly procured by Tripura but remained unutilized. Expression of interest was floated in May, 2008 inviting interested NGOs/ Charitable Organisations for operationalising the MMUs. 7.157 The Committee could well imagine that there might be any number of similar cases in other States also. In such a scenario, the Committee strongly felt that the Ministry needed to undertake a country-wide review about functional status of MMUs. Thereafter, constant monitoring at regular intervals had to be carried out so as to ensure the accessibility of healthcare facilities to the general masses (iv) RCH Flexible Pool 7.158 Another disturbing trend noticed by the Committee was that in respect of many States, Central funds released during the year were higher than the proposed allocation. While trying to understand the reasons therefor, the Committee came to know that all the States/ UTs were having unspent balances at the beginning of the year. As per the details made available to the Committee, as on 01.04.2008, opening balance amounting to Rs. 1157.46 crore was available with Assam (Rs. 126.67 crore), Maharashtra (Rs. 209.69 crore), Orissa (Rs. 60.99 crore), Tamil Nadu (Rs. 97.73 crore), U.P. (Rs. 192.33 crore) and West Bengal (Rs. 101.59 crore) reporting the maximum. 7.159 This clearly showed that States had generally failed to take the full benefit of various Central interventions inspite of their having the discretion to spend money as per their requirements. The Committee, therefore, strongly felt that if despite the availability of funds the states were unable to utilize them, and this was a cause for a thorough review of strategies. The low utilization of funds had seriously hampered Government’s initiatives for bringing down IMR, MMR and TFR. Seriously concerned with this state of affairs, the Committee recommended that the Department, in consultation with the States/ UTs,

should devise alternative strategies so that the funds allocated were utilized optimally so that the poor and weaker sections of the society were not bereft of the benefits of various on-going health care initiatives. 7.160 The Committee desired to know whether the PIPs of the States under reference had started reflecting the deficient areas as flagged off by the Department, and asking for funds to overcome them. Routine Immunization 7.161 The Committee was constrained to observe that this was yet another case of inept handling of budgeted funds by the Department. The Committee found to its dismay that despite the efficacy and relevance of Pentavalent Vaccine being in question, a substantive amount of Rs. 205.30 crore was allocated for the same out of which Rs. 184.14 crore remained unutilised and had to be surrendered. The Committee sought the Department to exercise greater caution in future and not allow repeat of such fiscal imprudence.

7.162 From a perusal of the information made available, the Committee stated here that significant progress under the Immunisation Programme had not been noticed in many of the States. This fact held true both for the high focus and EAG States and also the non-high focus States. In some instances like that of Tamil Nadu and Dadra & Nagar Haveli, the immunization coverage had infact dropped below the DLHS II rate. The Committee observed that a low coverage rate in some of the very densely populated States like Bihar and Uttar Pradesh meant that a very large number of children remained exposed to the vagaries of diseases resulting in high incidence of IMR in the country. The Committee observed that unless proper execution of the plans were made by the programme authorities, visible impact on the immunization coverage would remain a distant dream. It, therefore, urged the Department to take up the issue with the respective State Mission Directors during the next Common Review Mission, who needed to be impressed upon to achieve the required quarterly/ annual targets. 7.163 Cold chain maintenance was the most crucial component for effective implementation of the Immunisation Programme. The Committee, however, observed that so far this had proved to be the weakest link under the programme. Committee’s apprehensions had been confirmed by the assessment of cold chain maintenance arrangement made under the Performance Audit of CAG. As per the CAG Audit, none of the cold chain equipment was available in any of the 124 test checked PHCs in Haryana, Meghalaya, Madhya Pradesh, Puducherry and West Bengal. Besides, in Bihar, Lakshadweep and Uttar Pradesh, 31 to 68 per cent of cold chain equipment was found non-functional. 7.164 The Committee was more disturbed by the fact that Government of India budgetary support for maintenance of cold chain equipments, supply of spare parts, provision of alternate power supply had proved to be of no avail. The States had simply confirmed their inability to absorb the funds for envisaged purposes. The Committee was of the view that the absence of cold chain management had indirectly resulted in adverse impact on the UIP, a high priority area under the Mission. Pulse Polio Programme 7.165 The Committee was happy to note that the Department had been diligently pressing forward with various measures to contain the spread of WPV-1 and WPV-3 types, especially entrenched in Bihar and Uttar Pradesh. The Committee hoped that the introduction of the bivalent vaccine (P1& P3) during 2010 would go a long way in eradicating polio from the country. Though the Department had cited that the absolute numbers of polio cases had been reducing over the years, given the massive scale on which the programme was being implemented with NIDs, SNIDs and mop-up rounds reported polio cases had shown no significant improvement during the past three years. The Committee reckoned here that as per the findings of DLHS III (2007-08) survey, the all India figures of polio immunization stand at 66.2% only, with Bihar (53.1%), UP (44.4%), Madhya Pradesh (55.1%), Mehghalaya (46.5%), Jharkhand (64.4%), Rajasthan (63.9%) and most of the NE States performing less than the all India average. Given the above levels of PPI coverage in various states, the Committee sought the Department to explain us as to how the goal of zero transmission could be achieved at the earliest. Janani Suraksha Yojana 7.166 The Committee viewed with serious concern the high level of pregnant women registered for institutional delivery not opting for the same. This clearly indicated that various interventions made under JSY so as to make aware the targeted population about the positive impact of institutional delivery both on the mother and child had not proved to be very effective. Situation became more worrisome by the fact that high focus States where need was the most had been showing such a trend. The Committee failed to understand the reasons behind ground level functionaries not monitoring the trimester check-up of the registered pregnant women. The Committee pointed out that the achievement of 47 per cent of institutional deliveries (DLHS-III 2007-08) from 37 percent (DLHS-I 1998-99) although indicated a slow but steady increase, however, one must not forget that 53 per cent women still continued to remain deprived of the benefits of institutional deliveries. The Committee was of the view that the role of ASHA/ ANM under the JSY seemed to be limited to payment of cash incentives only. Consistent tracking of expectant mother for antenatal and post-partum check-up and deliveries needed more focused attention. For this, regular monitoring and surprise inspections need to be included as an essential component of JSY.

7.167 The Committee had also been informed that an Evaluation Study of JSY was being conducted by an Expert Group led by the Executive Director, National Health Systems Resource Centre (NHSRC) with inter-alia the following objectives:

(a) Procedure for random verification of beneficiaries; (b) Fund Flow mechanism for administering JSY scheme and mechanism adopted for ensuring timely payment to the

beneficiaries; and (c) Impact of JSY services on maternal mortality ratio and infant mortality rate.

The Committee sought to be informed about the latest status in this regard.

7.168 The Committee observed that the goal of reducing MMR to 100 per lakh like births by 2012 was very difficult to achieve at the present rate of decline. The goal could be achieved only if there was rapid expansion of Skilled Birth Attendants and Emergency Obstetric Care (EmOC). It was in this context that deficiencies in EmOC and Skilled Birth Attendance were very worrisome. 7.169 The Committee was of the view that in the absence of required ground-level health functionaries who have to be qualified, trained and semi-skilled personnel, the outreach of JSY and other specific interventions would remain confined to the barest minimum. Number of ambitious schemes with high objectives and availability of massive funding would not succeed in reaching the targeted beneficiaries. Close monitoring, not on paper but at the ground level, in the real sense alone could strengthen the effective implementation of all the initiatives taken so far.

(v) National Vector Borne Disease Control Programme (NVBDCP) 7.170 The Committee noted that against an allocation of Rs. 442.00 crore in 2009-10, expenditure reported as on 28.02.2010 was only Rs. 278.61 crore. The Committee observed that this trend of under-utilisation of allocated fund was also there in the first two years of the Eleventh Plan. Against the provision of Rs. 399.50 crore and Rs. 472.25 crore in 2007-08 and 2008-09, expenditure was only Rs. 383.66 crore and Rs. 299.38 crore respectively. The Committee was constrained to observe that against the total Plan outlay of Rs. 3190.00 crore for the Eleventh Plan, less than half of the funds were released and that too remained under-utilised. Committee’s repeated attempts for optimum utilization of allocated funds under NVBDCP had failed to make any impact. 7.171 The Committee had always been responsive to the genuine demands of the Department. The Committee sought the Department to focus on better utilization of the scarce resources. The Committee, once again, recommended that the Department needed to focus on analyzing the reasons for reduced utilization of the allocated funds and took corrective action accordingly. 7.172 The Committee sought to know whether any commitment charges were to be paid by the Department in case of shortfall in utilization of EAP component and if so, the charges paid during the last three years.

Malaria 7.173 The Committee noted that the number of cases reported was already on the rise in many of the States, especially the North-Eastern States, where the problem was acute. Under the GFATM project all the 77 district in 7 NE States, 7 districts of Jharkhand, 6 districts of West Bengal and 16 districts of Orissa were covered. The Committee was not fully convinced by the Department’s contention that due to remote and inaccessible areas with poor access to malaria diagnosis and treatment facilities, NE states continued to remain a major challenge. The Committee sought to state here that the programme had been there for considerable period and with 100 percent central funding and also International assistance, these challenges, should have been significantly lessened. The Committee also found that major interventions like introduction of Rapid diagnostic kits, for the field workers, introduction of specialized therapy for Pf cases and long lasting insecticidal nets had all been made for North East States. However, inspite of such huge funding under the programme significant progress was not visible. The Committee could only conclude that supervision and monitoring, which was one of the main strategies adopted for effective control of malaria, was perhaps not being implemented to the desired levels, especially in NE region and Orissa. 7.174 The Committee sought to draw the attention of the Department to the status of some key functionaries under Malaria control programme. The Committee was astonished to find that inspite of special attention being given to the NE States important functionaries were simply not there as indicated below:

- Vector borne Disease Control (DVBOC) Consultant is not there in any of the NE States and Sikkim. - Only 522 PHC-MOs are posted in Arunachal Pradesh. Remaining States do not have this functionary. - Assam does not have a Lab-Technician/ Lab-Technician(Contractual) - Both Assam and Nagaland do not have a Health Supervisor (M) - No Health Supervisor (F) is posted in Arunachal Pradesh, Assam, Nagaland, Sikkim and Tripura. - Multi-Purpose Worker (M) is not there in Arunachal Pradesh and Assam. - Only Nagaland has 28 Malaria Inspectors

- Surveillance Staff (307) is there only in Meghalaya. - Only Meghalaya has 54 Spray Squads. - In Sikkim and Tripura Malaria Technical Supervisors (Contractual) are not there - n Arunachal Pradesh and Assam there are no regular MPW (M) at all

7.175 The fact that these functionaries played a vital role in disease detection and surveillance could not be set aside. By not appointing these functionaries, the States left a large gap in the field-level disease surveillance and treatment. The Committee could only conclude from the above that it would be impractical to expect noticeable improvements in malaria control with key functionaries missing, that too, in the malaria endemic States. Hence, the Committee advised the Department that, apart from allocating sufficient funds to these States/ UTs, it should also pursue with State Governments to fill up the vacancies without delay so that the targets set to control malaria could be met within a realistic time-frame. The Committee sought the Department to furnish details of various measures adopted by the States Governments in the past year to fill up these vacancies. Kala-Azar 7.176 The Committee observed that though the National Health Policy (2002) had set the goal of elimination of Kala-azar by 2010, the above target was yet to be realized. This was evident from the fact that 2534 reported cases of Kala-azar from the States of Bihar, West Bengal and Uttar Pradesh had been reported during the first two months of the year 2010. It was in this context that two rounds of door-to-door search which were to be undertaken for elimination of Kala-azar, assumed added significance. However, the Committee failed to understand as to why Kala-azar fortnights could not be observed in the most endemic States of Bihar and Jharkhand during the past year. Inspite of the Committee’s repeated comments on carrying on intensive door-to-door surveillance and monitoring by the Department the situation so far had been far from encouraging. The Committee sought to be enlightened about the reasons behind not undertaking the door-to-door search in Bihar, Uttar Pradesh. The Committee recommended that effective surveillance, timely treatment and compliance of treatment regimens in all PHCs in the affected districts needed to be continued without any let-up.

7.177 The Committee would like the Department to apprise it in clear terms the number of PHCs in the endemic districts that had been provided with anti-Kala azar drugs, the number of household/ population covered district-wise under the door-to-door surveillance activities, and the physical outcomes of such initiatives. The Committee sought to be apprised about the number of NGOs/ FBOs/PRIs involved in Kala-azar elimination activities in the above States, the funds provided to them during the last three years, the cases treated by them and the initiatives taken by them to ensure treatment compliance of the patients. Japanese Encephalitis 7.178 The Committee is dismayed to note that more than four years had elapsed since the vaccination programme was launched in 2006, yet the all India coverage of JE vaccination campaign was only 46.62% uptill 2009 as against the targeted 85% coverage. What was more worrisome was that JE vaccination coverage in four districts of Andhra Pradesh, one district of Assam and two districts of Tamil Nadu was nil, which paints a very grim picture, especially in the context of there being no specific anti-viral drug for JE. The Committee felt that if such gaps were not addressed immediately, efforts to contain JE outbreak would stand jeopardized. The Committee, therefore, recommended that the Department should, in coordination with the State Government concerned, chalk out an action plan to achieve the targeted coverage of JE vaccination and also apprise the Committee of the progress made in this regard. Similar efforts for vaccine coverage of the affected districts of Andhra Pradesh, Assam and Tamil Nadu were also required. 7.179 The Committee sought to be apprised of the progress made towards establishing sentinel sites for regular surveillance and Apex Referral Laboratories for advanced diagnosis, circulation of standard guidelines, capacity building and intensive IEC campaign and vaccination with single dose under Universal Immunization Programme. Keeping in view the fact that Uttar Pradesh was the most endemic State which contributes 80% of JE cases, the Committee recommended that the Government must quickly take a decision on conducting a special JE vaccination campaign for left out children in the seven most sensitive districts of Uttar Pradesh along with the affected districts of Andhra Pradesh, Assam and Tamil Nadu. The quarterly progress made in this regard might be communicated to the Committee.

7.180 The Committee was happy to note that finally some action to check aggravation of non-JE viruses in Eastern UP had been initiated by the Central Government. It could only hope that the situation would improve this year during the outbreak season. The Committee hoped that the manpower required to make the sentinel sites, referral labs operational and the Diagnostic kits provided free of cost by National Institute of Virology (NIV), Pune, were in position. (vi) National TB Control Programme

7.181 To tackle HIV/TB co-infection, TB + HIV collaborative activities with NACP, initiated in 2001, had been scaled up across the country. The Committee noted that intensified TB/HIV package of services had been started in nine HIV high prevalence States (Andhra Pradesh, Goa, Karnataka, Maharashtra, Manipur, Mizoram, Nagaland, Pondicherry and Tamil Nadu) in 2008 and had been extended to nine additional States (Delhi, Gujarat, Punjab, Rajasthan, Kerala, Assam, West Bengal, Orissa and Chandigarh) in 2009-10 with a vision to cover the entire nation by 207. Monitoring of co-infected patients was started from 4th quarter of 2008, and out of a total of 31047 such cases, 5171 cases were treated with a 75 per cent success rate. The Committee was happy to note that the Department had been pursuing its concerns diligently to identify and provide treatment to HIV/T.B co-infected patients.

7.182 The Committee observed that the emergence of multi-drug resistant TB had increased the severity and magnitude of the problem in terms of cost, longer and difficult treatment regimen. In this context, the Committee welcomed the initiative of establishing a network of 43 Laboratories for diagnosis and follow-up of MDRTB patients. The Committee hoped that such Laboratories would be set up across the country in such a way that people from all parts of the country had equity in access to such facilities. The Committee sought to know an idea of the location of such Laboratories and also of the structure of charges, if any, 7.183 The Committee observed that it was a matter of serious concern that a huge amount to the tune of Rs. 79.19 crore was left unspent with the States, and that too, the scare resources allocated to counter one of the deadliest diseases. The Committee was not aware about any specific measure to check this negative trend. The Committee would, therefore, like the Department to at least outline the roadmap for reducing, if not entirely wiping out, the extent of unspent balances. 7.184 The Committee took note of the fact that out of a total outlay of Rs. 1156 crore for the Programme, Rs. 756.00 crore is the credit from World Bank. The Committee would like to be enlightened if the credit from World Bank has any financial implications by way of debt or commitment charges and if so, the extent of financial liability involved so far. 7.185 As per the information furnished by the Department 2524 NGOs, 19202 Private Practitioners, 268 Medical Colleges and 150 Corporate Hospitals were involved under RNTCP. The Committee sought to be apprised of the extent of financial assistance extended to the NGOs, the amount utilized, the number of pending UCs from them and the amount involved therein. 7.186 To the Committee’s query regarding the latest status on the new drug for treating patient with MDR-TB being developed by M/s Johnson and Johnson, the Department had informed that the new molecule (TMC 207) was currently undergoing Phase II clinical trials to evaluate its efficacy, safety and tolerability in patients suffering from MDR-TB. Tuberculosis Research Centre, Chennai and All India Institute of Medical Sciences were participating in this trial which was being undertaken in 17 countries across the world. The details on the cost, affordability, efficacy etc. would be available only after successful completion of the clinical trials and once the drug was approved for marketing by the regulatory authorities. The Committee sought the Department to furnish the latest status on the Phase II clinical trials and its findings.

7.187 The Committee sought the Department to share with it the state-wise details of the Survey Reports while submitting its action taken note. The Committee had been given to understand that a baseline social assessment study at the beginning of the RNTCP II project had been undertaken to assess some of the predisposing factors contributing to the spread of the disease, and that another such survey was being planned to be made in 2010-11 which would also include evaluation of the predisposing factors for spread of TB. The findings of the baseline survey might be shared with the Committee. (vii) National Leprosy Eradication Programme

7.188 While appreciating the steady progress in the elimination of leprosy from the endemic states, the Committee sought the Department to closely monitor the efficacy of the measures taken and introduce suitable interventions for elimination disease leprosy in D&N Haveli. 7.189 Committee’s attention was especially drawn to the utilisation status shown against Bihar. The Committee noted that nearly Rs. 2.67 crore were lying unspent with the state uptill March, 2008. However, inspite of non release of funds during 2008-09 and 2009-10 to the State, the unspent balances had to be carried forward from March, 2008 and could not be exhausted completely during the next two years with Rs. 1.34 crore still remaining by 31st December, 2009. Similarly, in case of Orissa, Uttarachal, Jharkhand, Dadra & Nagar Haveli, West Bengal and Maharashtra large sums of money had been carried forward unspent from the previous year. The Committee felt that given the trend over the past couple of years, this year too, substantial amount of funds would lie under utilised/ unutilised. 7.190 The Committee was of the considered view that judicious utilization of funds is indispensable for sound financial administration without which it would be difficult for the Department to obtain the targeted results under NLEP. The Committee was compelled to conclude that much needed to be done especially in the endemic States of Bihar, Jharkand and the UT of Dadra & Nagar Haveli. The Committee, therefore, urged the Department to take up the matter of fund utilisation on an emphatic note with the State Programme Officers during its quarterly review meetings. The Committee sought the Department to find out the underlying causes of underutilization of funds and take corrective action accordingly.

7.191 The Committee was happy to note that at last such an important scheme under NLEP had finally seen the light of day. However, with more than three years of the Eleventh Plan Period having passed, the Committee could only hope that the benefits of the scheme would accrue to more number of beneficiaries during the coming years. The Committee added a word of caution to the Department regarding having an effective monitoring mechanism so as to determine the veracity of the beneficiaries from initial stage itself. The Committee sought to know an idea about the number of beneficiaries (State-wise). (viii) National Trachoma and Blindness Control Programme 7.192 The Committee failed to understand the reasons for low level of achievements in the first three quarters of 2009-10 under the various activities cited above. The reasons for such low achievements were only best known to the Department. 7.193 The Committee recommended to the Department to give utmost priority to properly evaluate the reasons for these underachievements so that the weak links in the chain of implementation of the initiatives could be identified. This, the Committee believed, would surely result in addressing implementation of various components of the programme effectively. The Committee felt that if the situation continues to remain as tardy as now then the goals set by the Department under NPCB by the end of Eleventh plan would remain a distant dream. 7.194 The Committee was appalled to note that cataract operations in such huge proportions were allowed to be performed in eye camps between 2005-08, although, Government of India had banned eye operations in camps owing to high rate of mishaps in such camps. The Committee felt that the issue could not simply be done away with, especially in the light of the findings of the CAG. The Committee failed to understand as to how, inspite of the claims made by the Department regarding regular monitoring of compliance to the guidelines, cataract surgeries continued to be performed in camps in the aforesaid states. The Committee apprehended that such surgeries in Camps must be continuing even at present thereby putting a large number of patients to risk. The Committee observed that merely circulating the guidelines to the State Governments with no means to ensure their strict compliance would not serve any purpose. There needed to be a component of surprise inspections in the existing monitoring mechanism This, the Committee believed, would go a long way in ensuring compliance to the guidelines and act as a deterrent against violations by the defaulting agencies.

7.195 The Committee pointed out that achievement level still remains less than the target. What was more disturbing was that there was an actual requirement of at least 80,000 to 1,00,000 of corneas per year in the country for transplantation purpose. The Committee was of the view that besides lack of awareness, other major cause for low level of eye donation/collection was that infrastructure required for the purpose was simply not there at the ground level. Committee’s apprehensions were supported by the following findings of CAG Performance Audit of NRHM (2009-10):

- No Eye Bank was operational in Andaman & Nicobar Islands, Arunachal Pradesh, Daman & Diu, Dadra & Nagar Haveli, Himachal Pradesh, Jammu & Kashmir, Lakshadweep, Manipur, Meghalaya and Uttarakhand (10 States/UTs)

- As of March, 2008, only 346 Eye Banks were operational in 17 States/UTs out of which 97 were in the

Government Sector and 249 in the voluntary sector.

- a comParative analysis of performance in 9 States/UTs showed that the voluntary sector collected 76 per cent of the eyes donated. Lack of eye donation facilities in Government Hospitals was the reason for low presence and performance of Government Sector; and

- almost 52 per cent of eyes collected in the Government sector had been either rendered unfit or were used for

research as compared to 34 per cent in the voluntary sector. 7.196 The Committee was also perturbed to find that there was a big gap between overall figures of eyes donated and utilized during 2005-2008 for 9 States/UT (Jharkhand, Orissa, UP, Assam, Delhi, Gujarat, Haryana, Tamil Nadu and West Bengal). Out of 13,986 eyes donated under Government Sector, number of eyes utilized was only 432. Similarly, out of 44,964 eyes donated under the Voluntary Sector, only 9362 eyes could be utilized. Notwithstanding the very low percentage of eyes donated in the country so far, the low level of utilization of those eyes collected suggests that all was not well with the existing arrangement and the system suffers from some grave inadequacies. The Committee’s apprehensions were supported by the findings on the performance of Eye Banks in the following States:

Government Sector (2005-08)

State No. of eyes donated

Utilised Rendered Unfit Used for research

Delhi 3552 1944 804 517

Gujarat 4452 1431 --- 3021

Tamil Nadu 3752 --- --- 1660

West Bengal 1802 570 1 1231

Total 13,558 3,945 805 6,429

Voluntary Sector (2005-08) State No.of eyes

donated Utilised Rendered Unfit Used for research

Delhi 5268 2515 1427 1039

Gujarat 14917 4910 --- 912

Haryana 704 177 169 13

Tamil Nadu 20284 -- --- 10317

West Bengal 2741 1040 100 1331

Total 43,914 8,642 1,696 13,612

7.197 The fact that as many as 10 States/UTs did not have a single operational eye bank was difficult for the Committee to accept. Another point that strikes a chord was the number of Eye Banks in the government vis-a-vis the private sector. The Committee noted that the ratio of eye banks operated in the private sector was 2.5 times the figure for the government sector. The NPCB was into the fourth year since the launch of NRHM and between 2007-08 to 2009-10, nearly Rs. 650 crores had been spent under the programme. The Committee found that measures like non recurring assistance upto Rs. 15 lakh to Eye Banks, recurring assistance of Rs. 1500 per pair of eyes towards honorarium of Eye Banks Staff, appointment of Eye donation Counsellors had also seemed to have made no impact.

7.198 The Committee had been given to understand that it was normal that all cornea collected could not be used for replantation purpose, as it needed to be assessed by cornea specialist for suitability and quality of cornea. Only 30 to 40 percent corneas collected were suitable for optical Keratoplasty. The Committee pointed out that as per the above state-specific details, percentage of corneas utilized was much below the accepted 30 to 40 percent level. One obvious reason for such a low level of utilization could be the upkeep and maintenance of Eye Banks being not as per the standard norms. The Committee , therefore, recommended to the Department to keep the activities of all the entities/institutions involved in providing eye collection activities under constant scrutiny/monitoring and take urgent remedial steps so that the stumbling blocks in the optimum utilization of eyes collected was achieved by more number of beneficiaries getting back their vision. 7.199 The Committee sought to know as to whether the Government was aware of the work done by Dr. Sinha. (ix) National Iodine Deficiency Disorders Control Programme

7.200 The Committee was not very happy with the trends of fund utilization under the programme. During 2007-08 and 2008-09 against an allocation of Rs. 25.00 crore and Rs. 32.00 crore respectively, expenditure reported was only Rs. 19.45 crore and Rs. 17.95 crore respectively. The Committee observed that every year there had been substantial amount of savings over the allocated funds. The Committee noted with disappointment that this neither speaks of good financial management nor good programme implementation under the Programme. The Committee once again recommended to the Department to devise measures to overcome the obstacles coming in the way of proper implementation of the programme initiatives. 7.201 The Committee hoped that the Empowered Programme Committee (EPC) approval must have been received by now and also the biding process on the technical specifications of salt testing kits, must have been completed. The Committee emphasised that all conceivable efforts might be made so as to ensure optimal and judicious allocation of funds in active coordination with state authority for timely achievements of the targets during 2010-11. 7.202 The Committee understood from the above that as many as nine States/ UTs had been highly endemic iodine deficiency. The Committee, however, did not find that any focused intervention had been initiated in the above States/ UTs to reduce the deficiency rate. Since, the above observation was a result of certain sample districts surveyed in the above States/ UTs the numbers would be much more if all the districts in these States/ UTs were covered. Therefore, the Committee suggested that a special intervention needed to be made in all of the above States/UTs. Intensified IEC activities might also be carried out covering all the districts so that the prevalence rate came to less than 10. The Committee sought the Department to furnish

details of the sample survey report concerning all the States/ UTs covered for its perusal. (x) Integrated Disease Surveillance Programme 7.203 The Committee failed to understand as to why clear information had not been furnished by the Ministry against the targets set by it for 2009-10. The Committee observed that concrete data was necessary for proper assessment of the targets set and merely stating that training programme was in progress or connectivity on Broad Band was being established without quantifying the progress made evinces ignorance of the most basic principles of appraisal on the part of the Department. The Committee sought the Department to furnish details of achievement during 2009-10 regarding the targets mentioned above in the table for 2009-10 while furnishing its ATN and also be more circumspect while furnishing the information in the Outcome Budget.

7.204 The Committee was happy to note that the recruitment and training of the required manpower under IDSP was proceeding at a positive pace. The Committee observed that the presence of trained surveillance manpower were key to the prevention and control of diseases/ epidemic in such a large country as India. Hence, the Committee hoped that the targets of recruiting and training technical consultants for the remaining 400 vacant post would have been completed after due approval for restructuring and extension of IDSP were obtained. The Committee, therefore, recommended the Department to furnish the details in this regard for its perusal. The Committee sought to be apprised of the progress made towards establishing video conferencing at the remaining sites and strengthening the remaining priority labs. b) 40th Report

(i) Budgetary Allocation

7.205 While analyzing the position during the Eleventh Plan period, the Committee was surprised to note that against the backdrop of substantive allocation of Rs.3988.00 crores, trend of allocation and utilization thereof projected a different position altogether. During the first three years of the plan period, i.e. 2007-08 to 2009-10, against a provision of Rs.1756.00 crore, expenditure reported upto 15th March, 2010 was Rs.1454.74 crore. Following details were self-revealing:

(Rs. in Crores)

2007-08 2008-09 2009-10 BE RE Actuals BE RE Actuals BE RE Actuals

(upto15.3.2010)

488.00 390.00 383.36 534.00 475.00 471.13 734.00 680.00 600.25 7.206 The Committee found another disturbing trend in the allocation of funds and utilization thereof during the Eleventh Plan period so far. Every year allocation made at the commencement of the year had to be brought down at the RE stage and even that reduced provision remained under-utilised at the end of the year. 7.207 The Committee appreciated the genuine compulsions of the Department in meeting the financial targets during 2009-10. The Committee drew its attention towards status of fund utilization of following programmes for which higher projection had been made for 2010-11.

(Rs. in crores) 2010-11 2009-10

Programmes BE BE

Projected Approved

BE RE

Actuals

(upto 15.3.2010)

Hospitals & Dispensaries (under NRHM)

780.00 232.00 197.00

224.05 199.37

Quality Control of

30.00

5.00

5.00 0.50 0.36

ASU&H Drugs

Public Private Partnership

30.00

7.00

7.00

2.00

0.58

National Mission on Medicinal Plants

75.00 50.00 70.00 64.78

Development of AYUSH Industry

55.00 25.35 25.00

10.00 8.57

International Co-operation

52.00 21.40 19.00

6.50 2.27

Training Programme/Fellowship/

Exposure visit/

Upgradation of skill etc.

20.00 9.80 2.40

1.40 1.25

7.208 The Committee’s attention had also been drawn by the trend of utilization of allocated funds under some of the other crucial programmes of the Department during the Eleventh Plan period so far as given below:

(Rs. in crores) Programme 2007-08 2008-09 2009-10

BE Actuals BE Actuals BE Actuals

(U ( upto15.3.10)

Strengthening of Pharmacopeial Laboratories

3.33 1.86 4.00

2.45 5.54 1.66

Setting up of National Board for Medicinal Plants

80.00 50.15 43.00

42.76 50.00 39.19

CGHS Ayurveda Hospital

1.00 0.13 1.20

0.03 0.00 0.03

Educational Institutions

89.02 55.06 76.19

67.27 109.15

84.13

7.209 The Committee was not happy to note that the plan allocation had to be reduced at RE stage in some of the most important schemes/projects of the Department and actual expenditure remained even less than RE allocation. The Committee was also not fully convinced with the reasons cited by the Department for reduction of allocation at RE Stage as due to inadequate allocation by the Ministry of Finance, specially for schemes like setting up of National Board for Medicinal Plants and Development of common facilities for AYUSH Industry Clusters, when the fact remained that the Department was not able to utilize even the reduced R.E. allocation under some of the Schemes. The Committee, accordingly, recommended that the projections made should be based on sound financial reasoning and backed by equally sound Action Plan. 7.210 The Committee impressed upon the Department that it should put in place a more effective monitoring mechanism to ensure optimum and judicious utilization of funds, to supplement its claim for additional funds for a number of proposed major activities. Only then, the Department would be in a better position to justify its requirement for additional funds.

7.211 While analyzing the trend of utilization of allocated funds during 2009-10, the Committee had noted that under some of the schemes/institutions as given below, substantial expenditure seemed to have been made during the last quarter of 2009-10 which goes against the financial norms:-

(Rs. in crores)

Scheme/Institute Expenditure as on 31.1.2010

Expenditure as on 15.3.2010

National Institute of Homoeopathy, Kolkata 13.95 20.00 Central Council for Research in Ayurveda and Siddha

41.30 58.13

Central Council for Research in Homoeopathy 23.73 27.82 Scheme for AYUSH Hospitals 132.84 180.04 National Mission on Medicinal Plants 48.42 64.78 7.212 The Committee failed to understand the reasons for this uneven trend in expenditure and hoped that this was not due to any delay in implementation of schemes/plans. The Committee felt that uniform distribution of funds would ensure a uniform growth of schemes/projects and logical conclusion thereof.

Pending Utilization Certificates

7.213 While appreciating the considerable progress made in the liquidation of UCs, the Committee was surprised to note that substantial amount of central funds for the previous years continued to remain unaccounted for under the centrally sponsored schemes. Under the three centrally sponsored schemes, amount of pending UCs was as follows:-

(Rs. in crores) Funds released upto 2005-06 Funds released during 2006-

07 Funds released during 2007-08

107.61 104.31 154.85

7.214 State-wise details indicated that some of the states had been persistently failing to adhere to the basic financial norm as indicated below:-

(Rs. in crores) States Funds released during

2005-06 Funds released during 2006-

07 Funds released during

2007-08 Andhra Pradesh

13.49 16.73 8.15

Chhattisgarh 14.55 1.00 3.66 Gujarat 2.04 0.99 25.12 MP 7.49 18.65 7.37 Orissa 1.84 2.77 35.64

Tamil Nadu 10.54 0.50 7.23 UP 5.04 5.74 11.30

7.215 The Committee was not very happy with the funds allocated during the Tenth Plan lying unaccounted for such a long time with Eleventh Plan also crossing the half-way mark. Pendency of UCs for funds released upto 2005-06 lying with States, that too, under crucial schemes like Hospitals and Dispensaries, Drugs Quality Control and Development of Institutions was a cause of serious concern for the Committee. Such a state of affairs reflected that the monitoring system put in place by the Department to facilitate liquidation of UCs had not fully succeeded in achieving the desired results. The Committee also felt that there was a need to identify the likely problem areas in the procedural intricacies involved in the implementation of schemes which the States might be facing. The Committee would, therefore, appreciate if this aspect was also given required attention by the Department. The Department also needed to draw up a concrete action plan for liquidation of pending UCs within a specified time frame. The Committee sought to be apprised of the action taken on this front.

Utilization of Plan Allocation for North East States during the Eleventh Plan

7.216 As per the information made available to the Committee, against an allocation of Rs.73.40 crore for 2009-10, confirmed expenditure reported upto 1st September, 2009 was only Rs. 14.93 crore. The Committee found that for two strategic interventions, i.e. Development of Common Facilities for AYUSH Industry clusters and Development of AYUSH Institutions/Colleges, anticipated expenditure had been indicated as nil during 2009-10. On a specific query in this regard, the Committee had been given to understand that anticipated expenditure for N-E States for 2009-10 would be Rs. 61.55 crore. The very fact that final picture was not available with the Department in the last month of the year while details of utilization status for the remaining 90 per cent allocated funds was very much there with the Department speaks for itself. The Committee would be happy if the anticipated utilization turns out to be the actual expenditure. The Committee emphasized that based on the assessment of constraints/problem areas noticed in the implementation/functioning of different schemes and institutions in the N-E States, the Department should chalk out a specific plan of action for optimum and judicious utilization of enhanced provision of Rs.80.00 crore for 2010-11. (ii) Statutory Institutions 7.217 The Committee had been observing that setting up of the Pharmacy Council had been getting unduly delayed. There was no standardized and uniform education system or curriculum available for training pharmacists in AYUSH. To facilitate regulation of education and practice of pharmacists in this sector, the Indian Medicine and Homoeopathy Pharmacy Council Bill, 2005 was introduced in Parliament on 12th August, 2005. The Committee submitted its Report on the Bill to the Parliament on 28th July, 2006. The Committee found it very disturbing that inspite of it submitting its Report well in time, the revised Bill was yet to come before Parliament. Mere allocation of funds year after year would not result in setting up of the long-awaited Pharmacy Council of Indian Medicine and Homoeopathy. 7.218 The Committee did not have much hope about the proposed Council coming up during the Eleventh Plan period. Committee’s apprehensions arised from the allocation of Rs.1 lakh projected by the Department for 2010-11 which had been finally fixed at Rs.50 lakhs by the Government. On a specific query in this regard, the Committee was informed that the revised Bill had got the approval of the Minister and now had been sent to the Ministry of Law for drafting the revised Bill. The Committee could only emphasize that every conceivable effort needed to be made at all levels to ensure its passage in Parliament in the coming Monsoon Session. 7.219 The Committee found that as many as 21 States were lagging behind in the sending of State Registers of Indian Medicine leading to delay in the notification of Central Register. Maximum delay was in respect of the following States:

States Period upto which notified

Andhra Pradesh Upto March, 2006

Assam Upto 1986 and from December, 1999-August, 2004 and from 31.10.06 to 17.08.06

Goa Upto September, 2006

Himachal Pradesh Upto March, 2005

Kerala Upto March, 2008

Punjab Upto February, 2006

Tamil Nadu 1.4.03 to 31.12.06 (Ayrveda)

1.1.1998 to 31.12.2006 (Siddha)

7.220 With respect to Central Register of Homoeopathy, details of only nine States had been made available to the Committee which was also not very encouraging. The Committee also found it very strange that in quite a few cases information about registration of Practitioners had not been forthcoming for considerable period of time. As a result, gaps were there which should not have been allowed to persist. 7.221 The Committee was perturbed to note that along with State Councils both the Central Councils were also taking unduly long time in the updation of respective Central Registers. The following details were self revealing:

Central Register of Indian Medicine

State State Register received Bihar State Register from April, 2007 to March, 2009 received. Work of preparation of

the Central Register of Indian Medicine is under process.

Chhattisgarh State Register from April, 2008 to March, 2009 received. Work for preparation of

Central Register is under process.

Gujarat State Register from January, 2007 to March, 2009 received on 4.8.2009. Work for preparation of Central Register is under process.

Jammu and Kashmir State Register from October, 2005 to March, 2009 received. Work for preparation of Central Register is under process

Karnataka State Register from April, 2007 to March, 2009 received and is under process.

Madhya Pradesh State Register from April, 2007 to March, 2008 received and is under process. Maharashtra State Register upto January, 2008 received and is under screening. U.P. State Register from inception to December, 1987 received and English typing is

under process.

Central Register of Homoeopathy

State State Register received

Andhra Pradesh Register showing entries upto 31.3.2009 received on 24.9.09 and is being worked upon.

Assam Register upto July, 2008 received in July, 2008 – Hindi Translation is being done.

Delhi State Register upto 31.12.2008 received on 8.10.09. It will be worked upon.

Gujarat State Register upto 31.3.2009 received on 7.10.09. It will be worked upon.

Haryana State Register upto July, 2009 received and is being worked upon.

Himachal Pradesh State Register upto May, 2007 and upto March, 2009 received and being worked upon.

Karnataka State Register upto December, 2006 received on 9.1.2008 and is being worked upon.

7.222 The Committee strongly felt that since both the Councils were sufficiently empowered to seek timely completion of State Registers by the States, they should leave no stone unturned to impress upon the States to take all necessary steps in this regard, which would have a direct bearing on the completion of Central Register. 7.223 The Committee pointed out that there was an urgent need for the Department to undertake a review of entire process of updation of Central Registers of Indian Medicine and Homoeopathy in coordination with both the Councils. The Committee failed to understand that in this age of IT advancement, such a prolonged exercise of updation was being allowed to continue. Both the Councils had to be well-equipped with the required infrastructure and manpower for accomplishing their mandated job. (iii) Hospitals and Dispensaries All India Institute of Ayurveda, New Delhi 7.224 The Committee was happy to note the submission of the Department that there was no change in the estimates of the project and the project was on track and expected to be completed within two years from the date of commencement of construction, i.e., May 2010. However, more than two years have already elapsed since the Cabinet approved the project in January, 2008 but the designs and plan of construction of the project were yet to be approved by the Delhi Development Authority (DDA). Therefore, the construction of the building scheduled to commence in 2009-10 itself had been rescheduled for May, 2010. 7.225 The Committee observed that it was imperative on the part of the Department to vigorously pursue approval of designs and drawings of the building with the DDA at the highest level. The Committee also recommended that the progress of the construction of the building be monitored at a sufficiently higher level in the Department so that no room was left for time overruns and the resultant cost overruns.

CGHS Ayurveda Hospital, New Delhi.

7.226 On a specific query about the latest status of upgradation of CGHS Ayurveda Hospital from 25 to 50 bedded hospital, the Committee had been informed that major renovation and repair work of the hospital building had been completed. However, the work relating to Operation Theatre and Panchkarma Therapy sections etc. was being pursued. The Committee wondered at what stage is this exercise, as funds duly allocated were going unutilized. 7.227 Another area of concern for the Committee was the non-filling up of required (52) posts of Ayurvedic doctors and para-medicals required for upgradation of the Hospital. The Committee found that only 20 Ayurvedic Medical Officers had joined so far. The Committee was not aware about the status of para-medical personnel. Posts of Medical Superintendent of the Hospital was yet to be filled. In such a scenario, the Committee could only conclude that the CGHS Ayurveda Hospital could not be considered fully functional as the Hospital was yet to be equipped with both required infrastructure and manpower. The Committee once again enjoined upon the Department to make all efforts so as to ensure the outreach of envisaged health care to the targeted beneficiaries. Expansion of Ayush System under CGHS 7.228 The AYUSH component was introduced in CGHS by opening of one Ayurvedic Dispensary way back in 1964. Since then, very few AYUSH dispensaries had been set up under CGHS. The Committee found that there had not been any worthwhile progress in this direction so far. Things were rather deteriorating. This was borne out by the fact that against the Eleventh Plan target of opening of 21 AYUSH dispensaries under CGHS which were sanctioned during the Tenth Plan period, not even a single dispensary could be established during the first three years of the Eleventh Plan. The Committee found it very disturbing that a modest beginning of establishment of Ayurveda dispensaries at Delhi, Kanpur and Chandigarh, Homoeopathy dispensaries at Jabalpur and Bhopal and a Unani dispensary at Bhopal remained on paper. Reason given was more astounding i.e., inability to create the required posts. 7.229 The Committee took note of Mid-term Assessment of Eleventh Plan whereby it had been emphasized to provide AYUSH facilities in 10 CGHS dispensaries by the end of Eleventh Plan (2011-12). For this purpose, required posts need to be created on top priority basis and filled up also immediately thereafter.

(iv) Educational Institutions National Institute of Ayurveda, Jaipur

7.230 The Committee hoped that the shortage of funds would not result in hampering of proposed activities of the Department and that the shortage of funds would be suitably met at R.E. Stage. 7.231 The Committee was concerned to note that the physical target fixed for admission to Ph.D courses at NIA was not met in the year 2008-09 and also no admission had been made for Ph.D. programme during 2009-10. The Committee had been consistently voicing its concern on the issue of large number of teaching posts in the Institute lying vacant for considerable period. The Committee was apprised that the vacancies of 11 teaching posts of Professor, Associate Professor and Lecturer at NIA, Jaipur had been filled up. However, on a perusal of the statement furnished in reply to a specific query as regards the sanctioned staff strength and vacancy position at NIA, it had been observed that all the 32 Group ‘A’ sanctioned posts in different categories, 19 Group ‘C’ posts against 20 sanctioned posts and all the 4 sanctioned Group ‘B’ posts were lying vacant at present. The Committee failed to understand the reasons for non-filling up of the vacant posts by the Department, inspite of the Committee’s repeated recommendations in this regard. The Committee views with serious concern such a state of affairs in a well established Institute of National level. The Committee would appreciate if this matter was taken up with all the concerned authorities on an urgent basis so that NIA continues to carry out its mandated tasks. National Institute of Homoeopathy (NIH), Kolkata 7.232 The position was not very encouraging with regard to construction of Phase I of the extension of hospital buildings. This project sanctioned four years ago in March, 2006 was revised after one year in March, 2007 to meet the additional requirements. Thereafter, it took one and a half years to get the construction work started on 17th December, 2009. June, 2011 was the anticipated date of completion of construction work. The Committee in its last few reports had been voicing its anguish on the delay in completion of projects and resultant cost overruns. The Committee hoped that the monitoring mechanism put in place by the Department, by way of appointment of a consultant to liaise between the Institute, CPWD and the contractor would yield the desired results of timely execution of the project. 7.233 The Committee observed that the Institute continued to face the shortage of required faculty. Out of 20 sanctioned posts of Reader, 12 posts and out of 19 sanctioned posts of Lecturer, 13 posts were lying vacant as on 12th March, 2010. The Committee found that all vacant posts of Reader and 7 posts of Lecturer were being advertised. The Committee could well understand that this process would take considerable time and till then, studies at the Institute were likely to be adversely affected. The Committee, accordingly, once again emphasizes that the Department should make all-out efforts to fill up the posts lying vacant in a time-bound manner. National Institute of Unani Medicine, Bangalore

7.234 The Committee noted that a very large number of activities were proposed to be undertaken by the Institute during 2009-10. Out of these, quite a few were completed by the end of third quarter of the year. With regard to the remaining activities, no specific information had been forthcoming. For example, projects for establishment of Green House, Quality Control Unit, Herbarium of Medicinal Plants, Blood Bank had been shown as under process/progress. The Committee would have appreciated if specific details about such projects were also made available. 7.235 Post-graduate teaching was the main mandate of NIUM. The Committee had been monitoring the process of creation of requisite posts for starting new PG Courses. The Committee was happy to note that the proposal had finally been recommended by the SFC on 8th February, 2010 and referred to the Department of Expenditure for concurrence. The Committee recommended that all efforts might be made by the Department to expedite the creation of requisite posts, followed by their timely filling up. Morarji Desai National Institute of Yoga 7.236 The Committee observed that achievement level of manifold activities undertaken by the Institute had been more or less satisfactory. However, the Committee observed that activities indicated below have failed to achieve their targeted goals:

Targets 2009-10 Achievement upto 31.7.09

To establish Yoga Therapy Centres in AYUSH Allopathy Hospitals Proposal under consideration

To start one Advance centre at PGI, Chandigarh

Action initiated

10 professional medical colleges to conduct Foundation Course in Yoga

10 medical colleges selected

10,000 booklets, 1,00,000 brochures and 2,000 CDs for publishing campaigns

----

7.237 The Committee emphasized that positive impact of Yoga on the present day stressful life-style and chronic diseases have been more than visible. The Committee, therefore, recommended that all the above-mentioned activities not only be pursued vigorously in a time – bound manner but also expanded further. The Committee also recommended that MDNIY might also explore the possibility of extending Yoga units to more number of CGHS dispensaries, presently being run only in 10 dispensaries in Delhi. North-Eastern Institute of Ayurveda and Homoeopathy, Shillong 7.238 The Committee viewed with serious concern the tardy progress made in the operationalisation of a national level Institute of AYUSH system of health-care in the much-needed N-E region of the country. The Committee pointed out that the total cost of the first phase of the project was estimated at Rs.67.50 crore. The Committee wondered as to how far the Task Force headed by the Secretary (AYUSH) constituted for implementation of the project would prove to be helpful. The Committee did not have much hope even in the first phase of the project taking off by the end of Eleventh Plan. With reported expenditure of only Rs. 9.00 crore upto 2009-10 and proposed provision of Rs.17.00 crore for 2010-11, one could draw the very obvious conclusion. The Committee apprehended that chances of there being both time-overruns and cost-overruns were very much there. The Committee could only emphasize that the Task Force had to vigorously supervise the implementation of first phase of NEIAH at Shillong, identifying the problem areas along with simultaneously moving for removal of the same. Only then, this ambitious project would succeed in becoming functional in the real sense. North Eastern Institute of Folk Medicine, Passighat, Arunachal Pradesh 7.239 The Eleventh Plan outlay for the Institute was Rs.41.00 crore. Although Rs.16.69 crore were allocated during the first three years of the Plan period, Institute continues to be at a proposal stage. As a result allocated funds remained unutilized. While trying to assess the different stages of preparatory exercise for starting the Institute, the Committee was surprised to note that after the Cabinet approval in February, 2008, it took full one year (2008-09) for appointing the Project Consultant, ie., M/s HSCC and getting the required land. However, both the actions had to undergo a drastic change. M/s HLL took the place of M/s HSCC as Project Consultant. Issue of allotment of disputed land ultimately got the necessary clearance from the concerned authorities. As a result, another year passed with the project continuing to be at the proposal stage. The Committee was constrained to observe that due care was not taken in both the selection of Project Consultant and selection of Project site by all the concerned agencies. The Committee apprehended that the initial estimated cost of Rs.32.88 crore for the Project would undoubtedly undergo a massive enhancement.

7.240 The Committee, therefore, recommended that the remaining approvals and pre-construction activities might be expedited so that construction of the building was started within the first half of 2010-11. For this, the Project Monitoring Committee would have to be constantly on alert. The Committee desired to be apprised of the necessary steps taken and the modalities worked out to ensure completion of the project on time and also to check cost overruns of the project. Assistance to Accredited Ayush Centres of Excellence in Non-Governmental/Private Sector Engaged in Ayush Education etc. 7.241 The Committee pointed out that the objective of the Scheme was to support creative and innovative proposals for upgrading functions and facilities of reputed institutions to the levels of excellence. The Committee, however, found that very few reputed institutions had been covered under the Scheme so far, majority of them not being well-known institutions of repute. The Committee was of the view that effective monitoring mechanism also needed to be in place along with scrupulous adherence to the eligibility criteria. (v) Research and Development 7.242 The Committee concured with the views of the Department and observed that under-funding might impact adversely on the quality of research activities of the Research Councils. The Committee noted from the information furnished to it that both CCRAS and CCRUM had shown excellent track record in utilizing the budgeted funds in 2009-10. Against the plan allocation of Rs.59.00 crore in 2009-10, the CCRAS utilized Rs.58.13 crore till 15th March, 2010. Similarly, CCRUM utilized Rs.8.21 crore till that date against the Plan provision of Rs.11.00 crore for 2009-10. Keeping in view the above facts, the Committee recommended that higher allocation be made for CCRAS and CCRUM at R.E. stage. The Committee was of the considered view that there was an urgent need to step up research investments for the development of ASU&H drugs and collaborative research with reputed international institutions would go a long way in validating the health benefits of ASU&H drugs. 7.243 The Committee placed on record its appreciation of commendable work being done by the Research Councils on their own and also in collaboration with well-known institutions in the country and abroad. Work of the CCRAS touched both routine ailments as well as chronic ailments where permanent cure was yet to be found inspite of giant strides made by the modern medical sciences. In such a scenario, for the treatment of the most deadly cancer disease, any significant achievement by any system of medicine should be welcome to all. The Committee considered it a strange irony that although large number of patients were getting relief by the drugs formulated by individuals after years of their single-handed research, official recognition still remained elusive to them. The Committee strongly advocated the streamlining and expediting of the official certification process, so that humanity at large gets the long-awaited relief. (vi) Mainstreaming of Ayush Institutions under NRHM

7.244 The Committee observed that one of the major initiatives of the Department i.e., mainstreaming of AYUSH institutions and practitioners in the National Health Care delivery System inspite of being revised was clouded with a number of constraints. The Committee was convinced that AYUSH – system of health care was a viable alternative to the allopathic line of treatment as it had a number of comparative strengths including a holistic approach, personalized system of care, fewer side effects, affordability and accessibility etc. The Committee, accordingly, strongly recommended that required funds along with other infrastructure, staff etc. be provided to the Department for this important initiative. The Committee also emphasized with the Department to make use of available funds and resources optimally and judiciously. (vii) National Medicinal Plants Board 7.245 The Committee had been voicing its concern about the problem areas noticed in the running of erstwhile Promotional and Contractual Farming Schemes of the Board. The main area of concern was availability of the unspent balances with the implementation agencies. As per the latest information made available to the Committee, 4143 Utilisation Certifificates amounting to Rs.56.21 crore were pending as on 4.3.2010. Pendency status in the following States was quite alarming:

(Rs. in crores) State No. of UCs Amount

Karnataka 427 6.49

MP 444 5.79

Maharashtra 424 5.02

Rajasthan 1398 10.05

This is the position when 733 UCs amounting to Rs.24.12 crore and 563 UCs amounting to Rs.44.62 crore had been liquidated during 2008-09 and 2009-10 respectively. 7.246 The Committee, accordingly, recommended to the Department to take corrective measures on an urgent basis to address the inherent problem areas hampering the schemes and also impressed upon the States and State Medicinal Plant Boards for timely submission of UCs.

7.247 The Committee had been constantly drawing the attention of the Department to the organizational set up of the National Medicinal Plants Board. Although as per the Department, the Board was fully functional at present, the details of the officers /staff in-position was self revealing. Out of 14 regular officers/staff, 6 staff members were posted on temporary basis from different Councils of the Department. There were as many as 22 contractual consultants/outsourced staff working in the Board. The Committee found the present status of filling up of posts created for the Board very disturbing. 11 posts, out of which 10 posts were created in 2007 and 1 in 2004, were lying vacant. What was more worrisome was that these posts include the posts of CEO, Director (Technical), Dy. Director (Medicinal Plants), Manager (Marketing and Trade), Finance Administrative Officer, Research Officer (Medicinal Plants/Agronomy). The Committee also noted that some of the posts were lying vacant as suitable candidates were simply not available inspite of the Department advertising for the posts again and again. Taking a serious view of status of manpower at the National Medicinal Plants Board, the Committee once again urged upon the Department to make all conceivable efforts for getting the vacant posts filled up. The Committee pointed out that mere launching of ambitious schemes, followed by their substantive revision after a short interval would not serve the purpose. Simultaneous availability of required manpower was equally important.

7.248 The Committee sought that the exercise for reviewing the structuring of the State Boards be also undertaken by the Department so that problem areas noticed therein could be removed.

(viii) Quality Control of Ayush Drugs 7.249 The Committee had taken note of a number of corrective measures suggested during the Mid-term Appraisal of the Eleventh Plan. The Committee emphasized that quality control and quality assurance were the major issues with reference to ASU drugs. The Committee, therefore, recommended that corrective measures as suggested in the Mid-term Appraisal may be initiated without delay. 7.250 The Committee also took note of the fact that the rules regarding proper labeling on Ayurvedic, Siddha, Unani and Homoeopathic (ASU & H) drugs were not being complied with strictly. The Committee felt that the absence of proper labeling on ASU & H drugs might be a cause of health hazards. The Committee therefore, recommended that the monitoring mechanism in this regard be streamlined to ensure proper labeling on ASU & H drugs. (ix) Ayush Pharmaceutical Industry Indian Medicine Pharmaceutical Corporation Limited (IMPCL)

7.251 The Committee observed that this was the only Government enterprise which through its wide range of products had been playing a major role in the propagation of AYUSH system of healthcare. The Committee, however failed to understand the reasons for not releasing any funds to the Corporation from Rs.5.00 crore provided for the Eleventh Plan. It was but natural that all the required support was made available both for infrastructure and manpower so that IMPCL continues to carry out its mandated task. The Committee might also be kept informed about the 3rd phase of modernization which was underway at the Corporation. The Committee sought that concrete steps be taken to enlarge the area of open market sales of the products being manufactured at IMPCL.

(x) Development of Common Facilities for the Ayush Industry Clusters 7.252 The Committee observed that plan allocation of Rs. 25.00 crore in 2009-10 was brought down to Rs. 10.00 crore at the RE stage and as on 15th March, 2010 utilisation status was Rs.8.57 crore. The Committee was informed that the allocation was curtailed due to reduced allocation as a whole for the Department and as a result, request for second installment could not be fully met. The Committee found that against the projected requirement of Rs.50.00 crore for 2010-11, Rs.25.00 crore had been allocated. The Committee recommended that in view of the absorption capacity of funds of the Scheme, the allocation might be suitably enhanced. (xi) Survey on Usage and Acceptability of AYUSH

7.253 The Committee observed that the survey had been continuing at a proposal stage from the Tenth Plan. When asked to clarify the reasons therefor, the Committee was informed that the delay in undertaking the survey was mainly due to finalization of an agency/institution having capacity and competence for conducting nation-wide household survey. Latest position was that the National Sample Survey Organization (NSSO) had been requested to undertake the survey for AYUSH along with their

Socio-Economic Survey. In the meantime, the Health Department had also been requested to include this item in the next National Health and Family Welfare Survey. 7.254 The Committee failed to understand the reason for undue delay in the finalization of an agency for undertaking such a vital issue of usage and acceptability of AYUSH. The Committee wondered as to how funds amounting to Rs.66 lakhs could be spent when an agency for the survey was yet to be finalized. Both the surveys by NSSO and National Health and Family Welfare Survey were being conducted since long. It would be in the fitness of things if modalities for the survey were expedited prior to survey. The findings emerging from the data collected though survey would prove to be of immense help in formulation of future strategies for AYUSH. (xii) Development of Institutions

7.255 The Committee observed that against Eleventh Plan Outlay of Rs.550.00 crore for development of Educational Institutions, funds released during the first three years of the Plan period amounted to only Rs.157.00 crore and expenditure reported upto 15th March, 2010 was only Rs.102.04 crore. The Committee found that the position had been very discouraging during the last two years as indicated below:

(Rs. in crores) 2008-09 2009-10

BE RE Actuals BE RE Actuals

(Upto 15.3.10)

65.00 36.71 40.00 45.00 20.00 18.67

Not only this, achievement level of physical targets had also been showing a downward trend. Against 38 and 20 institutions targeted to be assisted during 2008-09 and 2009-10, only 32 and 11 institutions could be assisted respectively. Pending/incomplete Utilization Certificates, slow pace of utilization and lack of adequate number of fresh proposals had been cited as the main factors responsible for this slow pace of utilization.

7.256 The Committee was given to understand that changes were proposed in the eligibility criteria for releasing grants-in-aid to AYUSH Educational Institutions. Increase in the quantum of grants-in-aid for infrastructural development, changes in the Central/State/private institution funding pattern were being finalized. The Committee hoped that finalization of all these changes would be expedited. One must not forget that good quality education in all AYUSH systems of medicine was the very foundation for propagation of these age-old traditional systems of health care, very much required for our country.

(xiii) Public Health Initiatives

7.257 The Committee strongly felt that such initiatives need to be sustained and expanded across the country. All conceivable efforts therefore need to be taken in this direction.

(xiv) International Cooperation

7.258 The Committee observed that at international level also, the Department had been coming forward with tie-ups with countries like China, Russia, SAARC Group of Nations and ASEAN Countries. However, along with such initiatives, there was a growing need for validation of both the AYUSH systems and products on scientific lines in the wake of growing global concerns in this regard. Setting up of an Indo-US Centre for Research on Indian System of Medicine (CRISM) in the University of Mississippi, USA was a step in the right direction. The Committee hoped that such a move along with joint centres with national level medical and scientific institutions would go a long way in establishing the validity and efficacy of AYUSH system of healthcare.

7.259 Lastly, the Committee welcomed the setting up of an Advisory Committee under the Chairmanship of Dr. R.A. Mashelkar on various issues on the International cooperation sector which would also play a pivotal role.

c) 41st Report

(i) Introduction

7.260 The Committee appreciated the efforts made by the Department towards promotion of basic, applied & clinical health research and to ensure infrastructure for research work. The Committee hoped that all major schemes envisaged by the Department would be implemented and translated into action within the next six months.

7.261 The Committee felt that for ensuring translation of research there was a need to concentrate on taking research to its logical conclusion in the field of drugs, vaccines (both preventive and therapeutic) diagnosis, microbicides, vector and control products and platform technologies. The Committee recommended that the Department should make all efforts for achieving the above objectives. 7.262 The Committee further recommended that there was a need to put in place necessary framework and guidelines for research activities. Ethical guidelines should be ensured through proper legislation, professional self-regulations and external bodies. The priority areas should be identified and priority should be set for various aspects of the health research. A National Health Research Policy should be framed and a National Health Research Forum should be created at the earliest. Appropriate mechanism should be established for mapping and accreditation of Health Research Institutions. Besides, Knowledge Management Policy should be framed at the earliest. (ii) Budgetary Allocation 7.263 The Committee expressed its displeasure over the funds management of the Department. Under no circumstances it could be possible for the Department to utilize 66% of the total Plan outlay in the final year of the Eleventh Plan Period.

7.264 The Committee expressed its dissatisfaction on such a big gap between the required and allocated funds. The Committee noted that the major programmes likely to be affected as a result of the shortfall of Rs.1144.39 crores in plan allocation were establishment of network of virus diagnostic laboratories, facilities for health research in medical colleges and model rural health research units. Prevalence of various virus infections like swine flue, dengue, Chikungunya etc .is a very common feature in the country and large number of people suffer every year due to various viral infections. Presently there is acute shortage of virus diagnostic laboratories in the country and as a result of meagre plan allocation for 2010-11, the effective control of various virus infection-related life threatening ailments would be a distant dream. Similarly, in the absence of adequate facilities for health research in medical colleges, the very purpose of coordination between the medical education and health research would be defeated. More than 70 per cent population resides in the rural areas and as a result of non-establishment of model rural health research units, the rural population of the country would be deprived of the critical health care facilities like disease diagnostics.

7.265 The Committee views with serious concern that such critical areas of health research would be affected adversely due to resource crunch. The Committee observed that scientific knowledge generated through health and bio-medical research was used to develop drugs, diagnostics, devices and vaccines that ultimately find place in the health system of the country. The Committee, therefore, recommended that the funds crunch should not be allowed to come in the way of establishing a network of virus diagnostic laboratories, facilities for health research, model rural health research units and generation of new knowledge in such a crucial area as health research.

7.266 The Committee also noted that the Planning Commission had allocated an amount of Rs. 800 crore for 2010-11 for the Department, which was subsequently reduced to Rs. 500 without assigning any reason therefor. Considering the fact that the Department was specifically created to give impetus to bio-medical research in the country, which was a sector that was very crucial to the health and well-being of the people of the country, the Committee was of the considered view that Rs. 500.00 crore would not be sufficient to fulfill the mandate of the Department. The Committee, therefore, recommended that allocation for the Department for this fiscal should be increased to Rs. 800.00 crore, initially allocated by the Planning Commission.

7.267 The Committee was constrained to note that funds amounting to Rs. 129.00 crore and Rs. 8.00 crore allocated in 2008-9 and 2009-10 respectively remained blocked presumably due to delay in approvals and non-finalization of plans/schemes. Rs. 83.00 crore had been allocated for the above projects for 2010-11. The Committee exhorted the Department to secure all mandatory clearances and initiate the implementation of the above projects so as to ensure optimum utilization of the allocated funds for 2010-11.

7.268 The Committee noted that there was a huge mismatch between the projected demands by the Department and the approved BE for the year 2010-11. The same was the trend in 2008-09 as well, when against the projected demand of Rs. 1613.00 crore on the plan side, the Department was allocated Rs. 531.75 crore and the actual expenditure (plan) was Rs. 389.85 crore only. While the Committee was supportive of the Department’s demand for higher allocation, it was, also, imperative on the part of the Department to take suitable measures to reverse this trend of unrealistic projection of fund requirements and make its estimates only after proper assessment and planning. If the budget formulation is reduced to a ritualistic exercise, it leads to under-utilization/non-utilization of scare resources which a country like India can ill-afford. The Committee sought to be apprised of the measures taken for objective and realistic formulation of the budget requirement of the Department. The Committee also recommended that the Department prepare a comprehensive action plan for optimal utilization of the funds, which should be reviewed periodically by the Secretary of the Department.

7.269 The Committee welcomed the enhanced allocation for the North Eastern Areas for 2010-11, which was fully justified in view of the excellent track-record of the Region in the matter of utilization of the funds allocated in the past. However the Committee sought to be enlightened as to whether the entire budget allocation was spent for the intended purposes during 2008-09 and 2009-10 or some part of it was transferred to the non-lapsable pool to be utilized later.

(iii) Indian Council of Medical Research

7.270 The Committee noted that the shortfall between the amount allocated and the amount projected for ICMR was to the tune of Rs. 630.00 crore which was quite large by any standards and was certain to have an adverse bearing on the implementation of various research projects of ICMR. The Committee observed that in view of the dynamic international health research environment and the current and future health challenges, the role of ICMR was very crucial and if its projects were plagued with under-funding, it could have very serious repercussions and undermine the desired outcomes in the health sector. The Committee, therefore, recommended that more funds be allocated to ICMR. Simultaneously, the Committee impressed upon the ICMR, to exercise better fiscal discipline and take credible and tangible action to improve the financial administration which would ultimately bolster its claims for more funds.

7.271 The Committee was happy to note the sterling achievements of ICMR and placed on record its appreciation for the endeavors made by it. At the same time, the Committee highlighted two key concerns identified in the Eleventh Plan, i.e. (i) bridging the “Know-do” gap and (ii) delivery of the products of health research to the people who need it most. It had been observed that while health research have made appreciable progress, there remains a time lag in translating the research outcome into tangible health products or in application of the knowledge generated through research and that there is a need to mobilize research to bridge the gap between what is known and what is done. Equally important is to ensure that the products of health research reach and are used by the people who need it most. The Committee, therefore, recommended that the specific health products/processes accruing from each of the above innovations/achievements of ICMR should be introduced into public health service and be made accessible to all sections including the most deprived sections of the society. The Committee sought to be kept apprised of the progress made in this regard.

7.272 The Committee observed that health research projects funded with public money should be assessed in terms of tangible health outcomes for the masses and there should also be a mechanism for evaluating the health benefits ensuing from such research projects. The Committee, therefore, recommended that a system be put in place to do audit of health research being funded, wholly or partially, with government money, so that an assessment could be made as to whether or not the health research being done was justified and relevant.

The Committee took special note of the following achievements of ICMR. • A phase I HIV vaccine trial using the prime boost approach was initiated in NARI, Pune and TRC, Chennai. The enrollment

for the trial had been completed and the volunteers were now being followed. • Draft guidelines on management of buccal mucosa cancer and cervical cancer were being finalized on the lines of

suggestions of experts. • A Web Based Management for Acute Coronary Events (MACE) Registry network had been initiated • New proposal on “ICMR- Indian National Diabetes Study-Phase I,” had been initiated at three states and one Union

Territory with the aim to understand prevalence of diabetes and pre-diabetes along its association with the genetic aspects. The Committee sought to be apprised of the final outcomes of the above research projects.

7.273 The Committee also noted that a number of outcomes had been projected for the year 2010-11 in respect of ICMR regarding its Regular programme and Translational programme, Establishment of new centres, strengthening the international cooperation, tribal health in North-East and other under-privileged areas/population, manpower development, and health system research. The Committee recommended that the desired outcomes should be achieved within the fixed time frame. The Committee sought to be apprised of the achievements made in respect of each of the above programmes/projects.

7.274 The Committee observed that no single system of health care had the capacity to solve all of India’s health care needs. It was in this context that the scientific research in the area of traditional medicine assumes added significance. The Committee noted that the ICMR was funding 48 projects in traditional medicine. The Committee was of the view that it was more important to focus on health outcomes rather than health outlays. The Committee, therefore, urged upon the Department not to remain complacent by merely funding the 48 projects but to reorient its attention for the health outcomes accruing from the above research projects. The Committee sought to be apprised of the health outcomes of all the research projects under reference. 7.275 The Committee also recommended that the task of validation of traditional AYUSH drugs and development of new drugs for identified diseases should be accomplished within the stipulated time frame. Similarly, the project for validating the safety and efficacy of therapeutic practice should be completed well in time. It sought to be informed of the achievements made so far from the “Golden Triangle Partnership, and ICMR’s collaboration with the National Innovation Foundation” for validating the safety and efficacy of therapeutic practices.

7.276 The Committee noted from the Background Material furnished by the Department that as many as 16 research projects concerning family planning for which a budget of Rs. 97,53,940/- was committed during 2008-09, were still pending and no amount had been released out of the budgeted allocation. In the absence of any reasons, the Committee was unable to comprehend the non-release of the budgeted allocation. The Committee therefore, recommended that all such research projects should be completed at the earliest and bottlenecks, if any, should be removed. It sought to be apprised of the reasons behind the pendency of the projects under reference and non-release of the committed funds for those projects.

7.277 The Committee was happy to note that streamlining the process of approval of the research proposals was underway. In this era of fast-paced scientific developments, speedy approval of the research projects was critical for generating and unleashing full potential of scientific knowledge. The Committee, accordingly, recommended that the process of approval of the research projects should be streamlined in such a way that their approval was accorded well within the stipulated time frame. (iv) Promotion, Coordination and Development of Basic, Applied and Clinical Research. 7.278 The Committee noted that the above schemes were targeted to be commenced during 2008-09. However they could not be finalized even during 2009-10. Three years of the Eleventh Plan had elapsed and the inordinate delay witnessed in finalization of these ambitious schemes left the Committee wondering as to how the envisaged objectives under the schemes would be achieved in the next two years of the Plan. Since the Department had not shed any light on the factors responsible for the inordinate delay, the Committee could only guess that these schemes got stuck in the quagmire of approval delays arising out of bureaucratic red-tapism, leading to scare resources remaining idle during 2008-09 and 2009-10, which could otherwise had been put to more productive use. However, the Committee was of the considered view that lack of funding should not be allowed to come in the way of commencement of the above five sub-schemes. The Committee noted that due to reduced allocation, the Department would not be able to start major activities under this head like Special support to Medical Colleges for medical research, Establishment of Model Rural Health Research Units, and Establishment of a Network of Virus Diagnostic Laboratories. The Committee, therefore, lent its full support for enhanced allocation for the above sub-schemes and recommended that adequate funds be allocated for satisfactory operationalization of the 5 schemes mentioned above. The Committee simultaneously exhorted the Department to obtain mandatory clearances without further loss of time. (v) Promotion and Guidance on Research Governance Issues.

7.279 The Committee was dismayed to note that the allocations made for 2008-09 and 2009-10 had been surrendered in toto due to non-finalization of the programmes. The Committee, therefore, felt it imperative for the Department to urgently finalize all the projects envisaged under this head so that it could put a strong case for enhanced allocation at RE stage. The Committee sought to be apprised of the progress made towards operationalising the above projects.

7.280 The Committee welcomed these initiatives for better co-ordination of research-related activities amongst the major stake-holders. (vi) Inter-Sectorial Coordination in Medical, Biomedical and Health Research 7.281 The Committee was distressed to note that the non-utilization of the allocated plan funds during 2009-10 was on account of slippages in finalizing and implementing the envisaged projects and if this trend continues to persist in 2010-11, the allocated funds would again have to be surrendered. The Committee, therefore, recommended to the Department to undertake concerted action for timely finalization and implementation of the above projects so that the Department could go ahead for enhanced allocation at RE stage. The Committee sought to be apprised of the concrete action initiated and the progress made in this direction.

(vii) Advanced Training in Research in Medicine and Health

7.282 The Committee in its 29th Report on Demands for Grants (2008-09) had noted that Rs. 5.50 crore had been earmarked under this head in BE 2008-09 and apprehended that such an allocation of funds would not be sufficient to meet the requirement of this scheme. However, the Committee was unhappy to note that even Rs. 5.50 crore could not be utilized in 2008-09, leading to drastic reduction of the allocation to Rs. 1.00 lakh at the RE stage. Given the above facts, it was not surprising that the allocation of funds in BE 2010-11 was substantially lower than the projected demand of the Department. The Committee, therefore, reiterated its recommendations that the Department should ensure proper implementation of all the activities contemplated under this Head. Only then its demand for higher allocation at the RE stage would have credibility. The Committee also noted that mandatory clearances were yet to be obtained for the schemes/projects under this head. While the Committee recommended that lack of funding should not be allowed to impact on the schemes under this head, it also exhorted the Department to move forward towards initiating the process of obtaining necessary clearances. 7.283 The Committee sought to be apprised of the findings of the Expert Group constituted to identify the areas in which the Department of Health Research would complement the efforts of other science agencies. (viii) International Cooperation in Medical and Health Research 7.284 The Committee regretted to note that this was yet another case of poor planning and unrealistic projections for allocation of funds, leading not only to substantial under-utilization of funds but also to the above programmes remaining non-starter. Notwithstanding substantial under utilization of funds in 2009-10, an enhanced allocation of Rs. 8.00 crore had been made in BE 2010-11. The Committee exhorted the Department to prepare an action plan for optimum utilization of funds

allocated for 2010-11 under this head and also thrash out lingering issues, if any, expeditiously so as to commence the programmes without any further delay.

(ix) Matters Relating to Epidemics, Natural Calamities and Development of Tools to Prevent Outbreaks. 7.285 The Committee observed that very important activities had been proposed under the above head. However, merely conceptualizing the schemes on paper would not lead to anything if they were not operationalised within a specific time-frame. 7.286 The Committee noted that the plan funds to the tune of Rs. 1.00 crore were allocated for B.E 2009-10. However, no expenditure was incurred under this head during 2009-10 and the entire amount was surrendered. The Committee expected that at least from this year onwards, the funds would be administered in a more diligent manner, making disaster management a more meaningful exercise. The Committee, therefore, recommended that the modalities for the schemes were finalised with fair amount of promptitude and mandatory clearances were obtained well in time. The Committee sought to be apprised of the progress made towards implementation of the above programmes.

(x) Coordination in the Field of Health Research with Governments, Organizations and Institutes. 7.287 The Committee observed that there was huge mismatch between the projected demand of the Department and the allocated funds under this head for 2010-11. The Committee also took note of the submission by the Department that since these programmes had not commenced, utilization was only Rs. 15.00 lakhs in 2009-10. The Committee was constrained to observe that the Department was not very prudent in its budget formulation. The Committee therefore recommended that henceforth the Department should make its estimates only after proper assessment of actual requirement of funds under this head. 7.288 The Committee noted the submission of the Department that it proposed to establish a mechanism for coordination and joint funding of projects. However, the only forward movement in this direction was the setting up of an apex Committee of Secretaries. The Committee observed that there were a number of government organizations conducting research in various specific areas and therefore, creation of an institutional coordination mechanism was must for synergizing the core competencies of the different research organizations/agencies. The Committee, therefore, recommended to the Department to urgently institutionalize the coordination mechanism. 7.289 The Committee sought to be apprised of the progress made towards developing the Guidelines for Coordination with other Departments/organisations/agencies. 7.290 The Committee also observed that very important activities was envisaged to be undertaken under this head. However, the Committee was not aware of the roadmap for meaningful realization of the goals set under this head. The Committee, therefore, recommended the Department to draw up an action plan in coordination with other organizations/agencies concerned to implement the projects envisaged under this head in a time-bound manner. (xi) Matters relating to Scientific Societies and Associations, Charitable and Religious Endowments in Medicine and

Health Research Areas.

7.291 The Committee deprecated the Department for its inability to implement one project after another on time and projecting budgetary demands in an unrealistic manner. This calls for serious introspection. The Committee genuinely hoped that the projects envisaged under this head would commence during the current fiscal and exhorted the Department with all the power at its command to start the ground work for implementation of the programmes under this head in right earnest. (xii) Provision for Projects/Schemes of North Eastern Areas and Sikkim 7.292 The Committee noted that the ICMR’s Regional Medical Research Centre, Dibrugarh had been conducting research on various health issues/areas of special significance to the North Eastern Region, which had provided significant leads. The Committee also noted that during 2009-10, close to 90 studies were continued and several new studies had been initiated to address the major health concerns of North Eastern Region. The Committee sought to be apprised of the specific health products/processes that had been generated through the research activities/studies undertaken in the North Eastern Region and used for treatment of ailments specific to the people of the region. 7.293 The Committee was happy to note that there were two Committees, one each for review of extramural research and intramural research, in order to ensure that research projects were conducted in a timely fashion. However, the Committee sought to be apprised of all the research projects sanctioned during 2008-09 and 2009-10 and the designated time-line for their implementation. The Committee sought to be informed of the physical achievements of the various on-going and new projects under this head during 2010-11.

(xiii) HPV Vaccine 7.294 Taking serious view of procedural and ethical lapses on the part of the Ministry, the Committee sought the matter of allowing trial of the vaccine as also the approval for its marketing in the country to be enquired into by a premier investigating agency and to take further appropriate follow-up action in the matter. It also asked that findings of the investigating agency and the follow-up action taken in this regard might be furnished to the Committee at the earliest. The Committee took a serious view in the matter and recommended the Department of Health Research that in future all guidelines and norms should be adhered to before allowing trials of any drug including vaccines on Indian population. The Committee also recommended that the Drug Controller General of India should observe optimum precautions and follow all norms and guidelines while allowing marketing of any drug including the vaccines in the Indian market. (xiv) Manpower Requirements for DHR and ICMR 7.295 The Committee was surprised to note that our premier institute in the field of medical research had been working with the minimum staff for all these years. The very fact that not a single post had been created during the last 25 years confirms Committee’s concerns in this regard. Not only this, a large number of posts, that too, in scientific and technical grade was lying vacant. The Committee was not aware since when such a situation had been continuing. The Committee would imagine the kind of work stress being faced by our scientists, specially during the time of epidemic outbreaks. The Committee recommended that all the existing vacant posts in ICMR should be filled up without any further delay. All 500 posts of scientists and 1000 matching posts of research fellows and technical posts should be created at the earliest and filled up. This exercise needed to be carried out in a time-bound manner. It should be ensured that unduly long time was not taken in getting the posts created, followed by a protracted exercise of getting them filled up. Similar concerted efforts would also be required for creation and filling up of 210 posts of scientists and 400 posts of technical staff required for the Department of Health Research. The Department would have to play a proactive role so that lack of specialized manpower did not hamper the crucial research activities, both ongoing and proposed. d) 42nd Report (i) Budgetary Allocation 7.296 There had been optimum utilization of allocated funds under NACP III so far. The only exception was that during 2008-09 inspite of marginal increase at the RE stage, pace of utilization at the end of the year was not very satisfactory with Rs. 91.00 crore remaining unspent at the end of the year. 7.297 The Committee appreciated that with focused intervention of NACO there was a considerable decline in unspent balances available with the Societies. The Committee pointed out that availability of unspent balance with some SACS, like Karnataka SACS (Rs. 11.34 crore), Tamil Nadu (Rs. 8.40 crore) and West Bengal (Rs. 8.99 crore) was still quite high. The Committee, therefore, recommended to the Department to introduce stricter monitoring mechanism and financial discipline so that funds did not get accumulated and remain unutilized.

7.298 The Committee pointed out that these efforts needed to be sustained till the elimination of all the problem areas being faced by different States. The Committee was constrained to observe that there was downward revision of funds at the RE stage during 2009-10. The Committee did not find any merit in the justification put forth by the Department that across the board cut resulted in the downward revision of funds. In the Committee’s opinion, opening balance of Rs. 238.68 crore at the beginning of 2009-10 seemed to be the main reason for reduction of allocated funds during the year. The Committee pointed out that various components under NACP deserved to be pursued vigorously and any cut in funds for the same would severely hamper the ongoing fight against the deadly disease.

7.299 The allocation projected by the Department for 2010-11 was Rs. 1494.43 crore which was restricted to Rs. 1435.00 crore by the Planning Commission. Significant component of capital expenditure for establishing Blood Banks in 4 Metro cities, viz., Kolkata, Delhi, Mumbai and Chennai would be adversely affected as the allocated domestic budget support would not be available and the Department would be seeking enhanced allocation therefor.

(ii) Role of NGOs

7.300 The Committee was dismayed to note that even after about two years, the Department had not been able to recover the unspent funds available with the discontinued NGOs. There appeared to be some slackness on the part of the Department and the other implementing agencies. Further, the fact that the Department had information only from 13 States, was an indicator of poor monitoring and control. The Committee sought to have a complete updated status till 2009-10 on this inter-alia containing the issues like contract norms fixed for NGOs, their selection criteria, number of blacklisted/discontinued NGOs – state-wise alongwith officials in the Government set-up held responsible, if any, for poor monitoring/selection, unspent funds available with

such NGOs, amount recovered and the reasons for delay in recovering the same. The Committee also recommended imposing severe penalties on NGOs which had indulged in fraud or financial embezzlement. 7.301 The Committee apprehended that the discontinued/blacklisted NGOs might also resurface again by changing their name or place of work. The Committee sought to be apprised about the specific steps taken by the Department to thwart any such attempts by such NGOs and share with it such instances, if any, when it had been successful in preventing re-entry of such NGOs in the NACO network. 7.302 The Committee observed that achievement level of various components under NACP during the first three years of the Eleventh Plan period had been more or less satisfactory. Significant achievement had been reported under treatment of new STI cases and persons living with HIV/ AIDS, setting up of ART Centres, Community Care Centres and Integrated Counselling and Testing Centres. However, the same could not be said about other components. Against 220 lakh persons to be counseled and tested at the ICTC every year, target had remained between 46.00 lakh to 85.00 lakh and that too, had remained unaccomplished.

7.303 The Committee was constrained to observe that the achievement level under many of the physical targets set during 2009-10 had been far from satisfactory. There was instances of severe underachievements under the components like - Setting new core group targeted interventions; setting up new bridge population targeted interventions; setting up new Blood Component Separation Units; setting up new District Level Blood Banks etc. The Committee failed to understand that under such circumstances how the Department had utilized more than 98 % of the funds during 2009-10 without achieving the satisfactory level of achievement under many of the physical targets. The Department needed to understand that it was good to achieve financial targets but what was more important was that achievement of the financial targets should be commensurate with the achievement of the set physical targets. The same was apparently missing here. Under such circumstances, the Committee had serious doubts over the planning and the subsequent execution strategies of most of the components of the Programme. The Committee could only infer that either the funds sought have been miscalculated or the Department had pumped in more money under certain components running successfully whereby it could show a higher percentage of utilization of allocated funds. The Department needed to clarify the same.

(iii) Setting up of New Blood Component Separation Units (BCSUS) 7.304 The Committee was constrained to observe that the data made available to the Committee through the response to a query made twice revealed that the Department had fixed a target of 162 for setting up of new Blood Component Separation Units by the end of the Eleventh Plan. The Committee noted that no target was fixed for the first year, i.e., 2007-08, and for 2008-09 and 2009-10, 40 BCSUs each were kept as targets. However, a cumulative achievement of only 47 BCSUs could be made till February 2010. Out of the total target of 162 units for the Eleventh Plan period, a total of 115 more such units were required to be set up during the last two years of the Eleventh Plan period. The Committee sought the same to be clarified.

(iv) Setting up of New District Level Blood Banks 7.305 The Committee was dismayed at the fact that the Department had not been able to take up the matter of setting up of the district level blood banks with a sense of urgency. The Department itself was aware that these 39 Blood Banks had been identified on the basis of an assessment of urgent requirement in underserved areas. Hence, a delay in setting up of the blood banks as envisaged, was against Department’s obligations to see that the facilities reach these underserved areas. Most of the reasons cited for the delay were non-availability of adequate infrastructure, manpower and delay in issuance of license. The Department needed to play a pro-active role by taking up the matter with the concerned State Governments as well as the agencies at an appropriate level to expedite the procedural formalities. The Department should also consider providing appropriate additional funds, if required, for infrastructure and manpower related matters so that there was no delay due to financial constraints. 7.306 The Committee also recommended to the Department to take special notice of the underserved districts of Uttar Pradesh and Jharkhand. The Committee hoped that the Department would keep on assessing the requirements of Blood Banks based on actual needs in various States due to migration and other issues. 7.307 The Committee welcomed this new initiative of the Department for establishing four Metro Blood Banks as Centres of Excellence. However, the Committee was unhappy to note the slow progress of the Department in realizing this initiative which had been pending since 2008-09. These blood banks would not only act as model blood banks with latest equipments and technology but would also be of great help in meeting the ever rising demands of these metro cities. The Committee however noted from the records available with it that no deadlines had been set regarding making the same functional. Keeping in mind the delay already made in implementation of this initiative, the Committee recommended to the Department to have a targeted approach in making the four metro blood banks functional at the earliest. The Committee drew the attention of the Department to the undue delay in the operationalisation of model Blood Bank at Tirupati. Infrastructure for the Blood Bank had already been

provided by the State Government. The Secretary assured the Committee that action for sending the equipment for the Blood Bank would be taken immediately. (v) Integrated Counseling and Testing Centres (ICTC)

7.308 The Committee was not convinced with the evasive reply of the Department. In the opinion of the Committee, while fixing targets for some component, one had to realistically assess all the hurdles/problem areas vis-à-vis the abilities of the system to deliver and achieve the same. Before fixing a target the Department should have taken into account all the relevant factors. Low level of institutional delivery being cited as the negative factor amounts to criticizing its own planning. 7.309 This needed focused attention of the Department, since the Department had itself informed the occurrence of rising trends of HIV prevalence among pregnant women in the low prevalence/ vulnerable States of North India. The Committee was of the opinion that the Department would hope for achieving the set targets by proper planning and execution. It needed to strengthen its network of ICTCs and focus on strong Information, Education and Communication activities in such States to motivate institutional deliveries. (vi) Persons to be Counseled and Tested at ICTCs (Target of 220 lakh per year) 7.310 The Committee was happy to note that the quality issues related to HIV test kits had been resolved. The Committee hoped that the Department would keep a close monitoring of the quality related aspects of the kits so that such problems did not recur. The Committee also appreciated that some concrete steps had been taken to solve the issue of shortage of lab technicians by way of revising the guidelines of NABL. The Committee hoped that with concerted efforts like these, the Department would see an increase in the achievement level. (vii) ART Centres 7.311 The Committee was satisfied that at present the number of patients undergoing second line of ART was within the manageable range. However, the Committee was of the considered opinion that the number of Centres of Excellence being limited to just 10 where the patients could have treatment facilities, the patients, especially the poor people residing far away from these Centres, would have to spend a lot of money for transportation for visiting these Centres regularly. The Committee thought that with the facilities of ART Centres expanding, more number of patients requiring second line of treatment was going to increase considerably. Accordingly, the Committee recommended to the Department to have a realistic assessment of the requirement of new Centres of Excellence with a view to make the facilities for treatment available within reasonable distance of the patients. (viii) New Initiatives 7.312 The Committee was pained at the slow progress in establishing the National Blood Transfusion Authority and setting up of a Plasma Fractionation Plant. Both these initiatives were very important. It was very disappointing that the same still remained on paper even after two years. The Committee sought to be informed about the reasons for the inordinate delay and the deadline by which the same would be set up. It recommended to the Department to make all conceivable efforts to achieve the aforesaid targets at the earliest. (ix) Adolescence Education Programme (AEP) 7.313 The Committee was happy to note that the Department in collaboration with the Ministry of Human Resource Development (MHRD) had been able to allay the apprehensions of many of the States w.r.t. implementation of the Programme. The Committee fully shared the concerns of the various State Governments regarding suitability of the contents of the Programme due to various demographic and cultural diversities that exist in the country. However, the Committee was of the opinion that the Programme, which aims at generating awareness amongst adolescents under its preventive strategy, was the need of the hour against this deadly disease. With changes in the study material and new modules already introduced under the revised AEP which take care of the concerns of the States, the Committee hoped that the Department needed to make concerted efforts alongwith MHRD to bring the remaining States on board where the Programme was still under suspension. The Committee might be informed about the efforts made by the Department in this regard. (x) New Strategies 7.314 The Committee was happy to note the progress made with regard to the new initiatives started in 2009-10. The Committee was of the opinion that setting up of the District AIDS Prevention and Control Units would fill up the necessary gap required as a supportive structure below the state level to coordinate the activities at the district level. The Committee would recommend expanding the same to more districts in the near future so as to implement the Programme effectively.

7.315 The Committee noted that the Link Work Scheme was an intensive rural-based intervention reaching out to the marginalized groups which remained uncovered even after the expansion of urban based prevention programmes. However, the Committee noted that the same was being implemented only in 18 States as of now. The Committee recommended to the Department to assess the need to cover the remaining States and closely monitor the scheme as the success of this scheme was crucial for achieving the goal of halting and reversing the epidemic of AIDS. 7.316 The Committee welcomed Department’s collaboration of its various activities with the backbone of India’s healthcare delivery system in rural areas – the NRHM. The Committee hoped that the Department would keep in close touch with the Department of Health and Family Welfare and explore more avenues to use its infrastructure and manpower under NRHM to further its various activities. 7.317 The Committee hoped that the Department would expand the preferred private provider scheme for management of sexually transmitted infections among high risk groups from existing 11 States to all the States having High Risk Groups in 2010-11. However, the Committee recommended close and strict monitoring of the scheme as the numbers might be fudged by the provider to get the token amount of Rs. 50 which was being given as consultation.

(xi) National Pediatric Initiative 7.318 The Committee was very concerned at the increasing number of HIV + children and rising trend of HIV prevalence in pregnant women in low prevalence/ vulnerable States of North India. However, the Committee considered it to be due to Department’s proactive approach in identifying and tracking the HIV+ mothers or it might be an indication of rise of the disease in the low prevalence States. The Committee recommended to the Department to keep a strict vigil on rising trends of HIV prevalence among pregnant women in low prevalence States and took immediate steps to contain the same. The Committee might be informed of the specific steps taken by the Department in this regard. 7.319 The Committee was pained to imagine the plight of the small children who would be requiring the ART treatment in the long run. The Committee recommended to the Department to intensify its approach to detect the HIV+ children by targeting the HIV + mothers and ensuring full care and support to them. The Committee would be informed about the status of all HIV + children in India, State-wise. 7.320 The Committee was very concerned for the welfare of the HIV patients and their dependents. On a specific query regarding any initiative taken by the Department to come up with a rehabilitation policy for AIDS affected patients and their dependents, especially those of the weaker sections, in consultation with other Ministries/agencies, the Committee was informed that there was no scheme to provide rehabilitation to AIDS affected patients under NACP-III.

7.321 The Committee did not find the Department’s response to be a healthy one. Even if there was no such scheme under NACP – III, the Department could take up the idea further with other Ministries like Social Justice and Empowerment, Finance etc. In the opinion of the Committee providing financial security to the patients and their dependents would be a boon in Department’s fight against the epidemic and helped in containing it. The Committee, therefore, strongly recommended to the Department to take a proactive approach in this regard. (xii) Information Education and Communication (IEC)

7.322 The Committee appreciated the various interventions initiated for carrying out IEC campaigns, theme-wise campaigns for promoting HIV counseling etc., Multi-media campaigns, booklets for High Risk Groups etc. Red Ribbon Express, a specially designed exhibition train could be rightly considered as World’s largest mass mobilization against HIV/ AIDS. The Committee drew the attention of the Department towards reports received from time to time on the projected claims about successful treatment of HIV/ AIDS. However, apprehensions were raised by some Members during the deliberation of the meeting as regards the presence of quacks coming up in the name of Indian medicines promoting that AIDS was 100 percent curable. The Committee was informed that the Department had very strong IEC component in their intervention for fighting HIV/ AIDS. The Committee was apprised of the Red Ribbon Express Programme launched by the Department across the country, aiming at spreading knowledge and awareness about the disease. 7.323 The Committee was of the opinion that mere presence of statutory provisions for prohibiting quacks was not sufficient. The Committee strongly recommended that there was need to combat all such myths by providing the masses with the actual information in this regard by involving the State Governments.

e) 43rd Report

(i) Introduction

7.324 The Committee had hoped that the Department would come out with follow-up action in the true sense along with clear cut plan of action for the future. Unfortunately, the Committee was surprised to observe that the feedback furnished by the Ministry belied the very idea of Action Taken Note. The Committee's pointed recommendations/observations on quite a few pertinent and crucial issues had either simply remained unanswered or was circumlocutory in nature and lacked conviction. Not only this, in response to a number of recommendations/observations on entirely different aspects, the Ministry had simply repeated the same reply. 7.325 However, on a perusal of the Interim Report, the Committee was somewhat surprised to observe that the conclusions drawn by the four-member Expert Committee (including two technical members having expertise in the product/ manufacturing standards of drugs and pharmaceuticals), was not only similar to its findings but also emphatically established that the decision to suspend the manufacturing licence of the premier vaccine-producing institutes was not only ill-advised but also led to acute shortage of vaccines, - the most essential component of Universal Immunisation Programme. The Committee had the following observations/ recommendations to make in the succeeding paragraphs. (ii) Revival of Vaccine -Producing PSUS 7.326 Before giving its observations on the action taken by the Ministry for revival of the three units, the Committee drew the attention to the Interim Report of Javed Chowdhary Committee which had expressed serious reservations on the very motive behind such a move, in the following manner:

"1.10 From the records it appears that the final decision to suspend the license was taken by the DCGI after extended consultations with the Ministry. The examination of the issue in the Ministry was extremely circumlocutory and scattered over several files. An explicit decision has not been recorded at any place based on an analysis of the issues. At one point of the record it is cryptically stated that the Minister, Health and Family Welfare has approved the issuance of the show cause notices for suspension of the licenses. This note is signed by everyone in the administrative line-of-command including the Minister. However, as stated earlier, there is nothing substantial on record analyzing the grounds on which the decision was taken".

7.327 The above observations clearly indicates that the decision for discontinuance of vaccine production was not guided by sound reasoning. The Committee observed that finally the three vaccine producing PSUs i.e. CRI, Kasauli, PII, Coonoor and BCGVL, Guindy, which had been the mainstay of vaccine production and supply in the country, had been conferred a new lease of life. The Department had informed that production of DT and TT vaccines at CRI, Kasauli was to start from the month of April, 2010. The Committee would have appreciated if specific feedback about the actual production had been furnished by the Ministry. Similarly, production of DPT vaccine at PII, Coonoor was anticipated to begin from December, 2010. The Committee, however, found that although suspension of manufacturing license of BCGVL, Guindy also stands revoked, the Ministry had remained silent as regards the revival of production schedule at this unit. The Committee would have appreciated if production had started here also. 7.328 The Committee sought to quote from the Interim Report with regard to the status of manufacturing facilities at the three units:

"7.1 The last detailed inspection report was submitted in early January, 2008, after the receipt of the reply from the units to the show cause notice, and immediately prior to the suspension of the manufacturing licenses. Out of the total of 129 deficiencies raised in the reports, about 71 observations are of a minor nature, not significantly affecting the manufacturing standards. Some 58 others require improvement or upgradation - walls not having a smooth surface; junctions, corners, window/ door frames not being smooth and dust free; animal house requiring minor improvement; SOPs requiring revision; need for introduction of new documentation; need for calibration of different equipments; separation of different work areas; etc. About 60% of this second category of work has already been completed. The remaining work in this category can comfortably be completed within two months.”

7.329 The above analysis is self-explanatory about the present status of the three vaccine-producing units and establish beyond doubt their manufacturing capacity. The Committee was happy to note that its assessment about the circumstances leading to the closure of the premier vaccine-producing units and urgency for their revival had been emphatically endorsed by the fact-finding Committee appointed by the Ministry. The Committee would have appreciated if the Ministry was more forthcoming while furnishing details regarding the progress made in the manufacturing status and quantum of vaccines produced from February onwards. Mere statement about planned and anticipated schedule of vaccine supply at these units not only fell much below the expectation but also indicated that the Ministry had failed to show any pro-active action so far. The Committee, therefore, once again reiterated that the Ministry had to vigorously monitor the functioning of these units so as to ensure the optimum utilization of their manufacturing capacity. Integrated Vaccine Complex, Chengalpattu

7.330 The Committee pointed out that it had no objection to establishment of well-equipped vaccine manufacturing units meeting international standards in the country. However, that could not be at the cost of our age-old premier units fulfilling the vaccine requirements of the country for the past hundred years or so. The foremost objective before the Committee was to ensure availability of cheap and affordable health care for the infants and children in the country, - in this case availability of vaccines at affordable prices which was being accomplished by these units so far. The Committee pointed out that PII, Coonoor had been issued the ISO 9001:2000 Certificate in February, 2003 which was valid till 2006. Similarly, BCG Vaccine Laboratory, Guindy had obtained a certificate under ISO 9001:2000 in October, 2001 which was extended upto January, 2007. Nobody would deny the fact that ISO certification implies recognition of a high standard of management systems in the establishment. With the limited experience and exposure to implementing health care projects in the country, the Committee had had its own apprehension regarding HLL Lifecare Ltd's ability to give a final shape to the Integrated Vaccine Complex project. The Committee was not aware whether the selection of M/s NNE Pharmaplan had been based on its experience and expertise in the field of setting up of scientific infrastructure as required under the IVC project. The Ministry had chosen to remain silent on the progress made in the first phase of the IVC project which was to take off in January, 2010. From the time-line projected by the Ministry about the completion of this complex, it was anticipated to be completed by December, 207. 7.331 As pointed out by the Committee earlier, vaccine requirements of the country would be mainly met by the private sector at least during this period of three years. This position had been further complicated by the three units remaining shut during the last two years. Not only this, it could not be guaranteed that the proposed Integrated Vaccine Complex would be completed within the prescribed time-limit, specially due to lack of experience/ expertise of the implementing agency, i.e. HLL Lifecare Ltd. The Committee, therefore, was of the firm view that priority should be making the three vaccine-producing units fully functional by restoring their production capacity. Simultaneously, the process of making them GMP compliant might also continue. Besides that, the Committee emphasized once again, that there was a need for review of the ambitious project of Integrated Vaccine Complex. If all the required support of every kind,- be it infrastructure, manpower, technical expertise, modern equipment and machinery was placed at the disposal of all the three units, the requirement of the proposed complex might perhaps not arise. Vaccine-Producing PSUS vis-à-vis Vaccine Policy 7.332 The Committee found that no mention had been made about the proposed move to formulate a vaccine policy which would be the deciding factor about the kind of production to be carried out at the three units. The Committee was given to understand that the Secretary, Department of Health Research had been requested to organize a discussion with all concerned. In the absence of any response from the Ministry in this regard, the Committee could presume that no such discussion had taken place so far. The Committee pointed out that with the Interim Report of the Javed Chowdhary Committee establishing beyond doubt the manufacturing capacity of the three units, their viability i.e. continuing to fulfill the vaccine requirement of the country had already been confirmed. Vaccine policy, as and when formulated, could focus on the policy-related issues and not on which units were to be closed down or to start functioning. (iii) Central Research Institute, Kasauli 7.333 In its 34th and 38th Reports, the Committee had taken serious note of mishandling of a project for creating new facilities at CRI, Kasauli by M/s HSCC, Noida. Following recommendation for initiation of immediate corrective measures including action against the project agency was, accordingly, made by the Committee.

The Committee observed that the reply of the Ministry regarding the action taken against M/s HSCC, Noida for its failure to build a GMP compliant structure at CRI, Kasauli was simply untenable. The Committee also raised serious doubts on the process of awarding the contract to M/s HSCC, Noida. The process of awarding contract for building a GMP complaint structure to an agency which did not have the technical competence to build such a unit itself speaks volumes of a faulty process of selection ab initio. The Committee observed that it seemed that from 1997-98 until December, 2006 – the time when M/s HSCC, Noida expressed its inability in completing the project, monitoring as required was not done by the Ministry to assess the progress of work undertaken by the agency. The Committee also found that the action initiated by the Ministry against M/s HSCC, Noida had been perfunctory in nature. Instead of pursuing the matter vigorously, the Ministry had moved at a snail’s pace which was evident from the fact that action against the company had been initiated only after the matter was reported upon by the Committee in its 34th Report in February 2009, and thereafter also, it took the Ministry more than six months to reach a decision regarding referring the matter to CVC for advice and almost nine months to issue a notice to M/s HSCC. The reasons as to why the matter had remained pending from December, 2006 till date without any substantial action being initiated against the defaulter company simply escaped the Committee's comprehension. The Committee also felt that the tardy pace of action taken so far clearly indicated dilatory tactic on the part of the Ministry. The Committee’s apprehensions in this regard got reinforced from the fact that the records pertaining to this case, which were forwarded to the CVC on 31st August, 2009, were not furnished in the prescribed new reporting format. The Committee was simply not ready to buy the argument that it took more than two months for the CVO of the Ministry to come to know that the communication from the Ministry to CVC was not forwarded as

per the new reporting format. The Committee was constrained to call into question the seriousness of the Ministry to take stringent action against those who were responsible for this mix-up. The Committee, therefore, recommended that the Departmental Inquiry under progress would be completed within a strict time frame and action would be initiated against those responsible without further delay. The Committee would like the Ministry to provide a copy of the enquiry report as well as the follow-up action taken thereon.

7.334 The Committee noted with surprise that the Department had not furnished any information regarding the action taken by the Ministry against M/s HSCC, Noida for breach of agreement nor had furnished any details regarding the action taken against those who were responsible for the mix-up. The Committee expressed its grave concern on the matter and observed that the Ministry had been perfunctorily pursuing the matter. From the information furnished to it during September last year, the Committee was aware that the matter was in the process of being referred to the CVC for further investigation. The Committee was also aware that the CVO of the Ministry had advised that since the case pertained to professional impropriety rather than financial impropriety, the administrative division should process the case for taking administrative action against the officers as deemed fit. However, the absence of any committed action on the part of the Ministry only reinforced the Committee's apprehensions that perhaps the Ministry was not keen to bring this issue of grave impropriety involving huge amount of public funds to a logical conclusion. 7.335 The Committee failed to comprehend the sheer lack of action on the part of the Ministry. It seemed that the observations/ recommendations of a Parliamentary Committee did not evoke any sense of pro-active initiative in the Ministry. Ideal position would have been that the Ministry should have taken all the corrective measures on its own. Considerable time have passed since M/s HSCC, Noida was issued a notice for breach of their agreement and administrative division of the Ministry was advised by its CVO to process the case for taking administrative action against the officers as deemed fit. The very fact that the Ministry had chosen not to come forward with any further report speaks for itself that perhaps it was not keen to pursue the matter. The Committee strongly felt that such an approach of the Ministry was a fit case of a deliberate attempt to ignore the recommendations of a Parliamentary Committee. The Committee, therefore, called upon the Ministry to expedite the required action with final disposal of the case and furnish a status report in this case as soon as the Committee Report was presented to Parliament. 7.336 The latest feedback of the Ministry indicated that the project of CRI, Kasauli becoming GMP compliant was under execution by M/s HLL Lifecare Ltd. which had been directed to take up the work on fast-track mode and was being closely monitored. In the absence of any specific time-bound Action Plan indicated by the Ministry, the Committee was not in a position to assess the progress made so far. The only authentic information available with the Committee was that the Javed Chowdhary Committee had visited the unit from 21st to 23rd November, 2009 and had found that out of the 65 deficiencies pointed out in the NRA Inspection Report, 44 deficiencies had been rectified and in 21 deficiencies, the upgradation work was under way. These remaining deficiencies in the existing line could be rectified in 3 months. After completion of the upgradation of the existing line, fresh production could start in 3 months. The Committee hoped that the full manufacturing capacity of CRI, Kasauli must have been restored by then. 7.337 On the issue of M/s HLL Lifecare Ltd. being engaged as the Project Consultant for making CRI, Kasauli GMP compliant, the Committee had a word of caution. Every conceivable step need to be taken so as to ensure that the very discouraging experience of M/s HSCC, Noida was not repeated once again. Committee’s apprehensions arised from the fact that experience and expertise of HLL Lifecare Ltd. was of the same level as of M/s HSCC, Noida commented upon by the Javed Chowdhary Committee also. (iv) BCG Vaccine Laboratory, Chennai. 7.338 The Committee observed that consequent to submission of the Interim Report of the Javed Chowdhary Committee on the 5th February, the three months’ time, as observed in the above Report, had already passed. The Committee could easily presume that work on a fast track mode had been initiated by the Department as per the assessment in the Interim Report. However, as no concrete information on the progress of work relating to BCGVL, Guindy had been furnished in the ATN, the Committee had no other alternative but to conclude that the rectification exercise - as envisaged to make these units fully functional, had not been completed. The Committee, therefore, apprehended that if such was the case then production of vaccines by the unit was bound to be stalled further. 7.339 The Committee was given to understand that due to non-availability of land for making BCGVL GMP compliant, it was proposed to shift the production work along with the manpower to the upcoming vaccine complex at Chengalpattu. However, from the perusal of the Interim Report of the Javed Chowdhary Committee, it had become abundantly clear that there should not be any problem in building multi-floored structure compliant to international standards at BCGVL, Guindy as there was ample scope for additional construction at the plot of land on which the institute was situated. The additional permissible construction would not merely cover the requirement for the new production line but would also be available for subsequent expansion of the unit. In view of the factual position at the ground level and rectification of all the deficiencies, the only line of action on the part of the Ministry in co-ordination with the Institute authorities was to take all the required measures for restructuring the Institute. The Committee, accordingly, urged the Department to take utmost care and remain vigilant so that the revival of the institute was not trapped in the labyrinths of procedural formalities resulting in undue delays and cost-escalations. The Committee would also appreciate if the proposed move of shifting the Institute along with its manpower to the

Vaccine Complex at Chengalpattu was reviewed objectively and the correct decision taken.

(v) Pasteur Institute of India, Coonoor 7.340 The Committee was deeply disturbed to note that once again the Department had no action taken report to offer. Reasons for such an approach by the Ministry was beyond the comprehension of the Committee. The Committee was forced to conclude that no progress worth mentioning had been made inspite of its very critical observations. Not only this, the Committee found that the Javed Chowdhary Committee, after its inspection of the Institute from 19th to 22nd December, 2009, was of the view that the existing production line could resume operations for fresh production in 6 months. The Committee was not aware whether the requisite funds for the upgradation/ modification work on the existing production line, as recommended by the Javed Chowdhary Committee, had been made available to the Institute so far. If not, the Committee could only conclude that this was a sorry state of affairs. The Committee would also take the opportunity to point out that this very Committee had also given its considered opinion about the viability of setting up a new production line at the Institute due to the availability of enough naturally terraced land, ideal for such a requirement. The Committee desired the Department should play the role of a nodal authority for initiating the preparation of a detailed project report in this regard, if not already done . (vi) Vacancy Position in the Vaccine-Producing Units 7.341 The Committee was somewhat surprised to observe that no response had been forthcoming from the Ministry on such a vital issue. It seemed that Committee’s repeated efforts to draw the attention of the Ministry in this regard during the last two-three years had gone unnoticed. The Ministry had not considered it important enough to initiate any action so far. This was the case when two of the units, i.e. CRI, Kasauli and BCG VL, Guindy were subordinate offices of DGHS while PII, Coonoor was an autonomous body under the Ministry. 7.342 The Committee had no other alternative but to draw the attention of the Ministry to the following recommendations made in the Interim Report of the Javed Chowdhary Committee, constituted by the Ministry itself:

"10.1 For close to a decade then, these three vaccine manufacturing units have been tottering with poor continuity in the tenure of the Directors. A large section of the vacant posts are those that lapsed after remaining vacant for over one year under the economy orders of the Ministry of Finance. The staff in these establishments have been so comprehensively depleted that they do not even retain the critical mass of man-power required to implement a revival programme. The filling up of vacant posts is urgently required. 10.2 The new manufacturing lines, which will be for much larger capacities, will no doubt, require a package of additional posts. In order to kick-start the revival process, the Committee would urge that the creation of new technical posts for the new production lines not be processed in the conventional manner. For this category of posts, the Committee would recommend that the authority to create new technical posts be entrusted to an Empowered Group headed by a reputed scientist-administrator. Only such a modality would ensure that the additional staff required for the new production lines will be approved in reasonable time with well-informed objectivity. For the additional administrative posts for the new production lines, the normal procedure adopted in government would serve the purpose adequately. 10.3 As for the vacant posts linked to the existing production lines, government should consider a ‘single-shot’ revival methodology. These posts have fallen vacant only because there was no one to even plead the case for their continuance to run the units. The processing of these posts through the normal procedure applicable to new posts would take anything up to two years. Any plan of the Ministry to implement the new projects would be critically handicapped as a result of such a large vacancy position. The posts had lapsed because of neglect after all it is no one’s case that the manpower requirement for the existing production line has diminished over time. It is in these circumstances that the Committee makes the unconventional recommendation that Government as a special case (not to be treated as a precedent), revive the vacant posts with immediate effect and to hasten the selection process, contractual appointments should be considered. It is felt that this would go a long way in strengthening the team that will have to implement the new projects."

7.343 The purpose of the Committee for quoting from the Javed Chowdhary Committee Report was only to emphatically impress upon the Ministry to initiate immediate action for making available the required manpower for the existing production lines. Similar exercise was required to be initiated for the new production lines also. The Interim Report was submitted by the Javed Chowdhary Committee on the 5th February, 2010. The Committee would be happy if the sense of urgency for making available the required manpower at the three units reflected in the Report have not escaped the attention of the Ministry and some corrective exercise have already started. The Committee would appreciate if a Status Note in this regard was submitted to it at the earliest.

(vii) Procurement Price of Vaccines 7.344 The Committee noted that the reply of the Department to very specific observations regarding rising prices of vaccines since the closure of three public sector vaccine producing institutes was completely evasive. The Committee sought to make it abundantly clear, even at the cost of being repetitive, that the foremost objective before the Committee was to ensure availability of cheap and affordable vaccines for infants and children in the country. It was for this reason that stabilization of the prices of vaccines in the country was critical and the role of public sector units in ensuring low and stable prices acquires utmost importance. It is an undisputed fact today that since the closure of CRI, Kasauli, BCGVL, Guindy and PII, Coonoor - the three vaccine producing units, the prices of vaccines supplied under UIP have shot up. Committee's analysis of the rising procurement prices of vaccines and observations thereto had been bolstered by similar findings in the Interim Report of the Javed Chowdhary Committee which had pointed out that between the years 2007-08 and 2009-10, the prices of vaccines purchased per vial had increased by 30 per cent (2008-09) and by 59 per cent in 2009-10 on a year-on-year basis over the prices of 2007-08 for BCG, between 25 to 63 per cent for DPT for the same time periods. 7.345 Since it was not clear as to what quantum of vaccines had been procured during 2010-11 from the private sector vis-à-vis the public sector, the Committee apprehended that the prices of vaccines would have increased further over that of the past year. The Department had informed that CRI, Kasauli would be supplying DPT and TT vaccine since April, 2010, and also supply of DPT by PII, Coonoor from December 2010. Under the above circumstances, the cost of supply of the various vaccines by the private sector units which were being supplied earlier by the three vaccine producing public sector units would remain a matter of concern. 7.346 The Committee was in full agreement with the observation of the Javed Chowdhary Committee that by closing down the existing public sector vaccine production units in advance, the country would be exposing itself to vaccine insecurity for five years or possibly, even a much longer period. The Committee, therefore, once again impressed upon the Ministry that keeping in view the public interest at large the three vaccine producing units be made fully functional without any further delay. The Committee foresaw no hindrances in accomplishment of this task due to the very specific and foolproof assessment made by the Javed Chowdhary Committee about the inbuilt capacity of the three premier units. With constant monitoring and availability of required funds and manpower, the Ministry - the nodal authority in this crucial area, could very well succeed in achieving this social responsibility. (viii) Shortage of Vaccines 7.347 The Committee noted that the recommendation of the Committee for assessing the actual requirements of vaccines by different States followed by monitoring of their timely utilization had been acknowledged by the Department for future compliance. However, this alone would not serve the purpose. That the Committee's apprehensions in this regard were not baseless had been proved by the findings of Javed Chowdhary Committee contained in its Interim Report. While analysing the impact of the closure of the three pubic sector vaccine producing units on the UIP, it had been stated that a number of States like Orissa, Bihar, Jharkhand, Madhya Pradesh, Assam, Punjab, West Bengal and Kerala did face shortfall of BCG, DPT, TT, OPV and Measles vaccine during 2008-09. As a result, the Ministry had to draw on the buffer stock available with these States. 7.348 The Committee pointed out that many of the above States that had faced shortages had been placed under the category of High Focus States by the Department of Health and Family Welfare on the basis of their health indicator performance. Hence, shortage of vaccines in these States was bound to have an adverse impact on their immunization programme. In any case, the act of drawing upon buffer stock to mitigate shortfalls could never be termed as a healthy practice. The Committee added that the reason for price spiral of vaccines owed its origin to shortages in its supply at the outset. The Committee, therefore, advised the Department to bear this in mind for all future references relating to making available critical healthcare component such as vaccines/ sera under various national healthcare initiatives. (ix) General Observations 7.349 The Committee was inclined to agree with the inference drawn by the Javed Chowdhary Committee. While inspection per se was a commendable course of action specially to ensure the quality of products related to the life of infants, it was also required to be followed by the requisite corrective measures. In units under Government control, this should become the priority of all concerned. Unfortunately, this did not happen in the case of these three units. Track-record of the last decade was ample proof. The Committee, therefore, strongly felt that review and revamping of our drug regulatory machinery should be taken up at a priority level. 7.350 The Javed Chowdhary Committee had rightfully concluded that it needed to be recognized that the sudden-death approach to the implementation of the GMP standards would serve no public purpose; it would only bring about a crisis, as the operations of a larger portion of the domestic drug sector would come to a halt. The above facts clearly indicated that so far judicious applicability of Drugs and Cosmetics Rules had been lacking. The case of the three public sector units was a classic example of total lack of accountability of all concerned. It is time that a fool-proof mechanism for regulating the manufacturing units of all categories- both in the private and public sector, is evolved. Simultaneously, review of infrastructure and manpower of the drug regulatory body also needs to be taken on a priority basis.

7.351 The Committee was of the firm view that the in-depth analysis of all the critical issues related to the viability and manufacturing capacity of the three premier public sector vaccine producing units clears all the ambiguity, complexities and contradictions involved. The Committee could only say that the administrative Ministry which was the nodal authority for all such policy matters/ as well as objective interpretation of statutory powers simply failed to come up to the rightful expectations. The Committee was not aware of the final report to be given by the Javed Chowdhary Committee by 25th March, 2010. However, since the Interim Report of the Javed Chowdhary Committee given on the 5th February, 2010, sufficient time had passed for the Government to take all the required corrective measures. The Committee believed that follow-up action on the Interim Report and recommendations made by the Committee in its present Report in the real sense will make available the required vaccines - both qualitative and cheap, for the infants. Status Note on the follow-up action taken on the Javed Chaudhary Committee Report as well as the recommendations made in the present Report might be submitted to the Committee at the earliest. f) 44th Report 7.352 The clauses where amendments had been suggested by the Committee or it had been found necessary to comment thereon in view of divergent views of the stakeholders, was discussed in the succeeding paragraphs.

7.353 The Committee was inclined to agree with the contention of the experts relating to tissues. The Committee, therefore, recommended that instead of having a general provision for inclusion of tissues along with human organs in the entire Act, as suggested in Clause 4 of the Bill, specific provisions relating to tissues, keeping in view the characteristics of tissues as distinct from human organs, might be incorporated in the Act.

7.354 After a careful analysis of the opinion of the stakeholders, the Committee was inclined to agree with the view of the medical experts who had shown their reservations against inclusion of more relatives within the ambit of the term “near relative”. The Committee opined that even though there were no dearth of technology like DNA tests etc. to prove a blood relation, yet the same was a very complex and time consuming process. Besides, it also involved moral questions and could not cover adopted relatives. Inclusion of more relatives might also lead to paying to potential donor relative either in cash or through a share in property. Thus, it might indirectly lead to commercialisation of organ donation, thereby defeating the very purpose of the Act. Further, expansion by inclusion of relations from the maternal side was likely to result in their being unnecessarily harassed and being forced to donate organs. 7.355 The Committee was also of the opinion that the purpose of inclusion of relatives under “near relative” was to facilitate the donation of organs by the close relatives to their immediate family members by not making the clearance of Authorisation Committee mandatory in such cases. Nothing stops the ‘other’ relatives not covered under the definition to come forward and donate their organs ‘out of love and affection’ by following the duly prescribed process as laid down in the Act. The Committee, accordingly, recommended that apart from the proposed inclusion of grandparents and grandchildren no further expansion was required in the definition of “near relative”.

7.356 The Committee was inclined to agree with the Department’s view that the issue of specifying various types of tissues could be taken up in the Rules as including them in the Act itself might be a short-sighted approach as with every medical technological innovation in this field, an amendment would be required to be made in the Act. Therefore, the proposed definition of ‘’tissue’’ would serve the purpose.

7.357 The Committee opined that tissue being one of the focal points of the present amendment Bill aiming at giving it a distinctly separate category vis-a-vis an organ, it would be advisable to include the definition of ‘’Tissue Bank’’ under the Act. Accordingly, definition of the term as suggested above might be included in this clause for clarity.

7.358 The Committee felt that appointment of a hospital employee as transplant coordinator would prove to be beneficial for better coordination of all matters relating to removal/transplantation of human organs. The Committee was, however, of the view that a person who was assigned the job of transplant co-ordinator needs to possess all the specialised qualifications for such a crucial responsibility. The Committee, accordingly, recommended that specific rules in this regard under the Act might also be formulated.

7.359 The Committee also recommended to the Department to assign the transplant co-ordinator the task of ‘required request’ which was proposed by the Department to be given to a registered medical practitioner. This task should be specifically spelt out in the definition itself for the purpose of clarity.

7.360 The Committee fully shared the concerns raised by various experts regarding the efficacy of counselling the patient or his near relatives during patient’s stay in ICU. The Committee strongly felt that even if the Department brought clarity by amending the Rules that not all ICU patients would be covered, it would fail to achieve the desired objective. What were required to be ensured was that ‘’trust’’ of a patient or his relatives did not take a beating with the introduction of ‘required request’ concept, that too when the patient was battling for his life. Further, chances were that the conflict of interest might lead to allegations of deliberate medical negligence against the treating doctors.

7.361 The Committee pointed out that required request could prove to be a positive step if taken in the right earnest and judiciously. Keeping in view sheer lack of awareness about organ donation, the Committee was of the view that the task of counselling need not be assigned to the treating doctor not only due to the reservations stated above but also because of the fact that counselling was a professional exercise and the doctor might not be suitable for that task. The Committee recommended that the task of required request and counselling might be assigned to the Transplant Co-ordinator having the required qualifications and professional training for the purpose.

7.362 The Committee recommended that as eyes could easily be harvested even post-death and it was not a time taking exercise, required request procedure in respect of eye donation might be done after death of a patient. 7.363 The Committee observed that although the amendments made it mandatory for the hospital with ICU to inform in writing to the Human Organ Removal Centre for removal, storage or transplantation of human organs or tissues or both, of the donor identified, neither the term 'Human Organ Removal Centre' had been defined nor specific functions assigned to it indicated. The Committee, accordingly, recommended proper definition and functions of such a Centre to be specified in the Act itself. 7.364 The Committee did not find any merit in entrusting the ‘required request’ condition in hospitals with ICUs which were not registered. The Committee opined that it was really out of place to allow a hospital with ICU facilities to remain unregistered. With the Department admitting itself that a condition for registration might be set up during enforcement of the Clinical Establishments (Registration & Regulation) Act, there was no point in keeping Section 3 (1B). The Committee, accordingly, recommended a review of this and provide compulsory registration of all hospitals with ICU facility for the purposes of THOA in order to maintain minimum medical standards.

7.365 The Committee found merit in the suggestion for a qualified and experienced technician handling the removal of corneas and tissues as indicated above. The Committee, accordingly, recommended amendment of proviso to sub-section (4). The Committee sought that the exercise of necessary amendments in the Rules be expedited after the proposed amendments come into effect.

7.366 The Committee found merit in Department’s proposal of substituting the requirement of neurologist or a neurosurgeon, in the event of their non-availability, with a surgeon or a physician and an anaesthetist or intensivist. The Committee opined that there was dearth of neurologists and neurosurgeons in the country and it was not possible to ensure their availability round the clock in the Board of Medical Experts to certify a patient as brain dead. The Committee noted that the Department had tried to take due precaution in the form of providing a condition that the surgeon or a physician and an anaesthetist or intensivist so substituted would not be members of the transplantation team for the concerned recipient. This would, to a great extent, be a safeguard against conflict of interest.

7.367 The Committee, however, found that the proposed proviso did not specify that the surgeon or a physician and an anaesthetist or intensivist would be from an approved panel of the Appropriate Authority. Such an important aspect should be part of the Act itself and could not be left unspecified for being covered in the Rules. The Committee, accordingly, recommended insertion of the words ‘’from a panel already approved by the Appropriate Authority” at the end of the proviso to remove any ambiguity in this regard. The Committee also recommended to the Department to modify the Rules/Act appropriately to keep a larger pool of such experts, duly approved by the Appropriate Authority, in order to ensure that the Board of Medical Experts did not face manpower crunch in its functioning and remains fully operational.

7.368 The Committee was aware that vulnerable sections of the society were falling prey to middlemen and due to poverty, were being exploited to provide their organs to foreigners in the garb of their near relatives. This practice need to be curbed effectively at the earliest. The Committee hoped that this amendment would, to a great extent, help in plugging the loopholes in the Parent Act. The Committee, therefore, welcomed the inclusion of this amendment.

7.369 While not contesting the prolonged process of bringing in amendments in an Act, the Committee was of the view that full protection needed to be provided to the most vulnerable section of the society. Accordingly, exceptional circumstances necessitating organ donation by minor need to be enumerated in the Act itself. The Committee also felt that in order to remove any sort of ambiguity, the definition of ‘’minor’’ needs to be given in the Act itself.

7.370 The Committee also took note of the fact that mentally challenged persons also need similar protection. The Committee, accordingly, recommended that the provision might be extended to mentally challenged people also.

7.371 The Committee inferred that the whole concept of ‘’Swap’’ donation with the approval of the Authorisation Committee would prove to be a boon for millions of patients, who, inspite of having a willing near relative could not have organ transplantation due to biological incompatibility. Due to strict provisions of the Act and with only one other condition laid down for donations, i.e. ‘’out of love and affection’’, such patients were forced to go through a silent death. The Committee also recommended that viability of expanding two donor-recipient pairs might also be explored by the Department. With the proposed

National Registry becoming functional and well-coordinated network both at national and regional level, such an initiative could be carried forward in an effective and transparent manner.

7.372 The Committee was given to understand that in the case of tissues, compatibility was not required. Accordingly, swap donation might be restricted for human organs only. The Committee, however, did not find merit in excluding tissues altogether from the ambit of the swapping provision especially with the advancement in the field of medical science. The Authorisation Committee can well decide on a case-to-case basis whether a particular tissue swapping was justified or not. 7.373 Apprehensions were also voiced about too much involvement of Central Government in deciding the composition of the Authorisation Committees. It was, accordingly, suggested that composition of such Committees should entirely be left to the discretion of States/Union Territories. The Committee pointed out that the States and Union Territories would continue to have the powers for actual constitution of such Committees. Only broad framework and eligibility criteria for members of Authorisation Committees was sought to be prescribed so as to ensure uniformity and high standard of these Committees. 7.374 The Committee fully shared its concerns over the issue of jurisdiction of Authorisation Committees. After careful deliberations, the Committee found merit in giving jurisdictional powers to the Authorisation Committee of a particular State/ District/ Hospital where organ transplantation is being carried out. The Committee, accordingly, recommended to the Department to settle this issue of jurisdiction of Authorisation Committee in the Act itself to remove any sort of ambiguity and confer all such related powers to that Committee of the State/District/Hospital where transplantation is being carried out. 7.375 The Committee was of the view that the purpose of the clause should be to give a broad framework about the composition of the Advisory Committee, with States being entrusted with the responsibility of deciding actual membership thereof. The Committee pointed out that although such a Committee need not be a big body, yet it need to be made more representative. Accordingly, the Committee recommended inclusion of representatives of reputed NGOs working in the field of Organ Donation and Human Rights Groups. The representation of medical experts might also be suitably enhanced to cover experts of more specialties, with the binding condition that they are not members of any transplantation team. 7.376 The Committee was of the view that fully empowered Authorisation Committee would go a long way in curbing the commercialization of process of donation of human organs and also enabling the reach of much-needed organs to the rightful recipients.

7.377 The Committee welcomed the initiative of establishing a National Human Organs and Tissues Removal and Storage Network as also Regional Networks. However, the Committee was of the view that too much control at central level might not prove to be beneficial and result in practical difficulties. The Committee recommended to the Department to establish the Network on the lines of ‘’National Register of Clinical Establishments’’ proposed under the Clinical Establishments (Registration and Regulation) Act along with a replica of the same at State level to be termed as State Human Organs and Tissues Removal and Storage Network. This would facilitate in gathering and dissemination of information from the hospital and district level. For this the Department needed to assign powers to State Governments by replacing the word ‘’Central Government’’ with Central and State Governments’’.

7.378 Similarly, the Committee recommended use of the word ‘shall’ in place of ‘might’ to give it a mandatory structure. The Committee also recommended to the Department to have a thorough study of such Networks set up in States like Maharashtra, Tamil Nadu and Karnataka. Based on the experience of these States, a model framework could be circulated to all the States. Such Networks need to be set up within a definite time-frame. 7.379 The Committee further recommended that all such information related to the Network might be put out on a dedicated website of all the State Health Departments at the State level and the Ministry of Health and Family Welfare at the Central level so that the same was available to the public at large. 7.380 The Committee would also like to recommend to the Department to work out a proposition wherein critical patients (recipients) might be considered on priority basis. It was also suggested that priority of recipient might be given to a patient (intended recipient) of the same Hospital/ District as it was not possible to manage the priority list at State or National level. However, due checks might be incorporated so that such provisions were not subjected to misuse. 7.381 The Committee hoped that by the time the proposed amendments to the Act would come into effect, a feasibility model for the National Network would also be ready to be launched. The Committee would, however, be failing in its duty if a mention about the status of the Organ Retrieval Banking Organisation of AIIMS was not made. The Committee was of the view that ORBO would have stood out as a role model for the proposed National and Regional Network for human organs and tissues. However, on a pertinent query in this regard, the Committee was given to understand, both by the Ministry officials and the Head of ORBO, that due to inherent constraints relating to lack of infrastructure and trained manpower, the Organisation had so far failed to achieve its objective. As a result, its mandate had remained confined to deceased organ donors of AIIMS only.

7.382 The Committee took note of the fact that the purpose behind the proposed amendments was to make ORBO-like organizations grow out of AIIMS and had a nationwide reach. Likewise, a National Programme for Promotion of Organ Donation was also being worked out which would conceptualise a structure that would have a national as well as a state-wise reach so as to facilitate and replicate ORBO-like set-ups. While welcoming all these ambitious plans, which would definitely contribute in extending the reach of needy patients for required organs, the Committee emphasized that every conceivable effort needs to be made to make ORBO fully functional so that it could play the lead role for other similar set-ups. The Committee hoped that as assured by the Secretary, Health and Family Welfare, all the necessary procedural exercise for having the required funds, infrastructure and manpower for ORBO would be completed by the year end. 7.383 The draft guiding principles for Organ Transplantation prepared by WHO inter-alia state that the long-term outcomes of cell, tissue and organ donation and transplantation should be assessed for the living donor as well as the recipient in order to document benefit and harm. The Committee welcomed the proposal of establishing a National Registry and in its opinion it would help in achieving the aforesaid objective.

7.384 The Committee, however, recommended setting up of State Registries, with due powers and duties to States similar to the National Registry as suggested in case of National Human Organs and Tissues Removal and Storage Network above. 7.385 The Committee, accordingly, recommended to the Department to keep a list of intended donors who had pledged their organs for donation after death as well as those who register as patients requiring organ donation. However, due process of verification might be carried out to ascertain the genuineness thereof. he same might also be put out on a dedicated website along with National Registry and National Human Organs and Tissues Removal and Storage Network. 7.386 As recommended by the Committee in previous clauses, the Transplant Co-ordinator might also be entrusted with the duties of ‘’required request’’ as specified under amendment clause 6 (a). However, the Committee felt that the job of the transplant co-ordinator would be more of a counsellor who was trained in dealing with human emotions and sentiments, if he was assigned the duties of carrying out ‘’required request’’ in ICU. Accordingly, it recommended that the prescribed qualification for such a post might include inter-alia qualifications required for a counsellor.

7.387 The Committee was in full agreement with the Department and appreciated its proposal of substantial hike in penalties for violation of various provisions of the Act. The Committee also welcomed the omission of discretionary power of Courts to lower the sentence which did not stand justified in the current times and with a thriving illegal transplantation network throughout India.

7.388 The Committee was also aware that with tissues being included in the Act, the Department needed to be cautious in respect of penalties for tissue removal, storage and transplantation. The Committee was, therefore, inclined to agree with the suggestion put forth by some stakeholders regarding differential penalties for tissues and organs. The Committee concluded that the removal of many of the tissues, unlike in case of human organs, do not offer any threat to human life and even some of the tissues are a discarded medical waste. Therefore, subjecting tissue transplants with the same punishment might be counterproductive and lead to unnecessary harassment of institutions engaged in the usage of tissues. The Committee, accordingly, recommended to the Department to revisit its penalties proposed in Sections 18, 19 and 20 for tissues. 7.389 The Committee was in full agreement with the suggestion of excluding the cost of maintaining the functional state of organs of a deceased person, transportation costs and benefits/costs of award to near relative of deceased person, from the term ‘’payment’’. The Committee, however, was not in favour of placing the same in Rules. As the definition had already covered two exclusions in the Act, there was no point in moving these suggestions to the Rules. The Committee, accordingly, recommended to the Department to amend the definition of ‘’payment’’ suitably in Section 2 of the Act. 7.390 The Committee was aware that certain legal issues covered under various provisions of IPC and CrPC come under the domain of the Ministry of Home Affairs. However, the Committee did not find merit in keeping the term ‘lawfully in possession of the dead body’ ambiguous in the present Act. The Committee found no harm in relevant provisions of IPC/ CrPC being referred to in the Act. The Department could easily work out an appropriate provision in consultation with the Ministry of Home Affairs so that element of ambiguity whatsoever does not remain. The Committee strongly felt that such a provision would prove effective in checking both misinterpretation of the provision as well as misuse thereof. The Committee, accordingly, recommended to the Department to move forward in this regard. 7.391 The Committee had, in preceding paras, suggested that on the lines of the National Registry and National Human Organs and Tissues Removal and Storage Network, a list of intended donors who had pledged their organ for donation as well as those who register as patients requiring organ donation should be maintained after due verification process. If that recommendation is adhered to, then it would be more than enough proof for establishing that a patient has voluntarily offered donation of his organs before his death. In that eventuality, no formal permission of the relative should be mandatory for organ removal. The Authorisation Committee could move in at this point and proceed with all relevant procedural formalities of organ

removal as per the wish of the deceased donor. The Committee, accordingly, recommended to the Department to come up with suitable amendment in the provisions of the Act. 7.392 The Committee was aware that legal issues are involved in case of unclaimed bodies and the same can not be ignored. The Committee also noted that ordinarily a dead body is not useful for organ donation after 48 hours of death unless kept under required medical conditions. The Committee understood that chances of preservation of a dead body lying in prison might not be there. However, situation in hospitals would perhaps be far better. Therefore, keeping in view acute shortage of human organs in the country, a beginning could be made in the case of well-equipped hospitals where unclaimed dead bodies could be kept fit for organ donation. If that was not found viable, the Committee felt that at least tissues could be harvested from unclaimed dead bodies. The Committee, accordingly, recommended that this sensitive issue might be examined, taking care of all types of complexities, and a viable solution arrived at. Other legal issues, like keeping viscera or post-mortem etc. could simultaneously be taken care of as per the directions of the investigating officer and requirements of the case. The identity of the donor could be established with the help of the Authorisation Committee of the hospital where such death had occurred or the nearest hospital to the Police Station where such unclaimed body was reported. The Department needed to work closely with the Ministry of Home Affairs in this regard.

7.393 The Committee fully shared the reasoning that our social set up and the intrinsic values and emotions attached with such a sensitive issue like death of a relative and the subsequent last rites, many a time, results in turning down or withholding the request of organ donation. The Committee also understood that there is a need to cut down the time taken between the post-mortem, organ retrieval, and the subsequent handing over of the body to the relatives for the last rites. The Committee opined that a workable via media of conducting the post-mortem and organ retrieval simultaneously could perhaps be put into place. However, the Committee was aware that to give effect to such a solution, legal provisions might require an amendment. Accordingly, in the best interest of the civil society, the Committee recommended to the Department to approach the Ministry of Home Affairs so as to come out with a proposition where the post-mortem could simultaneously be carried out with the retrieval of the organs so as to minimise the delay in handing over body of the deceased to his relatives.

7.394 The Committee was of the opinion that the whole idea of promotion of cadaveric organ donation would remain on paper if the condition of retrieval of organs only at the registered hospitals was enforced. The fact that the relatives would be hesitant to move the body to a registered hospital due to unnecessary delay, would be a major stumbling block in success of cadaveric donation inspite of willing relatives or pledge of the deceased. The Committee, accordingly, was in full agreement with the argument that unregistered hospitals where the death takes place might be allowed for organ retrieval. However, the organ retrieval should be allowed to be carried out only by the team from a registered hospital after following due process in order to ensure that no irregularities occurred leading to illegal activities. For this, registered hospitals for the purpose could be made co-ordinating units in the area with jurisdiction over other small and unregistered hospitals and nursing homes for the purpose of organ retrieval. This can easily be done once the Clinical Establishments (Registration and Regulation) Act is enforced by suitably inserting a provision in this regard. The Committee, therefore, recommended to the Department to make appropriate amendment in this Section in this regard. 7.395 The Committee also agreed that surgical tissue residues that are routinely discarded might be stored at a tissue bank for subsequent transplantation. A surgery might take place in any nursing home or hospital which was not engaged in organ transplantation and hence might not be registered under the present Act. In order to utilise such tissues, and other forms of tissues which does not require specialised infrastructure, some kind of exemption was required on the lines of eyes and ears in sub-section (2) above. The Committee, accordingly, recommended suitable exemption of tissues in sub-section (2) of this section. However, details of the exempted tissues might be given in the Rules as it might not be practical to exempt all tissues from the purview on account of their specialised procedures of retrieval. 7.396 The Committee was inclined to agree with the arguments put forth before it regarding giving a special treatment/status to tissues here as they differ from the organ, in removal, manner and time of storage and transplantation. However, as the proposed amendments were putting the word ‘’tissues’’ in the Act itself, the Committee did not find any reason why they should be covered just in Rules as stated by the Department. The Committee also found merit in the logic that in case of tissues, only Tissue Banks need to be registered. The Committee, accordingly, recommended to the Department to specify broadly the extent of waiver for registration of institutions engaged in tissues removal, storage and transplantation. However, specific tissues which need specific procedures for removal etc. need to be treated differently and status with regard to them could be taken care of in Rules. 7.397 Keeping in view the ground realities in the country, the Committee was of the view that it was high time that the Department gave some attention to cadaveric donations, also. The Committee had received some very good suggestions to promote organ donation, particularly cadaveric and accordingly it recommended to the Department to incorporate them while coming up with a revised Bill so as to achieve the larger goals of the Act. Some of the viable suggestions are indicated below:

(1) One of the foremost suggestions that came from across the spectrum of stakeholders was creating opportunities for the public at large to exercise the option of donation of organs through various means. The Committee found the idea very healthy and sound as otherwise it was not feasible and practical to enforce ‘’presumed consent’’ in our multi-

cultural society. Taking into account various suggestions, the Committee recommended to the Department to make it mandatory for the citizens of the country to exercise this option during the ongoing exercise of preparing Biometric National ID Card and data registry. This way, it would help in making available a secure data as regards to consent of the donor which could easily be used in case of death. With the passage of time, the Committee hoped that the lost opportunity of potential cadaver donation due to 48 hour mandatory period in case of unclaimed bodies could also be taken care of.

Another viable option could be exercising the option of organ donation while applying for driving license. The Committee was of the view that this initiative could easily be taken in coordination with the concerned Ministries. Similarly, all persons while filing their annual income tax returns and paying their property tax could indicate their option for organ donation. Again, the Department would need to coordinate with the concerned Ministries in this regard. Similar initiative could be taken with regard to CGHS and other medical facility cards. All the data so collected by the above sources could be utilised to update the proposed donor list, as recommended by the Committee on the lines of National Registry, on regular basis. (2) The Committee also took note of the fact that the Department in co-ordination with many State Governments was in the process of setting up of trauma centres on highways across the country. These trauma centres, which receive large number of brain dead accident victims, might easily be utilised as centres of organ retrieval after following the due process under the Act.

(3) The Committee noted that organ donation was directly related to IEC campaigns. The Committee found that the citizens of the country lack basic knowledge about organ donation and even educated people did not know how they could donate their organs. Therefore, the Committee recommended to the Department to undertake an intensive publicity drive through IEC activities like pamphlets, advertisements in mass media, small documentaries on TV channels and radio etc in close co-ordination with the State Governments.

(4) In order to promote organ donation, the children and youth of the nation need to be made aware about the issues related with it from the beginning. Therefore, the Department in consultation with the Ministry of Human Resource Development could start compulsory educational material in the curriculum of schools and universities.

(5) In order to promote organ donation, families of cadaveric donors need to be given due recognition. Therefore, all the State Governments might be advised to organise such programmes to facilitate the families of organ donors. Similarly all live donors need to be facilitated by respective State Governments.

(6) The Department should frame a policy to provide free medical facilities to all live donors who donate their organs to unrelated patients.

(7) The Department should try to provide necessary infrastructure so as to ensure that there was at least one registered hospital for the purpose of retrieval, storage and transplantation within say 50-75 Kms. radius in the country.

(8) A National Organ Donation Day might be declared. This would help in generating awareness among people about organ donation. Special functions and camps might be organised to celebrate the day.

(9) In order to generate awareness about organ donation and solve queries of general public in this regard, the Department could also start a national toll free telephone helpline on the pattern of other help lines already functioning like for children and women harassment.

g) 45th Report 7.398 The Committee was of the opinion that Chittorgarh, Tamilnadu and Bihar models were worth emulating across the country as they had the potential to make drug-access easier on the pocket of the people and thus save precious human lives.

7.399 The Committee recommended that the Department of Health and Family Welfare, in coordination with the Department of Pharmaceuticals, should convene a meeting of Chief Secretaries of State Governments for the purpose of formulating an effective ‘essential drug supply’ policy, having the components of (a) generic prescribing, (b) adoption of essential drugs list, (c) standard treatment guidelines, (d) drug procurement by open tender system, (e) distribution of low cost drugs through

Government drugs stores and (f) demand generation of generics through public awareness. The Committee desired to be kept apprised of the action taken in this regard.

7.400 The Committee was also informed that for making available medicines at affordable prices, a campaign, ‘Jan Aushadhi’ had been launched by the Department of Pharmaceuticals, to sell quality generic medicines. As of now, 46 Jan Aushadhi Stores had been opened across the country. The Committee, however, felt that in a country of 110 crores plus people, even hundreds of Jan Aushadhi stores were unlikely to make a significant dent. Therefore proactive intervention by State Governments down to District levels was required to help the people to procure life saving medicines at affordable prices. 7.401 The Committee noted that apart from NPPA and DCGI, import and export policies of drugs were looked after by the Ministry of Commerce, fiscal matters by the Ministry of Finance and the policy effects on small scale pharma units was dealt with by the Ministry of Small and Medium Enterprises (MSME). At present, NPPA had no jurisdiction over the pricing of new patented medicines with the result that they were being sold at exorbitant prices, many of them by importers. The Committee urged the Government to address this issue without any further delay. 7.402 The Committee, took note of the lack of any inter-Ministerial mechanism for checking such corrupt practices, took up the matter with the Department of Health and Family Welfare and Department of Pharmaceuticals in February, 2010. The Committee was happy to note that subsequently a High Powered Inter- Ministerial Coordination Committee with the following composition had been constituted:

1. Secretary (Pharma) Chairman 2. Chairman, NPPA Member 3. Drug Controller General, India Member 4. Secretary (Health & Family Welfare) Member

or Joint Secretary level representative 5. Secretary (MSME) or Joint Secretary Member Level representative 6. Joint Secretary (Pharma) in charge Member

of NPPA

7.403 The Committee welcomed the initiative in this regard and sincerely hoped that the constitution of the Inter-Ministerial Coordination Committee would not only ensure availability of drugs at fair prices but also result in better coordination between the office of DCGI and the NPPA. The Committee desired to be kept apprised of the findings of the Inter-Ministerial Coordination Committee and the action taken thereon after conclusion of the consultation in this regard. 7.404 Since all drugs whether branded, generic or branded generic, manufactured and/or imported for sale and distribution in the country, was required to conform to the same quality parameters listed in the Drugs and Cosmetics Rules, the Committee would like the Inter-Ministerial Coordination Committee (IMCC) to give wide publicity to this fact, so that the apprehensions of general public fueled and fanned by interested quarters about generic drugs not being of good quality could be dispelled.

7.405 The Committee was shocked to note that despite there being irrefutable evidence of a strong link between high prices of medicines and poverty as also despite the fact that the Eleventh Five Year Plan’s one of the avowed objectives was to include all essential drugs under a system of price regulation, the number of drugs under price control still remained at a pathetic 74. The Committee was not aware of the reasons behind reducing the number of drugs under price control and, therefore, sought to be enlightened about the reasons behind restricting the controlled drugs to a mere 74. Prescription of irrational and useless drugs by many of the doctors with ulterior motives was rampant. The Committee was, therefore, convinced that there were no other alternative but to include more essential and life saving drugs under price regulation. 7.406 The Committee simultaneously recommended that the Department of Health and Family Welfare took up the matter with the Department of Pharmaceuticals at the highest level with a view to revisiting the issue of inclusion of drugs in the DPCO and making it more rational and patient-friendly. The Committee sought to be kept informed of the action taken in this regard. 7.407 The Committee also noted that despite there being a code of ethics in the Indian Medical Council Rules introduced in December 2009 forbidding doctors from accepting any gift, hospitality, trips to foreign and domestic destinations etc from healthcare industry, there was no let-up in this evil practice and the pharma companies continued to sponsor foreign trips of many doctors and showered with high value gifts like air conditioners, cars, music systems, gold chains etc. to obliging prescribers who then prescribed costlier drugs as quid pro quo. Ultimately all these expenses get added up to the cost of drugs. The Committee’s attention was drawn to a news item in Times of India dated July 1, 2010 by Reema Nagarajan giving specific instances of violations of MCI code. The Committee called upon the Government to take strict and speedy action on such violations. Since MCI had no jurisdiction over drug companies, the Government should take parallel action through DCGI and the Income Tax Department to penalize those companies that violate MCI rules by cancelling drug manufacturing licences and/or disallowing expenses on unethical activities.

7.408 One of the suggestions put forth before the Committee was to make it mandatory for all doctors to write all prescriptions in generic names only. However, the Committee felt that going for a “generic only” prescription policy had its flip side. Even if the doctor prescribes a drug by generic name, the chemist would be free to dispense any equivalent. Thus the power would shift from doctors to the chemists. The pharma companies would unethically start wooing the chemists instead of doctors. This would be worse than current situation. If the patient did not get any relief, doctor would blame the chemist. Moreover while the doctor had some interest in the continued patronage from the patients, chemists could not care less. For them profits would be the only criteria of selling medicines.

7.409 The Committee was aware that in its bid to help bring down healthcare costs the Union Health Ministry had recently issued directions to doctors in the Central Government-run hospitals to prescribe only generic drugs as far as possible and not branded drugs. In order to eliminate middlemen (C&F agents, distributors, wholesalers, retailers) the Committee recommended that the Governments, both at the Centre and the States procured generic drugs in bulk from manufacturers and dispense them directly to patients, through its health centres. 7.410 One option put forth before the Committee for making available affordable medicines was to cap the profit margin of all medicines irrespective of whether they were under DPCO or not. This step would do away with the need of monitoring prescriptions, identifying the manufacturers supplying low-priced medicines and without any need to prefer generic over branded products. If fixation of MRP was done by NPPA based on a fair, transparent system keeping interests of all stake holders in mind, nearly all issues on pricing would get resolved. This system was already in vogue in many other fields such as electricity rates, bus and taxi fares, interest rates, insurance premium just to mention a few. Lastly, with the floating of an open tender in the market, all drug manufacturers/stockiest would come forward with the offer of lowest possible rates. 7.411 The Committee was aware that a legal framework was available by way of Essential Commodities Act 1956 under which the Government could put a cap on profitability. The Committee had also been informed that in the original Drug Price Control Order, there was a proposal that in addition to price control on individual drugs, there should be a cap on the overall profitability of the drug manufacturers. The objective was to discourage manufacturers to shift from Price-Controlled (less profitable) to uncontrolled (hugely profitable) medicines. The proposal was, however, never implemented. Taking into account all the above facts, the Committee, recommended that the Department of Health and Family Welfare in coordination with the Department of Pharmaceuticals immediately move the Inter-Ministerial Coordination Committee and initiate a process of examining the issue of putting a blanket cap on profit margins of all medicines across board. The Committee desired to be kept apprised of the action taken in this regard. 7.412 The Committee was, however, of the considered view that given the current ground realities in the country where more than 80 per cent population was dependent on private medical care and nearly 45 crore people live below the poverty line, the most effective and direct approach would be to put a blanket cap on profit margins of all medicines across the board. Medicines were the only item where the decision to buy was not taken by the purchaser but by a third party i.e., doctor. Therefore, if prescribers and producers join hands and take advantage of a patient’s helplessness, only state can stop them.

7.413 Another pertinent issue that attracted the attention of the Committee was a news-item dated 31st May, 2010 published in the Hindustan Times which highlights the following issues:

- 61 drugs worth over $ 80 billion are going off patent of the US Patent and Trademark Office between 2011 and 2013 making it possible for domestic pharma companies in India to produce cheaper versions of off-patent drugs.

However, promoters of some of the Indian pharma companies like Piramal Healthcare, Ranbaxy, Shanta Biotech and Dabur Pharma had already sold their controlling shares to US, Japanese and German MNCs. Many other drug manufacturers were reportedly interested in similar disinvestment. These developments would result in MNCs gaining market supremacy and essential medicines was bound to become costlier. The Committee would appreciate if the Ministry of Health and Family Welfare took up this issue with the Ministry of Chemicals and Fertilizers without any delay to come up with policy options to ensure that major Indian pharma companies remain in Indian hands. h) 46th Report 2.414 The Committee was of the view that unless these issues were dealt with in detail, it would leave a 7lot of scope for ambiguity. Broadly speaking, the Committee had no objection to the amendments proposed to be made in the Act. The Committee pointed out that extra efforts would need to be made by the Department so as to ensure that these amendments were expeditiously implemented also. 7.415 From the forgoing paras, the Committee could only conclude that there were more than one issue that were interlinked to the actual representation of Sowa-Rigpa practitioners and teachers in the Central Council of Indian Medicine as envisaged in section 3 of the Act. The Committee observed that as per the provisions laid down in the First Schedule of the Act, the number of seats allocated in the Central Council to each of the systems of medicine in each State depends on the number of practitioners of that system enrolled in the State Register of Indian Systems of Medicine of the respective State. The lack of proper records

regarding the number of Amchis – both traditionally trained and those who were institutionally trained, functioning in the States of Sikkim, Arunachal Pradesh, West Bengal, Himachal Pradesh and J & K, gave rise to ambiguity in determining the allocation of seats vis a vis the other systems of medicine in the Central Council under the IMCC Act. The problem was compounded by the fact that the number of Amchis in the States of Sikkim and Arunachal Pradesh (30 each), West Bengal (50) and Uttar Pradesh (40) was way behind the mandatory requirement of 100 persons as per the provision of the First Schedule, for being enrolled on a State Register of Indian Medicine for getting a seat allocated in the Central Council. Not only this, as many as 350 Sowa-Rigpa practitioners belonging to the Tibetan Community were living in Tibetan settlements in different parts of the country. Keeping in view the ground realties, the Committee pointed out that as of now Amchi practitioners from J&K and Himachal Pradesh only would be eligible to become members of the Central Council, subject to their being registered in the State Registers of these two States. 7.416 Another very pertinent issue related to the above was the fact that there was a co-existence of Amchis carrying formal degrees like BTMS as well as those who were trained traditionally through the lineage system. The situation was more worrisome in the face of the fact that the number of Amchis traditionally trained was much higher than the number of those who were having a formal BTMS degree. The Committee observed that given such a situation, it would be highly difficult to get the traditionally trained Amchis who do not carry any formal degree to be registered in State Registers of Indian Medicine in any of the States. Under these circumstances, not only proper maintenance of State Registers would become a challenge, representation of Sowa-Rigpa practitioners in the Council under this category would also remain an uphill task. 7.417 The Committee was constrained to observe that the second category of members i.e. those elected from the Faculty/Department of a University imparting Sowa-Rigpa education would remain on paper simply because as on date there were no such University. The Committee pointed out that the Central University of Tibetan Studies at Sarnath had been notified as a “Deemed to be University” w.e.f. 5th April, 1988. Further, the National Assessment and Accreditation Council, an autonomous body established by the UGC had assessed the University in December, 2000 and accredited the University with 5 stars, the highest grading for quality assurance. It has a Department of Sowa-Rigpa since 1993 imparting pre-university course (4 years), BTMS and MD/MS. The Committee strongly felt that the issue of representation from this University in the Council needs to be examined and if feasible, necessary modification in the Act might be carried out. 7.418 The Committee also noted that until the members to Council are elected, as per the provisions of the Act and rules made thereunder, the only logical sequence to provide representation of members from Sowa-Rigpa system in the Central Council would be through nomination of members by the Central Government. Since the Government had neither specified any time-lines for making the State Registers functional as well as updating them through enrollment of Sowa-Rigpa practitioners nor for having representatives from Sowa-Rigpa from Universities as required under sub-section (b) of Section 3, the Committee felt that the representatives of Sowa-Rigpa system would have to keep getting nominated till such time as the above conditions were fulfilled. The Committee could only conclude that against such a background, chances of things falling into place in the near future seem to be very dim. 7.419 Unable to reconcile itself with the fact that the Bill was silent regarding provisions to accommodate the above shortcomings, the Committee apprehended that lack of clarity in this regard might lead to the election of members to the Council getting unduly delayed. The Committee felt that the Bill itself must provide a specific timeframe within which a democratic setup, through elections as per provision of the Act, is put in place. Clause 4 7.420 The Committee recommended that with the addition of Sowa-Rigpa system, number of members of the Council also needed to be increased from three to four. 7.421 The Committee adopted the remaining Clauses of the Bill without any amendments. Consequential changes, wherever necessary, should be made to the Indian Medicine Central Council Act, 1970. General Issues 7.422 A very important and inter-related issue pertained to the regulation of educational system of Sowa-Rigpa, its practitioners, formal clinics and professional training centres. 7.423 The Committee was happy to note that a traditional system like Sowa Rigpa had been adapting itself to the needs of the changing times. With the introduction of curricula similar to the contemporary medical sciences, the system would gain in popularity. 7.424 Notwithstanding the above, the Committee noted with concern that the number of Amchis traditionally trained were more than the number of those seeking formal modern degrees such as BTMS. As per the information provided by the National Research Institute for Sowa-Rigpa, Leh, about 350 institutionally trained Sowa-Rigpa practitioners were available in the country

but no state-wise break-up was available at present. Further, the percentage of Amchis trained traditionally in the country were not available. The Committee was of the firm view that there was an urgent need for a survey for assessing the exact number of traditional Sowa-Rigpa practitioners and professionally trained practitioners (state-wise). This was all the more required in view of the process of legal recognition of Sowa-Rigpa system having been initiated by the Department. The Committee also observed that mainstreaming the present traditionally trained Amchis would be difficult as there would be a scope for regional variations in the training of traditional Amchis. Hence, the Committee felt that a duly prescribed procedure taking care of all the loopholes for giving recognition to traditionally trained Amchis was required to be evolved on an urgent basis. The Committee sought that a pro-active role be played by the Department in this regard. 7.425 While appreciating the rich background of this traditional system of medicine, the Committee pointed out that with statutory recognition being granted, the need for having a uniform standard syllabus for different courses, duly certified and recognized by the appropriate authority, would also arise. At present, it was unclear whether the course curriculum presently followed by the institutes providing formal degrees in Tibetan Medicine had been examined by the Department to be sufficiently satisfying the legal needs for recognizing these courses within the country as well as abroad. The Committee, therefore, observed that an Expert Committee might be set up to examine the course curriculum of those institutes imparting formal and higher degrees in Tibetan Medicine before including them under the Second Schedule. The Committee strongly recommended that every effort should be made for implementing the same within a specified time-frame. 7.426 The Committee opined that the regulation of Amchis, clinics and professional training centres, the education system etc. were highly essential for the future development of this system by providing a proper legal platform from where the system could build itself into a fully developed one, on the lines of Ayurveda, Siddha and Unani. The Committee, however, had a word of caution for the Department. Soon after the system acquires legal recognition, there is every likelihood that the number of Amchis as well as the Drug manufacturing units would increase. Unless rules and regulations were enforced strictly, there would be ample scope for mushrooming of quackery and illegal drug manufacturing units. Hence, the Department had to adopt a cautious approach while formulating the rules and regulations for the system. On the one hand, it had to adopt a liberal approach to encourage the Sowa-Rigpa system to grow further while on the other it had also to see that illegal entities do not thrive. 7.427 The Committee noted that since the number of drug manufacturing units was less than 20 and their scale of production was very small, maintaining the quality might not be much of a problem. However, the expansion of the Sowa-Rigpa system and entry of larger producers into the arena would change the entire scenario. 7.428 Another important issue that the Committee mentioned was regarding the composition the Sowa Rigpa drugs and formulations and their labelling. It would not be out of context to mention here that in the recent past some of the AYUSH drugs were banned in few countries abroad citing usage of heavy metals therein beyond their approved levels. Since the medicines were based on time-tested formulation from treatises of AYUSH systems, the matter was cleared up later with the respective countries after demonstrating the efficacy and safety of the drugs. Since most of the preparations under the Sowa Rigpa system was based on canonical treatises akin to Indian Systems of Medicines, the composition of some of the medicines might involve the use of heavy metals such as mercury, arsenic etc. The Committee observed that since the Bill proposed to bring the Sowa Rigpa system from the informal to the formal sector, it was imperative that, in this era of science, the ingredients of the Sowa Rigpa should be properly tested in a transparent manner. It therefore, suggested that keeping in view the past experience regarding AYUSH drugs, the composition and labelling of the Sowa Rigpa medicines be made mandatory. The Committee observed that keeping in view the distinct nature and functionality of Amchi medicines, the same should be defined separately with specific provisions for their regulation, surveillance and monitoring under the scope of the Drugs and Cosmetics Act and Rules on the pattern of other Ayurveda, Siddha and Unani drugs (AS&U) from the outset. The Committee, therefore, recommended that suitable modifications might be made to the Drugs and Cosmetics Act and Rules to give effect to the above. 7.429 The Committee was all for scientific validation of the Sowa Rigpa medicines and the initiatives of collaborative research undertaken by the Tibetan Medical Institute, Dharamsala. However, the Committee suggested that the Department of AYUSH should determine the veracity of such researches before they were opened for public use. i) 47th Report

7.430 The Committee stood by its observation that a period of one year should have been sufficient for exercising of option by the employees as to whether they wanted to remain as employees of JIPMER or to continue as employees of Central Government. The Committee found that the apprehensions of the employees regarding the pensionary benefits as well as other conditions of service were adequately covered under Regulations 41 and 43 of the JIPMER, Puducherry Regulations, 2008 as notified on the 4th August 2008 in the Gazette of India. With regulations also being notified as early as on the 4th August 2008, within a very short span of 20 days after the enactment of the Act, the Committee failed to comprehend the reasons for the element of indecision persisting for such a long time. The Committee observed that if the Ministry had been explicit in providing this information to the employees at the outset along with Institute authorities playing a pro-active role, it would have been a different story today.

7.431 Another area of concern for the Committee was the inordinate delay in getting such a simple amendment proposal cleared from the Ministry of Law. It speaks volumes of the laid back manner in which the entire matter was dealt with by the nodal Ministry and was indicative of lack of proper inter-ministerial coordination. Not only this, the Committee was constrained to observe that with 1986 employees out of a total of 2140 employees of the Institute continuing to remain undecided, functioning of the Institute must also be somewhat adversely affected. 7.432 The Committee mentioned here that it had been three years since the Committee had presented its report on the JIPMER, Puducherry Bill, 2007 to the Parliament. The recommendation of the Committee relating to incorporation of provision in the Act relating to CAT as the appellate authority should had been settled with the Department of Personnel and Training much earlier. During evidence at its meeting held on the 27th September 2010, the representatives of the Department had informed the Committee that the issue relating to CAT had been cleared. However, the notification regarding the same was yet to come out. The Committee safely concluded from the above that the issues had been cleared only recently. The Committee was of the view that the notification regarding the CAT as appellate authority for JIPMER employees needs to be published at the earliest so as to bring more clarity in the matter and dispel any further doubts of the employees. 7.433 The Committee, after analyzing the entire gamut of the issues surrounding the proposed amendment and taking into account the welfare of the employees and the public interest at large and also given the acute shortage of trained skilled and experienced healthcare personnel in government hospitals across the country, approved the amendment to extend the time-period from “one year” to “two and one-half years”, as proposed in the Bill.

ANNEXURE-VIII (See para 7.6)

Details of the sittings of the Committee on Health and Family Welfare during the year 2010.

Duration Sl. No.

Date of Meeting Hrs Mins.

Subject

1 2 3 4

1. 17.02.2010

1.45 (i) The Committee heard the Secretary and other officers of Department of Health and Family Welfare on the Transplantation of Human Organs (Amendment) Bill, 2009.

(ii) The Committee also took stock of the progress made towards implementation of its recommendations as contained in its 38th Report on the ‘Major issues concerning the three vaccine producing PSUs namely, the Central Research Institute (CRI), Kasauli, the Pasteur Institute of India (PII), Coonoor, and the BCG Vaccine Laboratory (BCGVL), Chennai’.

2. 23.03.2010 5.50 The Committee heard the Secretaries of the Departments of the Health and Family Welfare (Health Sector) and AYUSH in connection with the examination of Demands for Grants (2010-11).

3. 6.04.2010

5. 15 The Committee heard the Secretaries of Departments of Health and Family Welfare (NRHM Sector), Health Research and AIDS Control in connection with the examination of Demands for Grants (2010-11) of the Ministry of Health and Family Welfare.

4. 26.04.2010 0.50 (i) The Committee considered its draft 39th, 40th, 41st and 42nd Reports on Demands for Grants (2010-11) pertaining to Departments of Health and Family Welfare, AYUSH, Health

Research and AIDS Control, respectively, and adopted the same. (ii) The Committee also decided to take up the issue regarding functioning of the MCI including various educational reforms introduced by the Council; and (iii) The Committee decided to examine the therapeutic efficacy and effectiveness of generic, generic branded and branded medicines, their prescription by Government doctors and hospitals.

5. 20.05.2010

5. 50

(i) The Committee heard the experts on the Transplantation of Human Organs (Amendment) Bill, 2009; (ii) The Committee also heard Dr.Samit Sharma, District Magistrate, Nagaur, Rajasthan on ‘Issues relating to availability of generic, generic-branded and branded medicines, their formulation and therapeutic efficacy and effectiveness’; and (iii) The Committee heard the representatives of Department of Health and Family Welfare and MCI on the functioning of Medical Council (MCI) of India including various educational reforms introduced by the Council.

1 2 3 4 6.

9.06.2010

2. 25

(i) The Committee heard the experts on the Transplantation of Human Organs ( Amendment) Bill, 2009 ; and (ii)The Committee also heard the Secretary, Department of AYUSH on the Indian Medicine Central Council (Amendment) Bill-2010.

7. 10.06.2010 2.20 (i) The Committee heard Dr. S.K. Sarin, Chairperson, Board of Governors, MCI and the Secretary, Department of Health and Family Welfare on the role of Governors, MCI; and (ii) The Committee also heard the Secretary, Department of Health and Family Welfare and Drug Controller General of India on ‘Issues relating to availability of generic, generic-branded and branded medicines, their formulation and therapeutic efficacy and effectiveness.’

8. 6.07.2010 1.00 (i) The Committee considered clause-by-clause statement on the Transplantation of Human Organs (Amendment) Bill, 2009; and (ii) The Committee also considered its draft 43rd Report on the Action Taken by the Department of Health and Family Welfare on the Committee contained in its 38th Report on ‘Major issues concerning, the three vaccine producing PSUs, namely, the Central Research Institute (CRI), Kasauli, the Pasteur Institute of India (PII), Coonoor, and the BCG Vaccine Laboratory (BCGVL), Chennai’.

9. 21.07.2010 1.15 (i) The Committee heard the experts on the various aspects of the Indian Medicine Central Council (Amendment) Bill, 2010; and (ii) The Committee also considered its draft 44th and 45th Reports on (a) the ‘Transplantation of Human Organs (Amendment) Bill, 2009’; and (b) the ‘‘Issues relating to availability of generic, generic-branded and branded medicines,

their formulation and therapeutic efficacy and effectiveness” and adopted the same.

10. 9.08.2010 0.35 (i) The Committee discussed the issues pertaining to approval procedures – annual inspections of Ayurvedic colleges viz-à-viz Allopathic colleges and directed to call for updated status note from the Department of AYUSH; and (ii) The Committee also considered its draft 46th Report on the Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry (Amendment) Bill, 2010 and adopted the same.

11. 19.08.2010 0.40 The Committee reviewed the work done by it during 2009-2010.

12. 20.09.2010 1.30 The Committee discussed its future course of action.

1 2 3 4

13.

27.09.2010

0.45

(i) The Committee decided to take up subjects- (a) Functioning of the Central Drugs Standard Control Organisation (CDSCO); (b) Functioning of Central Government Health Scheme (CGHS); and (c) Implementation status of NRHM in North Eastern States. (ii) The Committee also heard the Secretary and other officers of the Ministry of Health and Family Welfare and the Director, JIPMER on the Jawaharlal Institute of Post-Graduate Medical Education and Research, (JIPMER) Puducherry (Amendment) Bill-2010

14. 4.10.2010 2. 25 (i) The Committee heard the Director General of Health Services, Additional Secretary & Director General (CGHS) and Drug Controller General of India on the functioning of Central Drugs Standard Control Organisation (CDSCO); and (ii) The Committee also heard the Director General of Health Services and Additional Secretary & DG (CGHS) on the functioning of Central Government Health Scheme (CGHS).

15. 15.10.2010 1.10 (i) The Committee considered its draft 47th Report on the Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry (Amendment) Bill, 2010 and adopted the same; and

16. 10.10.2010 0.45 The Committee considered its draft 48th and 49th Reports on Action Taken Notes (ATNs) furnished by the Departments of Health Research and AIDS Control, respectively, on the Recommendations/Observations as contained in its 41st and 42nd Reports on Demands for Grants (2010-11) of the respective Departments and adopted the same;

CHAPTER-VIII COMMITTEE ON HOME AFFAIRS


COMMITTEE ON HOME AFFAIRS (Constituted on the 31st August, 2009)

RAJYA SABHA

1. *Shri M. Venkaiah Naidu - Chairman 2. $Dr. N. Janardhana Reddy 3. Shri Rishang Keishing 4. Shri S.S. Ahluwalia 5. Shri Prasanta Chatterjee 6. %Shri Janeshwar Mishra 7. Shri Brijesh Pathak 8. Dr. V. Maitreyan 9. ^Shri Tariq Anwar 10. Shri D. Raja _______________________ *re-nominated as a member and Chairman of the Committee w.e.f. 22 July 2010 consequent upon his re-election to the Rajya Sabha on the expiry of term of Membership in Rajya Sabha w.e.f. 30.06.2010. $Position fell vacant arose due to the expiry of term of Membership of Dr. N. Janardhana Reddy, Member, Rajya Sabha w.e.f. 21.06.2010. % Position fell vacant due to the demise of Shri Janeshwar Mishra, Member, Rajya Sabha on 22nd January 2010. ^ Position fell vacant due to the expiry of term of Membership of Shri Taqiq Anwar, Member, Rajya Sabha w.e.f. 4.7.2010 LOK SABHA 11. Shri L.K. Advani 12. Dr. Rattan Singh Ajnala 13. Dr. Kakoli Ghosh Dastidar 14. Shri Ramen Deka 15. Shri Mohd. Asrarul Haque 16. Shri Naveen Jindal 17. Shri Jitender Singh Malik (Sonepat)

18. Shri Lalubhai Babubhai Patel 19. Shri Natubhai Gomanbhai Patel 20. Shri L. Rajagopal 21. Shri Nilesh Narayan Rane 22. Shri Bishnu Pada Ray 23. Shri A. Sampath 24. Shri Hamdullah Sayeed 25. Dr. Raghuvansh Prasad Singh 26. Shri Ravneet Singh 27. Shrimati Seema Upadhyay 28. Shri Harsh Vardhan 29. Shri Bhausaheb Rajaram Wakchaure 30. 1Shri Neeraj Shekhar 31. Shri Dinesh Chandra Yadav


COMMITTEE ON HOME AFFAIRS (Re-constituted on. the 31st August, 2010)

RAJYA SABHA

1. Shri M. Venkaiah Naidu - Chairman 2. Shri Rishang Keishing 3. Dr. N. Janardhana Reddy 4. Shri S.S. Ahluwalia 5. Shri Naresh Chandra Agrawal 6. Shri Prasanta Chatterjee 7. ƒShri Javed Akhtar 8. Shri Tariq Anwar 9. Dr. V. Maitreyan 10. Shri D. Raja LOK SABHA 11. Shri L.K. Advani 12. Dr. Rattan Singh Ajnala 13. Dr. Kakoli Ghosh Dastidar 14. Shri Ramen Deka 15. Shri L. Raja Gopal 16. Shri Mohd. Maulana Asrarul Haque 17. Shri Naveen Jindal 18. Shri Jitender Singh Malik (Sonepat) 19. Shri Lalubhai Babubhai Patel 20. Shri Natubhai Gomanbhai Patel 21. Dr. Nilesh N. Rane 22. Shri Bishnu Pada Ray 23. Adv. A. Sampath 24. Shri Hamdullah Sayeed 25. Shri Neeraj Shekhar 26. Dr. Raghuvansh Prasad Singh 27. Shri Ravneet Singh 28. Shrimati Seema Upadhyay

1 Shri Neeraj Shekhar nominated w.e.f. 14 October 2009 vice Shri Akhilesh Yadav, who was nominated to the Committee on Science and Technology, Environment and Forest. ƒ Shri Javed Akhtar nominated w.e.f. 21 September 2010 vice Shri Tiruchi Siva, who resigned from the Membership of the DRSC on Home Affairs w.e.f. the 13th September, 2010.

29. Shri Harsh Vardhan 30. Shri Bhausaheb Rajaram Wakchaure 31. Shri Dinesh Chandra Yadav II. Subjects selected for examination 8.3 The Committee on Home Affairs had selected the following subjects for examination during the year:-

Sl. No. Ministry/Department Subject 1. Ministry of Home Affairs Administration of UT of Lawshadweep,

Andaman & Nicobar Islands, Dadra & Nagar Haveli and Daman and Diu.

8.4 In addition to the above subjects, Hon’ble Chairman, Rajya Sabha also referred the following Bills to the Committee for examination and report:- Sl.No. Date of reference

Name of the Bill 1. 5 April 2010 The Code of Criminal Procedure (Amendment) Bill, 2010 2. 20 August 2010 The New Delhi Municipal Council (Amendment) Bill, 2010 3. 1 September 2010 The Arms (Amendment) Bill, 2010 4. 15 September 2010 The Repatriation of Prisoners (Amendment) Bill, 2010 5. 30 December 2010 The Enemy Property (Amendment & Validation) Second Bill, 2010

8.5 Besides the above Bill, the Committee (2009-10) had also inherited the following Bills referred to it in 2009: Sl.No. Date of reference

Name of the Bill 1. 14.9.2009 ♣The Land Ports Authority of India Bill, 2009

III. Constitution of Sub-Committees of the Committee on Home Affairs 8.6 The Committee did not constitute any sub-Committee during the period under review. IV. Review of work done (a) Sittings of the Committee 8.7 Statement showing the dates of sittings of the Committee held during the period under review, the duration of the sittings, the number of Members present and the subjects discussed is at Annexure IX. (b) Sittings of Sub-Committees 8.8 No sub-Committee was constituted during the period under review. (c) Material and Memoranda furnished to the Committee. 8.9 Voluminous notes/documents, received from the concerned Ministries/Departments on the subjects/Bills were examined by the Committee. 8.10 Memoranda, received from organizations/individuals on different subjects/Bills were examined by the Committee. Those Memoranda were sent to the concerned Ministries for their comments.

♣ The Land Ports Authority of India Bill 2008 was referred to the Committee on 31st December 2008 by Chairman, Rajya Sabha in consultation with the Speaker, Lok Sabha. Examination of the Land Ports Authority of India Bill 2008 could not be completed by the Committee, constituted on 5.8.2008, as dates for general elections had been announced. With the dissolution of the fourteenth Lok Sabha on 18.5.2009, the Bill lapsed. After the constitution of the Fifteenth Lok Sabha, the Government introduced a new Bill which was exactly identical to the 2008 Bill. Thus the 2009 Bill was also referred to the Committee by the Chairman, Rajya Sabha in consultation with the Speaker, Lok Sabha.

(d) Study Visits: 8.11 The Committee had not undertaken any study visit during the period under review.

(e) Evidence Taken 8.12 Fifteen evidences were taken by the Committee during the period under review and verbatim records of the sittings were kept. V. Reports Presented (a) Reports 8.13 During 2010, the Committee presented the following Reports to both Houses of Parliament:-

Sl. No. Report No. and Dates of Presentation/Laying Rajya Sabha Lok Sabha

Subject

1 2 3 4

1. 143

24.02.2010 22.02.2010 The Land Ports Authority of India Bill, 2009

2. 144

28.04.2010 28.04.2010

Demands for Grants (2010-11) of the Ministry of Home Affairs

3. 145

06.05.2010 06.05.2010

Demands for Grants (2010-11) of the Ministry of DoNER

4. 146 30.07.2010 30.08.2010

The Code of Criminal Procedure (Amendment) Bill, 2010

5. 147

10.11.2010 10.11.2010

The Repatriation of Prisoners (Amendment) Bill, 2010

(b) Action Taken Reports 8.14 No Action Taken Report was presented/laid during the period under review. VI. Summary of Important Recommendations of the Committee (a) Report No. 143 (The Land Ports Authority of India Bill, 2009) 8.15 The Committee was not convinced on the Bill being handled by the Ministry of Home Affairs. It felt that security and strategic considerations were not reflected in the text of the Bill, even though the Statement of Objects and Reasons of the Bill proclaim that it was important to put in place systems at the designated entry and exit points on the international borders, which address security imperatives while also facilitating trade and commerce. The Committee further felt that if the Bill had to be handled by the Ministry of Home Affairs, as claimed repeatedly by them and supported by the Ministry of Commerce, amongst other Ministries, then the security aspects had to be properly reflected in the long title and the text of the Bill. The Committee therefore suggested amendments in the Long Title and the clauses of the Bill so that the spirit of the Statement of Objects and Reasons was reflected in the main text.

8.16 The Committee was of the considered view that the proposal to set up hotels in the ICP premises under the PPP model and such other activities could be a security threat. The Committee was of the firm view that the Government should involve only PSUs in all such activities in the LPAI and that in the overall scheme of ICPs, overriding objective must be the security of the country. The Committee accordingly proposed certain amendments in relevant clauses of the Bill.

8.17 The Committee was constrained to note that the Ministry of Home Affairs did not consider it necessary to hold formal consultations with the concerned State Governments before piloting the Bill. The Ministry of Home Affairs ought to have held detailed consultation with the concerned States not only because these States would be tasked to provide land, basic infrastructure for Integrated Check Posts (ICPs), but would be primarily instrumental in ensuring secure and safe ambience for efficient functioning of ICPs within their jurisdictions.

8.18 The Committee, while noting that the thirteen locations of Integrated Check Posts (ICPs) along the Indo-Nepal, Indo-Pakistan, Indo-Myanmar, Indo-Bangladesh borders had been identified and prioritized, recommended that the Government should examine setting up of more ICPs at an appropriate stage, after assessing the requirement, giving primacy to the security imperatives, besides the volume of trade and other relevant considerations.

8.19 The Committee hoped that when the proposed LPAI becomes operational and the various agencies involved in the system start discharging the functions, there would be adequate coordination and harmony amongst them, and urged upon the Ministry of Home Affairs to ensure that each of the participating agencies functioned in smooth manner and there was clearly demarcated jurisdiction, power and responsibility amongst them.

8.20 The Committee advised the Government that modern equipments, including scanners must be put in place to keep vigilance over the movement of persons and goods along the LoC. The Committee was of the view that broad intelligence sharing was required for information gathering, analysis, decision/policy formulation for ensuring the security and sovereignty of the country.

8.21 The Committee, taking note of anti-national activities being carried out across the border, recommended that the Ministry of Home Affairs should come forward with a sustainable mechanism in the LPAI Bill, 2009 to address the security imperatives and for prevention of cross-border crimes. Unless that was done, LPAI would not serve the purpose for which it was proposed to set up.

8.22 The Committee was of the view that adequate mechanism must be put in place to check the inflow of Fake Indian Currency Notes (FICN) in the country because such activities not only posed a serious threat to national security but also possessed tremendous potential to wreck the national economy from inside. 8.23 The Committee suggested some amendments in the Bill and recommended that the Government may bring forward the amendments, so suggested, while piloting the Bill for consideration in the Parliament. The Committee further recommended that the Land Ports Authority of India Bill, 2009, be passed as amended. Amendments suggested by the Committee were as below:

8.24 The word 'regulate' used in para 3, line 4 of the Statement of Objects and Reasons should be substituted by the word 'coordinate'. Consequentially, in line 5 of the said para, the word 'also' may be inserted before the word 'coordinate'. 8.25 The Committee accordingly recommended that the Ministry of Home Affairs may circulate a revised Statement of Objects and Reasons before the Bill is taken up for consideration in the Lok Sabha. 8.26 “The Committee suggested amendments to clauses/sub-clauses 2, 3, 3(b), 3(d), 3(e), 3(5), 4, 5, 7, 8(1), 9, 10, 11, 11(1), 11(2)(h), 11(2)(i), 11(2)(m), 11(2)(n), 11(2)(o), 12, 13, 14, 15, 16, 17, 18, 19, 20 to 31, 32, 33 to 37, Long title and the statement of objects and reasons.” (b) Report No. 144 (Demands For Grants (2010-11) of The Ministry of Home Affairs) 8.27 The Committee took a serious view of the fact that even some of the States affected by left wing extremism are not properly availing the scheme. Such States had not submitted the Utilisation Certificates for 2007-08 which would obviously deprive them in getting their full store of firmly in future. The Committee found it disturbing that on one side the State were reeling under the impact of left wing extremism as shown by the recent example is the Dantewada incident on 6.4.2010 in which a large number of security personnel were butchered by the utters. On the other hand, the affected States display lack of interest in availing of the scheme. The Committee desired that the Minister of Home Affairs should have discussed the matter with all the concerned Chief Ministers.

8.28 The Committee having taken note of the major fire accidents with alarming regularity in the country, causing heavy causalities, particularly in commercial buildings in Bangalore and the Stephen's Court Building in Kolkata, matter to highlight the weaknesses in the fire fighting mechanism of the country, noted with dismay that lessons have not been learnt from the heart-rendering incidents of Dabwali (1995) Kumbakonam (2004), where more than 90 children were burnt to death, and Uphaar Cinema, (Delhi) (1997) tragedies. The National Building Code (NBC) published in 1970 and updated in 2005 does prescribe the minimum fire safety and rescue measures to be provided in the buildings but what is missing is the actual enforcement mechanism. Transparency in giving clearance to construction of structures must be in place and public access to building safety data, a practice common in other parts of the world, ought to be adopted in our country. The Committee, therefore, recommended that Government must undertake required steps for strengthening of fire fighting mechanism. 8.29 The Committee desired that reassessment of the fire and emergency preparedness for the Commonwealth Games in Delhi may be done as any untoward incident during the Games may bring bad name to the nation.

8.30 The Committee highlighting the imperative need for a robust coastal security in the backdrop of the modalities of the 26/11 attack, recommended that the Government should make all efforts to ensure that comprehensive and fool-proof coastal security was put in place so that another 26/11 type attack might not take place. 8.31 Appreciating the adoption of principles of e-governance and creation of a nationwide networked infrastructure of IT-enabled state-of-the-art tracking system of “investigation of crime and detection of criminals” in real time, which was a critical requirement in the context of the present day internal security scenario. The Committee recommended that the allocated funds for the purpose should be optimally utilized for timely completion of the project. 8.32 Organization of a sporting event like the Commonwealth Games was a major challenge for any country not only from the point of view of investment in infrastructure but also from the security aspect, given the global security scenario. The Committee urged upon the Central Government, Government of NCT, Delhi and all agencies concerned to ensure that there should not be any lapse in security arrangements for want of resources.

8.33 The Committee took note of the fact that an Empowered Security Committee (ESC) has been constituted to co-ordinate, oversee and approve the security arrangement for the Commonwealth Games 2010. In this regard, the Committee recommended that co-ordination and monitoring need to be done at every level right upto the lowest level of security deployment. Intelligence agencies should have also been actively involved in co-ordination. There should not have been any time gap in the dissemination and percolation of intelligence inputs. 8.34 The Committee, urged upon the Ministry of Home Affairs to take commando training seriously and reformulate its Policy on Education and Training of Central Police Forces with a view to ensuring that adequate number of police personnel, especially trained in commando, counter-insurgency, anti-terrorist and guerrilla warfare, are available to counter the menace of terrorism, insurgency and left wing extremism in all their hues. The Central Government may also proactively assist the State Government particularly those affected by cross-border terrorism, insurgency and left wing extremism, in setting up Training Centres for training their police personnel in guerilla and jungle warfare and help them set up special units like the Greyhound of Andhra Pradesh Police and COBRA of CRPF. 8.35 The Committee felt that by providing livelihood, land and proper wages, with good governance and proper utilization of funds allocated to the respective States for various government sponsored development schemes, people could be weaned away from Naxalism and this menace could be contained. The Committee was of the view that the approach to the Naxalite problem needed a blend of firm handling with sensitive approach to the developmental aspects. The Government should have involve the political parties, people’s representatives, civil society groups and above all the masses, in all its initiatives to contain the menace.

8.36 Highlighting the fact that in some States elections are not held regularly to the Panchayats and other local bodies, which results in lack of participation of peoples’ representatives in the implementation of the flagship programmes, the Committee recommended that elections may be held regularly to the PRI Institutions so that public representatives are actively involved at the grass root level in implementation of the schemes and projects which would directly help in bringing the people back to the mainstream. 8.37 The Committee felt that the Central Para Military Forces trained in guerilla warfare should be deployed in all the sensitive districts of the affected areas. There should be more Counter Insurgency and Jungle Warfare (CIJW) Colleges opened on the lines of Vairengte in Mizoram and another training centre at Kanker in Chhattisgarh, for training of Police Personnel for counter-insurgency operations. The Committee understands that the biggest limitation while conducting counter-naxal operations, is the lack of helicopter support from the Government. The Committee recommended that Government should provide helicopter support for conducting operations and for reconnaisance. 8.38 The Committee is of the view that perceptible growth in the peoples’ faith in kangaroo courts organized by the naxalites may indicate that they have lost faith in the criminal justice system of the country. The Committee, therefore, was of the considered view that the justice delivery system particularly in the lower judiciary should be revamped to reverse the dangerous trend of justice dispensation by the so called ‘peoples courts’. 8.39 The Committee felt that the approach of the Government for dealing with the naxalites should be consistent, holistic, multifaceted and collective. There could be no two opinion that naxalism has become the “single biggest” threat to the country’s security. The Committee was of the view that the fight against Naxalism should be both at the development and police fronts. The Committee also took note of the statement made by the Home Minister while replying a Question in the Rajya Sabha on 15th July, 2009 in which he conceded that the Government underestimated the challenge of left wing extremism for years. The Committee, therefore, was of the considered view that the Government should take this menace seriously and make every effort to contain it.

8.40 The Committee expressed its displeasure over the fact that the amount of pension paid under the various social welfare schemes in the UTs was not uniform. The amount was also grossly inadequate keeping in view the inflationary effect on the cost of living. The Committee, therefore, strongly recommended that the Government must suitably enhance the amount of pension under the welfare schemes and make it uniform in all the UTs. Demand No.95 – Andaman & Nicobar Islands Medical facility for Central Government Employees and other middle class people 8.41 It was a sad state of affairs that no super speciality treatment/services are available in the Andaman and Nicobar Islands and the people have to travel to Tamil Nadu or Kolkata for treatment for which expenditure is not reimbursed. The Committee failed to understand why the Central Government had been indifferent to the woes of the people in general and its employees particularly the pensioners who were living in that Islands. The Committee recommended that Ministry of Home Affairs may take up this matter with the Ministry of Health & Family Welfare for appropriate decision at an early date. The Committee also recommended that the Government should also formulate suitable medical insurance scheme for all the persons living in the Islands. 8.42 The Committee highlighting the fact that in case of serious medical emergency for which a person has to be urgently evacuated to the nearby city in the mainland for treatment, with no arrangements for air ambulance or dedicated helicopter service, was of the view that this was a critical area which the Ministry of Home Affairs needs to urgently look into so that the facility of air ambulance was put in place and allocate fund to UT Administration for procurement of an air ambulance or dedicated helicopter.

8.43 Considering that Andaman & Nicobar Islands has a special place in our history of freedom struggle, the Committee, recommended that appropriate subsidy should be given on air fare, to attract tourists to the Islands. Special packages for students could also be considered for making them understand and appreciate the sacrifices our freedom fighters had made for our independence. The Committee further recommended that old ships may be abandoned and new ones may be brought in at the earliest and if necessary, participation of private sector be explored. 8.44 The Committee recommended that a holistic Vision Statement regarding overall development of the UT of Daman and Diu be prepared comprising of realistic goals achievable within a given time frame and quantifiable benchmarks prescribed so that progress made in the Plan period could be measured and the development policies/schemes adjusted according to the performance on the ground.

8.45 The Committee was also of the considered view that the Coast Guard should take up the issue of safeguarding the fishermen who venture into the deep sea and ensure their safe return. The Committee recommended that UT of Andaman and Nicobar Islands may take up the matter with the MHA and through it to MEA so that the fishermen languishing in the Pakistani jails were released at the earliest.

8.46 Here, the Committee apprehended that it would be difficult to hold back information to be filled in the Houselisting and Housing Census Schedule in view of the RTI Act 2005. It was quite likely that even if the exemption clause is invoked under the RTI Act 2005, the CIC, the High Courts or the Supreme Court may pass orders for disclosure of information. The Committee, therefore, suggested that the confidentiality clause in the Houselisting and Housing Census Schedule be dropped.

8.47 The Committee was of the considered view that the 'Nationality as declared' clause in the NPR Household Schedule has the potential to confer de facto Indian Citizenship to illegal migrants, despite the disclaimer attached to the clause. The Committee was of the opinion that the Government should not act in haste and there is a need to have a rethinking on the NPR exercise. The Committee, therefore, strongly recommended that the 'Nationality' clause should be removed as it has the portents in the long run which may pose a threat to the security of the country. Therefore, it may be worthwhile considering suspension of the NPR exercise for the time being. The Committee further recommended that the work relating to NPR preparation should be de-linked from the Census operations.

8.48 The Committee was constrained to note the undue delay in allocating land for housing projects by the DDA. Being a Government organization, DDA should not function on purely commercial lines like private builders. The Committee recommended that DDA should make more concerted efforts to acquire land exclusively for police housing of CPOs so that this pressing need of the police personnel could be met. Keeping in mind the sensitive law and order situation in Delhi, proper functioning of Police Stations and keeping the morale of the police force high are of utmost importance. Therefore, making land available for Police Stations and Housing Projects, required immediate attention of the authorities. The Committee therefore urged upon the DDA, MCD and other agencies to make land available for Housing projects and Police Stations in Delhi with least delay.

8.49 To achieve 40% satisfaction level, Delhi Police needed a total of about 28,000 houses against about 15,000 houses available with it, thus, leaving a gap of about 13,000 quarters. The Committee was concerned that by 2012-13 only about 7,000

flats are likely to be added, including the projects under PPP model. That was grossly inadequate. Considering the rate at which the quarters are being constructed and that additional land is not available with Delhi Police, the target can only be achieved in a reasonable period by outright purchase of ready built flats from DDA. The Committee was of the view that the Ministry of Home Affairs should take up the matter of ready built flats for Delhi Police with DDA and the DDA on its part should also make provision for 500-550 flats every year for Delhi Police.

8.50 The Committee took a serious note of the fact that the deficiency of the housing units as on 1.4.1009 was 114634. If the new battalions, which had been approved by the Government and were likely to be raised by 2013-14, were also taken into account, forty thousand personnel would be further added. The allocations had been made as per the current requirements only. At this rate, the gap would keep on increasing and it would be a never ending phenomenon. The Committee agreed that the allocations have not kept pace with the increase in the number of personnel in various Central Police Forces and this situation is likely to go from bad to worse. The Committee therefore recommended that the Government should seriously assess the financial requirements for the housing of the CPF personnel. The Ministry informed the Committee that due to massive housing shortage, the funds were inadequate and they would move for additional funds at RE stage. The Committee suggested that additional funds may be sought at RE 2010-11 stage.

8.51 The Committee appreciated the amendment made in Rule 126 of GFR allowing the involvement of other Public Works Organisations as the same would help in avoiding unnecessary delays and other regulatory bottlenecks in completion of housing projects for Central Police Forces in time. However, the purpose will be defeated if there are inordinate delays in giving nod/concurrence. The Committee, therefore recommended that a reasonable time limit should be imposed in giving clearance by Ministry of Urban Development/CPWD. The Committee also recommended that Engineering Wings of CPFs be further strengthened so that they could be entrusted more project works for speeding construction of residential as well as other type of accommodation.

(c) Report No. 145 (Demands for Grants (2010-11) of the Ministry of DONER)

8.52 The Committee was unhappy to note that only 56.8 % of the allocated fund under plan scheme had been utilized upto February, 2010 end. The Committee desired to highlight that in the case of projects like NERLP, where the vagaries of weather do not play any role, only 19.2% of allocated fund had been utilized. The Committee felt that outlays made should have given the desired results as the Planning Commission would consider the demand for higher allocation only when allocated funds meant for development of NE Region are fully and optimally utilized and show the results.

8.53 The Committee was of the view that despite claims of several steps being taken under ‘Advocacy & Publicity’ by the Ministry, the results are still not perceptible. The Committee recommended to the Ministry to review its strategy and come out with an innovative idea to showcase the Region to the world as an ideal destination for investment, tourism etc. 8.54 The Committee expressed serious concern over the inordinate delay in setting up the Pilot Training Institute at Lilabari, Assam. It was unfortunate that the proposal was still at land clearance stage though the Committee in its 141st Report recommended for expediting the process of getting land use clearance from Land Advisory Committee, Government of Assam.. The Committee strongly recommended that the land clearance issue may be sorted out immediately.

8.55 The Committee in its earlier reports had recommended for early operationalization of externally aided projects like, the NESRP, NESTICI and NERLP. However, the projects have still not moved beyond the drawing board stage. The Ministry should make sincere efforts in coordination with the Ministry of Finance and the external donor agencies to ensure that the schemes do take off during the current financial year. The Committee felt that if the projects do not take off soon, they may loose the relevance and utility for the NER.

8.56 The Committee was concerned over the fact that the NEH & HD Corporation is a sick unit and has been incurring losses since its inception. Even though the sales were increasing, the Corporation was not able to turnaround. The Committee, therefore, recommended that the Ministry should undertake special steps for financial and operational restructuring of the Corporation and make it a viable entity. 8.57 The Committee recommended that the proposals of setting up Cashew Processing Plant at Mankachar, Assam, modernization of Pineapple Juice Plant at Nalkata, Tripura, setting up Central Packaging Centre at Chaigaon in Assam and setting up Multi Fruit Processing Plant at Silchar may be implemented at the earliest. 8.58 The Committee felt that the government should take further initiatives in the field of micro-finance or similar assistance to self-help groups, in terms of quantum and coverage. 8.59 The Committee noted that the flow of tourists had increased in Sikkim and Arunachal Pradesh due to relaxation of LTC Rules. The Committee would however, impressed upon the Government to ensure that tourists arriving in North East were not harassed and exploited by unscrupulous tour operators, travel agents and touts. With regard to visit to such places, where permit is required, the Committee recommended that procedure for obtaining the same for restricted areas be simplified.

8.60 The Committee felt that development of infrastructure in the civil aviation sector had been hit by bottlenecks mainly on account of land acquisition and environmental issues. In this context, the Committee suggested that a Master Plan for creation of civil aviation facilities in NE Region on the lines of the Road Development Plan namely SARDP-NE may be prepared.

8.61 Despite allocation of large amount of funds under various plan schemes, the region is not only lagging behind but the performance of most of the schemes is unsatisfactory which flies in the face of the monitoring-mechanism in place. The Committee desired that a robust monitoring mechanism may be put in place for ensuring timely completion of the projects.

8.62 The Committee further recommended that there should be a separate wing of the Central Vigilance Commission exclusively for North Eastern Region to oversee proper utilization of public funds for NER projects, from the vigilance angle.

8.63 The Committee was also of the view that since huge amount of money was being spent on various projects in NE region and there was a general feeling of misappropriation and siphoning of funds and that some underground groups were also illegally receiving some portion of funds, a post of Joint Director, CBI was required to be created for NE Region, to look into such cases.

8.64 The Committee was of the strong view that the execution of projects should be made transparent invariably from the initial stage of issuance of tender till the completion of the projects. The information relating to name of the projects, its cost, time schedule indicating date of commencement and completion of the project name of executing agencies and contractors should be displayed at the project sites for the information of the public at large. The Committee also desired that such information may also be posted on the websites of Ministry of DoNER and NEC.

8.65 The Committee recommended that the State Governments of Arunachal Pradesh, Meghalaya, Mizoram and Sikkim which have not provided their 10% share should be persuaded to provide the same as soon as possible to enable the implementation of the Scheme which is meant to ensure that the fundamental right of the children of the country becomes a reality. 8.66 The Committee was of the considered view that various road projects linking the region with neighbouring landlocked countries could be of great help in increasing border trade with neighboring countries and tackling insurgency in the region. The Committee also felt that the initiatives viz. Kaladan multi-modal project, construction of Rih-Tidim and Rih-Falam Road, Ashuganj (Bangladesh) as port of call, direct bus service from Kolkata to Agartala, project on Tri-lateral highway connecting Moreh to Maesot (Thailand) via Bagan (Myanmar) and improvement of Tamu Kalemyo Kalewa (TKK) Road in Myanmar, etc would greatly help opening commercial trade with the neighbouring countries of Bangladesh and Myanmar. 8.67 The Committee took note of the fact that out of total potential of about 62604 MW of hydro power in the region, only 1686 MW has been harnessed so far. However, the Committee hoped that with the allotment of various projects to private and public sectors, the situation will improve. 8.68 A large number of vacancies exist in various Central Government organizations due to the reluctance of officials to serve there on account of difficult conditions in the region. The Committee was of the view that the officials in the Ministry of DoNER and Central Government officials posted in NER including those of NEC, should have fixed tenure. The Government should provide attractive incentives, over and above the existing allowances, to the officials posted in Central Government Organizations in the North East. At the same time action should be initiated against those officers who do not serve or are reluctant to work at the allotted places. (d) Report No. 146 (The Code of Criminal Procedure (Amendment) Bill 2010) 8.69 Since the recommendations of the Law Commission have been incorporated in the Bill and there appeared to be unanimity on the proposed amendments, the Committee recommends that the Bill be passed.

8.70 The Committee noted that the Code of Criminal Procedure, 1973, had been amended ten times so far. In this context the Committee recounted the observations/recommendations made by it in its 111th and 128th Reports on the Criminal Law (Amendment) Bill 2003 and the Code of Criminal Procedure (Amendment) Bill 2006, respectively, to the effect that there was an imperative need to reform and rationalize the criminal law of the country by introducing a comprehensive legislation in Parliament instead of bringing amendment bills in piecemeal. The Committee reiterated the observations/ recommendations made by it in its cited reports and urged upon the Government not to bring forward amendments in bits and pieces. In this context the Committee was happy to note that Prof. N.R. Madhava Menon had submitted a report to the Government containing a draft National Policy on Criminal Justice. The Committee would like the Ministry of Home Affairs to act upon the draft policy with expedition in consultation with the State Governments, legal fraternity and other stakeholders. The Committee also advised the Ministry to circulate the draft policy amongst the Members of this Committee as well, so as to set in motion a debate on the subject inside and outside Parliament thereby facilitating wide consultations across the board and helping Government to finalise the National Policy and thereafter to lay it on the Table of both the Houses, followed by introduction of a composite draft legislation for revamping of the Criminal Justice System in the country.

(e) Report No. 147 (The Repatriation of Prisoners (Amendment) Bill, 2010) 8.71 The term 'martial law’, in the strict sense of the term, was not desirable in the Repatriation of Prisoners Act, 2003. Since the Home Secretary had averred that the present Bill was brought forward only to rectify a clerical mistake and there was no other reason for bringing the Amendment Bill, the Committee agreed to the proposed amendment. VII. Secretariat 8.72 The Committee Section (Home Affairs) headed by an Assistant Director, constitutes the Secretariat of the Committee. Joint Secretary, Director and a Joint Director remained in-charge of the Section. 8.73 To assist the Committee in its work, material received from the Ministries under its jurisdiction i.e., Home Affairs and DoNER, as also from other organizations and individuals was studied, and relevant points were culled out. Questionnaires for written/oral replies were prepared for use of the Committee. 8.74 The Secretariat also studied material like Parliamentary Debates, answers to Parliamentary Questions, Budget Estimates, Economic Survey, Outcome Budget, Mid-Term Appraisal of the Eleventh Five-Year Plan, Books, Journals, and Newspapers etc, relevant to the subject under examination of the Committee. The Secretariat also downloaded study material from websites on various subjects for use of Committee Members and preparation of reports. 8.75 The work relating to drafting, consideration and approval of draft reports by the Committee alongwith their presentation/laying, printing and distribution were also undertaken by the Secretariat.

ANNEXURE-IX (See Para 8.7)

Meetings of the Committee during the year 2010 Sl. Date of Duration Subject

No. meeting Hrs. Mts. 1 2 3 4

1. 07.01.2010 2.00 (i) Discussed Memorandum No. 1/2010 on Action Taken by Government on the recommendations/observations contained in the 142nd Report of Department-related Parliamentary Standing 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'.

2. 08.02.2010

0.15 Chairman made obituary reference of Shri Janeshwar Mishra, MP, Rajya Sabha

3. 09.02.2010

1.0 0 I. Chairman:

(i) 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 7th January, 2010, pertaining to Draft Arm Policy.

II. Committee:

(i) considered and adopted draft report on Land Ports Authority of India Bill, 2009; and

(ii) Considered Memorandum No. 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 83rd Report of the Committee on the Personnel Policies Of Central Industrial Security Force and Central Secretariat Service

4. 04.03.2010

0. 40 I. Committee: finalised its programme of sittings during the recess of the current session of Parliament for examination of the Demands for Grants (2010-11) 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 Committee on 7.1.2010 and reiterated on 9.2.2010 to discuss “Arms, Firearms and Ammunitions”

5. 22.03.2010

2.45 I. Committee heard the Presentation of Home Secretary on:

(i) Demands for Grants (2010-11) of the Ministry of Home Affairs; (ii) Arms, Fire Arms and Ammunition & Draft Arms Policy; and

II. held discussion on the items at (i) and (ii). Also held further discussion on “Infiltration Across Borders.”

1 2 3 4

6. 23.03.2010 4. 00 I. Home Secretary and Divisional Heads of MHA respondedto the questions raised and queries made by Members in Committee's meeting held on 22.03.2010;

II. Home Secretary/JS(IS) made a presentation on 'Arms, Fire Arms and Ammunition' and 'Draft Arms Policy' and discussion thereon; and

III. Home Secretary/JS(UT) made a brief presentation on UT of

Dadra and Nagar Haveli and discussion thereon.

7. 05.04.2010

2.00 (i) heard the Presentation of Secretary, Ministry of DoNER on Demands for Grants (2010-11) of Ministry of DoNER and hold discussion thereon.

(ii) held further discussion on the budgetary allocation (2010-11) of the UTs of Dadra & Nagar Haveli, Daman & Diu and Andaman & Nicobar Islands

8. 12.04.2010

2.50 I. Chairman apprised 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. Committee :

(i) further discussed budgetary allocations (2010-11) of the UTs of Dadra & Nagar Haveli and Daman & Diu and seek clarifications from Home Secretary and senior officers of the 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).

9. 22.04.2010

0.45 Committee:

considered and adopted the draft Report on Demands for Grants (2010-11) of Ministry of Home Affairs.

10. 26.04.2010

1.45 Committee:

further considered and adopted the draft Report on Demands for Grants (2010-11) of Ministry of Home Affairs.

11.

04.05.2010

0.50 Committee:

considered and adopted the draft Report on Demands for Grants (2010-11) of Ministry of DoNER.

1 2 3 4

12. 26.05.2010

0.22 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 on which about 158 persons were killed.

13. 28.05.2010

1.35 Heard presentation of Home Secretary on Code of Criminal Procedure (Amendment) Bill, 2010 and hold discussion thereon.

14. 11.06.2010

1.15 (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 28.05.2010 in connection with the new Arms and Ammunition Policy.

15. 22.06.2010

2.10 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 subject-matter Ministries and Departments of the Government of India.

16. 10.08.2010

1. 05 (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.

17. 21.09.2010

0. 30 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.

18. 30.09.2010

0.30 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, 2010.

19. 07.10.2010 1.05 Committee:

heard the Home Secretary on the New Delhi Municipal Council (Amendment) Bill, 2010 and held discussion thereon.

1 2 3 4

20. 22.10.2010

0.55 Committee: heard the Home Secretary on the New Delhi Municipal Council (Amendment) Bill, 2010 and held discussion thereon

21. 01.11.2010

0.35 Committee: heard the presentation of Home Secretary on the Arms (Amendment) Bill, 2010 and held discussion thereon.

22. 23.11.2010

0 .40 I. Chairman:

informed the Committee that Hon’ble Chairman, Rajya Sabha has granted further extension of time to the Committee for presentation of report on the New Delhi Municipal Council (Amendment) Bill, 2010 upto 31st January, 2011.

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, 2011.

23. 20.12.2010 1. 00 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, 2011.

II. Committee:

heard oral evidence of following eminent personalities and representatives of some Resident Welfare Associations on the New Delhi Municipal Council (Amendment) Bill, 2010.

24. 28.12.2010 1.25 Further heard the Home Secretary on Arms (Amendment) Bill, 2010.

CHAPTER-IX COMMITTEE ON HUMAN RESOURCE DEVELOPMENT


COMMITTEE ON HUMAN RESOURCE DEVELOPMENT (Constituted on the 31st August, 2009)

RAJYA SABHA

1. ^Shri Oscar Fernandes ⎯ Chairman 2. &Dr. E.M. Sudarsana Natchiappan 3. $Shrimati Mohsina Kidwai 4. @Shri Vijaykumar Rupani 5. Shri M. Rama Jois 6. % Shri Penumalli Madhu 7. *Shri Brij Bhushan Tiwari 8. #Shri T.T.V. Dhinakaran 9. Shri N.K. Singh 10. Dr. Janardhan Waghmare 11. +Shri Prakash Javadekar 12. **Shri N. Balaganga

LOK SABHA 13. Shri Suresh Angadi 14. Shri Kirti Azad 15. Shri P.K. Biju 16. Shri Jitendrasingh Bundela 17. Shrimati J. Helen Davidson 18. Shri P.C. Gaddigoudar 19. Shri Rahul Gandhi 20. Shri Deepender Singh Hooda 21. Shri Prataprao Ganpatrao Jadhav 22. Shri Suresh Kalmadi 23. Shri P. Kumar 24. Shri Prasanta Kumar Majumdar 25. Capt. Jai Narain Prasad Nishad 26. Shri Sis Ram Ola 27. Dr. Vinay Kumar Pandey 28. Shri Tapas Paul 29. Shri Brijbhushan Sharan Singh 30. Shri Ashok Tanwar 31. Shri Joseph Toppo 32. Shri P. Viswanathan 33. Shri Madhu Goud Yaskhi

^ Re-nominated as a member and Chairman of the Committee w.e.f. 2.7.2010 & Re-nominated as a member of the Committee w.e.f. 22.7.2010 $ Ceased to be a member of the Committee w.e.f 29.6.2010 @ Ceased to be a member of the Committee w.e.f 26.5.2010 % Ceased to be a member of the Committee w.e.f 21.6.2010 * Ceased to be a member of the Committee w.e.f 4.7.2010 # Ceased to be a member of the Committee w.e.f 29.6.2010 + Nominated as a member of the Committee w.e.f 4.6.2010 ** Nominated as a member of the Committee w.e.f. 16.07.2010.


COMMITTEE ON HUMAN RESOURCE DEVELOPMENT

(Re-constituted on the 31st August, 2010) 1. Shri Oscar Fernandes ⎯ Chairman

RAJYA SABHA 2. Shrimati Mohsina Kidwai 3. Dr. K. Keshava Rao 4. Shri Prakash Javadekar 5. Shri M. Rama Jois 6. Shri Pramod Kureel 7. Shri N.K. Singh 8. Shrimati Kanimozhi 9. Dr. Janardhan Waghmare 10. Shri N. Balaganga

LOK SABHA 11. Shri Kirti Azad 12. Shri P.K. Biju 13. Shri Jeetendra Singh Bundela 14. Shri Suresh Chanabasappa Angadi 15. Shrimati J. Helen Davidson 16. Shri P.C. Gaddigoudar 17. Shri Rahul Gandhi 18. Shri Deepender Singh Hooda 19. Shri Prataprao Ganpatrao Jadhao 20. Shri Suresh Kalmadi 21. Shri P. Kumar 22. Shri Prasanta Kumar Majumdar 23. Capt. Jai Narain Prasad Nishad 24. Shri Sheesh Ram Ola 25. Shri Tapas Paul 26. Shri Brijbhushan Sharan Singh 27. Shri Ashok Tanwar 28. Shri Joseph Toppo 29. Dr. Vinay Kumar Pandey ‘Vinnu’ 30. Shri P. Viswanathan 31. Shri Madhu Goud Yaskhi


9.3 The Committee after its reconstitution decided to consider and examine the ‘Faculty position in higher educational institutions of the country’ as a subject during the year 2010.


9.4 During the year 2010, the following Bills were referred to the Committee for examination and report:-

Sl. No.

Name of the Bill Date of Reference Report

1 2 3 4

1. The Right of Children to Free and Compulsory Education (Amendment) Bill, 2010

22.04. 2010 223

2. The National Council for Teacher Education (Amendment) Bill, 2010

16 .04.2010 224

3. The Copyright (Amendment) Bill, 2010

23.04. 2010 227

4. The Educational Tribunals Bill, 2010

13.05. 2010 225

5. The National Institutes of Technology (Amendment) Bill, 2010

13.05. 2010 226

6. The Prohibition of Unfair Practices in Technical Educational Institutions, Medical Educational Institutions and Universities Bill, 2010

13.05.2010 Bill under consideration

7. The Foreign Educational Institutions(Regulation of Entry and Operations) Bill, 2010


8. The National Accreditation Regulatory Authority for Higher Educational Institutions Bill, 2010


9. The Central Educational Institutions (Reservation in Admission) Amendment Bill, 2010

10.09.2010 234

10. The Architects (Amendment) Bill, 2010

13.09.2010 229

11. The Institutes of Technology (Amendment) Bill, 2010

15.09.2010 228

12. The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2010

01.12.2010 235

13. The Protection of Women Against Sexual Harassment at Work Place

30.12.2010 Bill under consideratio

Bill, 2010 n

IV. Constitution of Sub-Committees of the Department-related Parliamentary Standing Committee on Human Resource Development

9.5 No Sub-Committee was constituted during the year 2010. V. Review of work done (a) Sittings of the Committee 9.6 During the year 2010, the Committee held 34 sittings lasting over 68 hours and 8 minutes. A statement showing the dates and duration of each sitting of the Committee, as also the subjects discussed during this period are given in Annexure X. (b) Sittings of Sub-Committees

9.7 No Sub-Committee was constituted by the Department-related Parliamentary Standing Committee on Human Resource Development during the year 2010.

(c) Study Visits 9.8 During the year 2010, the Committee did not undertake any study visit.

9.9 Verbatim record of proceedings of the sittings of the Committee, at which evidence was taken, was duly maintained.

VI. Reports presented & laid

9.10 During 2010, the Committee presented & laid the following Reports in both the Houses of Parliament: -

Sl.

No.

Report

No.

Date of presentation/Laying in Rajya Sabha/Lok Sabha

Subject

1 2 3 4

1. 219th

20.04.2010 Demands for Grants 2010-11 (Demand No. 104) of the Ministry of Women and Child Development

2. 220th

20.04.2010 Demands for Grants 2010-11 (Demand No. 105) of the Ministry of Youth Affairs & Sports

3. 221st

26.04.2010 Demands for Grants 2010-11 (Demand No. 57) of the Department of School Education & Literacy, Ministry of Human Resource Development)

4. 222nd

29.04.2010 Demands for Grants 2010-11 (Demand No. 58) of the Department of Higher Education, (Ministry of Human Resource Development)

1 2 3 4

5. 223rd

30.07.2010 Report on the Right of Children to Free and Compulsory Education (Amendment) Bill, 2010

6. 224th

30.07.2010 Report on the National Council for Teacher Education (Amendment) Bill, 2010

7. 225th

20.09.2010

Report on the Educational Tribunals Bill, 2010

9. 226th

15.11.2010 Report on the National Institutes of Technology (Amendment) Bill, 2010

9. 227th

23.11.2010 Report on the Copyright (Amendment) Bill, 2010

10. 228th

26.11.2010 Report on the Institutes of Technology (Amendment) Bill, 2010

9.11 Minutes of sittings of the Department-related Parliamentary Standing Committee on Human Resource Development relating to various Reports presented to the House were prepared and presented to the House along with the relevant Reports.

VII. Summary of the Recommendations (a) 219th Report

Budgetary Allocation 9.12 While appreciating the genuine requirements and track-record of optimum utilization of funds in well-established schemes like ICDS, the Committee would like to point out that with respect to schemes yet to be approved, the Ministry had to primarily focus on getting the schemes approved expeditiously by the competent authority. 9.13 The Committee took note of a positive development with regard to women-specific schemes. So far trend of allocation for these schemes had been at a low level. However, allocation of Rs. 1691.00 crore for women-specific schemes in 2010-11 showed an increase of almost five times when compared with provision of Rs. 349.00 crore for 2009-10. However, the Committee had a word of caution. This tremendous enhancement in allocation had to be matched by optimum utilization also. The Committee observed that during 2009-10 also, like the previous years, funds allocated for majority of the women-specific schemes had remained under-utilized inspite of being reduced at the RE stage. The Committee, therefore, recommended that all required steps be taken for optimum and judicious utilization of allocated funds for women-specific schemes.

9.14 Another disturbing trend noticed by the Committee was undue delay in the final approval of a new scheme. The Committee had been drawing the attention of the Ministry in this regard for the last few years. However, no corrective measures seemed to have been initiated by the Ministry so far. As a result, new schemes with ambitious vision continued to remain in the formulation stage for years. The only redeeming feature was allocation of funds without break with utilization status remaining nil at the end of the year. Year 2009-10 was also no exception as schemes like Rajiv Gandhi Scheme for empowerment of Adoloscent Girls, Relief to and Rehabilitation of Rape victims, etc were still under formulation or approval stage. The Committee would also like to point out that the Scheme for Relief to and Rehabilitation of Rape Victims had continued to remain on paper for the last four years with token provision of Rs. 1.00 crore starting from 2006-07 and substantive provision (Rs. 40.00 crore) being made in 2008-09. The Committee found that extension of an existing scheme also entailed a long process. Second phase of Swayamsidha Scheme was to be started. However, from 2008-09 onwards, allocated funds remained unutilized, as the scheme was yet to be approved.

9.15 The Committee expressed its grave concern over under-utilization of funds which was meant for the benefit of the people of North-East who faced geographical as well as climatic adversities. The Committee believed that assiduous efforts should be made to utilize the funds in a more effective and judicious manner and the matter of under-utilization of allocated funds should be taken up with the concerned States. 9.16 The Committee had time and again emphasized on liquidating the pendency of large number of UCs involving huge sums of funds. Monitoring of UCs by comprehensive web-based software called the ‘UC Package’, repeated reminders and

other measures on the part of the Ministry had not proved to be very successful as evident from the above. The Committee was informed that majority of pending UCs were mostly very old cases involving small amount and no fresh proposals from such NGOs were under the consideration of the Ministry. The Committee strongly felt that it would have been appropriate if pendency of very old cases was liquidated without any further delay within the financial norms. The Committee was, however, surprised to note that the year-wise details furnished by the Ministry depict an entirely different position. Number of 5888 pending UCs date back to 1986-87. What was more disturbing was that out of 5888 pending UCs amounting to Rs. 345.38 crore, as many as 4096 UCs amounting to Rs. 142.29 crore related to the period from 1986-87 to 1999-2000. The Committee took a serious view of this misleading information furnished to it earlier. The Committee reiterated the importance of pro-active role of the Ministry with active co-operation of the State Governments and other agencies involved in the implementation of the schemes of the Ministry. The Committee would also like to point out that the very fact that UCs were outstanding for long periods indicates that there were inherent constraints in the implementation of schemes. Non-releasing further grants to NGOs till submission of pending UCs was as per the financial norms. However, one must not forget that the main objective of outreach of the scheme to the targeted beneficiaries also gets diluted in the process. The Committee, therefore, strongly felt that it was high time for the Ministry to identify the root causes of pendency of UCs and took steps for removal of the same.

9.17 The Committee in its previous Report had highlighted the issue of unspent balances with State Governments and had recommended that the matter of unspent balances should be urgently taken up with the concerned State Governments so that the implementation of an important scheme like ICDS was not hampered. The Ministry had to constantly monitor specially in view of substantive enhancement of funds for ICDS.

9.18 The Committee would also appreciate if all steps were taken to ensure non-involvement of defaulter NGOs identified during the implementation of Phase 1 of Swayamsidha. The Ministry should also vigorously pursue with the respective States/UTs the matter of refunding of unspent balances through RBI, Nagpur. Integrated Child Development Service (ICDS) Scheme

9.19 The Committee appreciated the efforts of the Ministry in making the delivery mechanism more effective by taking such interventions. The Committee hoped that all these initiatives of the Ministry would have a positive impact on the operationalization and effective functioning of AWCs in all the States/UTs, specially those not performing well. Funding For ICDS 9.20 The Committee was of the opinion that gap between revision of norms and release of enhanced funds should be the minimum. The approval process for the revision of norms and making available the required funds should not be a protracted exercise. All efforts should also be made to avoid substantive utilization of allocated funds during the last quarter of the year. 9.21 The Committee was also given to understand that allocation of Rs. 8700.00 crore under ICDS for 2010-11 fell short of projected requirement of Rs. 11,227.00 crore. The Committee is of the opinion that the required funds need be made available for this Flagship scheme of the Ministry. At the same time it had to be ensured both by the Ministry and the implementing agencies in the States that there was optimum but judicious utilization of the allocated funds. 9.22 The Committee strongly felt that the requests of the two States i.e. of Himachal Pradesh and Jammu & Kashmir regarding treating them at par with North-Eastern States for 90:10 contribution considering their topographic conditions, needed to be looked into in the proper perspective and the needful done at the earliest. Universalization of ICDS 9.23 The Committee failed to comprehend the basis for this reversal in the requirement for AWCs in respect of some States. Not only this, Supreme Court’s directions for universalisation of ICDS thereby opening of 14 lakh AWCs were based on an extensive survey as per the prescribed population norms along with State-specific requirements. In such a scenario, request of some States for reduction not only went against the Apex Court directions but also seemed to negate the very objective of ICDS. 9.24 The Committee was informed by the Secretary that Chattisgarh and Uttrakhand were the two States which had asked for substantive reduction. The Committee was happy to note that the request of these two States had not been agreed to so far. The Committee felt that revision in the cost norms might perhaps be one reason for this development. The Committee recommended that the Ministry should pursue this issue with the concerned States vigorously so that no habitation in these two States remained bereft of positive gains of ICD. 9.25 The Committee noted that all the states/UTs had been sensitized to take all the required administrative measures for immediate operationalisation of all the sanctioned Centres. The Committee hoped that administrative delays like issue of sanctions by State Governments, pending court cases would not hamper the operationalisation of all the sanctioned AWCs by August, 2010 as assured by the concerned State Governments.

9.26 The Committee strongly felt that all the problem areas pointed out by the Members, based on their first hand experience of ground realities needed to be looked into immediately. The Committee would appreciate if a survey of these areas as well as other similar areas was been taken up by the Ministry in co-ordination with the concerned States. Present norm of 40 children for Anganwadies on Demand may also be reviewed, specially in case of specific demands for relaxation of the same.

Pre-School Education Kits 9.27 The Committee was very disappointed with this state of affairs. It seemed that States were not interested in procuring the Pre-school Education Kits for their Children. The Committee would like to point out that these kits were a replacement for pre-parental education in nursery school. They could be considered an important tool for enhancing literacy at the end of class V. World-wide, it was an established fact that children having a certain minimum vocabulary before entering school had a higher chance of achieving literacy at the end of class V. The Committee, therefore, recommended that concerted efforts needed to be made so as to convince the States to include this very crucial component financial assistance for which is provided by the Centre. Special intervention for construction of AWC building 9.28 The Committee found that although funds were being duly released to all the States without fail, construction of AWC buildings had remained virtually on paper in respect of States of Meghalaya, Sikkim, Manipur and Tripura from 2004-05 onwards. What was more surprising was that inspite of Tripura contributing Rs. 1.25 lakh per AWC for construction of 801 AWCs, number of AWC buildings constructed in 2004-05 in the State was only 41 against a sanction of 640 AWC buildings. Thereafter, buildings were being sanctioned and funds being released without any construction taking place. 9.29 The Committee while appreciating the region-specific constraints of North-East States would like to point out that urgent steps needed to be taken by the Centre in co-ordination with the State Governments so as to resolve/lessen these problem areas. The Committee also strongly felt that local community along with PRIs mighted be motivated like the Young Mizo Association in Mizoram for taking part in this exercise. The Committee also recommended that this over-delayed construction work of AWC buildings might be got completed in a time-bound manner. 9.30 While appreciating the efforts of the Ministry, the Committee would like to draw its attention to the fact that the Report of the Thirteenth Finance Commission had already been presented to the Parliament. If the proposal had not been recommended by the Commission, the Committee strongly felt that the Ministry needed to approach the Planning Commission so as to ensure that this proposal was substantially included in the approach to the Twelfth Five Year Plan. Manpower under ICDS 9.31 The Committee took note of the factors like delays in administrative State sanctions and court cases behind the gap in the sanctioned and vacant posts of ICDS functionaries. The Committee felt that the Ministry should take up the matter of administrative delays with the concerned State Governments so that the shortfall in the required manpower is removed without further delay. Award Scheme for ICDS functionaries 9.32 The Committee wondered at the lack of interest on the part of State Governments in showing a motivational gesture towards their own workers inspite of all the expenses being borne by the Centre. Only effort to be made on their part is nomination of probable awardees. Awards were to be given for services rendered during a particular year. To facilitate a worker after such a big gap cannot be considered motivational in any respect. The Committee, accordingly, enjoined upon the Ministry to get this process expedited at all the levels and fulfill the objective of this positives initiative.

Honorarium for Anganwadi Workers and Helpers 9.33 The Committee desired that the Ministry should take up the matter with these States to ensure better support from them.

9.34 The Committee welcomed the initiatives like provision of uniforms for AWWs and Helpers and Insurance Scheme. However, these cannot compensate the low level of honorarium inspite of being enhanced recently. The fact remained that with the cost of living increasing day by day, interest of these grassroot level workers performing a very crucial task in taking care of young mothers and little children needs to be given the required importance. For this, more contribution from both the States and Centre was required.

Monitoring Mechanism

9.35 One issue which was raised again and again by the members during the discussions was lack of visible presence of MPs/MLAs, the public representatives in the district level monitoring committees of ICDS. Consensus of the Committee was that the very presence of MPs/MLAs in such bodies would not only make all the implementing agencies alert but would go a long way in ensuring the outreach of this Flagship Scheme to the targetted beneficiaries. The Committee, accordingly, recommended that the Ministry might take necessary action in this regard.

Rajiv Gandhi National Creche Scheme for the Children of Working Mothers.

9.36 On a review of the achievement level of the physical targets under the scheme, the Committee noted that outreach of this scheme had shown no expansion. Number of crèches and coverage of children had remained at the same level. The Committee had been persistently advocating for expansion of this scheme which was primarily meant to take care of children of working mothers with meagre income. The Committee was disturbed to note that instead of increasing, the coverage of this scheme had started showing a downward trend. The Committee found that during 2009-10, against a target of 31,718 crèches, only 26,177 crèches could be opened up to 31st December, 2009. As a result, number of child beneficiaries also stood at 6,54,425 against a target of 7,92,950 children.

9.37 The Committee was of the view that deficiencies like improper maintenance of records and registers, non-provision of supplementary nutrition, unsatisfactory coverage of children, irregular payment of honorarium to crèche workers, doctors not visiting the crèches regularly noticed by the monitoring agencies in the crèches being run by BAJSS were of a very serious nature. The Committee found that inquiry into complaints against the NGO is yet to be completed by the Vigilance Wing of the Ministry. The Committee was of the firm opinion that the inquiry should be completed at the earliest, followed by action against all the concerned agencies/authorities. 9.38 The Committee found that charge of 5522 crèches being run by BAJSS was temporarily transferred to CSWB on 18th November, 2009. It had been more that 16 months since then and CSWB which was already handling 20,893 crèches continued to have the additional charge of 5522 crèches. The Committee wondered whether the CSWB had the required manpower to effectively handle the additional responsibility. The Committee was somewhat surprised to note that as per the Annual Action Plan 2010-11, around 26,000 creches benefitting 4,12,875 children were targeted to be covered. This target showed a considerable decline when compared with achievement of 26,177 crèches with coverage of 6,54,425 children as on 31st December, 2009. This confirmed Committee’s apprehensions about 5522 crèches earlier run by BAJSS being non-functional. No other plausible reason seemed to be there for such a situation. The Committee would like to be apprised about the status of all the functional crèches. 9.39 The Committee noted that NIPCCD which was requested to prepare a Concept Paper suggesting revision in the existing scheme with a view to restructure the scheme, had submitted the paper on 2nd February, 2010. At present, an internal Committee of the Ministry was examining the Report. The Committee noted that the Concept Paper had recommended major changes in the cost norms, manpower requirement, inclusion of new components like Play and Sleeping Material Kit (PSE Kit), rent for crèche building, extensive training for the workers and monitoring on six monthly basis. The Committee welcomed these suggestions for improvement which were long awaited. The Committee would appreciate if the final decision on the Concept Paper is taken at the earliest and approval process was also expedited. The Committee noticed a major change suggested in the Concept Paper in the implementing agencies from CSWB and two NGOs to SHGs, Mahila Mandals, Women’s’ Organizations, Panchayats and Tribal Associations etc. under the supervision of the State Governments. The Committee felt that this is a step in the right direction. Scheme for welfare of Working Children in need of Care and Protections.

9.40 The Committee hoped that with Rs. 1.20 crore to be reimbursed on account of expenditure in 2009-10, the Ministry would be in a position to provide for the ongoing 118 projects as well as 10 to 12 new projects. 9.41 The Committee had been informed that NIPCCD had submitted its final draft Evaluation Report on the Scheme for Welfare of Working Children in need of Care and Protection to the Ministry on 1st January, 2010. The Committee was happy to note that as per the Report, more than 90 percent of the centres had been found to be providing all important services envisaged under the scheme. As a result, about 50 per cent of children had withdrawn from active work after joining the centre and 29.5 percent had joined formal education. The Committee hoped that suggestions for improvement like need for strengthening the infrastructure, capacity building measures, community involvement, enhancement of financial norms etc. would be looked into and necessary corrective measures initiated at the earliest. Integrated Child Protection Scheme 9.42 The Committee appreciated the lofty targets set for the implementation of the Scheme. However, getting the remaining States/UTs to sign the MOU specially due to the Scheme being on a cost sharing basis and setting up of Juvenile Justice Board,

Child Welfare Committees, Special Juvenile Police Units, Child Protection Services in 300 districts of at least 25 States would not be an easy task. Besides that, implementation of the Scheme in the 17 States which had signed the MoU would also have to be closely monitored, so as to tackle the initial problem areas. The Committee hoped that the assurance of the Ministry with regard to the speedy and accelerated implementation of the scheme holds true. 9.43 The Committee would like to be apprised of the number of beneficiaries/children these Homes in the 7 States are catering to. The Committee hoped that during 2010-11, substantive number of such Homes/Shelters would be covered under the Scheme. 9.44 The Committee found that the Inspection Committees were being set up by the respective State Governments under ICPS. The Committee apprehended that so far this very important monitoring mechanism envisaged under the Juvenile Justice (Care and Protection of Children) Act, 2000 was not there in position or not effective, if existed in majority of the States. The Committee strongly felt that in the absence of constant and rigorous monitoring, the very objective of all such homes, i.e., protection of vulnerable children would remain on paper inspite of lofty schemes and substantive funding. The Committee, therefore, recommended that the Centre had to play a pro-active role in getting the monitoring mechanism of Inspection Committee and activated in the real sense. The Committee would appreciate if publicity to services provided by these Child Lines is given in the cities from where these are operating on a regular basis through both print and electronic media. 9.45 Attention of the Committee had been drawn to the plight of children of sex workers, child labourers and child beggars. It had been observed that these children were a vulnerable lot without proper housing, food and schooling. Rehabilitation of such children becomes important. The Committee was of the view that special provisions and reservations should be made for including these children in the list of beneficiaries of the Integrated Child Protection Scheme. While welcoming this proposed expansion, the Committee would like to point out that ideal position would be when his facility was made available across the country. The Committee, therefore, recommended that concerted efforts might be made by the Ministry in persuading all the State Governments to give maximum coverage to Child Line Services.

Scheme of Hostels for Working Women 9.46 The Committee had been given to understand that Ministry had started a case by case review of all incomplete projects and had advised the State Governments in 13 cases to recover the amount of grant disbursed along with prescribed interest failing which they had been advised to take over the premises for use of any activity related to welfare of women and children. The Committee was satisfied with the pro-active action initiated by the Ministry against the defaulting organizations. The Committee recommends that action against all defaulting organizations should be initiated. Efforts should be made to complete the incomplete projects so that the objective of the scheme is not defeated. 9.47 The Committee was of the view that three years of the Eleventh Plan were already over and the process of revision of the Scheme still remained incomplete. Concerted efforts had to be made to overcome procedural difficulties and ambiguities. The Committee hoped that with new components of maintenance grants, grant for hostels in rented buildings, accreditation of PG like accommodation, grant for initial furnishing etc., the revamped Schemed would go a long way in reaching the targetted beneficiaries in the real sense. The Committee was also happy to note that under the new Scheme, endeavour would be to streamline the process of scrutiny and approvals so that the time-lag between the receipt of applications and their approval/rejection was cut down significantly. The Committee would also like to point out that a mechanism whereby both surprise and regular inspections of functional hostels were carried out, needed to be evolved. This would ensure that the Scheme is benefitting the targetted beneficiaries.

9.48 The Committee would like to draw the attention of the Ministry towards areas where there were numerous industries forming an industrial hub but there were no provision of hostels for working women due to which women did not opt to work in such areas which offer ample employment opportunities to them. Further, only 887 hostels sanctioned did not cater to the needs of all the working women across the country. Therefore, the Committee recommended that additional hostels for working women should be sanctioned especially in areas left uncovered so that more and more number of women were benefitted from the scheme. Central Adoption Resource Agency (CARA)

9.49 The Committee was given to understand that the budget for the years 2008-09 and 2009-10 could not be utilized due to human resource deficit in the organization. Moreover, the Action Plan for the year 2009-10 was approved by the Management Committee of CARA only in the month of January, 2010 because it was not in place since April, 2009. Hence, no activities could be carried out prior to January, 2010. The Committee had been informed that the post of Secretary, CARA had been filled on a regular basis after almost five years. The Committee was not convinced with the justification given by the Ministry. The Committee expressed its doubt whether CARA would be able to fulfill its obligations in view of human resource deficit in the organization. The Committee also found the allocation for CARA inadequate for carrying out a number of functions and therefore recommended for increase in allocation for the organization.

9.50 The Committee would like to know the reasons for reductions in number of adoptions over the last three years. The Committee observed that such a state of affairs was probably due to human resource deficit in CARA and delay in finalization of Action Plan of 2009-10 and its inability to carry out its most important function i.e. of facilitating adoptions. The Committee hoped that with the post of Secretary being filled up and the Action Plan ready for the year 2010-11, CARA would be able to utilize the allocated funds and the year 2010-11 would witness an increase of inter-country and in-country adoptions.

9.51 The Committee hopes that the hindrances faced by CARA at present in cases of inter-country adoption like judicial delays, clearances from CWC declaring children legally free for adoption and illegal adoption/direct adoption will be taken care of in the revamped scheme. Rasthtriya Mahila Kosh (RMK)

9.52 The Committee appreciated the initiative of the Government regarding restructuring RMK so that its corpus was raised to Rs. 500 crore which was likely to benefit many more poor women who would be able to earn their living by themselves. The Committee would like to be apprised as to when this process of restructuring would be complete and what new components more beneficial for the targeted beneficiaries (like the rate of interest at which the loan would be given would be included in the restructured RMK. 9.53 In view of restructuring of RMK, the Committee would like to point out that the need of the hour was to focus on better management of the portfolio of the poor women and improving the overall chain which converted the viable ones into genuine women entrepreneurs. Micro-finance organizations should identify the needs of the poor women, their saving capacity and time period and mode of repayment of loan. It was time to explore more about the whole philosophy of micro financing and successful experiences in the international context. 9.54 As per the details furnished by the Ministry, out of Rs. 30.30 crore sanctioned in 2008-09, Rs. 26.47 crore was disbursed to Rs. 36, 166 beneficiaries. Similarly, during 2009-10, against a sanctioned amount of Rs. 9.01 crore, Rs. 11.91 crore were disbursed, number of beneficiaries being only 9904. State-wise details indicated that during these two years, there were States where funds were sanctioned but there were no disbursements inspite of beneficiaries reported. There were also States where no sanction was there but disbursements were duly made with no details of beneficiaries. It seemed that exact figures of beneficiaries during 2008-09 and 2009-10 inspite of disbursement of loans had not reached the Ministry so far. The Committee apprehended that position about the previous years may also be on the same lines. The Committee would like to have full details about funds sanctioned, loan disbursed, number of beneficiaries, number of implementing agencies involved, non-disbursed amount available with the NGOs at the beginning of the years for the last three years (State-wise). The Committee would also like to understand in which States reach of RMK is not evident so far. 9.55 The Committee believed that there should be a stipulated time frame for completing the proceedings against these erring NGOs. Also, strict monitoring of the NGOs should be an important component for the real assessment of the performance level of the scheme. The Ministry is contemplating to adopt the system of on-line monitoring of the projects sanctioned. The Committee believed that on-line monitoring of the projects would help in bringing about transparency in the whole process and detailed information about disbursements, releases to NGOs, utilization figures, number of beneficiaries etc. should be updated on the website of the Ministry at regular intervals. Simultaneously, keeping in view the blacklisting of a large number of NGOs, the Committee was of the view that a viable mechanism of inspections (both regular and surprise) at periodic intervals involving both States authorities and officers from the Ministry needs to be evolved. Local community, PRIs etc. can also be involved in this exercise. Condensed Courses of Education for Women

9.56 The Committee wonderd whether this utilization was towards clearance of past liabilities only and would like to be apprised of the number of beneficiaries in 2009-10. The Committee would like to draw the attention of the Ministry towards the utilization status of allocated funds during 2007-2008 and 2008-09. Against a provision of Rs. 14.00 crore during these two years, funds amounting to only Rs. 7.60 crore could be utilized. The Committee was, therefore, not fully convinced by the clarification given by the Ministry for targeted beneficiaries not being covered during 2009-10. The Committee was of the view that funds should be fully utilized in an optimum and judicious manner and set targets should be achieved within the specified time period. 9.57 The Committee hoped that this allocation would be fully utilized and 800 courses would be conducted during 2010-11. It also hoped that unlike 2009-10, this financial year would not just witness the clearance of past liabilities. The Committee found monitoring of the scheme was being done both by State Boards and CSWB. The Committee would like to have a Status Report on the NGOs not performing well during the last three years identified by the Monitoring Officers along with follow-up action (State-wise) The Committee had been given to understand that on an average 50 per cent beneficiaries under the Scheme

were being provided placement. The Committee would like to have an idea about the States showing good results in this vital component of the school. Scheme for relief to and rehabilitation of Rape Victims 9.58 The Committee would like to point out that considerable time had already been taken in the formulation of the scheme. Almost one plan period had been taken for this exercise. The Committee apprehended that formal approval of the scheme from competent authority would also have to undergo a number of stages which again was a protracted exercise. The Committee, therefore, would like to impress upon the Ministry to make all conceivable efforts for expeditions completion of all the preparatory activities so as to ensure the launch of this much-required scheme by the end of the Eleventh Plan. 9.59 The Committee felt that a beginning had to be made for launch of this scheme even if at a small scale. In the meantime, the Ministry had to make all out efforts for getting the funds as required under the scheme. The Committee also recommended to the Ministry for working out a set of guidelines for ascertaining whether the cases brought forward are genuine and assistance is provided to the victims as envisaged under the scheme.

National Commission for Women (NCW) 9.60 The Committee was aware that the National Commission for Women was the only national level authority having the mandate of protecting the rights of women across the country. The most crucial task assigned to the Commission was to investigate specific problems or situations arising out of discrimination/atrocities against women. However, the Committee felt that the Commission had not succeeded fully in carrying out this mandate. This was borne out by the status of complaints received by the Commission. As per the information made available to the Committee, out of 15,854 complaints registered with the Commission during 2007-08 and 12,895 complaints during 2008-09, 1781 and 1166 complaints are pending respectively. The Committee found the details of complaints on which Action Taken Reports from concerned authorities were still pending as more disturbing. Out of 8640 and 7509 complaints registered in 2007-08 and 2008-09 respectively, ATRs, were pending on 5610 and 4679 complaints respectively. This clearly showed that the matter had not proceeded beyond the complaint registered with the Commission and sent to the concerned authorities for necessary action. Therefore, it would not be wrong to conclude that no relief whatsoever had been provided to the victim in such a case. The very fact that a very large number of complaints from 2007-08 and 2008-09 continued to remain pending defeats the very purpose of mandate of safeguarding the rights and interests of women folk of the country, with which the Commission had been entrusted. The Committee could well imagine the fate of 13,696 complaints registered with NCW (as on 31.01.2010) during 2009-10. The Committee strongly felt that the National Commission for Women needed to be empowered so as to be in a position to take conclusive action in cases relating to redressal of grievances received from victims. The Committee therefore, strongly felt that the National Commission for Women had to play a proactive role in such matters. Merger of Scheme of Swadhar and Short Stay Home

9.61 The Committee was of the view that the merger of these two schemes with almost similar objectives was a step in the right direction. However, many aspects like financial norms, new components, monitoring mechanism etc. would need to be taken into consideration for the implementation of the merged scheme The Committee hoped that the Ministry evaluated all aspects of both the schemes carefully before its implementation. The Committee was doubtful about the implementation of the merged scheme in the year 2010-11. The Committee also wondered by when the process of signing of MOUs with State Governments would be undertaken. The Committee could only hope that the new scheme would be finalized at the earliest and all formalities would be completed and approvals obtained so that there was no undue delay in the implementation of this merged scheme which was the only support for many marginalized women in the country.

Comprehensive Scheme for Combating Trafficking (UJJAWALA)

9.62 The Committee was unhappy over under-utilization of funds for this scheme for the last three years. The Committee was of the view that problem-areas in the implementation of the scheme should be identified and solutions looked for. The Committee believed that valuable inputs and help can be taken from NIPCCD which conducts orientation courses, sensitization programmes etc. with respect to this scheme. The Committee hoped that the Ministry would take concrete steps for optimum and judicious utilization of funds for a vital scheme like this. The Committee hoped that the allocation of Rs. 10.00 crore for 2010-2011 would not remain under-utilized.

9.63 The Committee found that achievement of targets was comparatively better in 2008-09 than in 2009-10. In 2009-10, against the target of 12,850, only 2800 benefited from the scheme. Also, against the target of 150 (new) and 107 (existing) proposals for projects to be approved, only 40 (new) and 39 (existing) proposals were approved.

9.64 The Committee believed that the scheme was the only scheme to prevent trafficking, rescuing and rehabilitating victims etc. This scheme should be implemented with a vigour as it helps in giving new life to the victims of trafficking. Concerted efforts should be made to achieve the targets set and benefit maximum number of women and children. Care should be taken to handle the cases with utmost sensitivity and avoid harassing of victims. The Committee, further, recommended to the Ministry to set up a Special Cell to monitor human trafficking, particularly among girls and women. Provision for taking care of children of trafficked women should be made so as to give these children basic education, housing etc. to enable them to lead a normal life. Conclusion

9.65 The Committee while reviewing the allocation, utilization trends and performance of various schemes administered by the Ministry, found that utilization of allocated funds had been more or less satisfactory. The Ministry, however, needed to monitor the implementation of schemes as many schemes could not accomplish their set targets, with special focus on the implementing agencies like the NGOs. The target groups of the schemes of the Ministry were women and children and they were the most vulnerable section of our society and they need to be addressed with utmost care and sensitivity. The Ministry needed to lay emphasis on the timely implementation of its new schemes and the revamping of the schemes under process. The Committee believed that concerted efforts of the Ministry would certainly lead to the evolution of an efficient delivery mechanism with minimum hindrances.

(b) 220th Report

Introduction 9.66 The Committee appreciated that the Ministry had undertaken review of certain schemes such as NYKS, NSS, Youth Hostels etc. through studies done by reputed institutions. The success of these studies was directly related with the effective monitoring mechanism for supervising the activities or otherwise these studies would remain more as futile exercises undertaken by the Ministry, reaching nowhere. At the same time, Committee was of the opinion that there was general lack of awareness about manifold activities of NYKS and recommended focused publicity to attract more and more youth towards its programmes. More and more activities should, therefore, be planned for youth living in villages and rural areas. The Committee would like to keep a track of activities to be carried out under the auspices of National Youth Corps and Rajiv Gandhi National Institute of Youth Development (RGNIYD). Budgetary Allocation 9.67 The Committee in the past had time and again been recommending higher allocation for the Ministry in general and the Department of Sports in particular. It was a matter of satisfaction that not only the allocation of the Department had increased but the utilization level was also quite satisfactory. The Committee hoped that the Department would continue its sustained efforts in optimum utilization of the enhanced allocations. The Committee was, however, not happy with the fund utilization status in the Department of Youth Affair, which had been approximately 56% in 2007-08, 70% in 2008-09 and about 76% (Up to 28th February, 2010) in 2009-10. Under utilization of funds was indicative of poor implementation of the schemes and lack of proper monitoring mechanism. The Department’s projections before the Planning Commission for higher allocations became weak once the utilization figures are poor. How could the department stake claim for enhanced outlay when there was under utilization of funds. The Department needed to set its house in order with better fiscal management techniques backed up by strong monitoring mechanism to ensure that the outlays was utilized optimally and then approach the Planning Commission with requisite supporting documents to prove its claims for hike in allocations. Given the poor rate of utilisations in the past, the allocations provided to the Department are quite justified. Nehru Yuva Kendra Sangathan (NYKS) 9.68 The Committee recommended that focused publicity so as to attract more and more youth power towards NYKS programmes needed to be taken up as a priority. Secondly, the Committee would appreciate if more and more activities were planned exclusively for the youth living in villages and rural areas. Another initiative which could be taken by the NYKS was setting up of Youth Service Centres in the Universities, which could take care of needs, both personal and educational of the young students. These centres could be the windows for building up leadership qualities, sense of patriotism and social service in the college students. The Committee would be happy if the Department takes up this matter with the M/O HRD. 9.69 The Committee failed to understand the reasons for plan allocation for NYKS remaining less than half of the proposed outlay during the plan period. The Committee found that in spite of a projected requirement of Rs.150.00 crore for 2010-11 being made by the Department, plan allocation had been kept at Rs.92.00 crore. With only one year of Eleventh Plan, the Committee could conclude that proposed outlay of Rs.890.00 crore made for NYKS for the Eleventh Plan will remain on paper only. The Committee would like to point out that before arriving at final figures of Plan outlay for any scheme, extensive

analysis of past track record of utilization, capacity of the implementing agencies and the most important of all, genuine requirements based both on implementation of the scheme in true spirit and broad policy parameters is carried out. Thereafter, it was for the Department to convince the Planning Commission / Ministry of Finance for allocation of funds as per plan outlay and projected requirements. The Committee was, however, disappointed to note that the Department had so far not shown any success on this front. Rather it had weakened its case by not showing optimum utilization of allocated funds. The Committee would, therefore, like to impress upon the Department to make all conceivable efforts for optimum and judicious utilization of allocated funds of Rs.92.00 crore for 2010-11. At the same time, it also needed to make every attempt to convince the Planning Commission / Finance Ministry for additional release of funds at the RE Stage. 9.70 The Committee appreciated the follow up action on some of the recommendations made by the IIM, Ahmedabad. Increasing the number of Zonal Offices of NYKS from 18 to 28 and strengthening of State & District level Advisory Committees on Youth Programmes could be considered a step in the right direction. Effective monitoring mechanism for supervising the activities of Kendras spread across the country had to be there, otherwise there were chances of main objective of such a vital programme getting diluted were very much there. 9.71 The Committee was inclined to agree with the Department’s stand that both additional posts and funds are required for operationalisation of a Kendra in the real sense. The Committee would also like to point out that already 413 posts are lying vacant under NYKS. In such a situation, creation of required posts for the proposed Kendras is essential. The Committee strongly felt that for setting up new Kendras, functional Kendras being deprived of the required staff was a solution worse than the problem. The Committee, therefore, recommended that the Ministry of Finance needed to make available the required funds and also gave its approval for required posts. One must not forget that youths residing in these uncovered 123 districts also belong to the country. 9.72 The Committee observed that despite a number of administrative and structural changes under process in NYKS, the large number of vacant posts that too at DYC level was a matter of serious concern. NYKS had already faced a lot of criticism in earlier selection process of DYC posts held in 1996 after which no recruitment had taken place. With the proposed expansion programmes covering 123 more districts across the country, the present level of vacant posts cannot be allowed to continue. The Committee would like NYKS to expedite revision of its recruitment rules so that process for fresh recruitment could take place to fill up the vacancies. Filling up these vacancies should be the priority area for NYKS in case it wishes to achieve its objective in real terms. 9.73 It further recommended setting up an advisory committee at the apex level in which peoples representatives should be included to chalk out a programme sheet. The Committee would like the Department to devise a focused programme on anti-terrorism measures under NYKS by training the youth, with a view to involve them in national development so that they could come back to the mainstream. The very objective of NYKS should be to develop qualities of citizenship and community development and also engage rural youth in national building activities, training and research in youth development. 9.74 The Committee would like the Department to conceive and formulate State specific activities in consultation with Governments so as to increase the level of education and general awareness among the youth. 9.75 The Committee would like the Department to review the functioning of these clubs and formulate a concrete plan to reactivate and rejuvenate them in case the noble objectives of NYKS are to be achieved in true sense. In fact, the monitoring mechanism under NYKS needed a complete overhauling to strengthen the delivery system. The study of IIM, Ahmedabad might be containing the road map to undertake such review exercise.

National Service Scheme (NSS)

9.76 The Committee expected the exercise to be completed within a specific time-limit so that follow-up action is not delayed further. The Committee was of the view that with the expansion of higher education in the recent years and with Right to Education Act coming into force, the number of targeted students under the scheme is going to increase substantially. Even otherwise, the coverage of only 8174 schools and 14,698 colleges showed a considerable gap between eligible students and those enrolled under the scheme. Details of universities and colleges covered presently under NSS also seemed to indicate that professional colleges like medical and engineering colleges which had shown a phenomenal growth over the recent years have perhaps remained outside the purview of the scheme. If that be so, Committee could conclude that a vast potential of our youth had remained devoid of positive impact of NSS which had creation of social awareness as its main objective, the need of the hour. 9.77 The Committee was not fully convinced by the reason given for coverage of NSS remaining static. The Committee would like to draw the attention of the Department to the Eleventh Plan outlay of Rs.850.00 crore for NSS. Reasons for Budget provision of Rs.52.60 crore in 2007-08 and Rs.86.00 crore each in 2008-09 and 2009-10 much below the plan outlay of Rs.129.74 crore (2007-08), Rs.156.00 crore (2008-09) and Rs.172.00 crore (2009-10) were not known to the Committee. Not only this, no change was reflected in the provision of Rs.92.00 crore against a plan outlay of Rs.189.00 crore. It seemed that the

Department had failed to convince the Planning Commission / Ministry of Finance about its required Projection of Rs. 150.00 crore. Trend of utilization of allocated funds during 2008-09 and 2009-10 lent credence to Committee’s assessment. Plan allocation of Rs.86.00 crore in 2008-09 was to be brought down to Rs.54.51 crore at the RE stage and expenditure reported at the end of the year was Rs.47.31 crore. In 2009-10 also, utilization figured up to 06.03.2010 stood at Rs.56.95 crore against an allocation of Rs.86.00 crore. 9.78 The Committee was of the view that required action would be initiated by the concerned authorities on this very crucial observation made in the evaluation study. 9.79 The Committee would like the Department to persuade the States in expediting the disbursement certificate as it would help them to secure the second installment of NSS grants. Long pendency in settlement of accounts would do more harm than good for the scheme. At the same time, it was also required to understand the reasons behind the States’ inability to adhere to the basic financial norms. 9.80 The Committee would like to have an idea about the number of self-financing units set up, their locations and also their performance level. The Committee found that most of the replies from the Department particularly those relating to social and nation-building activities under NSS do not give clear picture thereof. It would have been more comfortable with more specific and precise replies. National Discipline Scheme 9.81 The Committee failed to understand as to why so much liability had accrued even after the scheme was transferred to the States 38 years back. It cannot be that all the 6145 NDS Instructors have continued to remain in service for such a long period. The Committee had been informed that reimbursement to the States is based on the projection of liability towards payment of salary and allowances to NDS Instructors by the respective State Governments. The Committee wondered whether the Department was aware about the exact number of Instructors in each State and salary/allowances payable to them. The Committee also doubted whether any assessment about the number of times pay structure of these Instructors might have undergone a change all these years. The Committee would appreciate that before the release of committed liability, an attempt is made by the Department to have an idea about the quantum of committed liability released so far, number of NDS Instructors covered there under, basis of outstanding committed liability along with number of NDS Instructor (State-wise). One must not forget that Government funds were to be duly accounted for as per the well-established financial norms. The Committee expressed its deep concerns about the never ending liabilities and would like that accountability part of concerned officials be established and an action taken report be furnished to the Committee within one month of the presentation of the report.

Youth Hostels 9.82 The Committee was not convinced with the maintenance level, leave alone the pace of construction of Youth Hostels. 9.83 The Committee opined that the difficulties mentioned by the Department were inter-related. With shortage of manpower and funds, management and maintenance of youth hostels was bound to suffer. Further the location of youth hostels was directly related with their occupancy and revenue generation. Out of 55 hostels appraised by Youth Hostel Association of India, 46 hostels had been rated poor or bad for one reason or the other. The Department had proposed changes in the management, structure, appointment of Receptionist cum caretaker, maximize bed capacity, changes in norms of burnishing youth hostels and enhanced financial ceiling for renovation and redesigning work of youth hostels. It was a matter of surprise for the Committee to know that the youth hostels were being run without Caretakers and Receptionists. How could the management and maintenance of youth hostels be possible in the absence of a Caretaker? The Committee also felts that the proposed rate of honorarium for manager and receptionist is quite meagre to attract professionally qualified people. This amount needed to be increased appropriately. In addition to these corrective measures, the Committee strongly felt that there was a need to take a comprehensive review of all these under-performing Youth Hostels based on the findings of Youth Hostel Association of India in coordination with all the concerned authorities at all levels so that these Hostels can also be rated as good performing hostels. 9.84 The Committee recommended that the Ministry should take positive and concrete action on the suggestions provided in the study report of International Youth Association with regard to the functioning of the youth hostels. National Youth Corps

9.85 It was satisfying to note that 8000 volunteers out of 20,000 would be deployed in Jammu & Kashmir, a State where it was very important to bring the youth into mainstream and inculcate in them the feeling of national building. The proposal to deploy a sizeable number of volunteers in North East States would help in arresting the sense of alienation which had cropped up amongst the citizens of this area due to alleged neglect of the region over the years. The Committee would like to keep a watch on the implementation of this useful scheme.

Rajiv Gandhi National Institute of Youth Development (RGNIYD)

9.86 The Committee would like to understand the reasons for withdrawal of ‘Deemed University’ status from the Institutes. National Programme for Youth and Adolescent Development 9.87 The Committee would also like to point out that under the revised scheme also trend of pending UCs had started. There were 75 pending UCs for 2008-09. Remedial measures in the initial stage of the scheme needed to be taken otherwise this problem would continue to aggravate. Scheme of Assistance to National Sports Federations 9.88 In the opinion of the Committee, the popularity level of sports except cricket was very low and the federations could have contributed to raise the standard and popularity of different games by a number of innovative measures. Panchayat Yuva Krida aur Khel Abhiyan (PYKKA)

9.89 The Committee felt that important schemes like PYYKA with its noble objectives to provide infrastructure in rural areas, which had so far remained utterly neglected, could not be operated, with such a shaky and casual approach. Be that as it may be, there were still two full financial years available within Eleventh Plan period for the Ministry to make up the time lost and implement the scheme in a mission mode. The implementing agencies would have to exhibit the extra level of commitment and vigour in achievement of targets so that the shortfalls so far noticed in the delivery of performance are bridged. The Committee hoped that the Department would adopt a proactive and pragmatic approach for better performance during the remaining period of plan. Promotion of Sports among Disabled. 9.90 The Committee expressed its displeasure over the casual manner in which the scheme was being handled. It strongly felt that the scheme for Sports and Games for disabled needs to reach the targeted beneficiaries. One must not forget that creation of exclusive sports facilities for the disabled not only would help in boosting the confidence level of sportspersons who are not at the same level as normal sportspersons for no fault of theirs but would also indirectly help in bringing them in the mainstream of society. Urban Sports Infrastructure Scheme 9.91 The Committee would appreciate if the Department played a proactive role in monitoring the completion of all the pending projects in the erstwhile schemes for want of funds all these years. The Committee was also hopeful that the new scheme would get the approval within the time frame indicated by the Ministry so that necessary funds for infrastructure projects in urban areas could be released in time. National Sports Development Fund 9.92 The Committee was not satisfied with the maintenance and operation of the fund. The Committee found that the contribution from private sector had been negligible and no NRI had come forward for this noble cause. The Ministry’s argument that many private sector entities and NRIs assisted the sports persons and sports activity directly in their own independent way cannot be denied. But it was also very obvious that the failure of the Department in mobilizing private contribution indicates that necessary serious efforts had not been made to motivate private entities particularly big business houses through different Chambers of Commerce. The Department did not even contemplate to use the Pravasi Diwas platform for raising contributions from NRIs. Another discouraging development noticed by the Committee was that the Department had managed only 50 per cent matching grants of the total corpus in NSDF. The Committee was not ready to buy the argument of the Department that contribution was made by it in a phased manner depending on overall approved budget of the department. It rather reflected the somewhat casual approach of the Department towards this very important corpus, which if successfully handled could generate sizeable funds which could benefit our meritorious sportspersons. The Committee, therefore, recommended that the matching contribution from the Government should be released in the current financial year itself. National Welfare Fund for Sportpersons.

9.93 The Committee, however, felt that perhaps the scheme lacks the reach to rural and remote areas. Persistent Efforts had to be made to provide wide publicity of scheme through print and electronic media in addition to the Ministry’s website and other useful links in order to create awareness of the Welfare Fund. Scheme of Pension to Meritorious Sportspersons 9.94 The Committee was of the view that this Scheme needed to be extended to those sportsperson, who won medals in various national championships. Such an initiative would indirectly lead to drawing more and more young talent towards sports. National Championship for Women 9.95 The Committee understood that the Flagship Scheme PYKKA itself had not taken off as it should had been. Merging other schemes into it may not be a good idea. Moreover, this scheme was specifically for women. Merging it with PYKKA, which was primarily for rural areas, this scheme would lost its identity. 9.96 Before a decision was taken to subsume this scheme in PYKKA, the Department also needed to review this scheme itself in order to strengthen it. The other viable option could be that sports disciplines for women in urban areas were specifically covered under proposed Urban Sports Infrastructure Scheme as a separate component. Grievance Redressal Mechanism 9.97 The Committee desired that Ministry may set up a regulatory body / grievance redressal cell that would look into all aspects of the problems faced by the sportspersons, coaches, sports federations, NGOs, schools, colleges and other sports bodies receiving grant from the Government. This would not only help in confidence building among the sportspersons but would also bring down the grievances of all affected sportspersons / sports bodies / agencies implementing sports programmes. Coaches 9.98 The Committee felt that the most crucial aspect for preparedness of our sportspersons in different sports disciplines had remained the most neglected one so far. Lack of qualified and experienced coaches clearly indicated that our country still lags behind when compared with other countries performing well in sports arena. The Committee once again enjoined upon the Department to give top priority of building up required number of coaches. One must not forget that in the recent decades things have changed significantly in sports also. To compete with well-trained sportspersons, the basic requirement was to have qualified experienced cadre of coaches which was also satisfied with its service conditions. Commonwealth Games-2010 9.99 The Committee hoped that the Ministry had taken care of this cost escalation factor while reducing budgetary allocations for 2010-11. It would like the Ministry to furnish a comprehensive statement showing the initial cost projections and the revised one, project-wise including the reasons for delay and hike in cost in its Action Taken-Notes. 9.100 The Committee was of the considered views that since it would be Government money to be used by the Organising Committee for conduct and delivery of the Games, any revenue generated should be utilized for the benefit of the sportspersons and development of sports. The Committee would like the Ministry to prepare action plan including the modalities on usage of the revenue generated during the Games and share the details with it. (c) 221st Report

Budgetary Allocation 9.101 The Committee noted that plan allocation of Rs. 71,191.00 crore for the first three years of the Eleventh Plan had substantially exceeded the total utilization of Rs. 51,139.00 crore in Tenth Plan. The Committee, however, found that unlike Tenth Plan, pace of expenditure of allocated funds during the first three years of the Eleventh Plan had not succeeded so far in full utilization. Not only this, BE provision in 2008-09 and 2009-10 had to be brought down at the RE stage and by the end of the year, the reduced allocation remained under-utilised. The Committee also observed that substantial expenditure of allocated funds occurred during the last quarter of the year. What was more worrisome was that this trend was noticed in all the major schemes of the Department, with the exception of one or two schemes where Budget allocation was not reduced at the RE stage. 9.102 While appreciating the inherent constraints faced in the implementation of some schemes, the Committee would like to point out that under-utilization and uneven spread of expenditure in respect of major schemes viz SSA, MDM Adult Education and Teachers’ Training during 2009-10 calls for some serious introspection. Total Plan allocation of Rs. 31,036 crore for 2010-

11 showed a substantial enhancement when compared with RE allocation of Rs. 24,500 crore in 2009-10. The Committee, therefore, would like the Department to make concerted efforts to ensure maximum utilization of allocated funds in the remaining two years of Eleventh Plan Period so as to ensure the achievement of the universalisation of education in the real term. 9.103 The Committee noted that in respect of Grants released upto March, 2009, number of Utilisation Certificates outstanding as on 31st January, 2010 is 1602 involving an amount of Rs. 1619.86 crore. Similarly, as on 30th September, 2009, Unspent Balances amounting to Rs. 1569.20 crore were available with State Governments/UTs and with other implementing agencies, unspent balances of Rs. 3166.26 crore were available. 9.104 The Committee was fully aware that quite a few major schemes having a variety of components and involving huge amounts were being administered across the country. Therefore, one could not rule out the trend of pending UCs and Unspent Balances. But it had also to be kept in mind that all these schemes were to be run in accordance with well-established Annual Action Plan. Availability of unspent balances clearly indicated that all the targeted beneficiaries were not being covered as envisaged. Secondly, pendency of UCs clearly indicated that all the financial norms were not being strictly adhered to. The Committee would, therefore, like to remind the Department once again to be more vigilant in realising its fiscal responsibility. It was incumbent upon the Department to take up the issue of unspent balances with the State Governments with due sincerity to ensure that the allocated funds were utilized judiciously. Sarva Shiksha Abyiyan Achievements under SSA 9.105 The Committee understood that the Sarva Shiksha Abhiyan had played a crucial role in the universalization of elementary education both in terms of access and retention of the children in the targeted age group in the Schools. It equally appreciated the gigantic task involved in the process in view of the unique socio-cultural background and geographical variations throughout the country. The Committee opined that whatever may be the hindrances, the objective of universalisation could be achieved through SSA as main stay in Inclusive Education for all. With that objective as the motto, it was important that no group or area of the country was left out of the reach of SSA.

Status of Goals of SSA

9.106 Department’s claim of 114.6 GER at primary level was contested by a study commissioned by Ministry of HRD showing 81 lakh children out of school in the age group 6-14. Out of 81 lakh, 61 lakh children did not attend any form of schooling. The GER at upper primary level in 2007-08 was also quite low at 77.5 only. The Committee noted with serious concern the above issues and the fact that the target year viz 2005 had long elapsed and the first goal of Sarva Shiksha Abhiyan was still elusive. The Committee concluded that despite focusing on universalization of primary education for a long time we had not been able to achieve this goal in the real sense. It would like the Department to look into the issue more earnestly and take corrective steps to improve GER. 9.107 As per the findings of a study commissioned by MHRD in 2009 among the different social groups, the estimated percentage of out of school children is 5.20% for STs, 5.96% for SCs, 2.67% for OBCs and 4.6% for the Girls. Going by the available statistics, it could safely be concluded that the goal of bridging gender and social gaps in elementary education was still a distant dream. The Committee re-emphasized that the Department took corrective measures to bring all the social groups within the schooling fold.

9.108 The Committee was compelled to believe that by the time children reach class VIII almost 50 per cent of girls, SC & ST children drop out of the school thus leaving the goal of 100 per cent retention in schools almost practically impossible. For that matter the target of universal retention even in near future would be difficult to achieve.

9.109 The Committee would like the Department to focus its educational plan and policy on this biggest problem if it desired to achieve one of the cherished goals of SSA i.e universal retention by 2010.

9.110 The Committee was unable to comprehend the reasons for increasing number of out of school children in these States. In Delhi alone, around 40,000 children were added in out of school children category within a gap of four years. The Committee was not convinced with the justification given by the Department that in Metro Cities like Delhi and also in the other cities, the increase in out-of-school children was due to increased migration of work force. Same yardsticks could not be made applicable to metro cities like Delhi and states like Jammu & Kashmir, Mizoram and Tripura. The Committee hoped that some tangible result would be available after this issue was taken up with the concerned States during their Annual Work Plan & Budget Discussion (2010-11). The Committee also observed that despite significant improvement, number of out of school children in States like Bihar (13,45,697) Uttar Pradesh (27,69,111) and West Bengal (7,06,713) was still quite high. The Committee would appreciate if these States were also approached on this very crucial issue.

9.111 In view of the above scenario, the Committee strongly felt that during the last two years of the Eleventh Plan Period, the Department had to carry out the implementation of all the components of SSA in all the low retention districts and districts having SC/ST population in a mission mode. The Committee called upon the Department to conduct specific survey in these districts to find out the reasons for such high drop-out rate and take corrective measures accordingly. The Committee, therefore, recommended that the Department should constantly keep on monitoring the progress being made in these districts. Only then, it would be possible to reach the goal of SSA in the real sense. Infrastructure Development under SSA 9.112 The Committee was happy with the overall achievements under all these components. The Committee would, however, like to point out that overall achievement level under different infrastructure related components of SSA does not depict the ground realities fully. Out of 2,42,608 school buildings reported to be constructed and in progress, construction process was continuing in respect of 37,050 school buildings. Similarly, 1,62,675 additional classrooms were being constructed out of 10,33,719 additional classrooms reported to be completed and in progress. Same was the status of toilets where out of 2,88,706 toilets constructed and in progress, as many as 31,485 are yet to be completed. With regard to 1,88,198 drinking water facilities, construction work in 5,822 places was still going on. 9.113 The Committee felt that infrastructure and ancillary facilities were the initial blocks in building a strong base of education and therefore procedural delays for various approvals were unacceptable excuses in achieving the goals of the Sarva Shiksha Abhiyan. The Committee was aware that many schools were running without proper infrastructure, rooms, drinking water, sanitation facilities etc and the Department cannot afford to ignore such inadequacy of infrastructure at primary and upper primary level. The Committee had been given to understand that the constraints of States including those relating to policy matters were reviewed in quarterly performance review meetings held with States under various interventions of SSA. The Committee was of the view that constraints as indicated by different States could be easily removed if taken up with the concerned authorities at the highest level. All these so called problem areas needed to be resolved by the States. Department had to play a more pro-active role in such matters.

Quality under SSA

9.114 SSA also provided for learning enhancement through introduction of early reading and early mathematics programme. However, inspite of all these initiatives the ground reality presents a poor picture. It was widely reported that the students of higher class could not read text books of lower class indicating a very poor quality of education being imparted to the children. (Para 3.5.1) 9.115 The Committee took note of the constitution of the National Resource Group for Quality-Education which will be advising the SSA on quality aspect of the elementary education. Committee’s attention had also been drawn by some innovative quality programmes initiated by the States for enhancement of learning such as Children’s Learning Acceleration Programme for Sustainability (CLAPS) of Andhra Pradesh, Bidya Jyoti of Assam, Bodhi Viriksha of Bihar, Aadhar of Himachal Pradesh, Buniyad and Buniyad plus of Jharkhand, Nali Kali of Karnataka, Noottukku Nooru of Kerala, Nandadeep Shala of Maharashtra Nai Disha of Uttar Pradesh etc. The Committee strongly felt that it is high time that qualitative aspect of elementary education was given the required attention. Uptill now the entire focus had been on the quantitative expansion. One pro-active step which could be taken by the Department at the earliest, was to share with those States not performing well all the quality improvement programmes being implemented by some States. Secondly, indentifying the weak districts just like the ‘low retention districts’ followed by all remedial measures for their improvement would go a long way in making things better.

Funding Pattern under SSA 9.116 The Committee undersood that the inability of these States in contributing their share had hampered the achievements made under SSA in these particular States. Their financial constraints with regard to SSA could increase manifold in view of requirement of enormous funds for implementation of the Right to Education Act. As per the assessment of the National University for Educational Planning and Administration the cost of implementation of the Act for a period of five years would be about Rs. 171,000 crore. The Committee could only conclude that many States would not be in a position to meet their share for RTE. As a result, several States had again begun seeking revision of the SSA funding pattern to factor in the RTE requirements. The Committee was informed that MHRD had taken up the issue of change in funding pattern with the Planning Commission and the Ministry of Finance for the combined SSA-RTE requirements. The Committee desired that the issue of funding may be considered in the light of the States inability to bear the huge financial burden and the matter be referred to the National Development Council. This issue must be considered during the forthcoming meeting of the National Development Council being convened to consider and adopt the Mid Term Appraisal of the XI Five Year Plan. Educational Guarantee Scheme (EGS) and Alternative and Innovative Education (AIE) under SSA.

9.117 The Committee, while understanding the need of the EGS and AIE Centres would like to point out that they were not a substitute for formal schooling and these centres needed to be replaced with regular schools as expeditiously as possible.

Kasturba Gandhi Balika Vidyalaya (KGBV) 9.118 The Committee noted that a joint evaluation of NPEGEL & KGBV schemes was undertaken in 2007 in 13 States. While overall there is a positive impact of these schemes in reaching out to girls from most deprived and rural areas of the country, some areas highlighted for improvement were as follows:-

- Greater effort was required to reach out to girls from minority communities and other extremely disadvantaged social groups

- There needed to be a policy/guideline for the recruitment and training of KGBV teachers

- Hygiene, sanitation and physical environment of KGBVs needed attention

- Parents wanted KGBVs to be extended to class 10.

9.119 The Committee hoped that corrective measures on these recommendations made in the joint evaluation must have been undertaken. If not, the Committee would appreciate required action was taken without any further delay. 9.120 Committee’s attention had also been drawn to the 11th Joint Review Mission for SSA conducted in January, 2010 which had noted the positive difference that KGBV had made in the lives of girls facing major social, economic and cultural barriers. The Committee hoped that as advised by the Joint Review Mission, steps for undertaking qualitative research of KGBV by reputed institutions must have been taken by the Department. The Committee also noted that a proposal for opening of additional 906 KGBVs to cover all the 3479 EBBs in the country is presently under consideration. The Committee would like to emphasize that all efforts need to be made for expansion of KGBV scheme. Teachers recruitment and training under SSA 9.121 The Committee observed that all the States showing the maximum shortfall of teachers have been sensitized. The Committee would, however, like to point out that vigorous monitoring on the part of the Department would be required to bridge the visible gap between teachers recruited and required. Considering the scale of the challenge, the Department should in interaction with the States, evolve an annual targeted and PERT schedule for recruitment and training of teachers. A mission mode approach would be desirable. A quarterly monitoring system should be instituted and the outcome reflected in periodic reports of the Ministry. 9.122 The Committee took note of the fact that the number of teachers sanctioned under SSA did not represent the teacher requirements as per the RTE Act which laid down a PTR of 30:1 as compared to SSA norm of 40:1 and 35:1 for the upper primary stage, and Head Teacher and part time instructors for Art Education, Health and Physical Education and Work Education in schools having more than 100 students. Not only this, RTE also mandated that the prescribed PTR had to be maintained in respect of each school rather than an average for the block/district/state. The Committee had been given to understand that States had been advised to rationalize teacher deployment, fill up existing vacancies in the State sector as also vacant posts under SSA. The Committee observed that teacher recruitment is the biggest challenge before the Department. Status of teachers under SSA depicts glaring shortfalls especially in the very crucial States. With the RTE coming into force, this challenge had assumed almost impossible level of achievement, especially in view of quality aspect. The Committee could only point out that along with recruitment drove to be undertaken in a mission mode, teacher training both at induction and in-house levels had to be strengthened. In addition, capacity of existing Teaching colleges also needed a review. 9.123 The Committee was informed that the States had been advised to facilitate the training of untrained teachers through distance education programmes instituted by IGNOU and the State Open Universities. The Committee would, however like to point out that this alone would not meet the present requirement of training to be given to a very large number of untrained teachers recruited both under SSA and recruited by States directly. In fact this requirement was going to increase manifold with the RTE Act coming into force. One must not forget that the RTE Act provides a period of maximum 5 years for untrained teachers to acquire the prescribed professional qualifications. 9.124 The Committee is constrained to observe that teacher training had remained on the margins of the Indian academia and training of primary and upper primary school teachers outside its domain. The Committee felt that the absence of professionally trained teachers would lead to deprivation of quality education to the children of the country. The Committee was of the view that uptil now focus had been primarily on quantitative expansion of SSA. Qualitative aspect had some how not got the required attention. With the RTE Act coming into force, 5.1 lakh additional teachers would be recruited who would need induction training. Besides that 7-6 lakh untrained teachers would have to be trained along with in-service teacher training for 34 lakh teachers. Recruitment of teachers as required under SSA and RTE and provision of training to untrained teachers as well as induction and in-service training were the biggest challenges before the Department. The Committee accordingly, recommends

that the Department in coordination with all the States, especially those not performing well, would have to chalk out an Action Plan and get the same implemented in a mission mode. All the problem areas identified during the implementation of SSA would have to be resolved at the earliest.

SSA & Right of Children to Free and Compulsory Education (RTE) ACT, 2009

9.125 The Committee was of the considered view that the teachers would be the main stakeholders in implementation of RTE. Focus should therefore be to improve the quality of teaching and learning in case the objective of providing access and quality of education to all children is to be ensured in the right spirit. The Committee was given to understand that currently more than 5.23 lakh teacher posts were vacant and to bring the pupil-teacher ratio to 30:1 as prescribed by RTE Act, 5.1 lakh additional teachers were required to be recruited. The Committee felt that the SSA should serve as the special vehicle to fill up those vacant posts of teachers. The Committee would like the Department to hold talks with all States Governments and chalk out a time bound action plan to recruit regular trained teachers. RTE has provided the much needed legal framework to fill vacant posts of teachers piling up over the years. Achievements on all components of the Act are possible only when Central Government together with all States/UTs jointly strive hard to realize the noble objective with which this Act had been piloted and passed in Parliament last year.

9.126 The Committee hoped that pre-liminary exercise on the parameters bringing them into conformity with RTE must have been initiated by the Department. If not, the Committee would appreciate that required steps were taken at the earliest to harmonize the vision, strategy and norms of SSA with those of RTE. Similarly, the department would continue to secure independent evaluation of teaching outcomes with a view to focusing on areas, sectors and regions which were specially problematic.

9.127 Similarly, the Department in order to encourage supply side responses would have to make special efforts for better utilization of improved infrastructure both in Government and Private unaided institutions and accordingly send necessary advice to all the State Governments. The issue of viability of private unaided institutions in view of new obligations being cast on them under the RTE would also receive due consideration of the Government. National programme of Mid-Day-Meal in schools Fund utilisation under MDM Scheme 9.128 One of the reason given to the Committee for this situation was that earmarked provision of 10 per cent under NER sub-head could not be utilized because number of the children covered in N-E Region under the Scheme was only about 5 per cent of the total number of children covered in the country. The Committee was of the view that this issue needed to be examined thoroughly and if final assessment also indicated the requirement of only 5 per cent of allocation for the scheme, then Department should approach the Planning Commission and Ministry of Finance. If needed be, such funds could be easily utilized by the Department for other schemes. 9.129 Committee’s attention had also been drawn by the availability of unspent balance of Rs. 1316 crore and Rs. 1030.63 crore with the States/UTs as on 31.3.2008 and 31.3.2009 respectively. These funds were adjusted against the admissible central assistance for 2008-09 and 2009-10. Funds remaining under utilized in a Flagship scheme were a cause of serious concern for the Committee. Availability of unspent balance with States/UTs in two consecutive years clearly indicated that the scheme was not being implemented as envisaged. The Committee found that the same allocation (Rs. 8000 crore) had been made for 2010-11 also. The Committee would appreciate if concerted efforts were made for optimum and judicious utilization of funds under the scheme during 2010-11. Lifting of foodgrains 9.130 The Committee noted that substantial quantum of foodgrains allocated in the previous year was also available with almost all the States/UTs. The very purpose of the scheme gets diluted if there was under utilization of allocated foodgrains. On being inquired from the Department regarding less lifting and under utilization of food grains it was informed that there were State specific reasons for the same. For instance, Bihar could not lift the entire foodgrains share because of floods and heavy rains. In Goa and Delhi, the delayed start of the scheme at upper primary level caused less utilization. In Chandigarh, all children of primary and upper primary classes did not take cooked mid-day meal whereas in West Bengal 5 per cent institutions at primary and 39 per cent institutions at upper primary level were yet to be covered under the scheme. Assam, Manipur and Tripura were yet to give their reasons for less lifting and under utilization. The Committee was surprised to note that not only the States, the status of lifting as well as utilization of food grains was quite poor even in UTs like Chandigarh, Dadra & Nagar Haveli, Daman & Diu and Pondicherry, which were under the administrative control of the Centre. There was perhaps lack of

proper planning and coordination between Centre and States in so far as actual requirement of foodgrains is concerned. The Committee was, however, given to understand that the Programme Approval Board at the beginning of the year after reviewing the performance of the previous year approves the number of children and number of school working days. The Committee failed to comprehend the factors behind the availability of foodgrains inspite of such a meticulous planning. 9.131 On a specific query in this regard, the Committee had been informed that utilization of foodgrains depended on actual attendance of students and regular serving of mid-day meal. The Committee found these facts as deeply disturbing. The very fact that surplus foodgrains were available due to irregular attendance of students and mid-day meals not being served daily defeats the very objective of this Flagship Scheme conceived for improving the student retention. The Committee strongly felt that a beginning needed to be made from the first quarter of 2010-11, itself, to identify the States not performing well and take correctives measures so as to ensure both regular attendance of students and serving of meals without break. Infrastructure under MDM Scheme 9.132 The Committee would like the Department to share with it the State wise status of kitchen sheds along with the steps taken to ensure timely completion of the same.

Problem Areas 9.133 Committee’s attention was also drawn to the complaints being received about poor quality of meals supplied by NGOs and other agencies. The Committee observed that in spite of the procedural mechanism, complaints were routinely being received against the NGOs and other agencies with regard to poor quality of meals. The Committee would like to stress that remedial steps should be taken to prevent even a single instance of complaint. In addition to blacklisting the NGO, stringent penal action under IPC should also be taken against the erring NGOs/supplying agencies for committing irregularities/supplying inferior quality of food. 9.134 The Committee found that foodgrains being supplied to States/UTs undergo joint inspection by nominee of District Collector/CEO of Zila Panchayat and FCI officer. Not only this, the scheme guidelines provide for inspection of 25 per cent schools/EGS/AIE centres every quarter by the supervisory officers. The Committee would like to have the feedback pertaining to quarterly inspections conducted in 2008-09 and 2009-10 along with follow-up action taken. Miscellaneous 9.135 The Committee hoped that the report of the Committee would be coming out soon. More and more coverage of ST/Minority Students, the most marginalized section of student community under the scheme was a step long-awaited.

9.136 While appreciating all the steps/measures, the Committee would still like to point out that complaints continue to pour in regarding irregularities in supply of the mid-day meals and particularly the unhygienic food supplied to children. The Committee would like the Department to devise a focused approach for maintaining the hygiene and quality standards for cooking meals for the children. Teachers’ education 9.137 The Committee noted that as on date 571 DIETs, 106 CTEs and 32 IASEs had been sanctioned in various States/UTs of which 534 DIETs, 104 CTEs and 31 IASEs are functional. However, as pointed out above some of the States had failed to fill up both the academic and non academic posts in their respective DIETs, CTEs and SCERTs. The Committee was unable to understand how the teacher Education institutions were being strengthened when such large number of posts/vacancies were lying vacant. Ministry’s claim about a sizeable number of these institutes being functional appears a farce once it was established that there were 50 per cent to 60 per cent posts lying vacant. 9.138 The Committee was of the firm view that teacher’s education and strengthening of teachers training institutions in not receiving the priority it deserves in terms of the fund allocation, planning and human resource development. The budget allocation for this particular scheme aimed at creating institutional infrastructure for pre-service and in service training of elementary & secondary school teachers was Rs. 500.00 crore in 2009-10 which was revised to Rs. 325.00 crore at RE stage. The actual expenditure upto 31st March, 2010 was Rs. 323.13 i.e 1/3rd of the budget provision remained under utilized. One of the primary reasons given for underutilization was that the States/UTs could not fill up vacant positions in the DIETs, CTEs and IASEs. The Committee was unhappy over under-utilization of funds for this scheme. It would like the Department to take up the issue with the States/UTs to ensure that vacancies in CIETs, CTEs, IASEs and SCERTs were filled up to the sanctioned level. It was a system failure that had resulted in miserable state of affairs in the Government-aided institutions. The Committee observed that there has been a proliferation of teachers education institutions across the country. The matter had been compounded with recognition of such institutions and it has now become more complex with their de-recognition while the model curriculum and syllabi uniformity applicable to all teacher education courses was yet to be finalized.

9.139 While the Committee favoured adhering to uniform guidelines, norms and standards for teacher education, there was an urgent need to focus on some of the major recommendations of evaluation report submitted by NCERT which include strengthening of DIETs, upgradation of 10-12 per cent of DIETs to college level, linkage of DIETs to universities, colleges etc, strengthening of existing CTEs and IASEs, re-vitalization of SCERTs as lead state level academic institutions linked to universities and revision of curriculum and syllabus of pre-service Teacher Education. The Committee hoped that the Department will come out with a time bound strategic plan of action on these far-reaching recommendations of the NCERT for improving the quality of the teacher education in the country. The Committee called upon the Department to submit a detailed action taken note on the findings of NCERT to it. It would also like the Department to study reports from independent sources on teaching outcomes. Kendriya Vidyalaya Sangathan 9.140 The Committee strongly recommended that procedural and administration formalities should be completed within the shortest possible time so that physical targets were achieved in a time bound manner. 9.141 Some members of the Committee raised the issue of difficulties being faced in opening new KVs at various places due to inadequacy of funds. Some other desired that more KVs should be opened for children to have quality education. The Committee would like the Department to take note of the same. Navodaya Vidyalaya Samiti 9.142 The Committee would like to observe that JNVs should be sanctioned only after the feasibility regarding land availability was explored by the respective State Governments and a written commitment received on that behalf. 9.143 The Committee appreciated the educational need of the marginal section of rural India being taken care of in NVs. 9.144 The Committee underlined the need for urgent filling up of these vacant posts. It opined that at least vacancies arising out of retirement could be anticipated much earlier and steps taken beforehand to fill them up to avoid backlog. Information and communication technology (ICT) in schools 9.145 The Committee expressed its deep concern over the slow pace of progress made under this scheme. The Committee was apprehensive that given the slow performance of the targets till now, it would be a daunting task to cover majority of schools under the ICT scheme. The Committee, therefore, urged the Department to take steps in co-ordination with the States/UTs to enhance the pace of progress for this scheme. Rashtriya Madhyamik Shiksha Abhiyan 9.146 The Committee would like to caution the Department with regard to the State share in funding of the scheme. Government was aware that some of the States had not been able to provide their share of funds for the Sarva Shiksha Abhiyan and it was very unlikely that they would be able to come up with their share for RMSA particularly in the Twelfth Plan where the share is envisaged to be 50:50. The Committee would like the Department to look into the issue of funding earnestly and work out a mutually acceptable formula and strategy for utilization of funds lest this ambitious abhiyan may face the similar teething problems which were being encountered under SSA. 9.147 The Committee was not aware about the strategy planned for achievement of this ambitious goal of 75 per cent GER within five years. The goals of all children in school, EGC, alternate school, back to school camp by 2005 and universal retention by 2010 under SSA still remain to be achieved. As compared to elementary education, expansion of secondary education seemed to be an uphill task. The Committee could only hope that experience under SSA would help in formulating state specific interventions under RMSA. With focus on the States having lower retention districts/SC/ST/Minority specific districts, this gigantic task may prove to be some what manageable. Scheme for setting up of 6000 MODEL schools at block level as Benchmark of Excellence 9.148 The Committee understood that as the scheme had been launched very recently, not much progress in terms of physical and financial achievements must have been made. However, the Committee would like to state that the pace of sanctioning of the schools appears to be quite slow. Infrastructure development would also require time and therefore, the Committee called upon the Department to expedite the procedure for setting up of model schools. The modalities for public private partnership must also be evolved and settled on priority basis. Vocationalization of Education

9.149 The Committee would like the Department to finalize the scheme without any further delay so that the funds allocated year after year do not remain unutilized. 9.150 The position had not improved even during the Eleventh Plan, rather it was at such a level that the scheme could be considered non-functional. During the first three years of the Eleventh Plan, funds allocated have remained unutilized, reason being the protracted process of revision of the scheme. A concept paper on ‘Framework for Vocational education and Training in India’ was sent to the Planning Commission for comments on 1st October, 2007. A presentation could be made to the Planning Commission after more than a year i.e on 9th April, 2009. It took another 4 months to circulate the draft EFC Note to the Planning Commission and the concerned Ministries. The revamped scheme was ultimately finalized only to be scaled down on the advice of the Planning commission. It had been more than one year since then the scheme was yet to be finalized. The Committee placed on record its sense of extreme disappointment in respect of such an important scheme which could prove to be immensely helpful for our youth. The Committee would be happy if the scheme takes off in 2010-11. Inclusive Education for the Disabled at Secondary Schools (IEDSS) 9.151 The Committee would remind the Department that the funds remained underutilized under the previous scheme viz IEDC also due to lack of viable proposals from the States. The Department, therefore, should ensure that the new scheme also does not suffer on account of lack of viable proposals from the States. Incentives to Girls Education at Secondary School level 9.152 The Committee was constrained to observe that instead of progressing, achievement level showed a downward trend in the second year itself of launching of the scheme. The Committee was given to understand that the scheme was being implemented in all the states/UTs. However, as per the year-wise details furnished by the Department, while sanction was accorded for 25 States/UTs in 2008-09, only 8 States/UTs could be covered during 2009-10. Proposals from other States/UTs were either under various stages of processing or had not been received despite several reminders. 9.153 The Committee was surprised to find that in both the years, i.e 2008-09 and 2009-10 only 8 States/UTs each year could take the benefit of the scheme. The other trend noticed by the Committee was that while 71,748 girls could be selected during 2008-09, there were only 22,934 girls found eligible during 2009-10. Out of 71,748 girls selected in 2008-09, 44,410 girls were from Gujarat alone. Similarly, out of 22, 934 girls found eligible in 2009-10, 18,918 were from Jharkhand. Taking note of uneven spread of the scheme, that too within the eight States/UTs, the Committee could only conclude that the scheme was yet to take off. Non-receipt of adequate and viable proposals from States/UTs and non-completion of necessary formalities by the States/UTs which were released earlier installments were the two main factors cited by the Department as found responsible for such a situation. The Committee strongly felt that all the inherent constraints being faced by the States/UTs needed to be removed and simultaneously vigorous monitoring may also be initiated. The Committee would also appreciate if wide publicity through local print and electronic media is also given to the scheme.

National Means-cum-Merit Scholarship Scheme 9.154 For the remaining 20 States/UTs, number of scholarships allotted was very less with even lesser number of selected candidates. The Committee also found that States like Assam, Nagaland, Andhra Pradesh, Orissa and Chhathisgarh had so far not come forward to avail the benefit of this scheme. 9.155 The Committee failed to comprehend the lack of interest of these States. The Committee had been given to understand that State-wise quota of scholarships had been fixed on the basis of weight-age on the enrolment in classes VII and VIII and weight-age on child population of the relative age. The only pro-active action required to be taken by the States/UTs was to prepare the list of selected candidates on the basis of the National Talent Research Examination conducted in November. It seemed that States have to be sensitized for giving wide publicity to the scheme through both local print and electronic media so that increasing number of students take the National Talent Search Examination. The Department would have to constantly monitor the participation of States/UTs and also identify the constraints being faced by them and resolving them also. Only then, the outreach of this scheme will extend to the targetted beneficiaries. The Committee would also like to point out that the mismatch between the scholarships allotted and the selected candidates had to be removed. Timely release of scholarships could only help the students. Adult Education 9.156 The Committee was not sure as to what specific monitoring the Government proposed to ensure by linking the Sansthans with Saakshar Bharat. Co-ordination was otherwise also required with district implementation authorities before Saakshar Bharat scheme came into being. Commitment and will power was equally important. The Committee expected the Department to strengthen its monitoring mechanism and streamline its delivery system.

New schemes of the Department Scheme for providing quality education in Madarssas (SPQEM)

9.157 The Committee hoped that all preparatory exercises had been undertaken under the scheme so that the targeted group takes advantage of the facility.

9.158 The Committee appreciated the objectives of the scheme and would like to see its expeditious implementation. Miscellaneous Appointment of Language Teachers

9.159 The Committee found that the scheme was aimed at national integration and therefore it required more sincere efforts in implementation so as to achieve its financial and physical targets.

(d) 222nd Report

Budgetary Allocation 9.160 The Committee noted that of 3.78 per cent of the GDP, flowing to the Education Sector in 2008-09, the share of the State Governments and the share of the Central Government seemed to be going for a change while Chapeau clause of the Eleventh Plan on education, as a whole, enjoined upon the Government to give six per cent of the GDP to the education sector. The Committee was of the view that the allocation for Department is definitely lower than the vision statement of the Government. Utilisation of funds 9.161 The Committee agreed that the infrastructure development for recently approved 12 Central Universities may be a time consuming affair and for that matter the achievement of financial targets would entirely depend on physical targets. Similarly, the shortfall in non plan outlay of 2009-10 due to delay in finalization of pay and salaries on account of Sixth Pay Commission recommendation was also acceptable. The Committee, however, impressed upon the Department to strictly monitor the progress of infrastructure development for new Central Universities so that at least the plan outlay now available for the purpose was optimally utilized. Nobody could deny the fact that functioning of any educational institution from temporary site for a prolonged time cannot be considered an ideal proposition. Our Central Universities, envisaged to be role model of higher education functioning from temporary campuses was bound to adversely affect both the quality of education as well as the performance of the students. A time bound completion schedule should, therefore, be drawn out to ensure that infrastructure of these universities is in place without cost and time overruns.

9.162 Not only this, the Committee viewed with serious concern the low level of utilisation by the end of first three quarters during 2009-10. The Committee was surprised to note that smaller schemes like Scholarships, Book Promotion also did not seem to have been functioning as envisaged. Scheme of Scholarships, very crucial for both the meritorious and poor students continues to remain almost non-functional. Funds allocated for 2007-08 under this Scheme remained unspent. Position was the same upto third quarter of 2009-10. Similarly, Scheme of Book Promotion which needed to be propagated extensively seemed to be the most neglected as year after year negligible allocation under this scheme somehow remained grossly under-utilised. The Committee would like to point out that in the process of massive expansion of higher/technical education, schemes like Book Promotion and Scholarships should not be allowed to be implemented in a routine manner. Their role though smaller is equally crucial for our young students. 9.163 The Committee was not convinced by the Department’s clarification that unspent balances in itself did not adversely affect the working of institutions as all such institutions had also corresponding liabilities / commitments which were taken into account while deciding further releases. The Committee would like to point out that the very fact that small institutions had unspent balances and corresponding liabilities also, indicated that not only financial norms were not being adhered to but they were also not functioning as per their mandate. The Committee would, therefore, appreciate if corrective measures are initiated by the Department at the earliest. Committee’s apprehensions were confirmed by pendency of audit paras against ICSSR, New Delhi, Central Hindi Directorate and CIIL, Mysore. (Para 3.6) 9.164 The Committee was of the view that the pace of fund utilization both under Plan and Non-Plan during 2009-10 had failed to meet the targets. By the end of the third quarter (upto December, 2009) only 57.32% of plan and 70.25% of non plan funds could be utilised. The Department’s assertion that some schemes needed to be reworked because of lower allocation was indicative of its failure to utilize the allocated funds. How could the Department claim higher allocation when the fund utilization had been so poor.

9.165 The Committee was surprised to find that shortfall was noticed even in the projections approved by the Planning Commission for the Eleventh Plan. Out of projected outlay of Rs. 89,943 crore, only Rs. 35,504 crore could be spent in the first three years of the plan period. The Committee could only conclude that given the poor utilization trend, the Department would not be able to meet the shortfall between the projected outlay and the budget allocation. The Department should have to blame itself in case there was an overall cut by the Planning Commission in the projected outlay for Twelfth Plan. Obviously the annual budgetary allocations were also likely to be affected adversely. There appeared to be deficiencies in the financial management as well. The Department had got money but it had not been able to utilize the same imaginatively and skillfully Though the Department is claiming about a number of interventions introduced for access, excellence and inclusiveness and also building a knowledge society, but the pace of expanding higher education was not commensurate to the projected outlay approved by the Planning Commission. In such a scenario, Department’s vision for investing 6 per cent of GDP for the Education Sector, seems to be a distant dream. Given the level of utilization of allocated funds, the Committee was apprehensive about the outcome of Departments’ efforts for increasing Gross Enrolment Ratio from 12.4 per cent to 15 per cent by 2010-11. The Committee hoped the Department would adopt better fiscal management techniques supported by strong monitoring mechanism to ensure that the outlays were utilized optimally and the demand for higher allocation could be a justifiable preposition. The Committee recommended that the Department should undertake quarterly review of allocation and pace of expenditure as well as identifying deficiencies and shortfalls with a view to achieving the target of 15 per cent GER at the end of Eleventh Plan. Targets for Eleventh Plan 9.166 Closely related with the Gross Enrolment Ratio (GER) was the issue of access to education. In spite of massive expansion in higher and technical education both in the Government and private sector in the recent years, the fact remained that even meritorious students did not get the opportunity to join course of their liking. Every year, students both talented and average students compete for admission in IITs and IIMs and other premier educational institutions. However, very few got admission in institutions of their choice. For example, during 2009, out of 3,84,977 students who sat for IIT entrance test, 3,74,942 failed to qualify. Such a trend was visible in other Entrance Tests also. Not only this, state-wise details indicated that success rate of students from N-E states like Arunachal Pradesh, Assam, Manipur, Maghalaya and Sikkim in such exams was virtually nil. Thus, issue of access to higher education, in spite of a large number of significant initiatives taken by the Government continued to remain the major challenge. The Committee could only say that more vigorous efforts with focus on weak areas were required to be continued for quite some time. Though, the exact figures of students not able to get admissions in different universities in Delhi was not made available to the Committee, gap between demand and supply was very wide there also. The Committee would like the Department to consider this issue and devise a mechanism by which such category of aspiring students get opportunities for higher education. One straight answer to this issue could be to open more colleges and universities in the country but at the same time the Department should also focus on diversifying the curriculum to include other things that would be of help to students’ growth. The focus should be on developing students’ entrepreneur skills or providing vocational education to them. Committee felt that it was crucial to improve the supply side response. University Grants Commission 9.167 The Committee appreciated the initial bottlenecks coming across in developing the infrastructure for new Central Universities but delay can certainly be checked through better coordination with the state authorities. The Committee also expected the desired level of cooperation from the states as it was on their initiatives the decision to open the Central Universities was taken by the Central Government. The Committee was, however, not satisfied with slow pace of faculty recruitment in accordance with the implementation of Oversight Committees’ recommendations. The Committee recommended that urgent corrective measures needed to be taken up for addressing the requirement of additional faculty lest the very purpose of legal framework for reservation for OBC category might be seriously jeopardized. Higher education-quality and Need for Reforms 9.168 The Committee observed that higher education in our country was in a flux. It did not give a coherent picture because we had various institutions, quality institutions and institutions which did not have any quality at all. We had the institutions which gave best of education and also the institutions which provided substandard quality of education. With the number of institutions continued to grow, a seemingly absence of quality was felt. We had poor infrastructure in most of the universities and colleges. Our courses were irrelevant and there were very less number of quality teachers in the institutions. One of the important reasons for poor quality of education was that our libraries in the colleges and universities were not properly equipped. The Committee was of the firm view that development of work culture in our educational system was the need of time. We needed to develop the talent who could infuse the quality aspect. Our institutions required a visionary management, enlightened minds of faculty and inspired students to produce quality education. 9.169 The Committee found such system of validation quite intriguing. It felt that either the system of validation be done away with or it be made mandatory for all institutions. Such slipshod approach with regard to the validation provision did more harm than good to those institutions whose existence and credibility becomes questionable with the expiry of validation. The Committee hoped that Department would rectify this situation so that the air of confusion could be eliminated in the interest of

both the students as well as the institutions. It further expected that the Department would take care of this revalidation aspect in the legislature framework concerning accreditation proposes to be brought before the Parliament in near future. 9.170 The Committee appreciated the initiatives the Department had taken for the much awaited reforms in the field of higher education. While examining the Demands for Grants of the Department of Higher Education, the Committee also took opportunity to deliberate on the impending educational reforms particularly with regard to the opening and recognition of different sets of universities. In this context, the existing provisions of UGC Act and the Regulations came under close scanner of the Committee. The Committee had noticed that our university education was confronted with lot of practical difficulties in implementation of those provisions. Monitoring of fees and quality of education in private universities being not fully under control of the Government, both students as well as parents were facing a lot of problems. The issue of indiscriminate recognition of institutions as Deemed to be Universities had become quite controversial and the Apex Court was seized of the matter. Recently one more controversy had generated in the conversion of Central Universities into State Universities and the glaring example is Delhi Technical University, formerly known as Delhi College of Engineering (DCE). The students of this University were up in arms against the granting of State University status to DCE which before such conversion was part of Delhi University i.e. a Central University. The matter was now sub-judice. There were other sets of university education in the name of foreign universities and also fake universities which had opened campuses across the country. In a nutshell, a host of teething problems had cropped up due to complexities of provisions under UGC Act and Regulations. Needless to mention these infirmities had occurred because the existing policy for opening universities was not clearly laid down and the regulations were open to different interpretations. The Committee hoped that the Department would take into consideration all these issues and formulate a comprehension policy / regulation while finalising the proposed legislation for National Commission for Higher Education and Research. 9.171 The Committee also took this opportunity to urge upon the Government to include the aspects of character building and physical fitness as important components in the educational reforms so as to ensure holistic growth of our students. In this connection the Committee desired to draw the attention of the Department to its recommendations / observations contained in its 86th Report on value based education. New Central Universities 9.172 The Committee strongly felt that process of construction should commence in respect of all the Central Universities in 2010-11 and got completed in a time bound manner. The Committee was unhappy that despite the preparatory exercise done by the Department and the UGC with regard to arrangements of faculty in newly created universities, the vacancies could not be filled up due to delay in finalization of statutes by respective universities. Given the seriousness of the issue, the Department should have fixed a time frame for finalizing these statutes. The Committee desired that the framing of statutes may be done without further delay so that the process of recruitment for the vacant posts of faculty could be started at the earliest. It would be better if a Central Committee with representation from concerned State Government is assigned the task of monitoring both the required faculty and infrastructure of these Universities. This action is required to be taken if cost and time overruns are to be avoided. Vacancies in faculties of Central Universities 9.173 The Committee was not happy with this state of affairs. Both the UGC and the Department were mandated to work in coordination so that all the Central Universities continue to function smoothly. 9.174 The Committee noted that an operation of Faculty Recharge was being launched, under which 1000 faculty positions were being created and to be filled at national level through global advertisement. Despite seeking details in that regard, the feedback was not received from the Department. The Committee would like to know the status of the scheme. Strengthening of 6000 colleges in 150 State Universities

9.175 The Committee was happy to note that in order to operationalise the scheme, amendments to the aforesaid Rules have been notified on 8th August, 2009. At present the process of formulation of guidelines for the implementation of the scheme by the UGC was going on. The Committee would like to point out that already considerable time had been taken since the notification of the Rules in August, 2009. In fact, the guidelines should have been circulated to the concerned State Universities by now. The Committee would appreciate if the process is expedited and the scheme is implemented from 2010-11 itself.

Deemed to be Universities 9.176 The Committee would like the Department to keep the interests of students uppermost while revising the regulations. It desired that the much awaited UGC regulations might be formulated after due consultations with all stakeholders. It would also urge upon the Department to expedite the notification of regulations without any further delay.

Private Universities in the country 9.177 The quality of education in some cases had also been found questionable. There being no firm regulation the students had been the victims and the education the casualty. In such a scenario, less than half of the private universities being inspected by UGC so far cannot be considered a very satisfactory situation. Secondly, it was also not known whether serious shortcomings were noticed in the functioning of the inspected private universities. Details of follow-up action were also not known. The Committee would appreciate if information about private universities found wanting is given wide publicity through print and electronic media. The Committee would like to have a status note in this regard along with the private universities to be inspected and by when. Status of Women in Higher Education 9.178 The women study centres had played a prominent role in achieving the objective of increasing women’s enrolment in higher education. The present number of 131 centres, in the opinion of the Committee, was not commensurate to the number of universities which was at present 504. That means only 22 per cent universities had women study centres while remaining 78 per cent were yet to set up these centres. The Committee would like the Department to devise a time bound action plan to cover all the universities and even expand the scheme to all institutions of technical education in view of increasing enrolment of women in these institutions as well. 9.179 The Committee would like to have an idea about the level of participation, university-wise during Eleventh Plan. The Committee would appreciate if an evaluation of scheme is also undertaken so that an assessment about its impact coulf be made and necessary corrective measures initiated, wherever required. 9.180 The Committee would like to be apprised about the break-up of women hostels set up in urban / rural areas and metro / non-metro city-wise. The Committee would also appreciate if an assessment is made about the functioning of these women hostels so as to have an idea about the problem areas and corrective measures required therefor. 9.181 The Committee appreciated the initiatives with regard to scholarship for single girl child. However, uneven spread of this scheme needed to be looked into. A fixed number of scholarships per State on the pattern of Scheme of Scholarship for College and University Student can be included. The scheme also needed more publicity to educate the masses particularly in our rural and remote areas about the benefits of the scheme so that they get motivated to send girl child for higher education. The Committee hoped that Department would adopt a focused approach towards this scheme to ensure equal opportunity to women and increasing the overall GER in higher education. 9.182 The Committee failed to understand the reasons for undue delay in the award of fellowships. Action needed to be taken on an urgent basis so that the selection process did not become a protracted exercise. The Committee would like to have a status report along with the details of monitoring mechanism, if any, for the scheme.

Inclusiveness in Higher Education 9.183 The Committee had noted that the special component plan allocation for these disadvantaged social groups had decreased from 16.2 per cent in 2009-10 to 13.2 per cent 2010-11. In terms of amount Rs. 330 crores was denied to the SCP. Similarly the allocation for TSP came out to only 4.5 per cent against 9.1 per cent last year which meant an amount of Rs. 392 crores had been denied to the TSP. Given this declining trend of allocation the Committee was of the opinion that the objectives of inclusive education would remain elusive. No replies to the query of Committee seeking details of Equal Opportunity Cells and the monitoring mechanism with regard thereto was received from the Department. The Department had also preferred to remain silent on the status of Residential Coaching Academies and the details about post doctoral fellowship given to SC, ST. The Committee, therefore, felt constrained to make any recommendations on these two important interventions in the absence of all these details. It would like the Department to furnish the requisite information within one month of the presentation of this Report. The Committee also felt that wide publicity at regular intervals through print and electronic media and also at university / college level needed to be given to such schemes. Only then the targeted beneficiaries would be covered optimally. Scholarship for College and University Students 9.184 The Committee was not prepared to believe that States like U.P. and Bihar having a big concentration of youth in the 18-25 years age group did not have students securing 80% marks. While not even a single student from Bihar was covered during 2008-09, only 2 students from the State could get the benefit in 2009-10. Similarly, while 1477 students from U.P. were covered in 2008-09, only 39 students from the State could be covered during 2009-10. Chhatishgarh is another peculiar case. While the State failed to submit the eligibility list during 2008-09, no student could be covered during 2009-10, reason being that UCs were not furnished in spite of funds sanctioned for 1387 scholarships in 2008-09. It seemed that there was no monitoring mechanism under the scheme and even if it was there the same could not be treated effective enough. The Committee wondered as to why both the State Boards and also the students seemed so disinclined to get the benefit of the scheme. The Committee

recommended that an effective monitoring mechanism needed to be put in place to ensure maximum coverage as per the prescribed criteria. In this age of IT advancement when results were available on Internet, it was not a complicated job to get the data of eligible students from the state boards which could be then pursued to approach the selected students for getting the formalities completed. Educational Loan Interest Subsidy 9.185 While the Committee appreciated the noble objectives behind the scheme, it was of the opinion that the cut off point of Rs. 4.5 lakh parental income was too restrictive and would benefit very few families given the poor income level of majority of our countrymen. Higher education being costlier was getting beyond the reach of middle class leave alone the poor masses of the country. Therefore, the ceiling of Rs. 4.5 lakh per annum needed to be raised appropriately in view of increasing financial burden due to general inflationary trend. The Committee would like the Department to explore the feasibility of raising the parental income ceiling to Rs. 10 lakh per annum considering the increased cost and fee structure in these institutions so that more and more students get benefit of the scheme. Indira Gandhi National Open University 9.186 The Committee was quite satisfied to know that more than 2.5 million students were enrolled in IGNOU. It had been possible because of good quality and affordable education available to the common people through this renowned institution. The Committee, however, noted that though there was a marginal increase of Rs. 10 crores in the outlay for 2010-11, with the surplus receipts the University should be in a position to take care of the investment for its diverse activities particularly those aimed to improve the quality of educational facilities. In fact more similar institutions should be set up to address the growing needs of education in the country particularly to help the poor people. The Committee would, therefore, recommended higher allocation for expansion of open universities and institutions in the country. At the same time, the Committee would advise IGNOU to monitor its activities in North Eastern Sector where funds were not being utilized. IGNOU should also review both its reach as well as the quality of education offered for ensuring both deeper access and improved quality. National Mission in education through I.C.T. 9.187 The Committee failed to understand the inordinate delay in such administrative and procedural issues. The Committee was of firm view that corrective measures should be taken to ensure optimum utilisation of fund under this scheme during the current financial year. Technical Education 9.188 The Committee noted that the plan allocation for 2010-11 had increased by 20 per cent in comparison of 2009-10. However, the non plan outlay had gone down from Rs. 1890 crore to Rs. 1745. 52 crore. 9.189 The Committee was deeply concerned about the 30 to 80 per cent vacancies of faculty existing in our IITs. These institutions were pioneer institutions of our country and showcase our intellectual property to the world at large. Therefore, vacancies to that extent could not be allowed to continue. The Committee called upon the Department to ensure filling up all such positions within the first quarter of the academic session 2010-11. The Committee would like these institutions to constitute a strategic group to monitor every quarter, the progress made in filling the existing vacancies and place it before their respective Board for guidance on steps needed to substantially bring down the existing vacancies.

9.190 The Committee would like the Department to strictly adhere to the schedule which they have shared with the Committee. Any delay in completion should not only amount to cost overrun but also deprive the students of the precious opportunities to be made available through these premier institutes. 9.191 The Committee observed that out of new six IIMs, four IIMs at Raipur (Chhatisgarh), Rohtak (Haryana), Ranchi (Jharkhand) and Tiruchirappalli (Tamil Nadu) would become functional from the academic session 2010-11. The Committee hoped that there would be no hurdles in this regard. There should be no undue delay in finalisation of temporary campuses for the remaining two new IIMs proposed for Kashipur (Uttaranchal) and Udaipur (Rajasthan). The Committee would also appreciate if process for creation and selection of faculty for all the IIMs also starts at the earliest. Similarly, since land had already been allotted for all the IIMs, preparatory exercise for commencement of construction work must have started by now. If not, it should start without further delay followed by construction in a time bound manner. The Committee called upon the Department to prepare a status report at the end of four months in the fiscal year and furnish the same for its consideration. All India Council for Technical Education 9.192 Whatever changed may occur in the status of AICTE after National Council for Higher Education and Research coming into the picture the Committee opined that system of approvals and facilities to the students needed to be streamlined in the

interest of the technical education in its entirety. The Committee hoped that the new system of online applications and information about institutions in public domain would bring forth the much desired transparency under the new regulatory system.

(e) 223rd Report

Clause 2 9.193 The Committee welcomed the initiative taken by the Department for the inclusion of children with disabilities under the RTE Act. Nobody could deny the fact that such children face psychological complex and feltl isolated in the society. Inclusive education was a very important gateway for these children to become part of the mainstream and to participate as citizens of the country. The Committee believed that this positive move would not only ensure that the specific needs of children with disabilities were given precedence in the elementary education system in the country but would also give them newer opportunities to maximize their potential and help bring them into the mainstream. 9.194 The Committee observed that with the proposed definition of ‘child with disability’, children with all types of disability as specified in the Persons with Disabilities (Equal Opportunities, Protection or Rights and Full Participation) Act, 1995 and the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 had been brought under the ambit of the RTE Act. Specific inclusion of all kinds of disabilities in the Act itself was a better option in all respects when compared with having the same incorporated in the Rules. However, the Committee found that ‘dyslexia’ which was also a disability observed in children, did not find place in the above mentioned two Acts. The Committee was of the view that ‘dyslexia’ and any other type of disability, if existing, also needed to be included in the definition of “child with disability”. The Committee, therefore, recommended that necessary modifications in the definition of “child with disability” might accordingly, be made. Clause 3 9.195 The Committee was inclined to agree with the proposed modification in sub-section (1) of section 3 and accordingly, recommended the deletion of proviso to section 3 (2) and non-inclusion of sub-section (3). The Committee would also appreciate if the process of redrafting of the Persons with Disabilities (Equal Opportunities, Protection and Full Participation) Act, 1995 is expedited so that the new Act comes into force at the earliest. 9.196 The Committee also took note of key interventions for inclusive education made under SSA which include identification, functional and formal assessment, provision of aids and appliances, teacher training, appointment of specialist teachers and incorporation of barrier-free access facilities in regular schools. The Committee was informed that a total number of 10,014 special educators had been appointed, especially to provide specialized support to children with disabilities, 59.78 per cent schools had been provided ramps and handrails. Efforts were also on to equip the schools with disabled-friendly toilets. Teachers were also being oriented to prepare/procure TLM as per the needs of children with disabilities. Lastly 72.39 per cent of children with disabilities had been provided with assistive devices and equipment. 9.197 While appreciating the considerable progress made for inclusive education under SSA, the Committee would like to point out that visible gap between estimated number of children with disability and those identified under SSA and also between those identified and brought under Inclusive Education continues to persist. The Committee hoped that with concerted efforts, things would improve on this front. The Committee would also like to point out that a very large number of schools-both aided and unaided were functioning across the country which have all the required facilities for children with disabilities. In these schools, the added advantage was that such children get the healthy environment of normal schools. It might happen that such schools might not fall in the category of neighbourhood school in the context of right of children including those with disabilities for free and compulsory education. Keeping in view the ground realities, the Committee strongly felt that for children with disabilities, option of going to a school fulfilling their requirement, be it a neighbourhood school or a school at a feasible distance should be available. The Committee, accordingly, recommended that suitable provision in section 3 of the Act might be incorporated. 9.198 The Committee found that under SSA, district plan for children with special needed was formulated at Rs. 3000/-per child norm, with Rs. 1000/- earmarked exclusively for engagement of resource teachers. The Committee, however, observed that so far, only 75,099 children with multiple disabilities were being provided education in regular schools. The Committee would like to point out that for better coverage, Block Resource Centres/Cluster Resource Centres for a specified number of schools needed to be specially resourced to cater to the needs of children with disabilities. These special supports might include Braille, Sign language, other communication devices and adapted learning materials. Other useful interventions could be therapy, teacher support and inclusive playgrounds with adapted play equipment. The Committee would also appreciate if special strategies like Action Based Learning Materials adopted by States like Karnataka, Andhra Pradesh and Tamil Nadu were put into practice by other States also. 9.199 The Committee was also of the view that the Department should ensure option of better equipped schools for disabled children, especially in rural areas. There should be certain parameters for neighborhood schools so that they make arrangements

and provide basic facilities with a view to ensure a barrier free and conducive environment for disabled children in the school. Another intervention could be mandatory provision of yoga classes in all the schools which would prove beneficial to normal children as well as children with disabilities. Provision of naturopathy would certainly help in improving the physical and psychological strength of disabled children.

9.200 Another issue before the Committee was the aspect of compulsory education for children with severe or multiple disabilities who might not be in a position to attend school. The Committee understood that children with multiple disabilities needed to be part of the compulsory education process. However, there migth be cases where in such a situation, a view needed to be taken about the viability of invoking the component of compulsory education in schools. In this connection, the Committee would like to point out that under SSA, 75,099 children with multiple disabilities were being provided education in regular schools. This had been made possible by these children being first provided some school preparation programmes before being mainstreamed in regular schools. The Committee understood that the strategy of Home Based Education under SSA was at present being evaluated. The Committee was of the view that this strategy needed to be vigorously pursued for children in the 0-6 years age-group for Early Intervention and School Readiness followed by their induction in the mainstream schools. The Committee, therefore, believed that elementary education should not be made compulsory for children with severe or multiple disabilities and the relevant provision in the Act may accordingly be modified.

Clauses 4 and 5

9.201 The Committee supported the interests of minorities as enshrined in Article 30 of the Constitution. However, the Committee would like to point out that since the School Management Committee comprised of elected representatives of the local authority, parents or guardians of children admitted in such school and teachers, it was unlikely that parents/guardians and teachers would act against the interests of the School. The Committee, therefore, felt that the proposed amendment of School Management Committees functioning in an advisory capacity and not preparing School Development Plan is the best way to protect the interests of minorities.

9.202 On a specific query in this regard, the Legislative Department has opined that the setting up of School Management Committees would have a solitary effect by improving the management of the affairs of schools, whether Government, aided or private. The Committee was also of the view that School Management Committee as envisaged in sections 21 and 22 of the Act should continue to be made applicable to aided schools. The Committee was also in agreement with the Legislative Department’s proposal to have School Management Committees in unaided schools. However, they should function only in an advisory capacity thereby safeguarding their autonomy as well as helping in monitoring 25 per cent quota of admission for children belonging to disadvantaged group as envisaged under the RTE Act.

(f) 224th Report

Clause 3

9.203 The Committee felt that strictly speaking, the proposed amendment of section 1 of the Act could not be considered simply clarificatory in nature. The very fact that ‘qualifications of school teachers’ had been specifically included in the long title of the Act with resultant insertion of sub-section (4) clearly indicated that scope of the Act had been somewhat widened to cover all categories of schools and their teachers. However, in the light of the Supreme Court judgement and resultant ambiguity with chances of further complications in future, the Department does not seem to have other option but to go for such an amendment. The Committee was also aware about the urgent need for maintenance of quality education in schools across the country, specially in view of the Right of Children to Free and Compulsory Education Act, 2009 coming into force. The Committee believed that by bringing all categories of schools and their teachers within the ambit of the Act, the ambiguity appeard to have been removed and the mandate of the Council clarified in unequivocal terms.

9.204 The Committee observed that nowhere in the Act, the term ‘school’ had been defined. The Committee took note of the opinion of the Legislative Department that the term ‘school’ wouldl be construed in its generic sense. The Committee, however, was of the view that in the light of different categories of schools – Government, aided, unaided, minority, there needed to be a specific definition of the term ‘school’ in the Act. The Committee, accordingly, recommended that the same might be included under Section 2 relating to ‘Definitions’ of the Act. Clause 4 9.205 The Committee appreciated the stand taken by the Department to safeguard the interest of those serving teachers who did not have the required qualifications as prescribed by the amending legislation, specially in view of acute shortage of school teachers in the country. The Committee was, however, of the view that such consideration cannot continue indefinitely as it would amount to compromising the standard of education with untrained and less qualified teachers. One must not forget that both quality and uniformity of education being imparted in schools across the country could only be ensured by having

qualified and trained teachers. The Committee, therefore, strongly felt that an effective mechanism needs to be evolved for provision of adequate training to those teachers who need it. Consultation with the State Governments 9.206 The Committee appreciated the spirit of the proposed legislation to maintain quality of the education in schools uniformly throughout the country. But, education, being a concurrent subject, any change including policy formation should be as far as possible corroborated and substantiated by the State Governments. The Committee, therefore, recommended that the Department should convene a meeting of Education Secretaries of all States/UTs at the earliest so as to have the exact assessment of all the problem areas in the field of education. 9.207 The Committee also recommended that while framing the regulations for prescribing minimum qualifications for appointment of school teachers, NCTE should undertake a consultation process with all the State Government to ensure that a consolidated set of guidelines uniformly applicable throughout the country could be framed with an element of flexibility in the light of state-specific ground realities. General Observations 9.208 The Committee was of the view that while mushrooming of sub-standard teacher education institutions needed to be curbed, setting up of teacher education institutions in uncovered areas was also required to be taken at priority. As informed by NCTE, in 24 States/UTs which include all the North-East States, Bihar, Jharkhand, Orissa, West Bengal, Madhya Pradesh, U.P., Goa, Uttarakhand, Chandigarh, Delhi, Daman & Diu, Lakshadweep and Dadra and Nagar Haveli, requisite number of teacher education institutions did not exist. 9.209 The Committee strongly felt that a coordinated exercise by the Department and NCTE needed to be initiated for filling the very visible gaps in the availability of teacher education institutions in such a large number of States. If need be, special support may be provided by the Central Government in this regard. At the same time, situation prevailing in States having surplus teacher training institutions also needed to be looked into. Viability of utilizing the services of trained teachers coming out from these States in all other States facing shortage of trained teachers could be looked into. Nobody would deny the fact that only qualified and trained school teachers have a significant role in the imparting of quality education to children, future of our country. The Committee was, therefore, of the view that a mechanism of assessment and accreditation of teacher education institutions needed to be evolved on an urgent basis. Besides that, remedial steps needed to be taken for strengthening all categories of teacher training institutions, so that component of pre-service and in-service training becomes an essential part of service of school teachers and the element of their accountability could be realised. 9.210 The Committee recommended that the Bill be passed after incorporating the amendments / suggestions offered by it. 9.211 The Committee would like the Department to submit a note to it with reasons with Recommendations/suggestions made by it which could not be incorporated with Bill. (g) 225th Report Introduction 9.212 The Committee observed that no specific assessment about the quantum of litigation in different categories of higher educational institutions both in the Government and private sector had been carried out recently by the Department. However, phenomenal growth of higher educational institutions, specifically in the private sector with new diversifying courses emerging in the recent past had no doubt also resulted indirectly in the disturbing increase in the number of court cases. It was also true that fast track mechanisms are definitely more effective and productive as compared to regular courts which were overburdened and by all accounts struggling to ensure reduction of the huge pendency of cases. Against this backdrop, the Committee welcomed the proposed legislation for setting up dedicated tribunals for resolving all conceivable disputes relating to higher educational institutions. Consultation Process: 9.213 The Committee was of the view that education being a concurrent subject, the proposal for setting up State Educational Tribunals, needed a wider consultation process involving all the State Governments and Union Territories. With only very few States having formally supported the proposed Bill and in the absence of any opposition from the majority of the States/UTs, their presumed support does not seem to be very convincing. Not only this, the Committee observed that out of the Education Ministers of 19 States who attended the CABE meeting, quite a few were representing school Education Department. The Committee was, therefore, of the opinion that concerted efforts should have been made by the Department so as to ensure the specific response of all the States/UTs on the proposed legislation.

9.214 The Committee was not at all convinced with this justification given by the Department. The Committee would like to point out that the feedback received by the Law Commission was quite old. Higher Education Scenario at present is totally different with as many as 504 university level institutions functioning with every possibility of further expansion in future. Not only this, central higher educational institutions would be affected by the proposed Bill even though it did not encroach upon their existing grievance redressal mechanism. The Committee, therefore, opined that it would have been appropriate if central higher educational institutions were also consulted on the proposed Bill. 9.215 Committee’s attention had also been drawn to the fact that this proposed legislation shall be applicable to all types of higher educational institutions, both private and public institutions thereby bringing the private Higher Education Institutions under the purview of the proposed State and National Tribunals. However, the Committee noted that in the process of consultations, representatives of private institutions had not been engaged. Needless to mention, a segment of the stakeholders had not been consulted at all. The Departments’ assertion that status of incidence of litigation in private institutions is likely to be very high due to increasing role of private sector and also lack of internal forum for dispute resolution, further established failure of vision in not consulting these institutions. The Committee was of the view that it was very necessary to involve the stakeholders of private institutions in the consultation process, specially due to every likelihood of their different/additional problem areas. The Committee had also noted that the tribunals created by the legislation shall also have jurisdiction over the institutions engaged in medical disciplines. However, the Department had conceded that no direct consultations with regulatory bodies like Medical Council of India and Dental Council of India have been undertaken. The Committee could only conclude that consultation process on the proposed Bill had been far from satisfactory and the whole exercise seemed to be a hurried affair whereby important stakeholders had been either ignored or their consent presumed in case of nil response. (Para 2.3) 9.216 In order to fill the vacuum with respect to consultation with the States, the Committee tried to facilitate wider consultations by issuing a Press Release on the Bill inviting suggestions from the general public. In response, the Committee received memoranda from a good number of organizations/individuals on the proposed legislation. This feedback was circulated amongst the members of the Committee and issues raised therein were referred to the Department of Higher Education for their response. The Committee hoped that by obtaining the views from diverse groups, the consultation process on the Bill had been widened. Clause 2 9.217 Clause 2 of the Bill dealt with the applicability of the Act which is as follows:- “This Act should apply to all higher educational institutions other than the higher educational institutions engaged mainly in agricultural education and research.” The Committee found that this provision did not make it clear whether the proposed Bill would apply to private, aided or unaided institutions, deemed to be universities etc. The Committee had been informed that the proposed legislation covers all higher educational institutions both private and public. All institutions be it central, deemed or state universities, institutions of national importance, general educational institutions or professional educational institutions like medical and law colleges or universities had been covered under the Bill. The Committee was, however, of the view that institutions of diversified fields of education intended to be brought under the jurisdiction of Educational Tribunals under Government and private sector be clearly specified in Clause 2 so as to remove any ambiguity and likely complications in future. Clause 4 9.218 The Committee noted that at present, only two States, i.e, Orissa and Gujarat had State Educational Tribunals. The State Educational Tribunal in Orissa set up under a State Act had been functioning since 1974. Only matters like service conditions of Teachers, Grant-in-Aid, Accounts and Audit and closing down of only Aided Educational Institutions functioning in the State come under the jurisdiction of this Tribunal. The Committee would like to point out that the domain of State Educational Tribunals as envisaged under the Bill would be very wide with all categories of higher educational institutions both under the private and Government Sector coming under them. Not only this, their powers would also be wide-ranging. It was not known whether the State Government would be agreeable to notify the existing Tribunal under the proposed legislation. The Committee also noted that as per the details furnished by the Department, Gujarat has two State Tribunals i.e Gujarat University Services Tribunal and Gujarat Affiliated Colleges Services Tribunal. Jurisdiction of these two State Educational Tribunals also seemed to be limited. The Committee was not clear about the status of the existing State Tribunal in case the State Governments did not agree to notify them under the proposed legislation. Further, the Committee had no idea as to whether all the provisions regarding the State Tribunal would be acceptable to the State Governments. The Committee was of the view that all ambiguity in this regard needed to be removed at the earliest. Clause 5 and 6 9.219 The Committee believed that it would be practically very difficult for a three member Tribunal to take up a sizeable number of cases leave alone the issue of expeditious disposal thereof. The Committee found the suggestion of Law Commission

as practical and balanced as a five-member State Educational Tribunal would prove to be more effective. The Committee observed that level of cases filed in the two States having State Education Tribunals gave an idea about the outreach of proposed three-member State Education Tribunals. Total number of cases filed in Orissa Education Tribunal in 2007, 2008 and 2009 were 347, 499 and 428 respectively. This was the position when jurisdiction of this Tribunal was a limited one. Similarly, during the first seven month of 2010, while 827 cases were filed before the Gujarat University Services Tribunal, 250 cases were filed before the Gujarat Affiliated Colleges Services Tribunall during this period. The Committee was well aware of the fact that these two State Education Tribunals cover only a very limited aspect of litigation. Nobody could also dispute the fact that the proposed legislation envisages bringing under the purview of tribunals, litigation related to all conceivable aspects of higher educational institutions with the number of cases going up by many times that of what obtains at present. In such a scenario, a three member State Educational Tribunal would perhaps not prove to effective. The Committee, accordingly, recommended setting up of five-member State Education Tribunals. 9.220 Committee’s attention had also been drawn by another allied aspect relating to setting up of State Educational Tribunals. There were both small and big states in the country. Not only this, while some of the States had a very large concentration of all categories of higher educational institutions, very few institutions were there in other states. In such a scenario, the Committee strongly felt that one educational tribunal per State cannot be made uniformly applicable across al the States. The Committee, therefore, was of the view that this issue needed to be examined thoroughly and a viable mechanism for setting up or State Educational Tribunals worked out. 9.221 Clause 6(2) of the Bill provided that a person qualified to be appointed as a member of the State Educational Tribunal should not be less than 55 years of age. Similar provision had been made in respect of member of the National Educational Tribunal as in clause 22(2). The Committee did not understand the rationale for fixing such a minimum age limit. Prescribing the minimum age limit to fifty five years could lead to ineligibility of otherwise competent people. The Supreme Court judgment in the Union of India vs R Gandhi, Madras Bar Association stated that if tribunals were to function efficiently and effectively, they should be able to attract younger members who have a reasonable period of service. The Committee was of the view that in order to have a dynamic system of dispute resolution, youngsters should be engaged in the tribunals and to achieve that objective, the prescription of minimum age of fifty five years should be revisited. Competent person with adequate knowledge and experience, irrespective of his/her age should be considered for making the tribunals a successful mechanism for speedy disposal of cases. Clause 12 9.222 The Committee would like to draw the attention of the Department to the recent recommendation of a Supreme Court which stated that every two-member bench of the Tribunal should always have a judicial member. Whenever any large or special benches were constituted, the number of technical members should not exceed the judicial member. Keeping this in view, the Committee found that the Clause 12(2) violated the judgment of the Supreme Court as in the event of vacancy of the seat of Chairperson, the non-judicial member would chair the bench. The Committee therefore recommended that a re-thinking on the part of the Ministry was required and suitable amendment inserted. Clause 15(e) 9.223 Clause 15(e) provides for the jurisdiction, powers and authority of the State Educational Tribunals with respect to ‘matters relating to use of unfair practices, by any higher educational institution, which had been specifically prohibited under any law for the time being in force.’ The Committee noted that the term ‘unfair practice’ had not been defined in the Bill. It had been given to understand that unfair practices are comprehensively defined in a separate legislation namely the ‘Prohibition of Unfair Practices in Technical Educational Institutions, Medical Educational Institutions and Universities Bill, 2010” which proposed to prohibit and punish the unfair practices in the entire higher education sector, This Bill was pending and yet to become an Act. The Committee believed that without defining the term, ‘unfair practices’, it would be open to interpretation by the tribunals and courts. The Committee, therefore, recommended that the definition of the term unfair practices’ as in the aforesaid Bill should be incorporated in the Educational Tribunals Bills, 2010 in the form of a definition to avoid any confusion. Clause 21 9.224 The Committee expressed its reservations about the representation of as many as three Secretaries/ex-Secretaries to Government of India/equivalent rank in the National Tribunal. The Committee believed that this may lead to bureaucratization of the tribunal. Further, as Secretary level officers remain highly preoccupied with their assignments, their availability for sittings of National Educational Tribunal might not be so easy. These issues needed to be kept in mind and the composition of National Educational Tribunal may be reviewed accordingly. Clause 23

9.225 The Committee was not convinced by the justification given by the Department. It believed that the composition of the Selection Committee should be a balanced one as it would be appointing the Chairperson and members of the National Tribunals who would be discharging an important task of adjudicating on disputes primarily related to educational matters. Therefore, adequate representation of the academia should be ensured in the Selection Committee so that the basic spirit behind the proposed legislation is not defeated. Clause 51 9.226 Clause 51 provided for the non-applicability of this Bill to minority institutions the extent to which they were inconsistent with the functions and powers vested upon the National Commission for Minority Educational Institutions established by National Commission for Minority Educational Institutions Act, 2004 or provisions contained in that Act. It was clarified by the Ministry that minority institutions would come under the purview of the Bill and only those provisions which were inconsistent with the NCMEI Act would not apply. The Committee agreed with the stand taken by the Ministry as the service matters, disciplinary matters etc of the minority institutions would definitely fall under the proposed Bill and this in any way would not contravene the NCMEI Act. A dispute between a minority educational institution and a statutory regulatory body, arising not due to the minority character of the institution would not come under the purview of the Commission. General Observations 9.227 The Committee had the occasion to deliberate on the functioning of Tribunals in the country. It had been observed that majority of the tribunals created in the past have failed to deliver hassle free and speedy justice. In fact, there was a general perception that these tribunals were an attempt to bypass the regularly established courts and they had not been successful in easing off the pressure of the courts. There were views that the elongation of penalty system through these tribunals made the delivery of adjudication more complicated. The very fact that inspite of the existence of an administrative tribunal dealing with service matters, a need was felt for a tribunal exclusively for educational matters, was an indication that all was not well with the existing tribunals. It might be because of the non-execution of orders of the tribunals. The Committee was therefore, of the view that Government needed to identify the lacunae and weaknesses of existing tribunals system and then address them in the right perspective. The Committee would also like to emphasize that the orders of the Tribunals should have some force so that they were complied with within a specified period of time.

9.228 Reservations had been expressed by some stakeholders about the need of the proposed Bill. They opined that a separate law to make provisions for settlement of educational disputes, in addition to the existing laws in force, was not desirable as the implementation of multiple laws became difficult and tend to create litigations among stakeholders. Multiplicity of laws in the existing regulatory framework in higher education was one of the major flaws, as was observed by National Knowledge Commission (NKC), which was not conducive to innovation or creativity in higher education. The Ministry had agreed that tribunals were indisputably proliferating. The Law Commission, on the other hand, in its pursuit for decentralization of monolithic administration of justice in the country, had tended to support the setting up of educational tribunals. The Committee hoped that the tribunals as proposed under he Bill did not in any way hinder the quality, innovation and creativity in higher education and were able to deliver their mandate efficiently.

9.229 Another viewpoint which came to the notice of the Committee was that the provisions in respect of National Educational Tribunal should be deleted from the Bill. All tribunals within the territorial jurisdiction of the High Court fall within its jurisdiction both under Articles 226-227 and 228 of the Constitution as held by seven judges ‘bench in Chandra Mohan’s case. Therefore, constitution of Appellate Tribunal was inconsistent with the scheme of the Constitution. It was also suggested that, an Educational Division, on the lines of Commercial Division might be created in each High Court to hear appealed against the decisions of the State Tribunals. The Committee was of the opinion that the provision regarding setting up of National Educational Tribunal was within the judicial verdict as in Chandra Mohan’s case. Regarding the setting up of Educational Division, the Committee was of the view that since the Government was implementing the Commercial dispute bench for the first time, it can consider formation of such benches by increasing the number of High Court judges and Supreme Court judges whenever it planed to abolish the tribunals.

9.230 The Committee would like to highlight another area of concern which was speedy resolution of disputes. Reservations had been expressed regarding not specifying any time limit for adjudication in the proposed legislation. It had been pointed out that a time limit for completion of a dispute might be difficult to be included, since some of the complicated cases might take a longer time. There had been a suggestion that the Bill might provide for interim order by the tribunals. The Committee was also apprehensive that due to the complex structure of the tribunals, a greater level of litigation might be encouraged. Also, some of the procedures under the proposed Bill might lead to delays in the delivery of speedy justice. The Department had, however, clarified that the tribunals were expected to deliver fast-track conclusive adjudication and hence provision for interim orders might not be necessary. The Committee hoped that these tribunals would be successful in discharging their mandate for a fast-track speedy justice to all the litigants. The Committee felt that in a democracy there was always some scope for improvement in the administration system and therefore efforts to simplify the complex procedures should continue for a more easier and faster resolution of disputes.

It had been alleged that the setting up of State Educational Tribunals and the National Educational Tribunal was not a rational decision from the financial point of view as it would be an additional burden on the State and Central exchequer. As per the financial memorandum of the Bill, while one time capital investment on one tribunal was estimated to be about Rs.10 crore, recurring expenditure for the National Education Tribunal and for one State Educational Tribunal was Rs.1.25 crore and Rs.1 crore respectively. The Committee believed that before setting up tribunals, the magnitude of cases and costs incurred in litigation should be assessed. The Ministry had quoted from the report of the Law Commission: which stated as follows:

“the establishment of the proposed tribunals would be an un-economic venture. This raises a vital issue of expenditure on administration of justice. It is at present being treated as non-development expenditure…….A society without a system of efficient administration of justice in our parliamentary democracy is inconceivable…….Diversification and decentralization of administration of justice may necessitate specialist tribunals in certain well-defined areas where even if the workload is not sufficient, tribunals must be set up so as to relieve the congestion and burden on the generalist courts, to be precise, High Courts and the Supreme Court, thereby achieving the more desived result of speedy and expeditious disposal of disputes, avoiding strife and tension in the society.”

9.231 The Committee was of the view that if the tribunals proposed to be established serve their desired purpose and ease off the pressure from the courts, expenditure on them would be justified. However, if they did not serve the desired purpose, the Ministry should keep in mind the extent of wasteful expenditure on the same. The Committee recommended for fixing minimum court fee in case of tribunals as well which could consolidate the financial viability thereof.

9.232 The Committee felt that a view can be taken for setting up of district level Tribunals in the 230 districts having higher concentration of educational institutions. The other alternative in Committee’s view could be to have one district level Tribunal for 2-3 districts based on the number of institutions in these districts. The Committee would also like to draw the attention of the Ministry to the fact that Supreme Court in T.M. Pai Judgement while recommending district level Tribunals had suggested that the district Tribunals could hold circuit/camp sittings in different districts. The Committee would appreciate if the viability of all alternatives can be assessed and required action taken accordingly. 9.233 The Committee had noted that the word ‘students’ had not been included in the proposed Bill though it found place in the Preamble. The students were a major stakeholder as far as this Bill was concerned. In fact, they were the victims of unfair practices in terms of ragging, charging capitation fees and other institutional malpractices. The Committee believed that the students were the soul of an institution and their interests should be protected and taken care of. This could only be made possible by including the word ‘students’ in the substantive clause. The Ministry had submitted that the students had not been left out of the legislation. The grievances of the students were most likely to arise out of certain unfair practices adopted by some higher educational institutions. The State Tribunals were empowered under Clause 15(c) of the Bill to entertain all cases relating to unfair practices brought before it by any person which included students also. A separate but inter-connected Bill, namely Prohibition of Unfair Practices in Technical Educational Institutions and Universities Bill, 2010 had been introduced in the Parliament which sought to protect the interests so students against all types of unfair practices. The Committee was not convinced by the Ministry’s justification as there was no harm in including the word ‘students’ in the Bill and making it apparently clear for the students themselves so that they can sought justice and safeguard their interests. 9.234 Reservations had been expressed by stakeholders of private institutions regarding the proposed tribunals to follow the same yardstick for the public and private institutions. It was a well known fact that private institutions implement various incentives and accelerated increment options to enthuse and encourage qualified teaching faculty to join their institutions and continue serving their institutions. However, recruitment and promotion policy was different in the public institutions. The Committee wondered as to how the tribunals would deliver justice in respect of public and private institutions with different policies. They would had to devise separate mechanism for private institutions based on the principle of natural justice. Same yardstick for both public and private institutions would not work out well as it would give rise to various litigations and also dampen the innovative mechanisms followed by private institutions. The Committee hoped that this may be clarified in the proposed Bill. 9.235 Suggestion of giving representation to Scheduled Caste and Tribes (SCs & STs) in the state and national tribunals had been received. The Committee was of the view that interests of SCs & STs should be protected and due representation given to them. (h) 226th Report 9.236 While appreciating the initiative taken by IISERs the Committee would like to point out that the inter-disciplinary knowledge regime as indicated by the Department is not clearly spelt out in the Bill. The Committee was of the view that this needed to be sustained, strengthened and expanded further. It hoped that the Department would seriously strive towards flexibility for freedom and research environment within inter-disciplinary regime so that the students could practically move seemlessly from one area to another.

Inclusion of IISERs under the NIT Act

9.237 The Committee would like to emphasize that concerted efforts by all concerned, be it the Department, respective State Governments or the IISER authorities, had to be made in a time-bound manner so that all the IISERs having state of the art facilities were fully functional at the earliest. Only then the objective of declaring the five IISERs as the institutions of national importance would be achieved in the real sense. For reaching this goal, the Department will have to play a very pro-active role. Impact of NIT Act, 2007 on the existing NITs 9.238 The Committee welcomed the further expansion of NITs which had made significant contribution in making the outreach of technical education possible to the remotest corners of the country. The Committee, however, would like to reiterate that like the IISERs, the process of making the new NITs fully functional in a time bound manner needed to be ensured by all the stakeholders. Here again, the Department would had to play a proactive role by being both facilitator and co-ordinator. 9.239 The Committee observed that the first Statutes of each NIT were envisaged to be framed by the Central Government at the earliest after the NIT Act was enacted on 6th June, 2007. However, these Statutes pertaining to crucial matters like methods of appointment and service conditions of teachers / officers of NITs, formation of departments, establishment and maintenance of halls / hostels etc. could come into force w.e.f. 23rd April, 2009. Gap of almost two years for bringing in place all the requisite formulations/guidelines, the most essential components for the running of national institutes could not be considered an ideal proposition. The Committee, accordingly, would like to emphasize that all the Statutes for IISERs and the new ten NITs needed to be framed at the earliest after the enactment of the proposed legislation.

Status of Faculty

9.240 Committee had been voicing its serious concern about the non-availability of required faculty in the higher education institutions. With the massive expansion of higher education, both in the Government and private sector along with new specialized courses emerging in the recent years, acute shortage of qualified teachers was showing an increasingly disturbing trend. In such a scenario, the Committee strongly felt that while setting up new higher education institutions, specially premier institutions like IISERs and NITs, this crucial area needed to be paid the maximum attention. The Committee would like to point out that in a vast country like ours, there was no dearth of experts and scientists and also fresh pass-outs who can prove to be very good teachers. However, in spite of Government’s best efforts by formulating many incentive schemes, required qualified faculty was simply not there.

9.241 While appreciating the present level of faculty available at the upcoming IISERs, the Committee would like to point out that this trend not only needed to be sustained but also strengthened to keep pace with the requirements of a fully functional Indian Institute of Science Education and Research with newer diverse areas of education being taken up in future. The Committee had its own doubts about the status of faculty at the existing twenty NITs. Position would not be encouraging for the upcoming ten NITs. The Committee could only reiterate that by simply declaring these NITs also as institutions of national importance through a statutory mechanism, they cannot acquire the status of a premier institute in the real sense. For achieving this, need of the hour was to have qualified and motivated faculty. This problem-area needed to be tackled in a mission mode. Present trend of guest faculty/ visiting professors as teachers could only fill up the very visible gaps in a very limited way. The Committee, therefore, recommended that the Government should adopt a coordinated approach for filling the very tangible gaps in the availability of the faculty. The Committee would like the Department to provide special incentives to attract more and more trained faculty for these institutes to achieve academic excellence.

Admission Procedure for IISERs

9.242 The Committee noted that for admission in the five-year integrated Master’s course at the IISERs, students had to qualify in IIT JEE or Kishore Vaigyanic Protsahan Yojana or had to be among top one per cent of students in 12th standard examination of CBSE and other Boards. The Committee was not aware about there being any quota prescribed for the three different eligibility criteria. If not, the Committee failed to understand as to what would be the mechanism for deciding the admissibility of number of students qualifying the different criteria. The Committee also had its reservations about performance level in CBSE Boards and other Boards having varying standards being fixed as the eligibility criteria. The Committee, therefore, recommended that eligibility criteria for admission in IISERs might be reviewed and revised accordingly.

Composition of Boards of Governors 9.243 However, at the same time, the Committee was constrained to observe that there was a very apparent difference in the composition of Board of Governors of NITs and IISERs. As per the latest amendment, against an eleven member Board of Governors of NITs, IISER Board of Governors would be having sixteen members. Whereas out of the eleven member Board of Governors of NIT, there were only two Joint Secretary level representatives of Central Government dealing with technical education and finance, IISER Board was proposed to have, besides three Secretaries representing scientific or industrial Ministries of Central Government, Secretary, Department of Higher Education and Financial Adviser, Ministry of HRD. Secondly, four eminent scientists were to be nominated to the IISER Board by Central Government against two persons (one of

them a woman) from education / science / engineering background being nominated to the NIT Board by its Council. This clearly showed that not only there was over-representation of Central Government nominees, but experts were also being nominated by the Central Government, with the Council not having any say in the selection of experts as in the case of NITs. The Committee would like a change in the pattern and, accordingly, recommended that composition of the Board of Governors for IISERs may be reviewed and made more expert specific in line with the mandate of IISERs.

9.244 The Committee noted that the Secretary of Department of Higher Education, the Chief Secretary of the State in which the institute was located and the Financial Advisor of the Ministry of Human Resource Development should be ex-officio members of the Board. It was understood that these officers might also be nominated to other similar bodies. Due to their pre-occupation with manifold assignments it might not be possible for them to attend the meetings. As a result, both the Department and the State Government invariably remained deprived of useful inputs due to absence of their representatives on the Board. The Committee, therefore, felt that a viable alternative could be to authorise designated nominees of such members to attend the meetings of Board, in the event of their being not present due to unavoidable circumstances.

Clause 12 – Composition of IISER Council.

9.245 The Committee would like to point out that instead of five there should be four Secretaries nominated to the IISER Council on the pattern of NIT Council. Clause 12 might be amended accordingly. (i) 227th Report

Consultation Process 9.246 During the course of its extensive deliberations with various stakeholders, one issue which was raised again and again was their non-involvement in the consultation process and their concerns not being addressed fully. From the very detailed feedback received from the Department as well as its interactions with all concerned, the Committee was constrained to observe that perhaps the present Bill was not shared with the stakeholders at the same level as the 2005 draft Bill. However, the Committee felt that by undertaking a very intensive consultation drive by issuing a Press Release followed by giving an opportunity to all the stakeholders to present their views in person as well as in writing had now left no scope for any stakeholder being denied the opportunity to have his say. Not only this, the Committee had also obtained the response of the Department on all the issues raised/ apprehensions voiced by a large number of witnesses. 9.247 The Committee had also observed that, by and large, many witnesses working in different areas touching upon different copyright related domains were primarily concerned with the safeguarding of their professional interests. Overall impact of copyright law did not seem to be an issue pertinent enough. The Committee could only say that it was the primary duty of the Government, as the law maker, responsible for both domestic interests and international commitments to do a balancing act. Similarly, the Committee was mandated to make an objective assessment of all the proposed legislations referred to it. It was against this backdrop, the Committee was making its observations/recommendations in the succeeding paragraphs. Clause 2: Section 2(d) (v) and (z), Clause 5: Section 17 and Clause 12:Section 26 Joint authorship for producer and principal director in cinematograph films 9.248 The Committee shared the apprehensions of the stakeholders about the proposed inclusion of principal director as author in clause 2 (d) (v) of the Act. Department’s admission that "such a provision was not prescribed in most of the jurisdictions like USA" and the matter was taken care of through other means corroborates such apprehensions. It was again intriguing that none of the international treaties namely WCT and WPPT or even Rome Convention stipulate such a concept. It was well established that the producer was the kingpin who invested substantive money, raised finance through institution, utilized persons/expertise and brought out a product i.e film. He took such initiative and responsibility for making the work and chose the director on certain offer. It was also an undisputed fact that a director played a major role in the making of a film but in co-ordination with the producer only. The Committee was also surprised to note that nowhere in the proposed Bill, the term "principal director" had been defined whereas the definition of the term "producer" had been provided under section 2 (uu) of the Copyright Act, 1957. The Committee felt that this definition of producer ought to have been modified in the context of the proposed amendment. It was also pointed out that the term 'principal director' was not defined under the Berne Convention also. The Committee was not convinced by the contention of the Department that such a definition was not required due to the clear understanding in the film world about the identity of principal director as there were different directors responsible for different aspects of film making like music director, art director, action director etc. More so there was no word as 'principal director' in the parlance of the cine industry at all as 'director' was the term used for any person who co-ordinates 'in general way' while others were on specific work as music, art, dance etc.

9.249 The Committee observed that opportunity to have partnership in a cinematograph film was being given to an undefined person i.e principal director without any liability/responsibility being assigned to him. In fact, in the film industry today,

directors were getting huge money as fee under a mutual contract drawn with the producer without any pressure whatsoever, leaving no cause for marginalization. The Committee had been given to understand that even in Hollywood, fee was allowed and certain profit was shared under a system/agreement where under no equal partnership between the director and the producer was there. Such a system could exist in Indian cinema also. The Committee endorsed the apprehensions that the proposed amendment would create a lot of uncalled for and unnecessary problems in the Indian cinema. The Committee was in agreement with the contention of some stakeholders that this might lead to a situation when the producer might not engage directors and may become director, script writer etc. himself. Further directors migth not work in the same capacity and they might be pushed down as assistant directors, which would stop the upcoming directors to reach the top in industry. 9.250 Nobody could deny the fact that interest of producers of old films needed to be fully protected. But the Committee failed to comprehend the rationale behind the proposed introduction of a new stakeholder, i.e., principal director that too for films produced 50 years ago. The main objective of this exercise was to protect the producers of old films economically. It seemed remedy proposed was worse than the problem.

9.251 In view of the above, the Committee was of the view that the proposed amendment to include principal director as author of a cinematograph film along with producer might create confusion and lead to uncalled for situations instead of serving the purpose intended for. Committee's opinion rests on the premise that there was a system existing presently whereunder producers and directors were free to negotiate on their own terms and conditions. Under these negotiations/contracts, directors were not only paid their negotiated salary/fee but also certain rights in perpetuity relating to the script. Further, as per the existing system, the principal director was not taking any equity risk in the production/performance of a film and it was the producer alone who ran the risk of his investment not being recovered. The Committee strongly felt that the proposal of joint ownership is unfair. It, therefore, recommended that the proposal to include principal director as author of the film along with producer might be dropped altogether. Clause 2: Definition of the term 'cinematograph film' 9.252 The Department had clarified that the definition of the term "cinematograph film" was being revised to tackle the exploitation of works in digital medium. The Committee, however, felt that the amendment could not be accepted as future systems of electronic format/formation would be left out. Clause 2: Definition of the term 'commercial rental' 9.253 The Committee found merit in the apprehensions voiced by different stakeholders. It was apparent that the definition of the term 'commercial rental' was too wide and open ended. Mere assurance of interests of copyright owners remaining fully protected would serve no purpose. The Committee would also like to point out that the absence of any clarity on the non-profit character of a public library or an educational institution was likely to result in different interpretations and resultant legal complications. The Committee, therefore, was of the view that in the light of very convincing facts put forth by the stakeholders based on their experience as copyright holders and service-providers, the proposed amendment needed to be reexamined from all conceivable aspects. One option could be to clearly spell out the criteria for designating a library/educational institution as non-profit based. The other option could be to restrict the application of this clause to only Government recognised libraries/educational institutions. Either way, such specification needed to be there in appropriate place either in the Act itself or in the relevant rules. Clause 2: Definition of the term 'communication to the public' 9.254 The Committee felt that the reservations of the stakeholders were unfounded. Issuing physical copies or legitimate digital downloading music or video recording by payment could not be considered a communication to the public. The Department had justified the proposed amendment for exploitation of digital mediums. As the amendment was in tune with the technological advancement, the Committee accepted the amendment. The Committee was also of the view that the copyright societies could play a pro-active role in resolving problems, if any, arising due to the proposed changes in the definition. Clause 2: Definition of the term 'infringing copy' 9.255 After analysing the viewpoints of all the stakeholders along with the clarifications given thereupon by the Department, the Committee was of the view that proposed inclusion of the proviso in the definition of the term 'infringing copy' seemed to be a step in the right direction, specially in the prevailing situation at the ground level. The present practice of publishers publishing books under a territorial license, resulting in sale of books at very high rates could not be considered a healthy practice. The Committee also noted that availability of low priced books under the present regime was invariably confined to old editions. It had been clearly specified that only those works published outside India with the permission of the author and imported into India would not be considered an infringed copy. Nobody could deny the fact that the interests of students would be best protected if they have access to latest editions of the books. Thus, apprehensions about the flooding of the primary market with low priced editions, might be mis-founded as such a situation would be tackled by that country's law. The Committee would,

however, like to put a note of caution to Government to ensure that the purpose for which the amendment is proposed i.e to protect the interest of the students was not lost sight of. Clause 2: Definition of term 'Rights Management Information' 9.256 On drawing the attention of the Department to these issues, the Committee was informed that the proposed definition of the term 'Rights Management Information' included all kinds of information including Subscriber Management System'. It was based on the WCT and WPPT mandate whereunder Rights Management Information did include device or procedure intended to identify the user. The Committee was of the view that in the light of clarification given by the Department, the proposed definition of the term ' Rights Management Information' was in order. Clause 6: Section 18: Assignment of copyright 9.257 The Committee observed that the main contention between authors/composers of film lyrics and music compositions and Film/Producers Music Companies was about the rights relating to film music. Film music rights were bundle of copyrights which include synchronization right, performing rights, mechanical reproduction right and sound recording right. Synchronisation right was that when a music or song was synchronized to a film, video, television or commercial etc. Performing rights were right to perform music in public specially in broadcasting (TV/Radio), restaurants, airlines, auditoriums or public functions etc. Mechanical reproduction rights were a royalty paid to a song writer whenever a copy of one of their songs is made. Sound recording rights were owned by producer or a recording company.

9.258 When a song or music was incorporated in a film, it was relating to synchronization right of author and music composer which was assigned to the producer of the film as per section 17 (b) or in the absence of agreement, film producer was the first owner. However, film producer was also getting other independent rights of author and music composer of their works envisaged in section 13 of the Act. As per section 17 (b), he further assigns these rights to the music companies for upfront lump-sum amount. When the films songs were performed separately and independently through TV/Radio, restaurants, airlines, auditoriums or public functions etc. film producer becomes the first owner and authors/music composers lose economic benefits of exploitation of their works to music companies who become ultimate owners of these works.

9.259 The Committee also took note of the fact that independent rights of authors of literary and musical works in cinematograph films were being wrongfully exploited by the producers and music companies by virtue of Supreme Court judgment in Indian Performing Rights Society vs. Eastern India Motion Pictures Association (AIR 1977 SC 1443) which held that film producer was the first owner of the copyright and authors and music composers did not have separate right. The Committee, however, observed that in the footnote of this very judgement, Justice Krishna Aiyar also advised as follows:

"the authors and music composers who are left in the cold in the penumbral area of policy should be given justice by recognizing their rights when their works are used commercially separately from cinematograph film and the legislature should do something to help them".

9.260 It was also clarified through this judgement that the right of producer in a film as entitled under section 14(1) (c) could not trench on the composer's copyright given under section 14(1) (a) when the music was separately played in a restaurant/aeroplane/radio station/cinema theatre. If producer enjoyed synchronization right, authors/composers should enjoy performing right. The footnote of the judgement also stated that the twin rights can co-exist, each fulfilling itself in its delectable distinctiveness. 9.261 The Committee could only conclude in the light of the long standing infirmity in the copyright law outlined above that proposed amendments in section 17 and 18 were overdue. It had taken more than thirty years for the legislature to act upon a Supreme Court directive which indeed was a very sad state of affairs. The Committee emphatically recommended that this long standing infirmity in the copyright law needed to be removed without any further delay. 9.262 The Committee observed that some of the apprehensions of film producers were not well-placed. The Committee found that authors/composers were paid fee for creation of their works and not upfront guaranteed royalties as mentioned by film industry. The Committee would also like to point out that promoting of new talent was the hallmark of the film industry which gave incentives to producers as well. In case of non-film music, specially in the case of upcoming artists, if music companies launch them by flooding their records in the market, it would be a good exposure for them, finally leading to the growth of music industry. 9.263 Committee's attention had also been drawn to section 13 (3) (a) of the Act which provided that copyright should not subsist in any cinematograph film if a substantial part of the film was an infringement of the copyright in any other work. Section 13(4) further provided that copyright in a cinematograph film or sound recording should not affect the separate copyright in any work in respect of which or a substantial part of which, the film or sound recording is made. The proposed amendments in section 17, 18 and 19 were the reiteration of what was already provided in section 13 of the Act. In short, the proposed amendments in section 18 would protect interests of authors in the event of exploitation of their work by restricting assignments

in unforeseen new mediums and henceforth author of works in films would have right to receive royalties from the utilization of such work in any other form except to the legal heirs or to a copyright society and any other contract to the contrary shall be void. 9.264 The Committee also observed that many countries permit the assignment of rights in a musical or literary work in past, present and future works. As this assignment pertained to the public performance, communication to public, broadcast and cable transmission rights, it was immaterial whether any new mode/medium of use which was not there at the time of assignment provided that these rights in the literary/musical works had been assigned to the legal heirs and also to a copyright society. As a rule, the copyright society would simply proceed to license new uses, collect royalties and distribute them back to copyright owners. This institutionalized system would greatly benefit the authors/lyricists and the composers as individually they might not be in a position to collect their royalties. 9.265 The Committee would like to add a note of caution here that the system of institutionalized societies needed to be strengthened as everybody might not be in a position to negotiate contracts with equity and there was a vast difference between contract of service and contract for service. Established names might negotiate and demand equity but beginners might remain at the receiving end and their contribution might go unnoticed and unrecognized. The Committee felt that the film industry needed to address this issue urgently and also evolved a viable profit sharing system for other categories of craftsmen/technical experts engaged in the making of a film. Clause 7: Section 19: 'Mode of Assignment' 9.266 The Committee observed that one of the main objectives of the proposed legislation was to ensure that the authors of the works, in particular authors of songs included in cinematograph films or sound recordings, receive royalty for the commercial exploitation of such works. With a view to remove any element of ambiguity which might give rise to complications or different interpretations in future, and also to protect the right of authors and music composers to claim their royalties in non-film works, the Committee recommended following amendments in clauses 6 and 7of the Bill:

Proposed Second Proviso to section 18 may be revised as follows:

"Provided also that the author of the literary or musical work included in a cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for the utilisation of such work in any form other than for the communication to the public of the work along with the cinematograph film in a cinema hall, except to the author's legal heirs or to a copyright society for collection and distribution and any agreement to contrary shall be void".

Third proviso as indicated below may be added to section 18: "Provided also that the author of the literary or musical work included in the sound recording but not forming part of any cinematograph film shall not assign the right to receive royalties to be shared on an equal basis with the assignee of copyright for any utilisation of such work except to the author's legal heirs or to a collecting society for collection and distribution and any assignment to the contrary shall be void".

Proposed sub-section (9) of section 19 should read as follows:

(9) "No assignment of copyright in any work to make a cinematograph film shall affect the right of the

author of the work to claim an equal share of royalties and consideration payable in case of utilisation of the work in any form other than for the communication to the public of the work, along with the cinematograph film in a cinema hall".

sub-section (10) as indicated below may be added to section 19: (10) "No assignment of the copyright in any work to make a sound recording which does not form part of

any cinematograph film shall affect the right of the author of the work to claim an equal share of royalties and consideration payable for any utilization of such work in any form".

Clause 8: Section 19 A: Disputes with respect to assignment of copyright 9.267 The Committee took note of certain reservations expressed about the implications of the proposed amendment. It was pointed out by the South India Music Companies Association that such a move might lead to situations when music composers/lyricists might file frivolous applications for revocation and still continued to get royalty on the basis of an interim order of the Copyright Board. The Committee felt that these apprehensions were somewhat misplaced as Copyright Board, a statutory authority was fully competent to assess the merit of a case filed with it. The Committee was, however, of the view that

with a prescribed time-limit for adjudication of an application by the Copyright Board, there was little likelihood of any undue delay or any deliberate attempt on the part of a complainant. The Committee, accordingly, recommended that necessary provision in this regard might be added at the appropriate place. Clause 15: Section 31: Compulsory licence in works withheld from public 9.268 While welcoming the spirit behind the proposed amendments, the Committee strongly felt that all grey areas in respect of compliance of TRIPS Agreement and WTO commitments needed to be made very clear. Reason being was that queries raised by the stakeholders had not been responded fully and any ambuiguity in such an area may lead to unnecessary complications. 9.269 The Committee had been given to understand that the Supreme Court and various High Courts interpreted this provision to facilitate issue of multiple compulsory licences. The Committee, however, found merits in the above objections specially in view of the present set-up of the Copyright Board. The Committee was of the view that criteria qualifying a person to file a complaint before the Copyright Board needed to be specifically provided for, if not in the Act then in the Rules. A time-frame for disposal of such complaints also needs to be laid down in the Rules, if not already done. 9.270 The Committee also took note of the proposed amendments in section 31 A relating to compulsory licence in unpublished Indian works. The provision of compulsory licence for orphaned works available under this section was proposed to be extended to published works as well. Like in the case of section 31, extension of applicability to all foreign works (including film, DVDs, etc.) could be violative of Berne Convention and TRIPS Agreement and seemed to fall short of the minimum obligations imposed by such instruments. The Committee was of the view that future implication of proposed amendment in Section 31A vis-à-vis India's commitment to international agreement needed to be free from any ambiguity so as to prevent any negative fallout. Clauses 17 and 31: Section 31B: Compulsory licence for benefit of disabled Section 52(zb): Certain acts not be infringement of copyright.

9.271 After analysing the proposed amendments as envisaged in section 31B and 52 (1) (zb) in the backdrop of interactions held with various stakeholders and the Department, the Committee strongly felt that concerns raised by the organizations working for the disabled were indeed very genuine. The Committee would like to point out that the real objective behind these two provisions was to facilitate the cause of the disabled. Every attempt needed to be made to remove all the drawbacks highlighted in the proposed amendments.

9.272 The Committee was of the firm opinion that all physically challenged needed to be benefitted by the proposed amendments. It would be very discriminating if envisaged benefit remained restricted to only visually impaired, leaving out persons affected by cerebral palsy, dyslexia and low vision. The Committee took note of fact that even regular Braille users complement Braille with other accessible formats like audio, reading material with large fonts and electronic texts. The Committee also observed that the modern day Braille production was dependent on the material being first converted into mainstream electronic formats such as MS Word because Braille translation software requires inputs in such formats. The Committee hoped that the request of orgnisations for extending access of works to all accessible formats instead of special formats presently under consideration of the Department would result in a positive outcome. The other request for widening the scope of compulsory licence to allow other entities working for disabled in case it was not possible to withdraw section 31 B also merited a sympathetic consideration by the Department.

9.273 The Committee would finally reiterate that the Department needs to bring out the required modifications in section 31B and 52 (1) (zb) based on very pertinent concerns raised by the organizations working for the cause of the disabled.

Clause 17: Section 31C: Statutory licence for cover versions

9.274 The Committee was inclined to agree with the Department's view that continuation of fair use clause with statutory license under 52 (1) (j) needed to be removed from the list of fair dealing under section 52 and be placed under Chapter VI i.e., licences. The Committee had been given to understand that the proposed provision would lead to protection of interest of music industry engaged in the creation of original music and certain additional safeguards through a statutory licencing provision had been provided to suit the needs of the music industry in digital environment and to ensure that while making sound recording of any literary, dramatic or musical work, the interest of the copyright holder was duly protected. The Committee failed to understand the reservations of music companies specially in view of proposed provision being incorporated in place of existing provision that too in the background of judicial pronouncements.

Clause 17: Section 31D: Statutory licence for radio broadcasting of literary and musical works and sound recording

9.275 While agreeing with the justification given by the Department for bringing in Section 31 D, the Committee would like to point out that there should be no ambiguity in its applicability. The Committee also took note of the that following procedural shortcomings specially taking into account ground realities-

- viability of payment of royalty in advance. - Practicability of compulsory mentioning of artists' names - Requirement of maintenance of agreement between the radio broadcaster and the copyright society may form

part of relevant rules.

The Committee would be happy if a viable solution of the aforesaid shortcomings is arrived at.

Clauses 18: Section 33: Registration of copyright society Clause 20: Section 34: Administration of rights of owner by copyright society. Clause 22: Section 35: Control over the copyright society by the owner of rights. 9.276 The Committees notes that there were inherent problems in the administration and functioning of copyright societies which had been continuing since long. Situation had deteriorated to such an extent that the owners of works/music companies were dominating these societies denying equity shares to the performers/authors. The basic reason for such a dismal scenario was obviously entirely different considerations and interests of the owners and authors. The Committee further noted that due to the subjective functioning of the copyright societies authors were being invariably put to disadvantages. The Committee, after hearing the views of all the stakeholders representing both owners and authors was aware about the specific but very different concerns of both these parties. The Committee also took note of the justification given by the Department that in view of owner members taking control of the copyright societies, formation and administration of copyright societies was required to be placed under the control and supervision of the authors. 9.277 The Committee, after analyzing the pros and cons of the proposed amendments felt that obliging only authors to form and register a copyright society might not prove to be a right decision as it might lead to serious practical consequences. Firstly, it would keep the owners of rights viz recording companies, music publishers, book publishers etc out of the ambit of these societies leading to a vacuum. It would not be wrong to say that it would be a remedy worse than a malaise. Secondly, the complete handover of the copyright society to the authors alone would not be fair and balanced. Legally and practically the owners of rights had been the owners of copyright and there would be no harm if they also remained members of the copyright societies. The Committee took note of the fact that this was a suggestion made by some of the stakeholders. Composition of the copyright society should be such that both authors and owners get their rightful share. The Committee further felt that there was no denying the fact that authors need protection of their rights. However, the way to achieve this protection is not by excluding the other stakeholder i.e owners of rights. A mechanism had to be evolved whereunder both authors and owners were allowed to form and administer the copyright societies with all the members having equal rights and powers. 9.278 The Committee was well aware of the fact that the author of work was the original person who authors. Equally true was the fact that the subsequent owner could be any other person. If the word owner of copyright was removed from the existing provisions, it would simply mean that subsequent owner would have no right and would not be entitled to any benefits. Therefore, the blanket removal of the word “owners of right” cannot be considered an appreciable move. The Committee, therefore, recommended that the proposed amendments in Sections 33, 34 and 35 might not be carried out. At the same time, the Committee would like to emphasise that composition of the copyright societies should be balanced, with equal rights for all categories of members. The Committee would also like to draw the attention of the Department to section 33(4) whereunder the Central Government could cancel the registration of a copyright society if it was satisfied that it was being managed in a manner detrimental to the interests of the concerned owners of rights. The Committee strongly felt that with such a specific provision already existing, situation with respect to functioning of IPRS could had been easily handled. Clause 19: Section 33A: Tariff Scheme by copyright societies 9.279 The Committee noted that various stakeholders including the existing copyright societies had certain reservations against the proposal. Committee’s attention had been particularly drawn by the apprehension about copyright societies coming up with high tariff schemes drawn up solely at their discretion. The Committee was also given to understand that at present there was no check on the formulation of tariff scheme but merely a requirement of publication by the society. With the proposed amendment coming into effect, the aggrieved person would have no alternative but to pay the fee as per the tariff scheme and may face unnecessary hardships before the appeal was decided and the relief, if any, at the end of the appeal might not prove be sufficient for the loss caused.

9.280 The Committee, taking into account the viewpoint of both the stakeholders i.e the copyright societies and the users, observes that there was no denying the fact that the process of fixing tariff by the copyright societies was not transparent. As per the existing system, the copyright societies were free to fix tariffs without any visible basis / criteria. There was no system of broad-based consultations by these societies as was done in other sectors such as telecom, insurance, broadcasting and electricity.

The Committee observed that in these sectors, stakeholders were consulted before tariff was fixed and notified. However, such a system was completely lacking in case of copyright societies. As a result, there were instances of arbitrariness, arm twisting and negotiations by these societies.

9.281 The Committee was of the firm view that the proposed amendment will result in the introduction of a system of a transparent formulation of tariff scheme by the collective administrative copyright societies, which would be subject to scrutiny by the Copyright Board on receipt of appeal by the aggrieved party. At the same time, the Committee would like the Department to take note of the concerns of the various stakeholders and provide for a transparent process of tariff fixation by the copyright societies with necessary changes in the relevant rules. The Committee would also take the opportunity to observe that for putting in place a well-defined and balanced tariff scheme, functioning of Copyright Board as well as copyright societies also needed to be regulated, strengthened and made foolproof so as ensure that all the stakeholders are benefited. The Committee would be giving its recommendations in this regard in the later part of the Report. Clause 25 :Section 38 : Performer’s Right Clause 26 :Section 38A : Exclusive right of performers Section 38B : Moral rights of the performer. 9.282 The Committee was inclined to agree with the justification given by the Department for inclusion of new provisions, sections 38A and 38B. The Committee felt that apprehensions of film producers and music companies were not well-placed, being guided by their commercial interest. By deleting section 38 (3) and (4) and bringing in very specific provisions for exclusive and moral rights of performers, the Department had only made an attempt to protect the interests of stakeholders in line with the international commitments. 9.283 The Committee would, however, like to draw the attention of the Department to one ground reality highlighted by the Association of the Radio Operators of India. It was emphatically mentioned that defining ‘performance’ as including communication by any means to public of any sound recordings virtually over-rules the current judicial deliberations on whether free broadcast through radio constitutes performance. Playing of recorded songs cannot be construed as performance and this matter is currently under review of courts. The Committee was of the opinion that contention of the Association needed to be looked into and provision modified in the light of court rulings. Clause 31: Section 52: certain acts not to be infringement of copyright 9.284 In the light of the divergent views expressed by the stakeholders particularly with regard to the stipulation of 14 days period under 52 (1) (c) the Committee was of the view that the viability of the duration of 14 days might again be reviewed by way of balancing the views of the stakeholders as well as the lagal requirement in the matter. As for the words the "transient and incidental" occurring in section 51 (1) (b) and 52 (1) (c) the Committee recommends that the word 'and' may be replaced with the word or in both the clauses so as to read "transient or incidental". The Committee felt that this will take care of the concern of ISPs for unlimited liability for third party actions. Clause 36: Section 65 A: Protection of technological measures Section 65 B: Protection of Rights Management Information 9.285 When these concerns were taken up with the Department it was clarified that one of the drawbacks of digital technology was the possibility of high rate of infringement (digital piracy) and the technological solutions were used to prevent this. Digital locks (technological protection measures –popularly known as TPM) were invented to prevent infringement of works. At the same time, duplicate keys (circumvention technology) were also developed to unlock the digital locks used by owners of copyright to prevent infringement. The use of TPM had a significant impact on users since the freedom to use the work (fair use of works) permitted by law was considerably regulated through these measures. In the absence of the owner of the works providing key to enjoy fair use, the only option was to circumvent the technology to enjoy fair use of works. There was considerable demand to protect the TPM from circumvention by banning manufacture and sale of devices used for circumvention. On the other hand, the users argued that this would prevent the development of dual use technology and also prevent the enjoyment of fair use permitted by law. The major problem of use of law in preventing circumvention was the impact on public interest on access to work facilitated by the copyright laws. Attention was drawn to the WIPO treaties which provided a very flexible provision to protect TPM. This provision allowed member countries to develop laws to prevent circumvention of technological measures, keeping in mind the public interest of access to works. Developed countries like US, EU, Australia, Japan etc. had enacted laws to prevent circumvention resulting in abuse and affecting public interest. The unintended consequences of these laws resulted in blocking research and development of new technologies. It was pointed out that India was yet to face major problems of circumvention due to low level of penetration of digital technology. Taking note of experience of developed countries in developing laws for prevention of circumvention of technological measures, the Committee agrees with the approach as enshrined in section 65 A to give limited legislative guidelines and allow the judiciary to evolve the law based on practical situations, keeping in mind the larger public interest of facilitating access to work by the public. The Committee took note of the fact that many terms had been consciously left undefined, given the complexities faced in defining

these terms in the laws of developed countries. The Committee would, however, like to emphasize that a constant watch would have to be kept on the impact of this provision and corrective measures taken as and when required. 9.286 The Committee was of the view that the parties responsible for distribution or broadcasting or communication to the public through authorized licence from the author or rights holder and who did not remove any rights management information deliberately for making unauthorized copies need not worry about this provision as long as their act was as per the framework of this provision. General Observations Functioning of copyright societies:- 9.287 The Committee observed that inspite of there being provisions in the Act and rules framed thereunder regulating the copyright societies, over the years a disturbing trend in their functioning had been developing which has led to disputes between the major stakeholders and resultant court cases. The Department had also admitted that the administration of copyright societies had been taken over by the owners whose interest was different from that of the authors and in many cases authors were being deprived of their benefits. Another area of concern noticed by the Committee was the Tariff Scheme for the Copyright Societies. Although as per Rule 14J of the Copyright Rules, 1958, a Copyright Society had to frame a Tariff Scheme setting out the nature and quantum of fees or royalties, no provision was there for governing or regulating the system of fixation, collection and distribution of royalty under section 33 of the Act. A system of formulation of a Tariff Scheme by the Collective Administrative Societies had accordingly been brought as section 33A under the proposed legislation. The Committee felt that this was a step taken in the right direction and wouldl put on end to the arms-twisting negotiations of Copyright Societies.

9.288 The Committee would like to draw the attention of the Department to Section 33 of the Act which empowers the Central Government to regulate the functioning of Copyright Societies. As per this provision the registration of a Copyright Society could be suspended for not more than one year or cancelled by the Central Government after conducting an inquiry, in the event of it being managed in a manner detrimental to the interests of owners of rights. Not only this, Section 36 clearly provided that every Copyright Society had to submit to the Registrar of Copyright Society annual returns. Under this very section, any officer duly authorized by the Central Government could call for any report or records of any Copyright Society so as to injure that the fees collected by it in respect of rights administered by it were being utilized or distributed in accordance with the provisions the Act the purpose for highlighting all these provisions was that had the Central Government played a more pro-active role, perhaps things would not have reached such an alarming level. The Committee could only conclude that with the proposed provision relating to Tariff Scheme and use of powers already there in the Act/rules by the Central Government through its authorized officers, copyright societies would be functioning as envisaged under the Copyright Law. Copyright Board 9.289 The Committee observed that the responsibilities of the Copyright Board, a very important statutory body assigned very crucial powers and functions, had increased manifold over the years. Not only this, in the light of changing global scenario with emerging areas coming under the Copyright Law, the need for strengthening the Copyright Board was being increasingly felt. It had to be a full time Board with inclusion of experts in specified areas related to Copyright law. The Committee was happy to note that exercise in this direction had already been initiated by the Department. The Committee would appreciate if all the corrective measures were taken at the earliest by the Department. Besides that, the Committee was also of the firm view that all the provisions in the Act as well as in the rules relating to the Copyright Board might be reviewed and amendments carried out in the light of suggestions put forth before it. 9.290 The heart and soul of copyrights depended on three mechanisms such as (i) Copyright Societies (ii) Registrar of Copyright and (iii) Copyright Board. If all the three were independent and dynamic then only the copyright justice would be perfect and reliable. The Committee, therefore, recommended that the Government should act emergently to revitalize these three institutions by formulating clear rules and appointing fulltime experts and professional with accountability clubbed with sufficient powers. More so all the three organizations were to be fully modernized with all e-management system and manned by professionals and technical experts. Internet Piracy 9.291 A number of stakeholders who appeared before the Committee were of the opinion that the amendment Bill hardly addresses the issue of internet piracy. It was pointed out that the spread of internet in India was of utmost importance and effective protection to copyright works in digital form needed to be given. Music Industry was particularly plagued by large scale piracy as several websites host pirate music. The law enforcement on this particular issue had been quite lax. It was pointed out that the existing and proposed amendments would not be able to curb piracy unless the copyright legislation was brought in tune with the Information Technology Act, 2000 which provided for power to intercept, monitor or decrypt information through any computer source on certain grounds mentioned therein. The Committee therefore urged the Department

to bring the copyright law in tune with the Information Technology Act, 2000 so far as internet piracy was concerned. A designated authority for managing copyrights issues and piracy is to be created with sufficient policing powers. (j) 228th Report Consultation Process 9.292 The Committee observed that the Institutes of Technology Act had been in force for more than fifty years. During such a long period of its implementation, both the Department and different IITs would have received valuable suggestions for bringing in amendments in the Act. Not only this, with phenomenal advancement in technical education across the globe, our premier technical institutions like IITs needed to function, keeping pace with the fast changing scenario. The Committee would, accordingly, like to emphasize that the institutes of technology were required to function on a larger scale by adopting inter-disciplinary approach, collaborating with other institutions and were supposed to be the institutes of national importance. It would be, therefore, advisable to undertake a comprehensive review of the Act to include all such features that might bring these IITs at par with global practices, norms and standards of governance, finance, teaching, research and collaboration. 9.293 The Committee was happy to note that the Department had already constituted a Committee under the Chairmanship of Prof. Anil Kakodkar in February, 2010 to suggest a roadmap for the autonomy and future of the IITs which inter-alia would also review the Institutes of Technology Act, 1961. It was further informed that Kakodkar Committee was likely to submit its Report by the end of November, 2010 after which a comprehensive amendment of the Institutes of Technology Act might be undertaken. Committee's observations/recommendations on various clauses of the Bill are given in the succeeding paragraphs:- Clause 2 : Amendment of Section 2 9.294 Committee in principle welcomes the inclusion of eight newly established IITs and conversion of IT, BHU into the system of IITs. The Committee hoped that concerted efforts would be made by all concerned to make these institutions ‘institutions of national importance’ in the real sense. Clause 3: Section 3: Definitions 9.295 The Committee observed that earlier the seven IITs at Delhi, Kanpur, Kharagpur, Roorkee, Bombay, Madras and Guwahati were covering the entire country. Now with eight more IITs at various places, distribution of States and Union territories would be more balanced. While making a comparative analysis of the existing zones and reconstituted zones, the Committee found that with the exception of IIT, Guwahati, number of States/UTs falling under the jurisdiction of other existing IITs has been reduced. The Committee would, however, like to point out that while IIT, Roorkee (earlier University of Roorkee) which was earlier having Himachal Pradesh, Haryana and Uttaranchal states had been assigned now Haryana and Uttarakhand, there was no mention of any zone with respect to IIT (Banaras Hindu University) Varansi. Reasons for this exception are not known to the Committee. The Committee would like to point out that the immediate impact of this omission would be that the Board of Governors of IIT (Banaras Hindu University) Varanasi would not be having a State nominee. Secondly, the proposed amendments in section 6 relating to ‘Powers’ of Institute’ whereunder every IIT is envisaged to support and collaborate with technical institutions located in the zone and advise the State Government/UT in its zone in the matter of technical education would not be applicable on IIT (Banaras Hindu University) Varansi. The Committee, accordingly, recommended that corrective steps in this direction need to be taken by bringing in required modification in the proposed amendments. Clause 7: Section 6: Powers of Institute 9.296 The Committee took note of the reservations of the Ministry of Finance which had pointed out that by virtue of these new clauses, an obligation had been cast upon the IITs to strive to meet the technological needs of the States in their zone as they would be required to provide training, facilitate study visits, share laboratory and other resources with technical education institutions located in their zones. Not only this, the new clauses would considerably constrain the autonomy of these Institutes by making the duty mandatory and forcing the Institutes to undertake activities for which they might not be having the capacity. It was also pointed out by the Ministry of Finance that undertaking activities as envisaged in proposed sub-clauses (ma) and (mb) might further constrain the resources of the Institutes in performing their primary duties of imparting technical education and carrying out research. The Ministry had, accordingly, recommended the deletion of these new clauses. Alternatively, the Ministry had suggested to have a separate sub-section (2) of section 6 and the use of the word 'may' in place of the word 'shall', thereby removing the mandatory element from the responsibilities proposed to be assigned to the IITs. 9.297 The Committee also took note of the views of the Ministry of Science and Technology which had observed that the proposed duty of meeting the technological needs of the States/UTs appeared good in principle. However, a larger support

system would be required for IITs in terms of increased number of faculty members, well-equipped labs with larger space capacity etc. 9.298 The Committee observed that the written feedback furnished to it by the Department clearly indicates that it had found merit in the alternate provision in respect of clause 6(1) (ma) and (mb) as suggested by the Ministry of Finance. The Committee also took note of the alternate provision section 6(1A) formulated by the Department in response to reservation expressed by the Ministries of Finance and Science and Technology. The Committee was, however, somewhat surprised by the entirely different stand subsequently taken by the Department in response to a specific query raised by it in this regard. 9.299 The Committee was not against the idea of IITs supporting and collaborating with technical education institutions located in their zones(s) or attending to the technological problems of the States, provided the issues of resources, capacity and faculties were addressed beforehand appropriately. Further, the technical education institutions themselves should also have the vision to deal with the new demands of the society and the industry. The Committee was, however, not inclined to agree with the Department's view on the usage of the word 'shall' in both the clauses (ma) and (mb) that the intention of the drafting was that the State Governments and Union Territory Administrations could seek the advice of the IITs on technological matters. While 'shall' pertained to the rest of the section so far as clauses (ma) and (mb) were concerned they were both advisory in nature. The Committee would like to point out that section 6(1) where the proposed clauses (ma) and (mb) were to be added enlisted the powers and duties of the IITs which were mandatory in nature due to the use of the word 'shall'. Therefore, it could not be concluded that the clauses are advisory in nature. In view of the above, the Committee recommended that after section 6(1), section 6(1A) as indicated below might be added:

“(1A) subject to the provisions of this Act, every Institute may also perform the following duties namely:- To strive to meet the technological needs of the States and Union territories included in its zone by, inter alia:

(i) Supporting and collaborating with technical education institutions located in the zone with a view to enhance their quality and capability,

(ii) Advising Governments of States and Union territories included in the zone in the matter of technical

education and regarding any technological problems referred by them to the Institute for advice. Clause 8: Section 11: Board of Governors 9.300 The Committee was of the view that composition of the Board of Governors should be uniform for all the IITs. The Committee, however, observed that with the proposed amendments the Board of Governors of IT(BHU) would be having, besides the Chairman and Vice-Chairman, nine members, with Vice-Chairman and two persons to be nominated by the Executive Council of BHU from amongst its members. Secondly, applicability of any zone in respect of IT(BHU) being not clear, there would be no nomination from any State. In contrast, all the other IITs would be having besides a Chairman, seven members and State nominees, slightly varying in accordance with the zone assigned to them. The Committee was of the view that compostion of the Board of Governors IT(BHU) vis-à-vis other IITs needed to be reviewed. If the post of Vice-Chairman holds good for IT(BHU) it should prove viable for other IITs also. Secondly, linkage with BHU could be easily maintained by having one member to be nominated by the Executive Council of BHU. Miscellaneous 9.301 Out of the eight new IITs, six IITs at Bhubaneshwar, Gandhinagar, Hyderabad, Patna, Jodhpur and Ropar commenced their academic session in 2008-09 and the remaining two IITs at Indore and Mandi have started their academic session in 2009-10. The Committee observed that doubling the number of IITs from existing seven IITs to fifteen IITs will go a long way in enhancing the outreach of technical education for our young students. However, this initiative needed to be supplemented by making the new IITs fully functional in the real sense. Mere declaration of these Institutes as Institutions of national importance indicated only a quantitative achievement. Fulfillment of qualitative parameters of these new IITs did not seem to be feasible in the near future. The Committee was constrained to make such an observation in the light of their present status as intimated by the Department. Although site for the permanent campus for all the eight new IITs had been finalized, land had been handed over in respect of IIT, Hyderabad only. While the process of handing over of land for IITs at Patna, Bhubaneshwar, Mandi and Indore was going on, the same was yet to start in respect of IITs at Jodhpur and Gandhinagar. No significant progress seemed to have been made so far with the Master Plan being ready only in the case of IIT, Hyderabad. Against such a backdrop, the tentative dates of shifting of IITs to permanent campus ranging from December, 2011 to 2013 clearly indicated that the first batch of Engineering Graduates passing out from these IITs would not have the opportunity to avail the benefits of a well-equipped, premier Institute. Present temporary campuses located at sites like Ordnance Factory or Polytechnics could not be considered an ideal setting for institutions of national importance. The Committee, accordingly, recommended that time-bound action plan for getting ready the permanent campuses for the new IITs needs to be chalked out immediately, if not already done and constantly monitored by the Department in co-ordination with all the implementing agencies. 9.302 On a specific query in this regard, the Committee was informed that the Department had been making concerted efforts in this regard. Some of the steps taken by the Department included increasing the retirement age for teachers; making the

teaching career more attractive by offering better pay scales and service conditions, hiring teachers on contract basis and making the contract terms more flexible and simpler. In addition, the concept of ‘mentor institutions’ had been evolved which would make available teachers to the new IITs in the interregnum till the new Institutions were able to come up on their own and get all infrastructure and faculty as per their requirements. The Committee also took note of the following initiatives taken by the Department for attracting qualified teachers for new IITs: - Faculty from abroad especially NRI and Overseas Indians are being brought in through a vigorous campaign through

the alumni network - Provision for re-employment of superannuated teachers has already been implemented. - Enhanced scholarships for PhD students to attract students to the teaching profession. - Salary of faculty has been revised considerably after the 6th Pay Commission. 9.303 The Committee observed that all the IITs, with the exception of IITs at Mandi (2009-10) and Indore (2009-10) had started their session from 2008-09. While the student intake had been showing an increasing trend in all the new IITs, the same cannot be said about the teachers. 30 teachers per year per IIT were required to be in place during the first three years. However, following details made available to the Committee depict a very discouraging scenario so far.

(As on 17/8/2010) Name Sanctioned

Faculty Strength

In Position

Vacancy

1 2 3 4

IIT Gandhinagar 90 44 46

IIT Ropar 90 33 57

IIT Jodhpur 90 20 70

IIT Bhubaneshwar 90 42 48

IIT Hyderabad

90 46 44

IIT Patna 90 44 46

IIT Mandi 60 16 44

IIT Indore 60 30 30

9.304 The Committee could well imagine the plight of students in these new IITs with quite a few of them being M-Tech or PhD students being made to pursue professional education in the absence of qualified and experienced faculty.

9.305 Not only this, the Committee viewed with serious concern status of Faculty in the well-established IITs. Following details furnished by the Department are self-revealing:

(As on 17/8/2010) Name Sanctioned

Faculty Strength

In Position Vacancy

1 2 3 4

IIT Bombay 637 491 146

IIT Delhi 578 416 162

1 2 3 4

IIT Kanpur 484 349 135

IIT Kharagpur 870 530 340

IIT Madras 566 449 117

IIT Guwahwati 340 260 80

IIT Roorkee 577 378 199

9.306 The Committee observed that a number of initiatives for attracting teachers had been taken/proposed to be taken by the Department. However, their impact did not seem to be reflected at the ground level as borne out by the details of faculty in place both at the existing and new IITs. 9.307 Nobody could deny the fact that an Institute of Technology could not become an Institute of National Importance unless it had the required number of qualified and experienced teachers. With further expansion in terms of number of higher education institutions, this problem would acquire a gigantic proportion. The Committee was of the firm opinion that this persistent problem area needed to be addressed on an urgent basis. The Committee was of the view that an effective monitoring mechanism might be evolved so as to ensure that all the initiatives taken/proposed to be taken for attracting teachers are implemented by all the IITs. Such initiatives also needed to be given adequate publicity. The Committee would also like the Department to initiate a Faculty Recruitment Mission on a permanent basis to attract young people having potential to teach. Besides that, a well built system of in-house training facilities for faculty of IITs at regular interval also needed to be evolved.

9.308 The Committee further noted that as the order of the day is advancement of knowledge through inter-disciplinary interaction, it would make more sense if these institutes were made autonomous in the real sense of the term. The Committee while taking note of the Department's reply that IITs were guaranteed a complete autonomy and that they were free to frame their own curriculum,, standards and conduct their learning-teaching exercise, would like to emphasize that if IITs were to be exceptional institutions, they should be allowed to grow as advanced education institutions keeping pace with the global levels.

9.309 The Committee would further like to place on record its concern about the objective of conversion of an Institute into an IIT. According to the Committee, this transformation could help an Institute/University in converting into an Institution of advanced study and research only if it was accompanied by an inter-disciplinary approach and collaboration in higher education other wise the Institute and its inner content remains the same with only the nomenclature getting changed. The Committee, therefore, would like the Department to take note of its concern and ensure that these institutes are made to evolve as advanced institutions of teaching and research.

ANNEXURE-X (See Para 9.6)

Details of the sittings of the main Committee on Human Resource Development during the year 2010

Sl. No. Date Duration

Hrs.-Mts.

Subject

1 2 3 4

1. 07.01.2010 2.15 To hear the Secretary, Department of Higher Education and Officials of AICTE on ATN on 211th Report of the Committee on Functioning of AICTE

2. 27.01.2010 3.00 To hear the Secretary, Department of Higher Education and Officials of AICTE on ATN on 211th Report of the Committee on Functioning of AICTE

3. 05.02.2010 0.40 To decide the future course of action

4. 25.03.2010 5.29 To discuss the DFG 2010-11 and hear the Secretaries of the Departments of School Education & Literacy & Higher Education

5. 26.03.2010 4.35 To discuss the DFG 2010-11 & hear the Secretaries of the M/o WCD and M/o Youth Affairs & Sports

6. 19.04.2010 0.55 To consider & adopt the Draft 219th and 220th Reports on M/o WCD & M/o Youth Affairs & Sports

7. 22.04.2010 0.15 To consider & Adopt the draft 221st Report on Department of School Education & Literacy

8. 28.04.2010 0.30 To consider & Adopt the draft 222nd Report on Department of Higher Education

9. 05.05.2010 1.40 To hear the Secretary, Department of School Education & Literacy on the National Council of Teacher Education (Amendment) Bill, 2010 and The Right of Children to Free and Compulsory Education (Amendment) Bill, 2010

10. 18.05.2010 2.10 To hear the views of the experts on the Right of Children to Free and Compulsory Education (Amendment) Bill, 2010 & on the National Council of Teacher Education (Amendment) Bill, 2010

1 2 3 4

11. 26.05.2010 2.10 To hear the Secretary, Department of Higher Education on the Copyright (Amendment) Bill, 2010 & Clause by Clause discussion on the Right of Children to Free and Compulsory Education (Amendment) Bill, 2010

12.

04.06.2010 2.20 To hear the experts on the Copyright (Amendment) Bill, 2010, Clause by Clause discussion on the National Council of Teacher Education (Amendment) Bill, 2010 & consideration adopt of draft 223rd Report on the Right of Children to Free and Compulsory Education (Amendment) Bill, 2010

13. 22.06.2010 2.00 To hear the representatives of various organizations on the Copyright (Amendment) Bill, 2010




17. 16.07.2010 2.10 To hear the representatives of various organizations on the Copyright (Amendment) Bill, 2010 & to hear the experts on The National Institutes of Technology (Amendment) Bill, 2010


19. 29.07.2010 1.40 To hear the Secretary, Department of Higher Education on the Educational Tribunals Bill, 2010

20. 11.08.2010 1.30 To discuss various issues on the Educational Tribunals Bill, 2010

18.08.2010 2.30 To consider & adopt the draft 225th Report on the Educational Tribunals Bill, 2010 & hold Clause by Clause discussion on the Copyright

( Amendment) Bill, 2010

1 2 3 4

21. 26.08.2010 1.30 To hold Clause by Clause discussion on the Copyright (Amendment) Bill, 2010

22. 16.09.2010 1.00 To chalk out the future programme of business

23. 23.09.2010 1.15 To consider & adopt report on the National Institutes of Technology (Amendment) Bill, 2010 & to hear the Secretary, Department of Higher Education on Prohibition of Unfair Practices in Technical Educational Institutions, Medical Educational Institutions and Universities Bill, 2010

24. 01.10.2010 3.15 To hear the Secretary, Department of Higher Education on the National Institutes of Technology (Amendment) Bill, 2010

25. 13.10.2010 0.45 To consider & adopt draft report on the Copyright (Amendment) Bill, 2010

26. 19.10.2010 1.15 To hear the Secretary, Department of Higher Education on the Prohibition of Unfair Practices in Technical Educational Institutions, Medical Educational Institutions and Universities Bill, 2010

27.

28.10.2010

1.50 (i) Oral evidence of the Chairman, UGC on Prohibition of Unfair Practices in Technical Educational Institutions, Medical Educational Institutions and Universities Bill, 2010

28.

28.10.2010

(ii) Oral evidence of the Secretary M/o Health & Family Welfare along with Chairman, Board of Governors, Medical Council of India on the Prohibition of Unfair Practices in Technical Educational Institutions, Medical Educational Institutions and Universities Bill, 2010

(i) Oral evidence of the Chairman, UGC on Prohibition of Unfair Practices in Technical Educational Institutions, Medical Educational Institutions and Universities Bill, 2010

(ii) Oral evidence of the Secretary M/o Health & Family Welfare along with Chairman, Board of Governors, Medical Council of India on the Prohibition of Unfair Practices in Technical Educational Institutions, Medical Educational Institutions and Universities Bill, 2010

1 2 3 4

29. 09.11.2010 2.15 To hear the Secretary, Department of Higher Education on the Architects (Amendment) Bill, 2010 and discussion on Section 18 & 19 of the Copyright (Amendment) Bill, 2010

30. 18.11.2010 1.15 To hear the representatives of Council of Architecture on the Architects (Amendment) Bill, 2010

31. 25.11.2010 0.45 To consider & adopt draft report on the Institutes of Technology (Amendment) Bill, 2010

32. 10.12.2010 1.05 To hear the Department of Higher Education on :-

(i) Vision of the Department of Higher Education in the country &

(ii) The Central Educational Institutions (Reservation in Admission) Amendment Bill, 2010

33. 21.10.2010 2.05 To hear the views of the representatives of the AICTE on the Architects (Amendment) Bill,

2010 & to hear the views of the representatives of the Indian Council of Universities Dehradun & representatives of the Education Promotion Society for India (EPSI) New Delhi on the Prohibition of Unfair Practices in Technical Educational Institutions, Medical Educational Institutions and Universities Bill, 2010

CHAPTER-X COMMITTEE ON INDUSTRY

Composition of the Committee


COMMITTEE ON INDUSTRY (Constituted on the 31st August, 2009)

1. Dr.Akhilesh Das Gupta — Chairman

RAJYA SABHA 2. Shri G. Sanjeeva Reddy 3. Shri Gireesh Kumar Sanghi 4. Shri Bhubaneswar Kalita 5. Shri Natuji Halaji Thakor 6. Smt. Kusum Rai 7. Dr. K. Malaisamy 8. Shri Pyarimohan Mohapatra 9. Shri O.T. Lepcha 10. Shri Nandamuri Harikrishna

LOK SABHA

11. Shri Suvendu Adhikari 12. Shri Badruddin Ajmal 13. Shri Bansagopal Chowdhury 14. Shri Sabbam Hari 15. Smt. Poonam Veljibhai Jat 16. Shri Ram Singh Kaswan 17. Shri M. Krishnaswamy 18. Shri Pakauri Lal 19. Shri Bharat Ram Meghwal 20. Shri Devendra Nagpal 21. Shri Gorakhnath Pandey 22. Shri Krishnabhai V. Patel 23. Shri B.Y. Raghavendra 24. Shri Ramsinh Rathwa 25. Shri Arjun Charan Sethi 26. Shri Raju Shetti 27. Shri Shri Suresh Kashinath Taware 28. Smt. Ingrid Mcleod 29. Shri N.S.V. Chitthan 30. Vacant 31. Vacant


COMMITTEE ON INDUSTRY

(Re-constituted on the 31st August, 2010)

1. Shri Tiruchi Siva - Chairman

RAJYA SABHA

2. Shri G. Sanjeeva Reddy 3. Shri Bhubaneswar Kalita 4. Shri Ashk Ali Tak 5. Shri K.B. Shanappa 6. Shri Natuji Halaji Thakor 7. Prof. S.P. Singh Baghel 8. Shri K.V. Ramalingam 9. Shri Nandamuri Harikrishna 10. Dr. Vijay Mallya LOK SABHA

11. Shri Suvendu Adhikari 12. Shri Badruddin Ajmal 13. Shri N.S.V. Chitthan 14. Shri Bansagopal Chowdhury 15. Shri Sabbam Hari 16. Smt. Poonam Veljibhai Jat 17. Shri Ram Singh Kaswan 18. Shri M. Krishnaswamy 19. Shri Pakauri Lal 20. Smt. Ingrid Mcleod 21. Shri Bharat Ram Meghwal 22. Shri Devendra Nagpal 23. Shri Gorakhnath Pandey 24. Shri Krishnabhai V. Patel 25. Shri B.Y. Raghavendra 26. Shri Ramsinh Rathwa 27. Shri Arjun Charan Sethi 28. Shri Raju Shetti 29. Shri Shri Suresh Kashinath Taware 30 Shri Ijyaraj Singh 31. Smt. Putul Kumari II. Constitution of Sub-committee of the Committee on Industry 10.2 No Sub-committee was constituted during the years 2009 and 2010. III. Subjects selected for examination 10.3 The Department-related Parliamentary Standing Committee on Industry selected the following subjects for examination: —

Sl. No. Ministry/Departments Subject

1 Ministry of Micro, Small and Medium Enterprises

(i) Role of Micro, Small and Medium Enterprises and Electronic waste

(ii) Working and major schemes of Ministry of Micro, Small and Medium Enterprises.

2 Ministry of Heavy Industries and Public Enterprises

(i) Revival and restructuring of Central Public Sector Enterprises

(ii) Corporate Social Responsibility (CSR) in Central

Public Sector Enterprises; and (iii) Working and performance of Navratana and

Miniratana Central Public Sector Enterprises under the Department of Heavy Industries.

IV. (a) Sittings of the Committee: 10.4 Till December 2010 the Committee held 10 sittings lasting for about 18 hours. The details of the meeting are given in Annexure XI.

(b) Sittings of the Sub-Committees:

10.5 No Sub-Committee was constituted during the period under review. V. Study Visits: 10.6 The Committee undertook study visits of various parts of the Country to have an in depth and on the spot study of their respective subjects during the year 2010 which are as under:

Sl. Committee Dates Place of Visits Agenda No.

1 2 3 4 5 1.

Main Committee

30th May to 10th June 2010

25th to 31st October 2010

Chennai-Mumbai-Bangalore

Guwahati-Shillong- Kolkata-Chennai Tiruchirapalli- Chennai

(i) Meeting with the Chief Secretary, Govt. of Tamilnadu and Chief Secretary, Govt. of Karnataka on the issue of problem being faced by SME entrepreneurs and remedial measures taken by the State Government. (ii) Meeting with representatives of Indian Bank, Indian Overseas Banks, Bank of Baroda, Dena Bank, Bank of Maharashtra, State Bank of India, Central Bank of India, Union Bank of India, Financial Institutions, Corporation Bank, Syndicate Bank, Vijaya Bank, State Bank of Mysore and Canara Bank on the present status on impact of global economic meltdown on MSME sector-remedial measures taken and role played by Banks and Financial Institutions to sustain and revive the sector. (iii) Meeting with the representatives of Neyveli Lignite Corporation, Chennai Petroleum Corporation Ltd. (CPCL), Hindustan Petroleum Corporation Ltd., Bharat Peteroleum Corporation Ltd. Oil and Natural Gas Corporation, Bharat Electronics Ltd., Bharat Earth Movers Ltd., Kudremukh Iron Ore Company Ltd. and Indian Telephone Industries Ltd. on the present status of professionalization of Boards of Directors. (iv) Meeting with representatives of Hindustan Photo Films Ltd. and HMT Ltd. and its holding companies on revival and diversification plans. Meeting with the representative of Oil Natural Gas Commission (ONGC) and Oil India Ltd. (OIL) and Numaligarh Refinery Ltd. Indian Oil Corporation Ltd. (IOCL) and Gas Authority of India Ltd. to assess their functioning and performance as Maharatna and Navratna and scheduled

PSES and CPSEs. (ii) Meeting with the representatives of the Cement Corporation of India Ltd. (CCI) and Hindustan Paper Corporation Ltd. (HPCL on the general working and performance of these PSEs (iii) Meeting with the representatives of the North Eastern Handicraft & Handlooms Development Corporation Ltd, KVIC and Coil Board to assess their functioning and scheme of fund for regeneration of traditional Industries in NER and meeting with representatives of the Bharat Sanchar Nigam Ltd. to assess the functioning and performance as miniratna CPSE. (iv) Meeting with the representatives of the Steel Authority of India (SAIL) Coal India Ltd., and Bridge & Roof Company Ltd. to assess their functioning and performance as Maharatna/Navratna/ schedule-B CPSES and meeting with the representatives of Allahabad Bank, UCO Bank, United Bank of India, Indian Bank and Indian Overseas Bank on the issue of Interest subsidy Eligibility Certification Scheme for KVI sector and credit facilities to MSME & Coir Sector.

VI. Reports Presented: 10.7 During 2010, the Committee presented the following 6 (six) Reports to both the Houses:— Sl.No. Report Date of presentation/ laying in Subject No. Rajya Sabha/Lok Sabha

1 2 3 4 1.

212th

04.3.2010 Action Taken Report on the 208th Report of the

Committee on the Demands for Grants (2008-09) pertaining to the Department of Heavy Industry (Ministry of Heavy Industries & Public Enterprises)

2.

213th


Committee on the Demands for Grants (2008-09) pertaining to the Department of Public Enterprises (Ministry of Heavy Industries & Public Enterprises)

3.

214th


Committee on the Demands for Grants (2008-09) pertaining to the Ministry of Micro, Small & Medium Enterprises

4.

215th

19.4.2010 Demands for Grants (2010-11) pertaining to the

Ministry of Heavy Industries & Public Enterprises, (Department of Heavy Industry)

5.

216th

19.4.2010 Demands for Grants (2010-11) pertaining to the

Ministry of Heavy Industries & Public Enterprises, (Department of Public Enterprises)

6.

217th

19.4.2010

Demands for Grants (2010-11) pertaining to the Ministry of Micro, Small & Medium Enterprises

VII. Summary of the Recommendations a) 212th Report 10.8 The line of argument putforth in the action taken note did not take into account the logic given in the recommendation. The idea in the recommendation was to avoid delay in taking action on the recommendation of BRPSE which included Secretaries of Ministry of Finance and Department of Public Enterprises. The Committee would appreciate if same thinking was developed to evolve a suitable mechanism and strongly felt that the entire process of revival plan had to be made less bureaucratic and more sincere and brisk. 10.9 The Committee was not satisfied with the reply of the Ministry in its ATN, forwarding the views of Ministry of Finance/CGA and it appears that it had not sensed the real concern of the Committee. The committee, therefore, urged the Government to again view the recommendation and bring about a simplified classification, of Demands. 10.10 The Committee recommended that it may be appraised of the status of setting-up plants at Vijayada and also upgradation of plant at Trichy. b) 213th Report 10.11 The Committee was not happy with the reply given by the Ministry in its Action Taken Note. The way the reply was presented at point (iii) reflects the casual approach with which the issue had been taken. This was a technical issue of classification in order to understand and analyse the budgetary provisions in a meaningful manner and did not require to be debated further. The Committee reiterated that in view of the reply from the Ministry of Finance and the observations made in the Economic Survey, the Financial Advisor to the Department should peruse with the Ministry of Finance to stop an institutionalised practice in favour of constitutional requirement and see to it that the main concern of this Committee was addressed suitably. 10.12 The Committee did not find the reply of the Ministry convincing. A number of factors that necessitate revival were already known to BRPSE. Once the diagnosis was known the treatment had to start in a time bound manner and the cost of treatment had to be worked out well within the time. The Committee did not agree with the reply that it could not be feasible to prescribe any benchmark of cost of revival for the sick CPSEs. Rather it could not be called a decent trend on the face of the fact where Ministry reply negatively on such an important issues, therefore the Committee urged the government to workout on the benchmark of revival cost on the top priority basis. 10.13 The line of argument put forth in the action taken note did not take into account the required sensivity of the issue and the logic given in the recommendation. The idea in the recommendation was to avoid delay in taking action on the recommendations of BRPSE which included Secretaries of Ministry of Finance and Department of Public Enterprises. The Committee strongly felt that the entire process of revival plan had to be made less bureaucratic and more sincere and brisk. Hence, the Committee reiterated its earlier recommendation.

10.14 The Committee in the above recommendation had asked for the details of salary expenses as well as honoraria, whereas the reply contains only the categorisation of expenditure. It appeared that the Committee ‘s recommendations had not been given due cognizance. The Committee therefore, took a serious view of this kind of casual reply and would like the Department to provide complete details of salary paid during 2006-07 as well as the honoraria also explain how budget allocated under the head honoraria could booked under ‘professional charges’. 10.15 The Committee found it difficult to believe that a Department in the Government of India was not taking its recommendations seriously and even after a lapse of 3 years and with repeated recommendations no response was coming forward. The Committee viewed such a weak effort of the Department extremely seriously and if the response form the D/o Higher Education was not obtained within three months from the date of presentation of the Report to the Parliament, it would take up the matter at the appropriate level. 10.16 The Committee desired that it may be apprised of the guidelines formulated and further action taken of the DPE for its implementation. 10.17 The Committee was perplexed to note that the Action Taken Note had conveniently ignored this recommendation. The Committee was forced to take a serious view of this omission and recommended furnishing the action taken note on the issue immediately.

10.18 The Committee noted that number of VRS optees redeployed after training was less then 50 per cent and recommended that the Department should make concerted efforts so that more and more trainees were redeployed gainfully. 10.19 The date regarding VRS optees employed as casual/daily wage workers may be complied and furnished to the committee for its perusal. c) 214th Report 10.20 The Committee noted that though the target achieved under Credit Guarantee Trust for Micro and Small Enterprises was over and above the target fixed for 2007-08 but the Ministry had failed to mention about the related aspects like NPAs, recovery, etc. The committee recommended that the information containing the details of NPAs, recovery etc. should be supplied to it on priority basis so that a concrete view may be taken in that regard. 10.21 The Committee apprehended that perhaps the slackness on the part of NGOs/Institutes may be one of the reasons for low demand under the TREAD Scheme, the Ministry of MS & ME should ascertain the credentials of NGOs and training institutes which were nodal for providing training. The Committee would further like to know whether some target is allocated to them to release the grants and what were the criteria for each training programme. 10.21 The Committee may be apprised of the status of finalization of Schemes under National Manufacturing Competitiveness Programme (NMCP) and the steps taken for its implementation, if the schemes/have already finalized. The details of the Schemes may also be furnished. 10.22 The Committee while going through the reasons for shortfall or excess in expenditure against budget allocation for the year 2006-07 was of the holistic view that the Ministry should ensure that the unfinalized schemes and work should be given a momentum and taken up on priority basis. It would also like to know the outcome of the decision of the steering Committee on (TREAD). Moreover, the State Governments should be pursued for Cluster Development Programme. The Ministry was advised to desist from any envisaged expenditure to unfinished schemes rather such allocation should be used towards other running schemes and programmes. 10.23 The Committee would like to know the reasons and causes for shortfall for various schemes like Credit Linked Capital Subsidy Scheme, ISO-9001 certification etc. It was also of the view that despite the actual expenditure in 2006-07 no substantial progress had been made as far as NER was concerned. 10.24 The Committee would also like to know the status of fourth census of MS&ME as proposed in Promotional Package of MSE Scheme on Trade Related Entrepreneurship Assistance and Development.

10.25 The Committee would like to had a list of the associations in MSME sector which had been bench marked by the Government of India to represent the industrial sector at various fore and urged that a review of the association should be conducted quarterly or half yearly taking into consideration the role played by them in guiding and supporting the entrepreneurs for various schemes and programmes run by Ministry and its nodal organization.

10.26 The Committee recommended that further sincere efforts should be made to bring in more banks over and above 14 leading private sector banks and urged that advertising campaign should continue vigorously in all leading national/Regional Dailies which was still lacking. It also recommended that sensitization for programme for Public Sector Banks should be done in a time bound manner. They should be given at least a target of 5-10 accounts depending upon the potentiality of the Branch and they should be instructed to involve themselves in EDPs conducted by DICs. DICs in the States should be entrusted with the responsibility of identifying the prospective entrepreneurs and viable projects. The Committee also felt that lead bank of the concerned district should be asked to take initiative in covering CGTFS for which DIC should extend all necessary support. Moreover DICs should bring in NGOs and Stree Shakti Groups in the process of increasing the coverage under CGTFS. 10.27 The Committee recommended that the Ministry should conduct a survey for ISO 9000/14001 Certificate scheme wherein the number of SMEs availing the reimbursement should be listed since the inception of the Scheme. Moreover, it would like the Ministry to make use of the entire allocation for each year with the help of State Government and Financial Institution.

10.28 The Committee was constrained to note that despite assurances it seems that Ministry was lacking somewhere in its efforts. It should take up the matter constantly with the concerned State Governments/Stake holders. Moreover it would also like to know the number and names of the States where MSME Cluster Development Programme and MSME Credit Pale Scheme projects had been taken up and whether the implementing agency is facing any serious constraints in expediting it.

10.29 The Committee noted that even before the end of the financial year 2007-08 the KVIC had met the target fixed but at the same time it takes strong objection to the fact that out of the targeted projects under S&T less than half had been sanctioned. It recommended that KVIC should fix more target keeping in view its success and achievement. 10.30 The Committee strongly recommended that the rebate on sales of Khadi and Polyvastra should be extended and ensured to the grass root level. Moreover, it would like to know the progress made in “Mission Khadi” and MoU signed with Textile Committee for laboratory infrastructure. 10.31 The Committee expressed its dismay over the number of employees working with KVIC as the Committee in its deliberations with KVIC had keenly felt the lack of required manpower for proper implementation of schemes and programmes. It recommended that it was in the interest of the KVIC as well as Ministry to fill up the required posts lying vacant since long, in view of the new scheme which had been entrusted to the KVIC namely PMEGP as it felt that the scheme would not be implemented successfully in the absence of requirement of man power. 10.32 The Committee hoped that the report on traditional Industries be submitted to it for its perusal shortly.

d) 215th Report 10.33 The Committee was of the firm opinion that despite signs of a recovery of industrial growth during the period from October 2009 onwards, the performance of the industrial sector was cause of concern as the growth was directly proportional to stimulus packages announced by the Government. The Committee also expressed its concern on the sustainable growth of automobile sector in view of this years' budgetary proposals and hike in the excise duty of petroleum products. The Committee felt that the need of the hour was not merely in keeping on the stimulus packages but also to restructure the bases of taxes and import and export duties in such a manner that without affecting public expenditure, the industrial growth could sustain. The Committee desired that this issue may be taken up with the Ministry of Finance and pursued seriously.

10.34 The Committee appreciated that such an initiative of the Department of Heavy Industry with the Ministry of Urban Development would not only boost the demand in the Auto sector but would also develop the public transport in the remote areas of the country. The Committee, therefore, desired that the scheme of funding the purchase of buses for public transport by the States under JNNURM may continue for some more time in public interest. The Committee at the same time, stressesed upon the Department of Heavy Industry to monitor the progress of this scheme with the Ministry of Urban Development and concerned State Governments.

10.35 The Committee, therefore, recommended that the Department of Heavy Industry should take up the issue with the Ministry of Finance to ensure concessional excise duty structure for utility vehicles.

10.36 The Committee, therefore, recommended that in order to promote use of Hydrogen/Fuel cell/Hybrid vehicles, CNG vehicles and other alternative fuel vehicles, in the interest of protecting environment, such vehicles and its parts/components thereof may be exempted from excise duty at par with electric vehicles.

10.37 The Committee felt that this policy would boost the auto sector during the coming years. The Committee desired that Government should create a National Technology Development Fund for the development of auto and auto component industry. This fund would not only provide impetus for modernisation of auto sector but also create huge employment opportunities in the country. Further, this fund would provide financial support to companies by financing 50% of the project cost by way of a loan with minimum interest of 4 to 6%. The Committee felt that such a fund would truly support auto companies to modernise and upgrade their technology in the globally competitive environment.

10.38 The Committee, therefore, desired that Department of Heavy Industry should propose an amendment with Ministry of Finance (Department of Revenue) in Section 11 AB of the Central Excise Act, 1944 so that such anomalies may be sorted out. 10.39 The Committee, therefore, recommended that Department of Heavy Industry should create a separate fund for the upgradation of Auto Expo Centres like Pragati Maidan, Delhi etc. in consultation with ITPO and Ministry of Commerce & Industry. The Committee further suggested the Department of Heavy Industry to also arrange such Auto Expos in other suitable places in the country such as Greater Noida (U.P), Hyderabad (A.P.) and some other cities of the country where required infrastructure and facilities were available.

10.40 The Committee wondered how the DHI would be able to complete the project with a meager Budgetary Support of Rs. 232.10 crore under BE 2010-11. The Committee, therefore, recommended that the funds to the tune of Rs.654.90 crores should be allocated to NATRIP which would be required for timely completion of this important national project which may be asked for during supplementary Demands for the year 2010-2011 so that funds asked for NATRIP were made available to complete the projects which was in pipeline.

10.41 The Committee was surprised to know that despite of its serious concern for the revival of Scooters India Ltd., the Department had made the provision of Budgetary support to this company to the tune of only Rs.4 crore which Committee felt was very meagre amount for its revival. Committee, therefore, recommended that the Department of Heavy Industry should make adequate Budgetary support for this company at the time of RE stage and at the same time, should seriously pursue its 70 crore rupee project proposal for revival through joint venture. In fact, this important PSE had to diversify its activities because it was manufacturing three wheelers which were being phased out in various parts of the Country. Mini four wheelers for transporting goods had fairly good market and with the help of Government this PSE may examine the diversification issue in right earnest.

10.42 The Committee felt that such imported machines/plants although imported at the lower cost but importers had to pay high prices for their maintenance contracts and spares. The Committee noted that the DHI had raised such issue in the development council meeting. The Committee recommended that suitable remedial measures be taken by imposing high import duty and anti dumping duty on second hand machinery in consultation with Ministry of Commerce to grow our capital goods Industry. The Committee impressed upon the Government to allocate sufficient fund for the engineering industry and R & D activities to sustain the Industrial growth in coming years.

10.43 The Committee felt that the Department of Heavy Industry needs to provide a road map to establish these clusters and provide adequate funds to create facilities for these clusters. 10.44 The Committee felt that the DHI should facilitate such common facility centers in Public Private Participation (PPP) mode. Some of the Common facilities that could be provided are: -

Common Foundry (for Machine Tool Industry); Common Heat Treatment facility (for Machine Tool Industry); Accredited Testing Laboratories; Design Centre; and Centers of Excellence

10.45 The Committee suggested that PPP based approach could be adopted for this purpose, under which group of entrepreneurs or industry associations would be encouraged. 10.46 The Committee suggested that DHI should initiate action in this regard in coordination with Ministry of Railways, Road Transport & Highways and Ministry of Power etc.

10.47 The Committee was of the view that the issue regarding import duty should be discussed in details with the Ministry of Commerce and Industry, Ministry of Finance and Information and Broadcasting before a decision was taken. The Committee at the same time recommended that some measures need to be taken to protect the paper industry in the country. The Committee also recommended that the issue regarding supply of Railway rakes on the M.G. Section linking Cachar Paper Mills to B.G. Section may be taken up with the Ministry of Railways so that speedy completion of conversion of meter gauge could be made to help the paper industry in the North-Eastern region.

10.48 The Committee expressed its serious concern over the state of affairs of HMT Ltd. Despite Governments grant of two revival packages in the recent past and part of the revival package was still under implementation. Despite these revival packages there was no turn around of the units. Department of Heavy Industry was contemplating for a Joint Venture and the Committee was of the opinion that serious attempts should be made for the revival of HMT Ltd. through the Joint Venture route as a last resort otherwise how long the public money can be pumped and drained in keeping the PSE alive. In that eventuality some other options including closure have to be given a serious thought. The Committee, therefore, was of the view that necessary budgetary support should be given for the upgradation of technology to HMT Ltd. during supplementary demands 2010-2011. The Government should at the same time also impress upon bulk buyers in the Government Sector, such as Railways, Indian Airlines, Commonwealth Games Organization Committee etc. to opt, wherever feasible, for HMT products so that this once much achieved and prestigious unit would come out of the red.

10.49 The Committee made its serious concern on its long waiting list for establishment of power plants in the country. Committee found that it had a pending list for customers who were waiting for 2-3 years.

10.50 The Committee was of the view that fierce competition to BHEL from these companies was healthy kind of thing which improves the performance of BHEL day by day. The Committee at the same time felt that Capital Goods Industry faces dearth of skilled and trained manpower both at shop floor level, as well as managerial level. With growing demand and growth of Capital Goods Industry it needed to be provided with adequate skilled manpower. The Committee, therefore, recommended that DHI should consider providing the Industry with assistance for development of skills to employees of PSUs through approved training institutes. For this purpose exclusive Industrial Training Institutes may be established for BHEL or arrangements may be made with various ITIs to train batches of students in these vocations for BHEL. The Committee found that no budgetary support had been provided to engineering sector and there was huge demand of secondary level engineers in the Capital Goods

Sector. The Committee therefore recommended that BHEL themselves, meet various engineering clusters and support it through various up gradation schemes. The Committee at the same time also recommended to Government of India that a separate fund may be earmarked for Ministry of HRD for opening of more ITIs throughout the country for producing secondary level engineers which were in great demand in the Capital Goods Industry. 10.51 The Committee was of the view that there must be some practical difficulties in the revival packages of loss making PSUs, Committee found that DHI proposes the revival plan, starts preparing project reports, finalize these reports which consume lot of time and therefore before its execution, due to fast changing latest technology and global modernization, the whole revival package suggested by the DHI becomes outdated. Hence, the revival packages have to be prepared and implemented in a time bound manner by removing the red tape and other bottlenecks. The Committee felt that there is a great deal of uncertainty in regard to the public sector enterprises such as Scooters India Ltd., HMT etc. The Committee impressed upon the Government that where budgetary support becomes too difficult, the Ministry of Finance should be approached to arrange for adequate funds from banks and other financial institution under stipulated conditions.

10.52 The Committee desired that apart from the sickness of the PSUs under the Department of Heavy Industry, DHI should focus its concern on the modernization of all the PSUs so that they may face the competition in the market. The Committee, recommended, that the revival of PSUs too should be in real terms and simply writing off the interest and part of Government loan would not serve the purpose. The obsolete machines and technology needs to be replaced, work culture had to be enforced. The Committee hope that DHI would do its best in this regard. 10.53 The Committee noted with concern that major part of the financial packages were in the form of writing off the interest and loans and funds were not provided for modernisation, technology upgradation etc. The Committee hoped that the Department would focus on the modernisation of the PSUs instead of simply waiving off the loans, interests etc. 10.54 Since this very important project had got lot of potentiality in future in terms of generating power at lesser cost with more eco-friendly power generation using less fuel with latest technology, the Committee recommended that in the national interest, protecting the ecology and generation cheaper power, the Government should provide the budgetary support of Rs. 350 crores for this all important project of BHEL at the RE stage so that the project was not got stalled for want of funds because Government of India on the one hand was promoting/developing environment friendly projects and discouraging/shutting down polluting industries but on the other hand does not take serious interest on environment friendly power projects. The country faced acute power shortage and the capacity of this project was 182 MW.

10.55 The Committee found that the progress made by various CPSE in respect of recruitment of SCs/STs/OBCs/Minorities was not very encouraging. The Committee felt that HR Department of these PSUs should be very particular at the time of recruitment of manpower in their PSUs in respect of SCs/STs/OBCs/Miniority etc candidates. The Committee, therefore, recommended that particular care be taken so that the reserved quotas were filled and a periodical assessment on a continuous basis was undertaken for this purpose. 10.56 The Committee hoped that its recommendations would be taken in the right earnest to promote the heavy industrial sector and more so the auto sector, capital goods sector etc. and the revival of ailing PSUs in real terms.

e) 216th Report 10.57 The Committee desired that in order to play a meaningful and effective role in getting the policies and guidelines implemented by the PSEs the Department of Public Enterprises should ask for the compliance report from the PSEs about the implementation of the policies and guidelines formulated by it from time to time and separate paragraph thereon may be incorporated in the Annual Report of the Ministry.

10.58 The Committee observed that the actual expenditure for both Planned and Non-Planned, had been less than the RE for the year 2008-09 in various heads. The Committee desired to know from the Department of Public Enterprises regarding expenditure indicated by the DPE for the year 2009-10 upto 31.03.2010 for both Planned and Non-Planned expenditure. The Committee was of the considered view that Department can do much better if it can anticipate the needs and requirements of future and had an eye on past development while making budgetary allocation for various schemes and programmes being run by it .

10.59 The Committee, therefore, recommended that Department should ensure full utilisation of funds allocated and efforts should also be made that it was evenly distributed in different quarters. This would result in effective implementation of the various schemes.

10.60 The Committee observed that most of the PSEs for which revival had been recommended by the BRPSE and assistance recommended from GOI belong to the capital goods sector under Department of Heavy Industry. The Committee expressed its serious concern over the costly revivals that largely entail waivers and conversions of the secured loans and interest dues towards

Government of India. The Committee desired to know from the DPE about fresh cash infusions for modernisation and technology upgradation of the sick PSEs and how much would be in the form of secured loans, unsecured equity and grants respectively, PSE-wise. The Committee also sought information regarding the steps taken to secure the Government loans and interest thereon. 10.61 The Committee recommended that once a revival package was approved by the competent authority, the responsibility of justifying the revival package should be on the administrative Ministries. The BRPSE should suggest measures to secure Government’s investments in the form of unsecured equity.

10.62 The Committee was of the view that BRPSE should explore the feasibility of entrusting the task of looking after sick organisation to a healthy organisation for its turnaround as had been done in the case of BHPV, Eastern Coalfields etc. 10.63 The Committee felt that there should be sense of urgency in dealing with revival cases and definite time frame should be fixed and adhered to. 10.64 The Committee once again recommended that BRPSE should try its best to give timely recommendations either for revival or closure but the issue should not linger on indefinitely. 10.65 The Committee noted that the performance of CPSEs was evaluated on the basis of achievement against the MoU targets. The Committee observed that there was a decreasing trend in the `Excellent’ rating in the year 2008-09 as compared to the year 2007-08. The Committee, therefore, recommended that this decreasing trend should be dispelled by creating suitable atmosphere for CPSEs by the concerned administrative Ministries.

10.66 The Committee observed that though numbers of PSEs signing the MoU was increasing and it was highest (197) in the year 2009-10 and evaluated rating ‘Excellent’ in 2007-08 was 55 only which decreased to 47 in 2008-010. The Committee would like to have the comments of DPE on this development of excellent rating going down. The Committee recommended that the Department may persuade remaining PSUs to sign MoU. 10.67 The Committee took note of the efforts made by the DPE and desired that it should be apprised of the responses of the performance of sick and loss making PSEs during 2004-05 to 2008-010. The Committee also desired that DPE should study the reasons of sickness of PSEs and find out their revival strategies, in right earnest. 10.68 The Committee observed the variations of VRS optees in each year, and noted that the Plan outlay had been curtailed due to lesser availability of VRS optees in CPSEs. However, the Committee felt that the details of number of the trainees covered under CRR Scheme and number of trainees redeployed was to be provided to the Committee for appraisal. The Committee hoped that the DPE would furnish the updated details to the Committee in this regard. 10.69 The Committee desired that DPE should ensure that funds earmarked under CRR Scheme and Research, Development and Consultancy on Generic issue related to CPSEs must be utilized equally in each quarter.

10.70. The Committee found that no information had been provided regarding the expenditure incurred for the training modules since last three years. The Committee desired that year-wise detail of expenditure incurred on each training modules should be provided to it at the earliest.

10.71 The Committee found that VRS was being implemented not only by the sick and loss making PSEs but also by the profit making PSEs in order to rationalise and reduce their manpower in the hope that it would turn around the PSE or further increase its profits substantially. But neither the concerned PSE nor the Government i.e. the Ministry of Labour and Employment, Department of Public Enterprises or the Ministry under whose jurisdiction the concerned PSE falls bother for the future of the employee opting for VRS or in many cases were forced to opt for VRS because after some time for various reasons the money received by optees was finished and no source for living is left with them. They were forced to live a pathetic life with all sorts of miseries. To avoid this Counselling, Retraining and Redeployment (CRR) Scheme assumes importance. The Committee desired that more and more employees of PSEs should be retained and their redeployment should be ensured in other PSEs as per their demand because skilled manpower was very much in demand. VRS should be the last option. The Committee also desired that a survey may be conducted to know the condition of VRS optees of various PSEs and welfare measures be extended to them.

10.72 The Committee recommended that DPE should issue guidelines to the SLPSEs asking them to furnish the information on their performance well in time for preparing the next Annual Survey of SLPSEs and also take up the matter with State Governments to nominate one Department as the Nodal Department for data compilation on SLPSEs. 10.73 The Committee found that the problems faced by SLPSEs such as absence of Board of Directors, short tenure of CMDs and lack of both operational and strategic autonomy (for making investment) were due to lack of coordination between the State

Government and SLPSEs and recommended that DPE should prepared a well articulated model MoU to be signed between State Government and SLPSEs for improving the performance of SLPSEs.

10.74 The Committee had noted and appreciated the views of the SCOPE.

10.75 The Committee noted the retention of Rs. 1.00 crore for North-Eastern Region. The Committee, recommended that the Department should make efforts to utilise the funds instead of simply let them transfer to non-lapsable pool.

10.76 The Committee had discussed the issue of professionalization of Boards of PSUs many times in the recent past and had also made recommendations with regard thereto but expressed its concern that its recommendations had not been implemented in letter and spirit. In the name of independent Directors only retired bureaucrats were being accommodated in the Board. There was no compulsory induction of Directors from the Scheduled Castes, Scheduled Tribes, OBC and women categories to take care of at least the employees of these categories of the PSUs. Even the former Members of Parliament were not appointed as Directors to have the benefit of their vast public life experience. So was the case of vast majority of shareholders of the CPSEs. The present norms of professionalization of Boards were certainly not satisfactory. The Committee desired that Department of Public Enterprises may come out with a proposal for amending the guidelines in this regard so that the Directors representing the SCs, STs, OBCs and ex-MPs and a public share holder can get the opportunity to become independent Directors. For this purpose educational qualification and experience should be prescribed.

10.77 At the same time the Committee recommended that in order to play a meaningful role in the affairs of CPSEs the Department of Public Enterprises should not remain a mere interface between the administrative Ministries and the CPSEs and therefore the Department should be entrusted with the power of nominating one non official and knowledgeable person as Director in the Board of every CPSE. 10.78 The Committee further recommended that selection of CMDs of various PSUs should be done quickly by Public Enterprises Selection Board without any delay and with transparency. It was quite surprising that the Department of Public Enterprises and Public Enterprises Selection Board did not play any role in selecting and appointing the CMDs and EDs and Directors in the Boards of Public Sector

10.79 The Committee also found that various posts of SCs/STs/OBC were lying vacant in PSUs since quite long and directs that DPE should take appropriate measures to fill them soon as per the guidelines of GoI in this regard.

10.80 The Committee hoped that its recommendations would be well taken up by the Department of Public Enterprises in view of the recent scenario of the industrial sector of the country. f) 217th Report

10.81 The Committee, therefore, recommended that the recommendations of the Task Force should be implemented in letter and spirit on priority basis.

10.82 The Committee was of the firm opinion that these stimulus packages of the Government had immensely helped the MSME sector to withstand the worst of the recession in the world economy and in the over all interest of this sector these packages needed to be continued for some more time at least till the recession was completely over. Even if the Government intended to withdraw them in future these should be gradually withdrawn and certainly not in one go. 10.83 The Committee desired that the members of this Committee from State may also be invited in the meetings of SLBC of that particular State because of their vast knowledge about MSME sector which would immensely help the SLBC in this regard. 10.84 The Committee, therefore, recommended that Ministry of MSME should take up the issues of credit problems and subsidized rates of interest at par with agriculture sector for MSME sector with the Ministry of Finance and Reserve Bank of India in right earnest so that the entrepreneurs of MSME sector got hassle free loans from the Banks and they too were given the benefit of subsidized rate of interest on their Bank loans. The Committee expected that it would be informed about the outcome in this regard.

10.85 The Committee desired that all the circulars, broachers, posters, etc., referred to should be printed in all the languages of Eighth Schedule to the Constitution and sent to Member Lending Institutions (MLIs) for compliance. 10.86 The Committee appreciated the measures of CGTMSE for creating awareness about Credit Guarantee Scheme (CGS) but the scheme had not percolated well at the grassroots level. Still a very large segment of the youth who wish to be self employed were not aware of this scheme. As such the scheme had to be given more publicity through the electronic and print

media of particularly in regional languages. Posters about the scheme were displayed at conspicuous place in the Banks and their branches throught the country. Help of the representatives of the people such as MPs, MLAs, MLCs, Corporators etc. may be sought for awareness campaigns in their respective areas. 10.87 There was another general complaint about Credit Guarantee Scheme (CGS) that the Banks particularly at the Branch level were still hesitant in extending loans under the scheme despite having the major guarantee component. There was also confusion on the limit of Credit as collateral free under the scheme. The Committee appreciated the efforts of Ministry of MSME and CGTMSE in this regard but the issues needed to be further discussed with the Ministry of Finance, Reserve Bank of India and Indian Banks Association so that the CGS was made a grand success for promoting MSME sector in a big way.

10.88 The Committee felt that this was a very good suggestion and therefore recommended that Government should give a serious thought and formulate a scheme for subsidy etc. for having appropriate technology for cluster formation in the country for MSME sector. 10.89 The Committee was informed that SSI Sector carpet weaving units of Bhadoi and adjoining areas in Uttar Pradesh were providing employment to a large number of people particularly women and youth from the weaker sections of Society and earning precious foreign exchange for the Country by exporting the carpets of the area but the carpet units were not being extended credit by the Banks and Financial Institutions and the large number of workers of these units had not been covered under various welfare measures as such the condition of carpet weaving units was precarious and their condition could be improved if these units were brought in the ambit of KVIC, this Committee therefore recommended that a feasibility study of bringing the Carpet units of Bhadoi area of UP under KVIC should be conducted and if found feasible should be brought under the purview of KVIC. The Committee expected that it would be informed of the outcome thereof. 10.90 The Committee recommended that role of all the agencies/organizations should be evaluated from time to time and clearly defined. There should be no encroachment and overlapping of their activities. All these agencies should provide effective service in a coordinated way to each entrepreneur of MSME be it Micro, Small or Medium. 10.91 To tackle the problems of revival of sick industries, the Committee recommended that rehabilitation package for potentially viable sick units should be considered favorably. A special corpus should be earmarked for the purpose and more so the commercial banks may be urged upon to earmark a portion to ailing units. Further a survey of sick units should be done annually so that the problem of sickness could be taken care at initial stage. 10.92 Role of the Ministry was very important as it had to evolve mechanism/directives/ guidelines which goes a long way in shaping the things in future in the industrial scenario of the country. The Committee therefore felt that Government should ensure level playing field for MSME sector to meet the challenges of stiff competition in global players. 10.93 The Committee did not approve the reduction in plan outlay at RE stage. This trend was against the growth of MSME sector. The Committee felt that this leads to dropping of schemes / programmes for want of fund. 10.94 The Committee recommended that the Ministry should foresee the pros and cons of the schemes before earmarking the funds. Funds should be allocated looking into the feasibility of the scheme. 10.95 The Committee therefore felt that the steps were required to be taken to get rid of the inspector raj. The Committee also recommended that the Rules, Regulations and Acts/labour laws should be simplified and a comprehensive law was required so that MSME was not subjected to unnecessary harassment. 10.96 The Committee felt that rationalization and simplification of tax structure to enhance the competitiveness of MSME sector was needed on priority. While the budget had made all out efforts to rationalize the tax structure some anomalies still remains. Problems with respect to tax structure should be sorted out as brought to the notice of the Committee. 10.97 The Committee recommended that the seminars/workshops and other awareness programmes should be intensified and started. Even universities and business schools were to be sensitized to create more awareness among the MSME entrepreneurs and persons affiliated with managerial field. 10.98 The Committee observed that the main problem in implementation of any scheme pertains to low level of awareness about the schemes and negative mind set of field officers dealing with the entrepreneurs. The Committee therefore recommended that these problems needed to be seriously addressed by the management be it Commercial Banks/Financial Institutions/Ministry . 10.99 The Committee recommended that banks and the Financial Institutions should meet the fund requirement of MSME sector by providing more lending facilities looking into the contribution of MSME sector in country’s economy. They should develop positive attitude so that new entrepreneurs and exporters may feel encouraged and welcomed to this sector.

10.100 The Committee observed that the limit of investments in small sector had been increased from Rs. 100 lakhs to Rs. 500 lakhs under MSMED Act whereas the limit of eligible loans for calculation of subsidy under the scheme was still Rs. 100 lakhs. The Committee therefore recommended that such facilities should be extended to proportionate enhancement so that maximum number of small units could avail the benefits of the scheme to the full extent.

10.101 In order to sustain the Khadi sector in the country the committee recommended that all the Ministries, Departments, PSEs and other organizations should opt for Khadi items for curtains of doors and windows, dusters, towels, dress material for the employees and give their annual requirements to KVIC. This would certainly boost the Khadi sector. 10.102 The Committee felt that this suggestion was worth consideration and recommended that a separate fund with substantial funds be created for replacing the traditional charkhas of the poor weavers throughout the country within a time frame to improve their lot on priority basis. 10.103 The Committee observed that the schemes of SFURTI was introduced in the year 2006-07 but had not yet taken the desired momentum. In order to implement the scheme in a better way the Committee recommended that the Ministry should consider the appointment of Cluster Development Executive (CDE) from amongst the eminent Khadi workers having a good understanding of Khadi sector, so that CDE could play an active and catalyst role in this regard . This role would further strengthened if the technical agency appointed under the scheme provides suitable technical support at the same time. In view of the important role played by SFURTI scheme for cluster development the Committee desired that it should continue for 2010-11 and should be extended to continue further. 10.104 The Committee was of the view with concern that non utilization of money earmarked for a specific purpose was the poor reflection on the face of the premier institution like KVIC. The Committee recommended that the money allocated should be utilized properly and put to better use. 10.105 The Committee observed that inspite of KVIC’s repeated request, funds flow to KVI Institutions from commercial Banks under ISEC was not up to the desired level. The committee while discussing the issue with some commercial banks found to its dismay that the scheme had not been properly publicized and even top brass of banks and financial institutions providing loans to entrepreneurs were not aware of this. The Committee was therefore concerned to note that KVIC was not pursuing all its schemes /policies seriously and strictly to reach out to the entrepreneurs properly. 10.106 The Committee recommended that KVIC should take steps to generate internal resources on its own so that its dependency on budgetary resources of the Government was reduced by evolving suitable mechanism like aggressive marketing of KVI products, brand building and so on to become self reliant which was still lacking and was not frequently seen either in print media or electronic media despite the claims made by KVIC. 10.107 The Committee impressed upon the Ministry and KVIC to make all out efforts in the form of special drive in the states/districts where it was not so successful. 10.108 Looking on the performance of the KVIC in North East Region the Committee was of the opinion that KVIC should set up more central silver plants in North East Region and provide them support in the form of grant in lieu of working capital so that the production activities in North East Region were enhanced and thus creating more employment and development of economic conditions. 10.109 The Committee recommended that KVIC should strive hard to bridge the gap between sanctioned cases and actual disbursal of loans. The number of beneficiaries should be increased and if deemed fit the allocation may be increased at RE stage.

) 10.110 The Committee recommended that the Market Development Assistance Scheme should be promoted in a way so that it may replace the rebate on khadi slowly and gradually. Since the common men’s sentiments attached to khadi for a long time, it may not be possible to abolish rebate on khadi totally. 10.111 The Committee was constrained to note that the quality of khadi did not commensurate with the prices and thus it was no longer within the reach of the poor man. The idea of making khadi available to poor and common man had thus become obsolete. The Committee viewed this very seriously and recommended for necessary steps to reduce the cost and also improving the quality of khadi products simultaneously. 10.112 The Committee was of the considered view that KVIC should be abreast of the marketing strategy so that the KVI could compete, flourish and grow in open market. 10.113 The Committee found that in view of cost of civil construction going up day by day the limit for group and individual workshed under Workshed Scheme for Khadi Artisans was very low. The Committee therefore urged upon the KVIC to ponder over the enhancement of amount of assistance being provided at present as assistance for construction of workshed was being given to the artisans belong to the BPL(below poverty line) category.

10.114 The Committee noted with serious concern that BPL Cards had not been issued to a number of Khadi Artisans due to which they were not able to avail the benefit of the workshed scheme though they were otherwise eligible. The Committee therefore recommended that the matter should be taken up with the respective State Government to expedite the issue of BPL Card so that the eligible artisans could avail the benefit of the schemes. 10.115 The Committee noted that against the requirement of rupee 1000 crores Margin Money for 2010-11 KVIC had been allotted a target of Rs. 906 crores only. Since the targets were expected to cross the figure of Rs. 1000 crores equal margin money should be given to KVIC. The Committee therefore recommended that KVIC should be given Rs. 1000 crores for 2010-2011 under PMEGP towards Margin Money to continue its impressive performance. 10.116 The Committee was informed that in the coir industry spinning was the main area where women were working. The industry needed upgradation of spinning machines by making lot of changes, removing the drudgery and had higher income for the workers. The Committee felt that this was the genuine demand of the Coir sector and recommended that sufficient funds be allocated separately to upgrade the spinning sector of the Coir industry at the RE stage later this year and at BE stage every year till satisfactory results were achieved. 10.117 The Committee was informed that capital investment subsidy for coir industry was only up to Rs. 1 crore but according to Ministry of MSME it should be upto Rs. 10 crores. The Committee therefore recommended that this issue should be examined and the capital investment subsidy should be increased to Rs. 10 crores and the capital investment subsidy and the interest subsidy should be allowed in the Coir sector for its overall growth.

10.118 The Committee was informed that the Coir units in Kerala want to have a common Effluent Treatment Plant for that entire area and for that sought permission to transport the coir waste in closed Trucks from the factories to the plant but the matter was pending with the Kerala Pollution Control Board for quite long. The Committee desired that the Ministry of MSME take up the issue with the State Government of Kerala to solve the problems of Coir units in the State.

10.119 The office bearer of Coir Association gave a good suggestion to the Committee regarding solid waste management. The Coir industry had lot of material lying as waste which could be converted into gas through gasification system which was very costly. If a big plant was set up by the Government the power problem of the coir industry could be solved and Government could also generate revenue. The Committee desired that Ministry of MSME take up the issue with the State government of Kerala in this regard and pursue the matter for positive conclusion. 10.120 The Committee noted during the course of interaction that in 2009-2010, the target assigned for export of coir industry was Rs. 700 crore whereas the Industry had surpassed the target by exporting coir and coir products to the tune of Rs. 707 crore during the February, 2010. It was indeed a healthy trend the Industry had been growing during the last two decades due to the efforts put in by the Government of India by sanctioning schemes and the programmes for development of this industry and meticulously implemented by Coir Board which was praiseworthy. 10.121 The Committee observed that the Budget outlay had increased around Rs. 70 crores whereas the infrastructure and staff strength were the same as earlier days despite the fact that new schemes and programmes had been approved by the Ministry and these were in progress. The Committee, therefore, recommended that the Coir Board should increase its staff strength as the shortage of staff was adversely affecting the process of implementation and development of the Coir Industry. 10.122 The Committee felt that had there been an increase in the Budget the Coir Board would had been able to go in for effective implementation of schemes /plants. It also urged upon the Coir Board to utilise the fund allocated under the various schemes / plans within the stipulated time limit. 10.123 The Committee felt that the activities of the Board were extended to other coconut growing states viz. Tamil Nadu, Karnataka, Andhra Pradesh, Orrisa, West Bengal, and Assam etc., The Committee in view of the extended activities felt and recommended that Coir Board should have training –cum-extension centre at important coconut growing States to cater the need of entrepreneurs and artisans and the existing centre needed to be reviewed by strengthening the infrastructure or providing better training facilities on modern machineries and equipments for improving the productivity quality and profitability of the units setup by the prospective entrepreneurs . 10.124 The Committee also took note of the domestic and export market promotion which were important for Coir Industry. The fund allocated under the Budget market promotion both for domestic and export was inadequate to meet the demands of the trade and industry. Wide publicity could only improve marketability of the products as there were competitive products available in the market at better prices. The Committee therefore recommended that the Budget outlay for domestic and export market promotion should be enhanced for the Coir Board.

10.125 The Committee felt that exporters of the Coir Sector play major role for the development of this industry. The efforts of Coir exporters had helped the industry to surpass the target for the year 2008-09 and 2009-2010 but the assistance and benefits provided to Jute and Textile exporters by the Government were very limited. 10.126 The Committee therefore hoped that the incentives would be provided to all handloom products, as it was essential for sustainability of tiny/household sector. The exporters of the coir Industry should be given support by providing technology upgradation fund on the similar line with other textile exporters. The Committee also recommended that the Ministry of MS& ME should take up the issue of enhancement of incentives for coir exporters with the Ministry of Commerce. 10.127 The Committee noted that the Coir Clusters Programme under SFURTI had given boost to coir industry and families of the coir artisans were benefited by this scheme. The Scheme should be continued and more coir clusters should be identified for extending the facilities under the scheme for future development of Coir Clusters. 10.128 The Committee strongly recommended that more showrooms /sale depots should be opened across the country which would surely enhance the sale and this could only be done with sufficient staff strength and Budget which the Committee felt was still lacking in Coir Board though a long time had elapsed since its existence in 1950s 10.129 The Committee was of the opinion that the Mahila Coir Yojana is a good scheme for self employment to women in rural area and a positive step towards empowerment of women which has now become national policy. Greater role of women in coir sector should be explored and pondered over by involving the private sector and NGOs in this field. 10.130 The Committee felt that NSIC should broaden its resource base to give better services to MSME sector and compete with other institutions and Banks engaged in financing this sector. The Committee desired that NSIC and Ministry should devise the ways to compete with other Financial Institutions. 10.131 The Committee recommended that Government should provide more Financial Support if possible to NSIC and in the mean time NSIC should also take steps to increase IEBR (Internal Extra Budgetary Resources ) and explore some other ways for more revenue generation and creating self reliance. 10.132 The Committee further observed confusion over the credit rating system of MSME sector was still prevailing. While credit rating companies undertook this activity the problem did not get resolved because bankers undertake the credit rating based on their format and internal risk management process. The Committee therefore recommended that the Ministry in coordination with RBI and Indian Bank association should dispel this confusion and work out a uniform credit rating format and process to bring about transparency, uniformity and speedy disposal. 10.133 The Committee desired that its recommendations should be given a concrete shape in the form of affirmative Government actions.

ANNEXURE – XI (See Para 10.4)

Details of the sitting of the Committee on Industry during the year, 2010.

Sl.No. Date of Meeting

Duration Hr. Mts.

Subject

1 2 3 4 1. 27.1.2010 2.25 To hear the representatives of the M/o HI&PE (Department of

Heavy Industry), Engineering Projects (India) Ltd. (EPIL) and Rajasthan Electronics and Instrumentation Ltd. (REIL) on the working and current status of these PSUs

2. 22.3.2010 1.50 To hear the views of representatives of select MSME and Coir Associations on Demands for Grants, 2010-11

To hear the view of representatives of Ministry of Micro, Small & Medium Enterprises, Coir Board, KVIC, NSIC and SIDBI on Demands for Grants, 2010-11

3. 23.3.2010 4.10 To hear the views of representatives of various Chambers viz. FICCI, CII, ASSOCHAM, select Associations in Auto Sector and NATRIP on Demands for Grants 2010-11.

To hear the view of representatives of Department of Heavy Industry (of the M/o HI&PE) and select PSEs viz. Instrumentation Ltd. (ILK), Scooters India Ltd., (SIL), Cement Corporation of India Ltd. (CCI), Heavy Engineering Corporation Ltd. (HECL), Burn Standard Co. Ltd. (BSCL), Engineering Projects (India) Ltd. (EPIL) and Hindustan Paper Corporation Ltd.(HPCL) on Demands for Grants 2010-11.

To hear the views of representatives of Department of Public Enterprises (of the M/o HI&PE) on Demands for Grants 2010-11.

4. 8.4.2010 1.50 To consider and adopt the following Draft Reports:

(i) 215th Report on Demands for Grants (2010-11) pertaining to the Ministry of Heavy Industries and Public Enterprises (Department of Heavy Industry).

(ii) 216th Report on Demands for Grants (2010-11) pertaining to the Ministry of Heavy Industries and Public Enterprises (Department of Public Enterprises)

(iii) 217th Report of Demands for Grants (2010-11) pertaining to the Ministry of Micro, Small and Medium Enterprises.

5.

28.4.2010

1.25

To chalk out future course of action of the Committee

1 2 3 4

6.

11.8.2010

2.10

To hear the representatives of Department of Public Enterprises (M/o HI&PE), M/o MS&ME, Ministry of Steel and Rashtriya Ispat Nigam Ltd. (RINL) on the issue of Professionalisation of Board of Directors of the RINL and its role in promotion of MSME sector units which use steel as raw material for their end products. To hear the representatives of the Ministry of Civil Aviation and National Aviation Company of India Ltd. (Air India) on the issue of Professionalisation of Board of Directors and Grant of Air tickets to the employees of NACIL.

7. 5.10.2010 1 .45 Introductory meeting of the newly re-constituted Committee and Presentation by the Secretary, Ministry of HI & PE (Department of Public Enterprises) on the working of the Department.

8. 19.10.2010 1. 1 To hear the Secretary, Ministry of Micro, Small & Medium Enterprises on the working of the Ministry.

9. 20.12.2010 1. 5 To have a Presentation of the Ministry of MS & ME on Electronic Waste.

CHAPTER-XI COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE



COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE (Constituted on the 31st August, 2009)

1. Smt. Jayanthi Natarajan - Chairperson

RAJYA SABHA 2. Dr. Abhishek Manu Singhvi 3. Shri Shantaram Laxman Naik 4. Shri Balavant alias Bal Apte 5. Shri Parshottam Khodabhai Rupala 6. ♦Shri Virendra Bhatia 7. Shri Tiruchi Siva 8. Sardar Tarlochan Singh 9. Shri Parimal Nathwani 10. ♦♦Shri H.K. Dua

LOK SABHA 11. Shri Bhajan Lal 12. Shri N.S.V. Chitthan 13. Smt. Deepa Dasmunsi 14. Smt. Jyoti Dhurve 15. Shri D.B. Chandre Gowda 16. Dr. Monazir Hassan 17. Shri Syed Shahnawaz Hussain 18. Smt. Chandresh Kumari 19. Shri Lalu Prasad 20. Dr. Kirodi Lal Meena 21. Kumari Meenakshi Natrajan 22. Shri Devji M. Patel 23. Shri Harin Pathak 24. Shri S. Semmalai 25. ♣Shri Shailendra Kumar 26. Shri Vijay Bahadur Singh 27. Dr. (Smt.) Prabha Kishor Taviad 28. Shri Manish Tewari 29. Shri R. Thamaraiselvan 30. Adv. P.T. Thomas (Idukki) 31. Vacant

♦ Expired and ceased to be Member w.e.f. 24th May, 2010. ♦♦ Nominated w.e.f. 30th November, 2009. ♣ Nominated w.e.f. 14th October, 2009 in place of Shri Radhe Mohan Singh (Ghazipur).


COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE


1. Smt. Jayanthi Natarajan ⎯ Chairperson

RAJYA SABHA 2. Shri Shantaram Laxman Naik 3. Dr. Abhishek Manu Singhvi 4. Shri Balavant alias Bal Apte 5. Shri Ram Jethmalani 6. ♦Shri Parimal Nathwani 7. ♦Shri Amar Singh 8. ♦Shri Ram Vilas Paswan 9. ♦Shri O.T. Lepcha 10. ♦Shri M. Rajasekara Murthy♣

LOK SABHA 11. Shri N.S.V. Chitthan 12. Smt. Deepa Dasmunsi 13. Smt. Jyoti Dhurve 14. Shri D.B. Chandre Gowda 15. Dr. Monazir Hassan 16. Shri Arjun Munda 17. Shri Shailendra Kumar 18. Smt. Chandresh Kumari 19. Shri Bhajan Lal 20. Dr. Kirodi Lal Meena 21. Ms. Meenakshi Natarajan 22. Shri Devji M. Patel 23. Shri Harin Pathak 24. Shri Lalu Prasad 25. Shri S. Semmalai 26. Shri Vijay Bahadur Singh 27. Dr. Prabha Kishor Taviad 28. Shri Manish Tewari 29. Shri R. Thamaraiselvan 30. Adv. P.T. Thomas (Idukki) 31. Vacant

♦ Nominated w.e.f. 21st September, 2010. ♣ Expired and ceased to be Member w.e.f. 5th December, 2010.


11.3 During 2010, the Committee considered for detailed examination, the following subjects identified in the previous years:-

Sl. No.

Ministry/Department Subject Status of examination

1. Ministry of Personnel, Public Grievances and

Pensions

Implementation of Right to Information Act, 2005.

Draft report stage

2. - do - Backlog of reserved vacancies of Scheduled Castes, Scheduled Tribes and Other Backward Classes and Persons with disabilities.

Draft report stage

3. - do - Stagnation in Promotions in the Ministries/Departments, Organisations, Public Sector Undertakings etc.

Draft report stage

4. - do - Status of Women Government Employees Service Conditions, Protection against exploitation, incentives and other related issues.

Inconclusive

5. Ministry of Law and Justice

Infrastructure Development & Strengthening of the Subordinate Courts in the Country as part of Judicial Reforms.

Inconclusive

6. -do- Appointment of Judges in higher judiciary.

Inconclusive

11.4 The Committee examined the Demands for Grants (2010-11) of the Ministry of Personnel, Public Grievances and Pensions and the Ministry of Law and Justice.

11.5 In addition to the above subjects, the Hon’ble Chairman, Rajya Sabha referred the following Bills:-

(i) The Personal Laws (Amendment) Bill, 2010; (ii) The Constitution (One Hundred and Fourteenth Amendment) Bill, 2010; (iii) The Marriage Laws (Amendment) Bill, 2010; (iv) The Public Interest Disclosure and Protection to Persons Making the Disclosure Bill, 2010; and (v) The Judicial Standards and Accountability Bill, 2010.

The Committee Reported Bills mentioned at Sl. No. (i) and (ii). The remaining Bills are under consideration of the Committee.

III. Constitution of Sub-Committees 11.6 During 2010, no sub-Committee was constituted.

IV. Review of work done


11.7 The Committee held 15 sittings lasting for 23 hours during the year 2010. Statement showing the dates of sittings of the Committee held during the period under review, the duration of the sittings and the subjects discussed are given in Annexure XII.

(b) Materials and Memoranda furnished to the Committee.

11.8 Voluminous notes/documents were received from the concerned Ministries/ Departments on the subjects/Bills examined by the Committee during this period.

11.9 A large number of memoranda were received from the non-official organizations and individuals on different subjects/Bills examined by the Committee. (c) Study Visits:

11.10 During the period under review one study visit was undertaken by the Committee.

The Committee visited Mumbai, Bangaluru and Chennai from 13th to 19th June, 2010 in connection with consideration of Subjects/Bills such as " Status of Women employees, Service Conditions, Protection against Exploitation, Incentives and other related issues" and " Infrastructure Development and Strengthening of the Subordinate Courts" and "The Personal Laws (Amendment) Bill, 2010" respectively.

V. Reports Presented

(a) Reports During the period under review, the Committee presented the following Reports:-

Sl. No.

Report No.

Date of Presentation/Laying in

Rajya Sabha/Lok Sabha

Subject

1. 37th 09.03.2010 Action Taken Replies of the Government on the recommendations/observations contained in the 24th Report on "Working of Central Bureau of Investigation (CBI)"

2. 38th 29.04.2010 Demands for Grants (2010-11) of the Ministry of Personnel, Public Grievances and Pensions.

3. 39th 29.04.2010 Demands for Grants (2010-11) of the Ministry of Law and Justice.

4. 40th 04.08.2010 The Personal Laws (Amendment) Bill, 2010.

5. 41st 04.08.2010 Action Taken Replies of the Government on the recommendations/observations contained in the 23rd Report of the Committee on "Government’s Policy of Appointment on Compassionate Ground".

6. 42nd 29.11.2010 Action Taken Replies of the Government on the recommendations/observations contained in the 30th Report of the Committee on "Constraints Being Faced by Kendriya Bhandar".

7. 43rd 29.11.2010 Action Taken Replies of the Government on the recommendations/observations contained in the 38th Report of the Committee on Demands for Grants (2010-11) of the Ministry of Personnel, Public Grievances and Pensions.

8. 44th 09.12.2010 The Constitution (One Hundred and Fourteenth Amendment) Bill, 2010.

(b) Action Taken Reports 11.11 Four Reports on Action Taken by Government on earlier Reports of the Committee were presented to both the Houses during the period under review which are listed at Sr. Nos. 1, 5, 6 and 7 of the table above.

(c) Analysis of action taken by Government on the recommendations of the Committee in its earlier Reports: Action taken by the Government on four reports viz. 24th Report on "Working of Central Bureau of Investigation (CBI)"; 23rd Report of the Committee on "Government’s Policy of Appointment on Compassionate Ground"; 30th Report of the Committee on "Constraints Being Faced by Kendriya Bhandar" and 38th Report on Demands for Grants (2010-11) of the Ministry of Personnel, Public Grievances and Pensions were analysed and prepared the Report on Action Taken Report of the Ministries were also presented to Parliament. 11.12 Minutes of 15 sittings of the Committee were prepared and placed before the Hon'ble Chairman, Rajya Sabha. VI. Summary of Recommendations of the Committee

(a) 37th Report

Action Taken Replies of the Government on the recommendations/observations contained in the 24th Report on "Working of Central Bureau of Investigation (CBI)"

11.13 The Committee took note of the reply. However, the Committee felt that the post of Director, CBI should not be limited to officers belonging to the IPS only.

11.14 The Committee took note of the reply. It was, however, not clear from the reply to what extent the concerns raised by the Committee in paras 11.4.2 to 11.4.4 had been taken into account while planning and conducting the training programmes by CBI. The Committee, accordingly, desired that a detailed reply be given while submitting the ATN.

11.15 The Committee took note of the reply. The Committee desired that the proposals received from CBI in this regard should be considered and implemented without delay. Keeping in view the complicated job performed by the officials of CBI, the issue of accommodation to its employees should not be compared with Central Government employees. The Committee, therefore, urged the Government and CBI to enhance the satisfaction level as recommended by the Committee.

11.16 The Committee noted that such facilities should be provided to the personnel so that it was a relief from demanding responsibilities/ duties/tasks performed by them.

11.17 The Committee was pleased to note the action taken in this regard and hopes that the construction of the much awaited building will be completed on time.

11.18 The Committee desired that the existing vacancies in the Cyber Crime Investigation Cell should be filled up without undue delay.

11.19 The Committee reiterated its recommendations and directed the Ministry to reconsider and inform the Committee of the outcome in this regard.

11.20 The Committee took note of the reply furnished by the Ministry. However, the Committee felt that due consideration was not given to the recommendations of the Committee regarding deputation, as is apparent from the reply furnished by the Ministry. The Committee did not concur with the proposition that State police personnel have expertise investigating complicated matters which are routinely dealt with by CBI personnel. The Committee was of the opinion that by the time the deputationists gain sufficient expertise, their term of deputation is likely to be over and they return to their parent organization, which in turn affects the smooth functioning of CBI. Therefore, the Committee was of the firm view that less dependence should be placed on deputation.

11.21 The Committee had time and again proposed grant of Special Incentive Allowance to the technical staff in CBI irrespective of ranks/cadre. It was disturbing to note that the Ministry of Finance has not agreed to the proposal as is apparent from the reply furnished by the Ministry. The Committee strongly felt that the CBI is a specialized investigating Agency and that special incentives should be granted to the CBI personnel, keeping in view the technical and professional nature of the duties they engage in.

11.22 The Committee, therefore, further recommended that the issue may be taken up again with the Ministry of Finance. The Committee was, however, constrained to note that the Ministry has not offered any comments regarding better incentives for the counsels employed by CBI. The same may be furnished in the ATN.

11.23 The Committee reiterated its recommendations and strongly felt that the issue of speedier disposal of cases has to be examined in a holistic manner. Had the present arrangement been satisfactory, there would have not been such a pendency. The Committee, therefore, would like to be informed what measures are being taken in this regard. There is definitely a need for early disposal of cases and that can be done by prescribing maximum time limit. The Committee observed that if required, the relevant laws may be amended.

11.24 The Committee was surprised to note that the recommendations of this Committee vide paras 16.9.20 to 16.9.25 did not make any impact on the thinking of the Ministry. The Ministry, in their reply, did not make any comments on the recommendations of the Committee; rather stated the factual position which they consider was final. The intention of the Committee was to stimulate the thinking of the Ministry to the concerns raised by the Committee. The Committee expected the Ministry to give categorical replies to those concerns. The Committee, therefore, impressed upon the Ministry to give their categorical and complete reply to these recommendations while furnishing their ATN.

11.25 The Committee has recommended enabling CBI to take over certain cases suo-motu and has not recommended for setting of a specialized central agency. In fact, the Committee emphasized that creation of another agency will lead to overlapping of jurisdictions, conflict of interests, demand for more resources which are already scarce, lack of synergy and creation of massive infrastructure and allied facilities, which may not give the desired results. Therefore, the Committee was of the firm opinion that the issue of separate enactment should be given due consideration and positive concrete action should be taken in this regard.

11.26 The Committee felt that sufficient thought and analysis has not been given to the recommendations made by the Committee with regard to strengthening CBI in terms of legal mandate. The Committee reiterated its opinion that though the Constitution granted a unique status to CBI, the powers given to CBI under the DSPE Act were not upgraded or amended after the commencement of the Constitution in tune with the corresponding Entries in the Union List, State List and Concurrent List.

11.27 The Committee noted that the Ministry, in its reply, has admitted that the functions and operations of the CBI have been enlarged. The Committee failed to understand how such a premier organization can function efficiently and to its full potential, when it is lacking in terms of legal backing.

11.28 The Committee reiterated its recommendations. The Committee expressed its dissatisfaction over the progress made by CBI in filling up of vacancies. The Committee, accordingly, directed both the Ministry and CBI to expedite and inform the Committee of the measures taken in this regard alongwith the upto date status.

11.29 The Committee's observations to the preceding paras (i.e. 11.2.10 to 11.10.4) may be referred. The Committee, however, noted the replies furnished by the Ministry and felt that vacancies are too high in a premier investigation agency such as CBI. The Committee recommended that a concrete plan should be worked out to fill vacancies in a phased manner. As regards non receipt of dossiers from SSC is concerned, the Committee recommended that there should be greater co-ordination between the agencies which are under the administrative control of DoPT and DoPT should take a pivotal role in the matter.

11.30 The Committee was constrained to noted that the Ministry has not replied to the recommendations vide paras 11.7.1 and 11.7.2 in a comprehensive manner. It has rather given an evasive and incomplete reply. The thrust of Committee's recommendation in first para was the effect of unfair postings and transfers causing demoralising effect on the personnel and in the second para was shortage of officers in North East and Jammu & Kashmir regions which, as per the Committee, needed to be addressed in a holistic manner. The Ministry's reply that financial benefits are equivalent to those of Central Government employees does not suggest a solution. Had this been so, there would have not been any shortage. Nor did the Ministry offer any comments on the issue of rotation as a solution to this problem. The Committee felt that the transfer policy in CBI needs to be reviewed. The Committee, therefore, impressed upon the Ministry to give a comprehensive reply in respect of both the paras in its ATN.

11.31 The Committee took note of the reply. The Committee was constrained to note that the Ministry has not offered any comments with respect to para 14.1 and 14.2. The Committee, therefore, directed the Ministry to offer para wise comments along with the action taken, while furnishing their ATN.

11.32 The Committee would like to be apprised of the proposal being submitted to MHA and also the action taken by that Ministry, if any.

11.33 The Committee was constrained to note that the reply furnished by the Ministry to the recommendations given above, does not cover all the issues raised by the Committee. It was incomplete in as much as it does not give any information/comments to recommendations vide paras 14.8.3, 14.8.4 and 14.8.5. The Committee therefore impressed upon the Ministry to furnish its detailed comments on the issues raised therein, while furnishing its ATN.

11.34 It appeared from the reply received from the Ministry that the Ministry has not paid any attention to the Committee's suggestions. The intention of the Committee was that CBI enjoyed autonomy, both in respect of functions and financial matters. The Committee, vide its recommendations in paras 15.5 & 15.6, made vital suggestions. The Ministry did not take any trouble to ponder over these suggestions and bring such suggestions before the Ministry of Finance. The Committee, therefore, urged the Ministry of Personnel, Public Grievances and Pensions to examine the issue in consultation with the Finance Ministry and inform the Committee of their findings and outcome thereof.

11.35 The Committee noted that the reply did not reflect the concern raised by the Committee regarding media trial at the initial stages of investigation. The Committee felt that a duly laid down procedure should be followed wherein adequate information is made available in the public domain and at the same time, avoid undue harassment of the parties involved in the investigation.

11.36 The Committee may be apprised of the outcome of the consideration of the proposal.

11.37 The Committee noted that no action has been taken regarding the recommendation of the Committee regarding "deemed sanction." The Committee felt that such a provision would ensure speedy disposal of cases.

(b) 38th Report

Demands for Grants (2010-11) of the Ministry of Personnel, Public Grievances and Pensions.

11.38 The Committee took serious note of such delays. It felt that non implementation of schemes, especially the Plan schemes, on account of laches, inspite of availability of funds, points out to lack of proper planning while piloting schemes. The Committee was of the view that while framing proposals, serious and proper thought should be given to the implementation aspects also, so that the allocated funds are utilized optimally and the objectives of the Plans/Schemes/Initiatives are achieved. The Committee recommended that the causative factors of the delay should be identified and urgent steps should be taken to ensure that such delays are avoided in future.

11.39 The Committee observed that since handsome amount of funds are allocated for engaging consultants for various studies, high degree of accountability should be fixed regarding utilization of funds and meeting the target. The Committee desired the Ministry that while selecting consultants, thorough appraisal of their credentials and accolades should be made. The Committee

also desired that in case the consultants fail to deliver the desired results within the prescribed time limit, punitive action such as blacklisting should be taken.

11.40 The Committee strongly felt that shortage of funds should not hamper the optimum utilization of manpower and the efficient functioning of the Departments/ Organisations. The Committee desired that the Ministry of Personnel should convince the Ministry of Finance regarding its non-Plan budgetary requirements and place before them how any reduction would adversely affect its activities/initiatives/ schemes, on short-term and long-term basis.

11.41 The Committee took cognizance of the submissions made by the Secretary, UPSC; Director, CBI and Director, LBSNAA and desires that more funds should be allocated on the non-Plan side, especially to meet administrative and office expenses.

11.42 The Committee desired the Ministry to give due consideration to such demands of Union Public Services Commission (UPSC) and Lal Bahadur Shastri National Administrative Academy (LBSNAA) at the RE stage.

11.43 The Committee noted the allocations made by the Ministry to UPSC.

11.44 The Committee appreciated this initiative of the Ministry. It hoped that this would ensure that the members of the Service are not put to undue harassment as a result of prolonged suspension and that the officers can perform their duties without fear or favour. It felt that such a step would create a healthy working environment and boost the morale of the officers.

11.45 The Committee took note of the initiative and hoped that this would help in broadening the knowledge horizon of the officers and motivate them to engage in literary and research activities which can prove to be stress busters also.

11.46 The Committee applauded such a step and hoped that this would quicken the existing process.

11.47 The Committee believed that such an initiative would ensure transparency and objectivity throughout the selection process.

11.48 The Committee desired that the recommendations made by the Cadre Restructuring Committee should be implemented at the earliest. It hoped that this initiative will help in tackling stagnation prevailing in the CSS cadre, to a large extent and improve the career prospects of the CSS personnel.

11.49 The Committee appreciated this initiative of the Ministry.

11.50 The Committee applauded this initiative of the Ministry. It hoped that this programme would build up capabilities for the higher level positions, which in turn would foster leadership and strategic thinking at all levels of the organization.

11.51 The Committee appreciated this initiative. The Committee was of the view that a corruption free environment can be achieved by adopting surveillance, preventive and punitive measures. It felt that the Integrity Pact is one such measure. It hoped that this would reduce the distortionary effects of corruption in public contracts and ensure greater transparency in public procurement.

11.52 The Committee acknowledged this initiative of the Ministry.

11.53 The Committee emphasized the need for Special Recruitment Drive for Persons with disabilities, since such persons, inspite of good educational qualifications, due to various debelitating circumstances, continue to struggle for employment opportunities. The Committee took note of the step taken by the Ministry to fill up the backlog reserved vacancies of persons with disabilities through Special Drive and the Committee would like to be apprised of the outcome of this Drive in the Action Taken Reply.

11.54 The Committee took serious note of the vacancies prevailing in the IAS cadre. It recommended that proactive steps should be taken to fill up the vacancies. It hoped that the abovementioned step taken by the Department of Personnel and Training to expedite the entire process of selection and appointment into IAS would help in reducing the delay in filling up vacancies.

11.55 The Committee noted that the latest data regarding the backlog of reserved vacancies has not been furnished by the Ministry. It desired to be apprised of the latest data.

11.56 The Committee recommended that all out efforts should be made by the Ministry to fulfill this Constitutional obligation. It also recommended that time bound steps should be taken to fill up the vacancies and that capacity building steps for candidates belonging to these categories should be envisaged.

11.57 The Committee, in its 31st Report, had strongly recommended that an application under the RTI Act should not be rejected merely on non payment of Rs.10/-. The Committee was pleased to note that the DoPT has henceforth clarified that such an application should be considered sympathetically.

11.58 The Committee acknowledged this initiative. It took note of the findings of the Report. It desired that steps should be taken to give maximum publicity about the RTI Act at the grass root level and in regional and local languages.

11.59 The Committee was pleased to note that funds allocated under this head has been enhanced even though it was reduced at the RE stage in 2009-10. The Committee desired the Ministry to ensure that the allocated funds for 2010-11 are utilized fully, especially in the current scenario, wherein the common man has demonstrated a great deal of interest in this historic piece of

legislation. The Committee recommended that the Ministry should give top priority to enlightening the public about the objective and provisions of the RTI Act.

11.60 The Committee was pleased to note that new features have been added to the RTI portal. The Committee hoped that this Portal would prove to be an user friendly mechanism for the search and access of information by citizens round the clock and that this would encourage the public to participate in the movement towards transparency in governance.

11.61 The Committee acknowledged the steps taken by the Ministry to improve standards of record keeping in all public authorities. The Committee appreciated the various tools employed by the Ministry to ensure that the information as mandated by the RTI Act is available in public domain, thereby fulfilling the obligation cast under the RTI Act, on all public authorities to disseminate information.

11.62 The Committee appreciated this initiative of the Ministry and hopes that this step would help in better record management.

11.63 The Committee acknowledged this initiative of the Ministry.

11.64 The Committee appreciated this initiative of the Ministry and believes that such interactive sessions would help in resolving pending matters pertaining to the three Central Secretariat Services. It recommended that such interactive sessions should invariably be held on an yearly basis.

11.65 The Committee applauded this scheme of the Ministry. It believed that this scheme would address financial stagnation. It hoped that this would have a positive impact on the morale of the employees.

11.66 The Committee appreciated the upgradation made in the system.

11.67 The Committee, in its 19th Report, had observed that organisations such as the National Archives of India are headless for years together due to apathy of UPSC. The Committee hoped that the step taken to exempt the abovementioned posts from the purview of UPSC would reduce the delay in filling up these posts and persons who are expert in the field may take over as the heads of these organizations.

11.68 The Committee took note of this submission and desires that this aspect should be given due consideration at the RE stage. The Committee was of the view that budgetary constraints should not adversely affect the efficient functioning of UPSC.

11.69 The Committee desired the Ministry to fill up the existing vacancy within a reasonable time and also desires that the Ministry should ensure that such delays in filling up vacancies do not occur.

11.70 The Committee was concerned that the prevailing vacancies would affect the smooth functioning of the premier recruitment agency, whose scope of activities has increased over the years. It was of the view that in the present scenario where educated, qualified youths are in search for jobs, there is no justification that such vacancies prevail. It recommended that urgent steps should be taken to fill up the vacancies at the earliest.

11.71 The Committee appreciated this initiative and hopes that this would address the concerns of the State Civil Service officers that proper avenues are not available for their career progression.

11.72 The Committee appreciated the introduction of the Civil Services Aptitude Test (CSAT) in the Civil Services Examination, 2011. The Committee hoped that such an initiative would, to a very large extent, assess the aptitude and attitude of the candidates rather than test their memory skills, thereby ensuring that candidates who have the real urge and aspiration for the service of the public would enter the Civil Services fold.

11.73 The Committee, while appreciating the introduction of online submission of applications, would also like to urge that it should be ensured that the facility is user friendly to all candidates, irrespective of whether they belong to the rural or urban areas.

11.74 The Committee desired that the Ministry should address this concern of the Committee.

11.75 The Committee appreciated the introduction of Interactive Voice Response System (IVRS) for facilitating the candidates. It would also like to commend UPSC for exempting female candidates from payment of examination fee. The Committee hoped that the UPSC will adopt such positive steps in future also.

11.76 The Committee recommended the working of UPSC with the highest standards of probity with respect to recruitment to public services and also appreciates its optimum utilization of funds in the last financial year.

11.77 The Committee was not satisfied with the written reply furnished by the Ministry. The Committee was in agreement with the view of Director CBI and impress upon the Ministry to have a fresh look and come out with a separate Act for CBI.

11.78 The Committee failed to understand how this premier investigation agency can be expected to function efficiently and impartially in the absence of an effective statutory backing. The Ministry should appreciate that the DSPE Act which was enacted in 1946 is not sufficient to cater to the requirements of organisation whose mandate and responsibility have increased manifold during the years.

11.79 The Committee strongly felt that in the current scenario, wherein crimes pervade state, national and international boundaries, CBI which was established by a resolution dated April 1, 1963 and which draws powers to investigate from the DSPE Act, with the existing legal framework, cannot be expected to fulfill the high expectations placed on it by the entire political, judicial and social spectra.

11.80 The Committee was of the firm view that such an Act of Parliament is sine qua non to the functioning of CBI as an independent and accountable agency which specializes in prevention, investigation and prosecution of crime. The Committee was of the considered view that apposite legal empowerment of CBI, in tune with the corresponding Entries in the Union List, State List and Concurrent List, is in public interest.

11.81 The Committee recommended that this proposal should be considered at the earliest and quick action should be taken on the same.

11.82 The Committee was perturbed to note that the number of vacancies existing in CBI, especially in the prosecution posts (36.5 %) and technical posts (58.7%) is alarming. It had, on various occasions, pointed out to the organisation and the Ministry the urgent need to fill up these vacancies, but no concrete results have been achieved so far. The Committee believed that such large number of vacancies will adversely affect the efficient functioning of the premier investigating agency.

11.83 The Committee strongly recommended that concrete action on war footing should be taken to ensure that the vacancies are filled up in a time bound manner. It desired that necessary changes in the rules and procedures should be made to ensure that qualified and capable persons join this organisation, particularly in the specialized fields.

11.84 The Committee recommended that latest gadgets should be procured to ensure effective functioning of the organisation. The Committee desired that separate allocation should be made for upgradation of technology in CBI.

11.85 The Committee felt that since allocation is made in pursuance of the request made by the organisation for a particular scheme/project, non-utilization of the allotted funds points to the fact that there is some lacuna in the implementation/execution stage. The Committee recommended that steps should be taken in advance to ensure that the allotted funds are utilized optimally.

11.86 The Director, CBI submitted before the Committee that enhanced allocation is required especially for ‘Professional Services’. The Committee reiterated its recommendation that a separate head should be made for investigation and prosecution expenses and urges the Ministry that budgetary constraints should not adversely affect granting funds to such an important agency.

11.87 The Committee, in its 24th Report on “Working of CBI”, had observed that less dependency should be based on deputation. It reiterated its recommendation and is of the view that better promotional avenues should be given to the departmental personnel who, by virtue of their long term experience of working in CBI, are undoubtedly, an asset to the organisation.

11.88 The Committee took note of the sanctioning of 25 posts to deal with offences of fake currency, approval of 71 new exclusive CBI Courts at the trial level, restructuring of the organisation in 2009, filling up of 60 posts of prosecutors through contract and special drive to fill vacancies. It also takes into account the deposition of the Director, CBI that in order to get suitable candidates in the legal field, efforts have been made to induct persons right from the Law Schools. The Committee appreciated such steps and hopes that such initiatives would help in tackling the delay in disposal of cases and in enhancing the professional standards in CBI.

11.89 The Committee was of the considered view that an independent Directorate of Prosecution should be set up in CBI, which would inter alia, decide, based on the merits of the case, whether it is fit to be taken to court or a closure report is to be filed.

11.90 The Committee was unhappy to note the huge number of pending cases in CAT. It felt that the very objective of the Central Administrative Tribunal to render speedy justice to the Government employees is defeated by the delay in disposing cases. The Committee desired the Ministry to take effective steps to bring down the pendency of cases in CAT.

11.91 The Committee was pleased to note the initiative and felt that such a step would turn out to be time saving. The Committee desired that proper steps should be taken to ensure that this facility is user friendly so that candidates can be benefitted by this, irrespective of whether they belong to rural or urban area. The Committee also appreciated the decision taken by SSC to exempt women candidates from payment of examination fees.

11.92 The Committee appreciated the proposals submitted by SSC to the Government to restructure the examinations conducted by them with the assistance of a multidisciplinary Expert Group. It also commended the initiatives taken by SSC to reengineer some of their processes and to assess their requirements of information technology infrastructure.

11.93 The Committee, while deliberating upon the Demands for Grants (2010-11), highlighted the need for radical change in the attitude of civil servants to the concerns of the public and their representatives in Parliament and State legislature. The Members of the Committee emphasized upon the need for inculcation of core values of public service in the minds of the Civil Servants right from the training stage.

11.94 The Committee desired that the course content of the training imparted to the successful Civil Service candidates at the LBSNAA should be tuned in such a way that sensitivity to the problems of the common man is imbibed by them before they enter the public service arena. The Committee hoped that such training modules would enable them to effectively address the grievances of the public and become able administrators.

11.95 The Committee also took note of the submission made by the Director, LBSNAA before the Committee that more funds should be allocated to meet the office expenses. The Committee desired that the Ministry should give due consideration to this demand at the RE stage.

11.96 In this regard, the Committee urged the Ministry to appreciate the fact that Kendriya Bhandar is a welfare project aimed for the benefit of Central Government employees, their families and other customers. The Committee, in its 30th Report on ‘Constraints being faced by Kendriya Bhandar’, had recommended for favourable consideration the request made by Kendriya Bhandar not to evict their stores from Government accommodation. The Committee reiterated its earlier recommendation and suggests that rent may be charged from their stores on the lines of post offices.

11.97 The Committee appreciated this initiative made by CVC for online lodging of complaints and accessing status thereon also online.

11.98 The Committee took cognizance of this submission and strongly recommended that these posts should be filled within a reasonable time. It was of the considered view that vacancies arising out of retirement can be anticipated in advance and steps taken to fill them to ensure that the vacancies are filled once the incumbents retire.

11.99 The Committee strongly felt that when the number of posts in the Government are diminishing, it was inexcusable that vacancies are not filled up owing to various reasons. This was not only a negation of rights of the educated youth, but also a contributing factor to the increased workload of the existing staff and pendency of cases. Therefore, the Committee recommended that the Ministry of Personnel, which was the coordinating agency in respect of issues concerning recruitment, staff welfare etc., should sort out the hurdles with the concerned organisations and ensure that the vacancies are filled up without further delay.

11.100 The Committee acknowledged this initiative. It, however, expressed its concern that for the year 2008-09, though the BE for construction of Head Office building of CIC/ purchase of Office building for CIC was Rs.5 crore, which was revised at the RE stage to Rs.0.10 crore, the amount utilized was nil. The Committee recommended that such non-utilization of funds should be avoided in future.

11.101 The Committee was pleased to note that DARPG has taken such a positive initiative and hopes that State Governments would extend full hearted co-operation in this regard.

11.102 The Committee took note of the efforts made in this regard and hopes that this would ensure that the benefits of quality service delivery percolates down to the beneficiaries at the lower level also.

11.103 The Committee appreciated this initiative and hoped that such a model will motivate the State Governments to emulate good practices of governance.

11.104 The Committee took note of such motivating initiatives made by the Ministry. It hoped that this would lend a boost to innovation and creativity in all fields of life.

11.105 The Committee felt that such interactions with other countries would enable exchange of ideas and experience, resulting in furtherance of best practices in the field of administration.

11.106 The Committee appreciated the efforts made by the Department to assess and monitor the implementation of the CPGRAMS software and hopes that more features will be added to it to make it more user friendly. The Committee recommended that effective follow up action should be taken on the views/ideas which emerge during the quarterly meetings.

11.107 The Committee was happy to note that the feedback mechanism in CPGRAMS would be made functional in 2010-11. It hoped that such an addition will help in gauging the citizen's satisfaction on the redressal of his/her grievances.

11.108 The Committee was pleased to note the initiative of the Department and is of the view that this initiative should be extended to other States also so that the benefit of this software is utilized by all sections of the public, irrespective of language barriers.

11.109 The Committee appreciated this initiative of the Ministry.

11.110 The Committee desired that innovative proposals should be conceptualized and that necessary funds should be allocated under this Head.

11.111 The Committee was pleased to note that the Department of Posts has successfully completed its certification for pilot outlet in GPO.

11.112 The Committee was of the view that the Department of Administrative Reforms And Public Grievances should take proactive steps to persuade other Ministries/Departments which have not yet implemented Sevottam to choose the Sevottam framework for public service delivery.

11.113 The Committee, during its deliberations on Demands for Grants (2010-11), strongly opined that a statutory backing should be given to the public grievances redressal mechanism since policy guidelines issued by DARPG lack enforceability. In fact, it was one of the recommendations made by this Committee in its 29th Report on “Public Grievances Redressal Mechanism”. The Committee recommended that this matter should be looked into and that feasibility of such a statute should be explored.

11.114 The Committee appreciated this initiative and hoped that the report will be submitted at the earliest and that its recommendations will be implemented without delay.

(c) 39th Report

Demands for Grants (2010-11) of the Ministry of Law and Justice.

11.115 The Committee observed that there exists a huge gap between the Demands of the Ministry of Law and Justice and the Grants made by the Government at Budgetary Estimates stage 2010-11 for the Ministry. The Department of Legal Affairs demanded Rs.229.08 crore but only Rs.145.34 crore has been allocated. The Legislative Department received only Rs.169.92 crore against the demand of Rs.547.26 crore. The Department of Justice also received lower allocation in comparison of the demands made. The Department had been allocated only Rs.280 crore against the demand of Rs.884.13 crore. Though the lower allocations may pose challenges in the way of achieving the targets set by the Ministry, the Committee expected that the Ministry would wisely execute its plans and schemes and efficiently utilize the allocations. However, the Committee hoped that the Government would provide additional funds at the RE stage if the need arises.

11.116 Besides, an appraisal of the Detailed Demand for Grants (2010-11) indicated that financial requirements of the organizations functioning under the supervision of the Ministry of Law and Justice have not been addressed adequately. Moreover, from the deliberations of the Committee with the representatives of these organizations, the Committee gathered an impression that owing to the lack of adequate inflow of funds these organizations are facing enormous constraints in their day to day functioning as well as in taking up scheme/projects. The Committee identified that shortfall in the budgetary allocation appears to be one of the major obstacle in the way of achieving the envisaged objectives of these organizations. Therefore, the Committee recommended that the respective Departments may analyze the actual requirements of these organizations and chalk out requisite budgetary allocations to enable these organizations to perform to their optimum level and ask for reasonable allocations at the RE stage during the financial year.

11.117 It was observed from the comparison of the amount allocated at RE 2009-10 and the amount allocated at BE stage 2010-11, there has been a decrease in the allocations made. The Committee hoped that the allocation for the year 2010-11 has been made consciously taking into account the projected expenditure for all the heads. The Committee expected that the estimated allocation would be sufficient to match the requirements of the Election Commission and the allocations may be enhanced at the RE stage if the need arises.

11.118 Appreciating the initiatives to be launched under the subhead 'Training', the Committee observed that such initiatives would create greater awareness among the masses regarding the electoral process and undoubtedly supplement the conducting of free and fair elections. The Committee, however, hoped that such initiatives would be implemented in their true spirit and not remains on paper only.

11.119 In the lines of the queries raised by the Hon'ble Members during the deliberations on the Demand for Grants 2010-11, the Committee observed that the instances such as delay in the issuance of certificate to the winner of the elections during the election are unwarranted and recommends that the Election Commission should vigorously endeavor to rectify the prevailing functional anomalies as pointed out by the Hon'ble Members.

11.120 While appreciating the action taken by the Tribunal for reducing the pendency of appeals as highlighted in its Annual Report, the Committee expressed its concern that allocation made for the acquisition of land and construction of building for the various Benches of ITAT under minor head 4070 for the financial year 2009-10 actually remained unutilized. The Committee further observed that a wide variation is still reflected in total number of sanctioned posts and the actual filled up positions in the Tribunal. As regards the filling up of vacancies arising on account of retirement of Members etc, the Committee felt that the Ministry should have anticipated such vacancies and taken the necessary measures well in advance. The Committee, therefore, strongly observed that the process of filling up vacancies is an ongoing process, the Ministry must anticipate well in advance and the tribunal must act accordingly in time.

11.121 The Committee, therefore, recommended that the Ministry should expeditiously make all out efforts to fill-up the remaining vacancies without any further delay.

11.122 The Committee took note of delay in consideration of computerization and interlinking of all the zonal offices and single bench of ITAT for want of sufficient funds. In view of this, the Committee was apprehensive whether the amount sanctioned

during the year 2009-10 has been adequate to address the requirement. The Committee, therefore, impressed upon the Department of Legal Affairs to make available adequate funds to ITAT so that the work is completed without further delay.

11.123 The Committee was constrained to note that under the Head 2052 the actual expenditure was only Rs. 0.28 crores against the amount of Rs. 2.98 crores allocated at the RE stage. The Committee expressed serious concerns over such a low percentage of utilization of the allocated funds as allocations for the other schemes of the Ministry are affected. The Committee, therefore, recommended that the Ministry should make concerted efforts for proper utilization of the funds allocated for the purpose and demand for the allocations at RE stage accordingly.

11.124 The Committee was pleased to note that in accordance with its recommendations made in its earlier Reports, the Government has been persuading the State authorities to increase the income ceiling limit for getting free legal services. Appreciating the steps taken by the Government, the Committee felt that the coverage of population under the free legal service should be enlarged. Thus, the Committee insisted that the Department and NALSA should keep on their efforts to persuade the States until the desired criteria of the income ceiling limit to Rs.1,00,000/- per annum is achieved throughout the country.

11.125 While appreciating the efforts being made by the NALSA to persuade the State Governments to increase the fee-structure of the legal aid lawyers, the Committee felt that the enhancement in the fee-structure of the legal aid lawyers is still not upto the level of competitiveness. The Committee, therefore, reiterated that the fee structure of the Legal Aid Counsels should be suitably enhanced so that the experienced and competent lawyers are also attracted and motivated to take up/ accept the cases of the legal aid beneficiaries with full enthusiasm. Following its earlier Reports, the Committee reiterated that higher fees such as Rs. 20,000/- in the case of Sessions Cases which ended in acquittal, and Rs. 5000/- in the case of conviction, will motivate the counsel to work hard in favour of the accused who cannot afford a lawyer, with all sincerity.

11.126 The Committee expressed its concern over the non-utilization of grants by the States Legal Services Authorities and therefore recommended that the Ministry should effectively utilize the funds ensuring the implementation of the programmes of NALSA. Also, the Committee expressed its concerns over the late release of the Grant-in-aid allotted to NALSA by the Central Government which further causes delay in releasing the funds to the State Legal Services Authorities. The Committee, therefore, recommended that the Ministry should ensure the timely inflow of the funds to the NALSA so that the State Legal services Authorities could get the funds on time.

11.127 The Committee appreciated the raising of budgetary allocations for NALSA to implement the various schemes through State Legal Services Authorities. In order to strengthen the monitoring part of the schemes the Committee recommended that NALSA should adopt the practice of collecting activity wise expenditure from the States Legal Service Authorities preferably from the current financial years.

11.128 The Committee was happy to know that following its recommendations, the Ministry has accepted to provide statutory back-up to Law commission and has proposed to enact the Law Commission of India Bill in this regard. The Committee hoped that enactment of this Bill would definitely enhance the effectiveness and efficiency of the Law Commission.

11.129 The Committee took note of the demands made by the Director, Legal Studies for more funds in view of the infrastructural and administrative requirements of the newly established institution. The Committee was of the view that the Ministry should take into account the proposals of the Directorate of Legal Studies regarding the enhanced allocation as being a nascent institution it needs adequate financial and administrative support to achieve its envisaged goals. The Committee therefore, recommended that the Ministry should ensure the rational allocations necessary to undertake its activities.

11.130 The Committee expected that the BCI would expedite the process of examination regarding making amendment to the Advocate Act, 1961.

11.131 The Committee was constrained to note that the proposal to provide grants to the ICPS for construction of its building is yet to be placed before the Standing Finance Committee. The Committee had also observed that no separate allocation for the construction of the building of the ICPS has been proposed at the BE stage 2010-11. The Committee found that the approach of the Ministry has been very casual in this regard. The Committee was of the considered opinion that in a Parliamentary democracy such as India promotion of Parliamentary Studies was vital to nurture the development of the Parliamentary institution. Thus, providing adequate inflow of the funds pertaining to the infrastructural development of the institutions such as ICPS is undoubtedly justified.

11.132 The Committee expressed it concerns as no significant allocations for ICADR have been made at the BE stage 2010-11. The Committee was also constrained to note that the Department of Legal Affairs has not taken into consideration the ICADR's demand of financial assistance of Rs. 5 crores for each regional centers. As per the ICADR's proposal, Rs.3 crores could be allocated in terms of Corpus Grant and rest of Rs.2 crores could be allocated for running of suitable accommodation, setting up and furnishing of the Regional Centre and employment of suitable staff. The Committee felt that adequate allocations of funds for ICADR is a must to enable the institute to realize its potential to the maximum. The Committee felt that providing budgetary allocations for the ICADR as corpus grant would help the institute in ensuring a regular source of income. Thus, the Committee recommended that budgetary allocations for ICADR be reconsidered at the time of RE (2010-11) keeping in mind the requirement of setting up of the regional centre of ICADR in the States.

11.133 However, the Committee expected that in course of time the institute would prefer to augment its financial resources by the way of national and international arbitrations thereby easing the burden of the Government. In this connection the Committee, therefore, recommended that the Government should pursue PSU's to include the ICADR arbitration clause and take necessary steps to publicize the arbitration activities of ICADR. The Committee felt that this is a positive step not only to successfully address the out of court arbitration and needs of the corporate sector in a liberalized economy but the ICADR would also be able to generate its own resources.

11.134 The Committee was pleased to note that the ILI has been conducting relevant research on the areas of utmost legal significance as identified by the Committee in its previous Reports. Taking note of the Director, ILI's demands, the Committee acknowledged that the funds allocated to the ILI are not sufficient to enable the institute to meet its financial requirements in view of ongoing and prospective research projects/studies and infrastructural bottlenecks being faced by the institute. Thus, the Committee recommended that the allocations made for the ILI be enhanced at the Revised Estimate stage 2010-11 as per the requirements.

11.135 In the light of the reasons provided by the Ministry, the Committee acknowledged that the reduction in the allocation to the Department appears genuine. However, the Committee hopes that if the need arises in the course of time, the allocations may be enhanced at the RE stage. The Committee acknowledged that the Department has effectively utilized the grant allocated at the RE stage 2009-10. The Department had utilized Rs 919.94 crores in the period 2009-10 against the amount of Rs 1007.48 allocated at the RE stage for the same period.

11.136 The Committee acknowledged the rationale of disbursing lesser amount under various Minor Heads for the year 2010-11 in view of the lesser allocation by the Ministry of Finance under the Major Head 'Election'- 2015. However, a gap of Rs. 70 crore between the demand and the allocation perturbs the Committee whether the allocation would meet the Department’s requirement. The Committee, however, hoped that the Department would utilize the allocations consciously to meet the requirements vis-a-vis preparation and printing of electoral rolls and if the need so arises, enhanced demands may be projected at RE stage.

11.137 The Committee considered it as a considerable progress. A lot of effort is yet to be made as a good bulk of 15.37% of the electors are still left to be covered. Thus, in accordance with the recommendations of its 32nd Report, the Committee reiterated that Election Commission should adopt a time bound framework to accomplish the target of 100% coverage under the EPIC programme. However, the Committee was constrained to note that no permanent EPIC center has been established in 15 States and UTs. However, an appraisal of the data provided by the Department shows that some States have been undertaken under special campaign during specified periods instead of permanent EPIC. Though the Committee acknowledged the efforts being put under the special campaigns, it still feels that such campaigns can not be the alternative of a permanent EPIC and therefore, such specific campaigns may be undertaken as supplementary to the permanent EPICs. Therefore, the Committee recommended that the Election Commission should ensure permanent EPICs in each States/UTs without further delay.

11.138 The Committee appreciated the Election Commission's proposals regarding the weeding out of old EVMs and upgradation and procurement of new EVMs. The Committee was also happy to note that the Government has considered the proposal positively and responded accordingly.

11.139 The Committee also took note of the fact that no significant amount has been allocated for the expenditure on Electronic Voting Machine under the minor head at the BE 2010-11 and RE 2009-10 despite the procurement of additional EVMs. The Committee was surprised as to how the payment of the procured EVM during the year 2010 would be made by the Election Commission.

11.140 Besides, the Committee was constrained to note that despite being aware of the ongoing process of replacement of 1989-90 EVMs, the Election Commission failed to estimate the need of EVMs before the Elections. The Committee felt that increase in number of the contestants in the election is a common phenomenon and may be anticipated to occur in any future elections. Thus, the Election Commission should be prepared to deal with such circumstances in advance. The Committee, therefore, recommended that in the RE 2010-11, the allocations regarding expenditure on EVM may be reconsidered.

11.141 The Committee was disappointed to know that decision regarding the construction of building for Institute of Legislative Drafting and Research is still pending despite the passage of so much of time. The Committee also felt that the Department have not reached at a final agreement with ICADR regarding the building for the ILDR on vacant land of ICADR; Plot No.6, Vasant Kunj Institutional Area, Phase II, New Delhi - 110070 despite some promising initial responses. The Committee was also constrained to note that owing to the lack of physical infrastructure, the ILDR has been unable to provide the training programmes in Legislative Drafting in Hindi. The Committee strongly recommended that the Ministry should ensure all the required infrastructure facilities including the construction of building without any delay and hopes that the necessary allocations in this regard may be made at the RE stage for 2010-11.

11.142 Taking note of the points made by the Secretary, the Committee acknowledged that indeed the Department needs competent draftsmen to perform the complex task of Legislative drafting. The Committee, therefore, recommended that the Department should effectively utilize the potential of institutes such as ILDR to impart specialized training to the future draftsmen. The Committee felt that an attractive sum of remuneration would divert the pool of talented people towards the less popular field of legislative Drafting. Once these requirements are brought into place, the Institute can become a training centre

for fresh hands to prepare them to this field of work. However, it would not be possible until the prominent institution in the field such as ILDR lacks the standard physical infrastructure. It was, therefore, the responsibility of the Legislative Department to strengthen in ILDR both in terms of infrastructure & human resource development.

11.143 The Committee appreciated the activities being taken up by the Official Language Wing. The Committee hoped that the allocated amount of Rs. 5.70 crore would be sufficient for the activities to be taken up in this year. However, the Committee recommended that the Official Language Wing should utilize the allocated amount to its optimum as an amount of Rs.1.23 crore remained unutilized in the year 2009-10.

11.144 The Committee was pleased to note that the Government has now appointed a full-fledged Secretary for the Department of Justice. The Committee expected the Department of Justice, under the supervision of a full fledged Secretary would discharge its administrative functions more effectively.

11.145 The Committee appreciated the Department for its effective utilization of the allocated amount for Planned Schemes at the RE 2009-10 upto the 98.10%. The Committee was also pleased to note that despite getting only 25% of its Demand, the Department has managed to earmark the amount of Rs 120 crore, and Rs 110 crore for the Computerization of judiciary and the infrastructure development under the CSS respectively. Moreover, allocation of Rs 75 crores for the FTC despite uncertainties regarding the extension of the scheme is praiseworthy. However, the Committee was constrained to note that the Department is far from utilization of the Plan Outlay of Rs.1470 crores for the 11th Five Year Plan period with the present speed of utilization. It is noteworthy here the Department has envisaged to utilize only Rs.517.78 crore by the year 2010-11.

11.146 The Committee also took note of the submission by Justice Secretary and hopes that the Department would effectively utilize the plan Outlays in the course of time. The Committee also appreciated that the Finance Commission has recommended Rs 5,000 crore for improvement in administration of Justice with prime focus on reducing arrears during the period 2010-11 to 2014-15. The Committee hopes that if the funds are released on schedule and spent in its true spirit, it would definitely provide a fresh breath to the over-burdened and under-resourced judiciary. The Committee felt that to optimize the utilization of the funds released for the reforms in judiciary both the Center and States have to adopt a collaborative approach from implementation to the monitoring level.

11.147 The Committee was constrained to note that the Department could only envisage for utilizing Rs.411.97 crore by the year 2010-11. While as per the mid-term appraisal of the target set for CSS, an amount of Rs.669.69 crore should have been utilized. It denoted that the Department was able to utilize funds made available to it. The shortfall was alone to less allocation of funds during the last three years.

11.148 An appraisal of the Annual Plans 2008-09, 2009-10 for the Department illustrates that no physical target could be fixed to monitor the progress of work under CSS as the construction of court buildings etc. was to be decided by the States. Though the Committee took into account the reason provided by the Department in this regard, the Committee still felt that fixing of the targets is an integral part of any planning process and also provides benchmark to assess the achievements made during a plan period. Moreover, the Committee found that the failure to fix the targets under the CSS is an indicative of a common structural constraint that has diminished the prospects of most of the Government’s schemes. This is none other than the lack of coordination between Center and States. The fate of a lot of Government schemes requiring the cooperation between Centre and State are in limbo owing to the reluctance of either side in fulfilling the assigned responsibilities.

11.149 To overcome this structural constraint, the Committee, therefore, recommended that the Government should continuously make all out efforts to persuade the State Governments. There is also a need to identify the reasons of non compliance by the States in this regard. The Committee opined that the Department should explore the ways and means to motivate the States to comply with the responsibilities assigned in the scheme and extend more assistance to the States, if needed so.

11.150 The Committee acknowledged the progress made so far by the NIC as an implementing agency for the Computerization of Judiciary (E-Court) Project. The Committee also took into account the complexities being faced by the NIC and the Department in the implementation of the E-Courts projects.

11.151 The Committee hoped that the Government would respond positively to the demands of the Department of Justice for the additional allocation for the project. The Committee would also like to draw the attention of the Government over its inability to properly utilize the budgetary provisions for the purpose. As the actual expenditure over the above-mentioned head has been very low in comparison of the grant allocated at the BE stage for the last 2 financial years i.e. 2008-09 and 2009-10. For the year 2008-09 only Rs.25.90 crore was actually realized against the estimated grants of Rs. 125.00 crores at the BE stage. Likewise, only Rs.65 crores was released upto 26th March, 2010 in comparison of the Rs.120 crores estimated at the BE for the year 2009-10. The Committee observed a poor utilization ratio of 20.72 % and 54.16% respectively for the years 2008-09 and 2009-10 against the utilization ratio for total planned expenditures of the Department which were 98.10% and 61.12% respectively for the same period. The Committee expressed its concern over such low percentage of utilization in comparison of the estimated allocations and recommends the Department should ensure the release of adequate amount for the purpose.

11.152 The Committee took note of the proposed revised cost estimate of Rs.918.41 crore for the implementation of Phase I of the project. While justifying the need of enhanced allocations the Committee would like to point out that the ongoing procedural delay in the execution of the Phase-1 of the scheme could not be overcome only by enhancing the allocation. The Monitoring

aspects of the project are also needed to be strengthened. The Committee, therefore, recommended that to reduce delay in the implementation of the Phase-1 the Ministry should devise a mechanism to monitor the site preparation work, completion of sites and LAN Surveys and also the timely delivery and installation of the of hardware at court complexes.

11.153 The Committee welcomed the launching of such a significant initiative as the establishment of Gram Nyaylayas. The Committee hoped that it would further enlarge the reach of the Indian judicial system and address the grievances of the people from the very grassroots level by delivering justice at their doorsteps. The Committee took note that some States aspire for enhanced allocation. The present scheme provides for Rs 18 Lakhs per Gram Nayaylaya towards non-recurring expenditure and Rs. 3.20 lakhs per anum per court for the first three years towards recurring expenditure. In view of the demands of the States, the scheme allocations may be reviewed after first three years and the allocations may be enhanced accordingly.

11.154 The Committee was in agreement with the Director, NJA's demand of enhancing the allocation for the Academy and endorses that the enhancement in allocations is justified in view of the administrative expenses/ academic programmes/activities proposed to be undertaken by the Academy.

11.155 The Committee, however, expressed its anguish that the previous Annual Reports of the NJA are yet to be laid in the Parliament and thus, pending audit of accounts and recommends that NJA should expeditiously furnish its comments to the statutory auditors if the same are not done.

11.156 The Committee took note of the reply of the NJA and understands that in its present capacity, it is not possible for the NJA to provide training to other officials involved in the administration of Justice. However, the Committee was constrained to note that in a country of population of more than 1.2 billion, there is only one small national institution for judicial education. The Committee was also disappointed to note that the infrastructural facilities in the academy are not even sufficient to provide the training to the judicial officers. The Committee, therefore, recommended that the Ministry of Law and Justice should take necessary steps so that NJA could function effectively and cater to the need of the judicial education for the Judicial and other administrative officers involved in the administration of Justice

11.157 The Committee was constrained to note that the actual inflow of the funds for the Fast Track Courts has been lower in comparison to the allocations made at the RE stage. The Committee appreciated the Government's proposal to extend the present scheme of Fast Track Courts and has accordingly made allocations of Rs.75 crores for FTC at BE stage 2010-11. The Committee felt that the Fast Track Court which was introduced as a major reforms initiative still has relevance given the mounting level of pendency of cases. However, the Committee would also like to draw the attention of the Department towards the need of improvement in the functioning of FTCs as there have been complaints in this regard. The Committee in its previous Reports had pointed out the matter and recommended that the Department should take follow up action to improve the functioning of FTCs.

11.158 The Committee felt that the views of the Chief Justice of Allahabad High Court are an indicative of the fact that the FTCs need improvement at various functional aspects because the number of disposals of pending cases is not the sole yardstick to judge the performance of FTCs. The quality of the functioning of FTCs is also equally important. Therefore, the Committee recommended that having collected the views of all High Courts, the Department should consider their suggestions to make the functioning of FTCs more effectively.

11.159 The Committee, therefore, recommended that the Government should immediately bring forward a proposal to raise the retirement age of Judges of High Courts from 62 to 65 to be at par with the retirement age of a Judges of the Supreme Court without any further delay.

11.160 The Committee was not in agreement with the Ministry and the opinion of the Chief Justice of India as well. The Committee felt that unwillingness regarding establishment of the other Benches of the Supreme Court cannot be justified on the grounds that it would attract a cumbersome process of constitutional amendment. The Committee also felt that such an amendment is the need of the hour and would pose a step in the right direction to make the Hon’ble Court accessible to all the regions of the country. The Committee felt that the Constitution of India is a living document and has enough scope to accommodate the demands arising out in a changed milieu in view of the provisions for it under Article 130 that reads -

“The Supreme Court sits in Delhi. It can, however, meet in any other place or places as the Chief Justice may, with the approval of the President.”

11.161 The Committee, therefore, reiterated the need for establishment of benches of the Supreme Court as it would be of immense help to the poor who cannot afford to travel from their native places to Delhi.

11.162 The Committee appreciated that the Ministry has replied in affirmative and forwarded the abovementioned Committee's recommendations to the Supreme Court Registry for necessary action. The Committee hoped that the Supreme Court Registry would positively take decisions in this regard.

11.163 The Committee was pleased to note that the Department is in agreement with the Committee's recommendation regarding enabling the Supreme Court and High Courts to generate Revenue themselves which can also be utilized by the Subordinate Judiciary. The Committee would, however, appreciated if the Department pursues the matter with the Department of Expenditure, Ministry of Finance and the State Governments to consider the matter expeditiously. The Committee may be apprised their feedback accordingly.

11.164 The Committee expressed its serious concerns over the huge pendency of cases in judiciary. Taking into account the reasons cited by the Registrar, Supreme Court in this regard, the Committee felt that the problem is not being addressed seriously and wholehearted efforts are yet to be made to deal with the problem. The Committee was of the view that both Executive and Judiciary should work in tandem to deal with the adversities arising out of mounting pendency. As far as the need of more judges is concerned, the Committee reiterated its earlier recommendation that the vacancies of judges in the High Court should be expeditiously filled up. The Government should vigorously pursue the matter with the Chief Justice of the High Courts for necessary actions.

(d) 40th Report

The Personal Laws (Amendment) Bill, 2010.

11.165 Therefore, the Committee was of the considered opined that this Bill is an important legislation introduced for strengthening women's rights. It felt that women have been deprived of equal rights especially in the area of personal law, even though, Constitutionally women are bestowed with equal rights. It was also of the view that with the emancipation of women in all fields and women attaining a great deal of financial independence, it was high time that women are given equal rights in the public as well as personal domain. The Committee strongly felt that personal laws cannot be excluded from the principles of gender equality and gender justice.

11.166 The Committee was of the considered view that the mother should also be placed on an equal footing with the father in this regard i.e., in the right of guardianship.

11.167 The Committee noted that the proposed amendment will rectify this anomaly.

11.168 The Committee was of the strong view that the existing provision incapacitates a married woman from taking in adoption merely on the basis of her marital status, by rendering her right of adoption highly limited. She cannot exercise her right to take in adoption, even with the consent of her husband.

11.169 The Committee felt that the proposed amendment will give the married Hindu woman the same legal capacity as that of the man, to take in adoption.

11.170 The Committee felt that the proposed amendment will negate the discriminatory nature of the existing provision, by giving the right to give in adoption to the mother, on the same terms as the father.

(e) 41st Report

Action Taken Replies of the Government on the recommendations/observations contained in the 23rd Report of the Committee on "Government’s Policy of Appointment on Compassionate Ground".

11.171 The Committee appreciated that the Government has agreed upon to revise the scheme of Compassionate appointment as per the abovementioned two pronged policy. Also, the Committee took into account the need of giving autonomy to CPSE's to frame their own policies vis-a-vis Compassionate appointments/ payment of ex-gratia amount to the family of deceased employee in accordance with their commercial requirements. However, the Committee felt that the Chennai Petroleum Corporation Ltd.'s policy of providing compensation package to the family of a deceased employee presently is a model to be followed. Thus, the possibilities of replicating this model may be explored in other PSUs as well.

11.172 The Committee acknowledged the need of providing functional and financial autonomy to the PSEs in the era of economic liberalization. However, the Committee would like to draw the attention of the Department to the fact that despite adopting the path of economic liberalization, our nation still has a strong faith in the philosophy of Welfare State, thereby endeavoring to provide the required social security net for the people belonging to the lower income group. The policy of appointment on compassionate ground for group 'C' and 'D' employees is one of such measures. Needless to say, this group of Government employees generally belongs to the lower income group of the society. What the Committee favored in this regard is a balancing act to fulfill the obligations of economic liberalization as well as the commitments of a Welfare State.

11.173 Thus despite being in agreement with the logic of functional and financial autonomy to the PSEs, the Committee finds that existing anomalies in such organizations regarding the Policy of Appointment on the Compassionate Grounds need to be monitored at various level, if any. To this end, the Committee reiterated that the Department has been entrusted to oversee the implementation of the Policy of Appointment on the Compassionate Ground in various Departments and PSUs.

11.174 Though the Committee did not negate the fact that there is shortage of Government accommodations, this argument can not be considered sufficiently tenable if it supports the act of throwing the family of a deceased employee out of the Government accommodation to address the prevailing shortfall.

11.175 The Committee found it was righteous that the bereaved families of a deceased employee need extra attention and care. If there was shortage of Government accommodations the concerned Department may explore other ways to meet the challenge.

Throwing the family of a deceased employee out of the Government accommodation is not the only left solution. However, the Committee did not advocate the facility to be applied uniformly, an objective criterion to identify the deserving candidates may be preferred in this regard.

11.176 The Committee was constrained to know that the Department was not ready to accept the responsibility of monitoring the implementation of the Policy of Appointment on Compassionate Ground in various Ministries /Departments. Further, the Committee finds that merely collecting the information in an ad-hoc manner regarding the Status of Compassionate Appointment in the Ministries/Departments would not provide for an effective check thereon in this regard. Besides, if the Department felt that the guidelines issued on this subject are too myriad to be effectively monitored then why the efforts should not be made to evolve common standards binding on various Ministries/Department/organizations regarding the Policy of Appointment on Compassionate Ground.

11.177 The Committee felt that policy challenges in this regard may be genuine but not insurmountable if the efforts are continued in the right direction. Besides, the Committee observed that information provided by the Department is not updated and covers the period only till 31st March, 2007, therefore not much helpful in deriving a concrete conclusion regarding the subject in the present scenario.

11.178 However, on the basis of information provided by the Ministry the Committee found that the main reason behind the pendency regarding Compassionate Appointment cases is the non-availability of vacancies under Compassionate Appointment Quota that is only five percent of the regular vacancies. In this regard the Committee felts that it would be difficult to reduce the existing pendency as the regular vacancies meant for the purpose are too less in numbers. The Committee, therefore, opined that special drives to reduce the existing pendency may be initiated by the respective Ministries/Departments.

11.179 The Committee appreciated that a circular regarding creation of separate cells in each Departments/Ministries is being issued by the Government on the lines of recommendations of the Committee. In fact, the raison d'être behind this recommendation was to ensure the specific attention of the respective Departments towards the issue of appointment on compassionate ground. The Committee, therefore, felt that apart from issuing circulars there was need to continuously prod the Ministries/ Department into ensuring their specific attention on the abovementioned subject. In this context the Committee would like to be apprised of the feed-back of the Departments/Ministries over the issue of creation of the separate cell to cater to the cases of compassionate appointment cases.

(f) 42nd Report

Action Taken Replies of the Government on the recommendations/observations contained in the 30th Report of the Committee on "Constraints Being Faced by Kendriya Bhandar".

11.180 The Committee appreciated that Ministry of Urban Development has agreed to allow Kendriya Bhandar to continue functioning from their existing outlets. However, the Committee would like the Ministry of Personnel, Public Grievances & Pensions to assess whether it was financially feasible for Kendriya Bhandar to make payment of rent to Ministry of Urban Development as per market rate. Accordingly, the Committee would appreciated that the Kendriya Bhandar is not levied Market rent, but is charged license fee at flat rate so that the institution which was not functioning on a commercial basis and is serving the social cause as well was not financially overburdened to a breaking point.

11.181 The Committee was pleased to note that the Department of Personnel and Training has taken adequate steps to promote and popularize the services being provided by the Kendriya Bhandar. The Committee desired the Department to continue to explore other innovative steps/measures to preserve and promote the Kendriya Bhandar. The Committee would like the Department to pursue seriously with the Ministry of Urban Development in the matter of allotment of the land for corporate office of Kendriya Bhandar and it may be apprised of the developments/outcome thereof.

11.182 The Committee noted with satisfaction that the Kendriya Bhandar has been allowed to continue in their existing outlets. The Committee, however, had its apprehensions on the charge of market rent for the accommodation by the Government. The Committee felt that the charge of Market rent for accommodation might affect adversely the financial viability of Kendriya Bhandar which is not functioning on commercial basis. Therefore, the Committee would appreciate that till the Kendriya Bhandar moves into independent outlets on the line of the 'Mother Dairy' they may be charged a monthly license fee at the rate as recommended by it.

11.183 The Committee appreciated that the Ministry of Urban Development is in agreement with the recommendation of the Committee. The Committee impressed upon the DoPT to actively pursue with that Ministry so as to expedite the process of identification of suitable lands for setting up the outlets of Kendriya Bhandar in Government residential areas and also decide a time bound schedule for the construction of required infrastructure after land is allotted to them. The Committee desired to be informed of the progress of action in this regard.

11.184 The Committee appreciated the measures taken by the Ministry to popularize and promote the services provided by the Kendriya Bhandar. The Committee, however, hoped that the Ministry would continue with their efforts to see that the Kendriya Bhandar expands and grows further so that more and more people are able to avail of the services being provided by it. The Committee appreciated the new role assumed by the Kendriya Bhandar in joining hands with the State Government in the

implementation of its welfare programmes in the consumer sector. The Committee, therefore, recommended that the Kendriya Bhandar needs to be protected and promoted by Government.

11.185 The Committee took note of the reply and hoped that the Ministry would be taking up the restoration of the surrendered accommodation or any alternative accommodation in lieu thereof with the Ministry of Urban Development at an appropriate time to strengthen the Kendriya Bhandar.

11.186 The Committee was pleased to note that the Ministry of Urban Development has agreed to allow Kendriya Bhandar to continue functioning from their existing outlets on payments of market rate. The Committee also took note of the plea of the Ministry of Urban Development that market rent as fixed by the Directorate of Estate is 5 to 6 times lower than the actual market rent which Kendriya Bhandar may easily pay at prescribed rate without compromising with its other expenditures. However, the intriguing question is whether Kendriya Bhandar is capable to bear the financial burden caused by the decision of Ministry of Urban Development in this regard. The Committee desired that the Ministry of Urban Development should review their decision of charging market rent from the Kendriya Bhandar.

11.187 The Committee took note of the reply furnished by the Ministry of Urban development. Though the Committee understood that temporarily there may be non-availability of land for the office of Kendriya Bhandar, it does not mean that no land can be arranged for the purpose in future. Possibilities of allotment of land in this regard may therefore be explored in future. The Committee impressed upon the Ministry of Personnel, Public Grievances & Pensions to pursue with the Ministry of Urban Development so that whenever there is availability of suitable land, it should be allotted to Kendriya Bhandar for the construction of their office. Further, the Committee also had reservations over the charging of market rent from the Kendriya Bhandar for their office accommodation as such heavy charges may seriously affect the institutions' viability and continuance, which is functioning with a service motto and not for profit or commercial gains.

(g) 43rd Report

Action Taken Replies of the Government on the recommendations/observations contained in the 38th Report of the Committee on Demands for Grants (2010-11) of the Ministry of Personnel, Public Grievances and Pensions.

11.188 The Committee took note of the reply. The Committee, however, desired to be apprised of the outcome of these initiatives.

11.189 The Committee took note of the reply. The Committee desired that the recommendations should be implemented at the earliest.

11.190 The Committee desired that the Ministry should keep track of the follow up action done by other Ministries and apprise the Committee of the same.

11.191 The Committee desired to be apprised of the action taken in this regard.

11.192 The Committee took note of the reply. The Committee impressed upon the Ministry to take up with the respective State Governments to ensure that model calendar is adhered to. The Committee was very keen to know the progress on the issue of promotion of officers from State Civil Services and a status report be sent to the Committee.

11.193 The Committee has made specific recommendations in this regard in its 42nd Report on Action Taken Replies of the Government on the recommendations/observations contained in the 30th Report of the Committee on "Constraints Being Faced By Kendriya Bhandar".

11.194 The Committee took note of the assurance given by the Ministry.

11.195 The Committee took note of the replies furnished by the Ministry to the recommendations of the Committee made in para nos. 27.4, 27.5, 27.6, 27.7 and 27.9 of the 38th Report. The Committee, in its various Reports on Demands for Grants of the Ministry of Personnel, Public Grievances and Pensions, its 24th Report on "Working of Central Bureau of Investigation" and its 37th Report on the Action Taken Replies of the Government on the recommendations/observations contained in the 24th Report on "Working of Central Bureau of Investigation (CBI)", categorically recommended that it is high time the DSPE Act, 1946 is replaced with an exclusive and separate Act for CBI. Moreover the deposition of the Director, CBI before the Committee during his presentation before the Committee on Demands for Grants (2010-11) of his organization, was on the same lines. The Committee could also gather that CBI has sent a proposal regarding independent legislation, to Department of Personnel and Training.

11.196 The Committee reiterated its considered view that the DSPE Act which was enacted in 1946 is not adequate to meet the requirements of the premier investigating agency in India, which over the period of more than six decades after the DSPE Act, has undergone dynamic evolution and whose mandate and quantum of work entrusted, have multiplied vigorously. The Committee strongly felt that it is illogical that CBI, which is presently investigating hi-tech and complex cases in tune with the requirements of the modern era, is supported by an archaic statute such as DSPE Act.

11.197 The Committee was of the firm view that the Ministry should give the proposal received from CBI regarding independent legislation, urgent and active consideration on a time bound basis. The Committee, further, impressed upon the Ministry to furnish the steps taken in this regard in their ATN.

11.198 The Committee desired to be apprised of the details of the justification made by the attached offices of the Ministry, the RE stage, for additional requirement of funds on non-plan side and the comments of the Ministry on the same.

11.199 The Committee took note of the reply. The Committee was not satisfied with the outcome of the Drive. The Committee gathered that Special Recruitment Drives were not successful as is evident from the number of backlog vacancies which are yet to be filled. The reply given by the Ministry however does not provide the reasons why these drives were not successful and how the backlog vacancies will be filled up. Moreover, the information provided was as in November 2009. The Committee desired to know the progress made so far and therefore directs the Ministry to apprise the same. The Committee strongly felt that the Ministry should find out ways in addition to Special Drives to cover the backlog. As the Committee was also examining this subject separately, it reserved its comments in the matter. The Committee further desired that the Ministries/Departments which have not responded to the Drive should be persuaded to comply with the same.

11.200 The Committee was unhappy to noted that the data furnished by the Ministry is of November 2008. It desires that the Ministry should furnish the updated data in the ATN. The Committee recommended that the Ministry should identify the reasons for the lower percentage of success of the Special Recruitment Drive and come out with concrete steps to enhance the outcome. The Ministry of Personnel should also persuade other Ministries/Departments which have not yet responded to the Drive, to comply with the initiative.

11.201 The Committee recommended that the Ministry should ensure that wide publicity is given to the Special Recruitment Drives in regional and local newspapers also. As regards the recommendation of this Committee recommended that capacity building steps should be envisaged for candidates belonging to reserved categories, the Committee was disappointed to note that the Ministry has not furnished the details of the follow up action taken, if any.

11.202 The Committee observed that the Ministry is not categorical while replying to this recommendation. The Committee should have been informed of the steps taken so far and also the outcome thereof, if any. It would also have been appropriate for the Ministry to have furnished the details of action plan prepared by them in this regard, along with the targets to be achieved. The Committee, therefore, impressed upon the Ministry to furnish the above information for consideration of the Committee.

11.203 The Committee took note of the action taken by the Ministry with respect to recommendations made by the Committee in paras 27.11 and 27.12. The Committee hoped that the steps taken by the Ministry will address the problem of shortage of officers / staff in the CBI. The Committee desired to be apprised of the exact figures and details of the vacancies which have been filled up as a result of these steps, in the ATN. Further, the Committee desired that the Department of Personnel and Training, UPSC and CBI should interact and work in a synchronized manner on a regular basis in order to monitor the effectiveness of the steps and make modifications wherever necessary, without further delay.

11.204 The Committee noted that the reply furnished by the Ministry is not specific with regard to the recommendation of the Committee that separate allocation should be made for upgradation of technology in CBI. The Committee desired to be apprised of the specific action taken in this regard.

11.205 The Committee felt that the reply furnished by the Ministry in this regard is not satisfactory. The Committee was constrained to note that the Ministry has not furnished the details of the steps taken in order to ensure that the allotted funds are utilized optimally. The Committee would like to know the steps taken in this regard and the outcome thereof.

11.206 The Committee in its earlier Reports, had repeatedly recommended that a separate head should be made for investigation and prosecution expenses. The Committee was not satisfied with the reply given by the Ministry in this regard. The Committee strongly felt that adequate funds should be granted for investigation and prosecution since these are the two heads which are of primary importance in the functioning of CBI. The Committee desired that the Ministry, in its ATN, should furnish the action taken in pursuance of the Committee’s recommendation.

11.207 The Committee took note of the reply furnished by the Ministry. The Committee agreed that deputationists bring in varied experience with them; but the fact cannot be overlooked that when they are absorbed in the organization, it adversely affects the promotional avenues of direct CBI officers, who have rendered long service to the organization and this in turn, adversely affects their morale. The thrust of Committee’s recommendation was on less dependency on deputation. The Committee strongly felt that ratio between deputationist and departmental officer needs to be in favour of latter. The Committee took note of diversion of 77 posts of Dy. SP to promotion quota as a one time measure. The Committee considered this an half hearted effort just to expedite filling up the vacant posts. The Committee desired that such posts be earmarked for departmental candidates so as not only to reduce/avoid the vacancies under deputationist quota; but also to boost the morale of CBI officers from within the organization.

11.208 The Committee noted that the issue of creation of an independent Directorate of Prosecution is under examination of the Government. The Committee recommended that this matter should be given positive consideration on priority basis and that the Committee should be apprised of the action taken in this regard, in the ATN.

11.209 The Committee took note of the steps taken by the Ministry to reduce pendency of cases in CAT. It desires to be apprised of the outcome of these steps, in the ATN.

11.210 The Committee took note of the reply furnished by the Ministry in regard to paras 30.1 and 30.2. The Committee notes that the Ministry has not specified the steps taken/initiatives made in this regard. The Committee was of the view that the Civil Services Officers form the backbone of administration and, therefore, they should be sensitized towards the problems faced by the common man. The Committee recommended that the Ministry should give this aspect a proper thought and action. The Committee would like to know the specific steps taken by the Ministry in this regard, in the ATN.

11.211 The Committee was concerned about the vacancies and desires that they should be filled up at the earliest. The Ministry should reappraise the Cabinet Secretariat and PMO in the matter, if possible.

11.212 The Committee desired to be apprised of the outcome of the steps taken in this regard.

(h) 44th Report

The Constitution (One Hundred and Fourteenth Amendment) Bill, 2010.

11.213 Taking into account the justifications given by the Secretary, Department of Justice, and the statement of objects and reasons appended to the Bill, the Committee supported the proposal for increase in the retirement age of the Judges of the High Courts from sixty-two years to sixty-five years and to be at par with the retirement age of the Judges of the Supreme Court. The Committee also acknowledged that the Bill has been brought forth in pursuance of the recommendations made by the Committee in its earlier Reports.

11.214 The Committee endorsed the Department's view that the rationale of the Fifth Central Pay Commission's recommendation for increasing the age of retirement of Central Government employees such as global practices, increase in life expectancy, improved health standards, need for utilization of experience and wisdom of senior employees, etc. applies to the judges also. A general increase in the expectancy of life also supports the proposal to increase the age of retirement of the High Court Judges.

11.215 In this backdrop, when the procedures for appointment of judges have not been successful enough in timely filling-up of the vacancies, the Committee acknowledged that the proposed amendment would provide the much needed relief as enhancement of the age of retirement of High Court Judges would at-least check further increase in the number of vacancies. The Committee, however, did not see the enhancement of age of retirement as a solution to delayed appointment of High Court Judges. The Committee, accordingly, recommended that the process of filling up of the existing vacancies may be expedited by all means.

11.216 The Committee, therefore, was of the view that Government should seriously explore all the possible ways to overcome the infrastructural-bottlenecks being faced by the High Court so that the High Courts could function as per their sanctioned strength and the problem of mounting pendency could be effectively dealt with.

11.217 The Committee further felt that the retirement of judges of High Court and Supreme Court coming at par, there would be less competition among the high court judges for getting elevated to the Supreme Court which presently means three years’ additional service. This would also ensure a fairly reasonable tenure to the High Court Judges during which they could make some valuable contribution in the dispensation of justice.

11.218 The Committee took a serious note of the concerns expressed by the witnesses. Integrity, honesty and output of the Judges are issues that need to be addressed by Government with all seriousness. The appointment and continuance of the judges is regulated under the Constitution, but there is an urgent need on the part of the Government to review the procedure for appointment of the judges in the higher judiciary and also to put in place some mechanism so as to optimize the output in their performance. Towards this objective, Government may consider creation of a National Judicial Commission having representation from the judiciary, executive, Bar and the Parliament. The Committee hoped that Government would take urgent steps in this direction. The concerns of the people that the proposed action might extend benefit in terms of extended years of service in certain non deserving cases too are appreciated, but , in the Committee's view, the solution to this lies in putting in place a well considered mechanism to see that the judiciary rises above from such allegations and the public perception changes.

11.219 The Committee, however, felt that it may not be possible to implement the proposed amendment on a selective basis, such as allowing the benefit of increased age only to the meritorious/ deserving because that is not the practice at present in the Government. Further, Article 224 of the Constitution already provides for appointment of additional judges up to two years. The Committee, therefore, was of the view that whatever be the age of retirement for the Judges, Article 224 of the Constitution can be utilized for obtaining the benefits of the experience and wisdom of meritorious and competent judges for up to two more years, if required.

11.220 The Committee reiterated that issues like, replacing the present judiciary driven system of appointment of judges to a rational, transparent and accountable method, dealing with the errant judges, etc. need to be addressed as soon as possible in a comprehensive manner. The Committee, therefore, felt that it would be much prudent to examine all these issues independently.

Mixing of these issues with the proposed Bill and drawing conclusions is not desirable as the proposed Bill is on a different subject-matter and with a different objective, per se.

11.221 The Committee, therefore, endorsed the proposed Bill in its present form and suggested that the Bill should be passed without delay because delaying it further would defeat the very cause that necessitates its introduction. VII. Secretariat 11.222 The Committee Section (Personnel and Public Grievances) consists of one Assistant Director, one Committee Officer, one Senior Assistant, two Assistants, one Junior Clerk and supervised by one Joint Director, one Director and Joint Secretary remained incharge of the Section constituted the Secretariat of the Committee.

11.223 The work relating to drafting, consideration and adoption of eight draft Reports by the Committee along with their presentation / laying in both the Houses of Parliament and distribution was undertaken.

11.224 The Section also studied materials such as Parliamentary Debates, answers to Parliament Questions, Budget Documents, Five Year Plan Documents, Appropriation Accounts (Civil), CAG Reports on accounts of the Union Government (Civil), Books, Journals, Newspapers etc. relevant to the subjects/Bills under examination of the Committee. The Section also made use of the materials provided by the concerned Departments/Ministries within the purview of the Committee and related information downloaded from various websites.

ANNEXURE - XII (See Para 11.7)

Details of the Meetings of the Committee on Personnel and Law held during 2010:-

Sl. No.

Date of Meeting

Time Duration Hr. Mts.

Subject

1 2 3 4 1. 11.01.2010 0.55 Presentation by the Secretary, Ministry of Environment and

Forests on the subject:- (i) Stagnation in Promotions; and (ii) Backlog of Reserved Vacancies of SCs, STs, OBCs

and Physically Handicapped in the Ministry. 2. 20.01.2010 0.59 (1) Obituary reference to the demise of veteran political

leader Shri Jyoti Basu. (2) Presentation by the Chairman, Railway Board and

Secretary, Ministry of Railways on:- (i) Stagnation in Promotions; and (ii) Backlog of Reserved Vacancies of SCs, STs,

OBCs and Physically Handicapped in the Ministry.

3. 10.02.2010 1. 20 Presentations by the (1) Secretary, Department of Agriculture and Cooperation; (2) Secretary, Department of Agriculture Research and Education; and (3) Secretary, Department of Animal Husbandry and Dairying, Ministry of Agriculture on the subjects:-

(i) Stagnation in Promotions; and (ii) Backlog of Reserved Vacancies of SCs, STs,

OBCs and Physically Handicapped. 4. 3.03.2010 1. 33. (1) Presentation by the Secretary, Department of Justice on

the subject “Infrastructure Development and Strengthening of the Subordinate Courts in the Country".

(2) Consideration and adoption of the draft 37th Report of the Committee on Action Taken Replies of the Government on the recommendations/ observations contained in the 24th Report on “Working of Central Bureau of Investigation (CBI)”.

5. 30.03.2010 3. 55 (1) Presentation on Demands for Grants (2010-11) by:- (i) Director, (CBI); (ii) Chairman, SSC; (iii) Secretary, CVC; (iv) Director, LBSNAA, Mussoorie; and (v) Chairperson, Kendriya Bhandar.

(2) Presentation on Demands for Grants (2010-11) by:- (i) Secretary, Department of Personnel & Training; (ii) Secretary, Department of Administrative

Reforms & Public Grievances; and Secretary, Department of Pensions & Pensioners’ Welfare.

6. 31.03.2010 4. 43 (1) Presentation on Demands for Grants (2010-2011) by:- (i) Secretary, Election Commission of India; (ii) Registrar, Supreme Court; (iii) Director, National Judicial Academy;

1 2 3 4 (iv) Member Secretary, NALSA;

(v) Secretary General, ICADR; (vi) Director, ICPS; (vii) Secretary, BCI; and (viii) Director, ILI.

(2) Presentation on Demands for Grants (2010-11) by:- (i) Secretary, Department of Legal Affairs; (ii) Secretary, Legislative Department; and

(iii) Secretary, Department of Justice. 7. 27.04.2010 0.26 Consideration and adoption of the following draft Reports:-

(i) Draft 38th Report on the Demands for Grants (2010-11) of the Ministry of Personnel Public Grievances and Pensions; and

(ii) Draft 39th Report on the Demands for Grants (2010-11) of the Ministry of Law and Justice.

8. 6.05.2010 0.42 (1) Presentation by the Secretary, Legislative Department on The Personal Laws (Amendment) Bill, 2010; and

(2) Consideration of the memorandum on the subject “Electoral Reforms”.

9. 29.07.2010 0.40 (1) Obituary reference to the sad demise of Shri Virendra Bhatia, former Member of the Committee.

(2) Consideration and adoption of :- (i) draft 40th Report on The Personal Laws

(Amendment) Bill, 2010; and (ii) draft 41st Report on Action Taken Replies of the

Government on the recommendations/ observations contained in the 23rd Report of the Committee on “Government’s Policy of Appointment on Compassionate Ground”.

10. 17.09.2010 1.00 Presentation of the Secretary, Legislative Department on The Marriage Laws (Amendment) Bill, 2010.

11. 28.09.2010 0.41 Oral evidence of the Secretary, Ministry of Women and Child Development on The Marriage Laws (Amendment) Bill, 2010.

12. 29.09.2010 1. 30 (1) Presentation by the Secretary, Department of Personnel and Training on The Public Interest Disclosure And Protection to Persons Making The Disclosures Bill, 2010.

(2) Presentation by the Secretary, Department of Justice on: (i) The Constitution (One Hundred and Fourteenth

Amendment) Bill, 2010; and (ii) “Appointment of Judges in Higher Judiciary”.

1 2 3 4 13. 11.11.2010 1. 27 Oral evidence of the Chairperson, National Commission for

Women and the representatives of women’s organizations/experts/individuals on The Marriage Laws (Amendment), Bill, 2010.

14. 16.11.2010 1. 44 Oral evidence of representatives of women’s organizations/experts/individuals on The Marriage Laws (Amendment) Bill, 2010;

15. 7.12.2010 0.20 Consideration and adoption of draft 44th Report on The Constitution (One Hundred and Fourteenth Amendment) Bill, 2010.

CHAPTER-XII

COMMITTEE ON SCIENCE AND TECHNOLOGY, ENVIRONMENT AND FORESTS




1. Dr. T. Subbarami Reddy –– Chairman

RAJYA SABHA 2. **Shri Rama Chandra Khuntia

3. Shri Anil H. Lad 4. Shri Rajiv Pratap Rudy 5. Shri Bhagirathi Majhi 6. Shri Saman Pathak 7. Prof. Ram Gopal Yadav 8. Dr. Ejaz Ali 9. Shri Jabir Husain

10. Dr. Barun Mukherji

LOK SABHA 11. Dr. Mirza Mehboob Beg 12. Shri Udayanraje Bhonsale 13. Shri Ninong Ering 14. Shri A. Ganeshamurthi 15. Shri D.V. Sadananda Gowda 16. Shrimati Kaisar Jahan 17. Dr. Charan Das Mahant 18. Shri Jayaram Pangi 19. Shri C. R. Patil 20. Shrimati Kamla Devi Patle 21. Shri Gajendra Singh Rajukhedi 22. Shri S.S. Ramasubbu 23. Shri Francisco Sardinha

24. #Shri Yashwant Sinha 25. Dr. Rajan Sushant 26. Shri Pradeep Tamta 27. Shri Bibhu Prasad Tarai 28. Shri Mansukhbhai D. Vasava 29. Prof. Ranjan Prasad Yadav

30. ∗ Shri Akhilesh Yadav 31. @ Shri K.C. Singh Baba




** Nominated w.e.f. 31st December, 2009

# Nominated w.e. f. 9th November, 2009 ∗ Nominated w.e.f. 14th October, 2009

@ Nominated w.e.f. 11th January, 2010

1. Dr. T. Subbarami Reddy –– Chairman

RAJYA SABHA

2. Shir Janardan Dwivedi

3. Shri Anil H. Lad

4. Shri Rajiv Pratap Rudy

5. Dr. Chandan Mitra

6. Shri Saman Pathak

7. *Shri Paul Manoj Pandian

8. *Shri Jabir Husain

9. *Dr. Barun Mukherji

10. *Prof. M.S. Swaminathan

LOK SABHA

11. Shri K.C. Singh Baba

12. Dr. Mirza Mehboob Beg

13. Shri Udayanraje Bhonsale

14. Shri P.C. Chacko

15. Shri Ninong Ering

16. Shri A. Ganeshamurthi

17. Shri D.V. Sadananda Gowda

18. Shrimati Kaisar Jahan

19. Dr. Charan Das Mahant

20. Shri Arjun Ram Meghwal

21. Shri Jayaram Pangi

22. Shri Gajendra Singh Rajukhedi

23. Shri S.S. Ramasubbu

24. Shri Francisco Sardinha

25. Shri Balakrishna K. Shukla

26. Dr. Rajan Sushant

27. Shri Pradeep Tamta

28. Shri Bibhu Prasad Tarai

29. Shri Mansukhbhai D. Vasava

30. Shri Akhilesh Yadav

31. Prof. Ranjan Prasad Yadav

II. Subject selected for examination 12.3 The Committee deliberated on the various aspects of the functioning of the different Ministries/Departments under its purview and at its meeting held on 30th September, 2010 selected the subject matter pertaining to "Ganga Action Plan and Pollution in the other major rivers of the country" for consideration. III. Constitution of Sub-Committees

12.4 During 2010, no Sub-Committee was constituted.

_______________________________________________ * Nominated w.e.f. 21st September, 2010

IV. Status of Work Done (a) Sittings of the Committee 12.5 During the year 2010, the Committee held 34 sittings lasting for 88 Hours and 48 minutes. A Statement showing the dates of sittings of the Committee held, the duration of the sittings and the subjects discussed are given in Annexure-XIII. (b) Study Visits 12.6 The Committee undertook one study visit during the year 2010, the details of which are given in the following table: –– ____________________________________________________________________________________

Sl.

No.

Dates of

Visits

Place Visited In Connection With (Subjects)

1 2 3 4

1. 5th to 8th

July, 2010

Mumbai, Chennai and Tirupati To examine the working of Tarapur Atomic Power Stations (TAPS) at Mumbai, Indira Gandhi Centre for Atomic Research (IGCAR), Kalpakkam, Madras Atomic Power Station (MAPS) and Fast Breeder Test Reactor/Nuclear Desalination Plant at Chennai and National Atmospheric Research Laboratory (NARL) at Tirupati falling within the administrative control of Department of Atomic Energy.

V. Reports Presented 12.7 During 2010, the Committee presented the following seventeen reports to the House:— ____________________________________________________________________________________

Sl

No.

Report No. Date of Presentation Subject

1 2 3 4

1.

204th 22.04.10 Demands For Grants (2010-2011) of the Ministry of Earth Sciences (Demand No. 29)

2.

205th 22.04.10 Demands For Grants (2010-2011) of the Department of Bio-technology (Ministry of Science and Technology)(Demand No. 86)

3.

206th 22.04.10 Demands for Grants (2010-2011) of the Department of Space (Demand No. 89)

4.

207th 23.04.10 Demands for Grants (2010-2011) of the Department of Atomic Energy (Demand No. 4&5)

5.

208th 23.04.10 Demands for Grants (2010-2011) of the Department of Scientific and Industrial Research (Ministry of Science & Technology) (Demand No. 85)

6 209th 23.04.10 Demands for Grants (2010-2011) of the

. Department of Science & Technology (Ministry Science & Technology) (Demand No. 84)

7.

210th 30.04.10 Demands for Grants (2010-2011) of the Ministry of Environment & Forests (Demand No. 30)

2 3 4

8.

211th 02.08.10 The Protection and Utilisation of Public Funded Intellectual Property Bill, 2008

9.

212th 18.08.10 The Civil Liability for Nuclear Damage Bill, 2010

10.

213th 13.12.10 Action Taken by the Government on the Recommendations contained in the Two Hundred fourth Report of the Department-related Parliamentary Standing Committee on Science and Technology, Environment & Forests on the Demands for Grants (2010-2011) of the Ministry of Earth Sciences

11.

214th 13.12.10 Action Taken by the Government on the Recommendations contained in the Two Hundred fifth Report of the Department-related Parliamentary Standing Committee on Science And Technology, Environment & Forests on the Demands for Grants (2010-2011) of the Department of Bio-technology

12.

215th 13.12.10 Action Taken by the Government on the Recommendations contained in the Two Hundred sixth Report of the Department-related Parliamentary Standing Committee on Science And Technology, Environment & Forests on the Demands for Grants (2010-2011) of the Department of Space

13.

216th 13.12.10 Action Taken by the Government on the Recommendations contained in the Two Hundred seventh Report of the Department-related Parliamentary Standing Committee on Science and Technology, Environment & Forests on the Demands for Grants (2010-2011) of the Department of Atomic Energy

14.

217th 13.12.10 Action Taken by the Government on the Recommendations contained in the Two Hundred eighth Report of the Department-related Parliamentary Standing Committee on Science and Technology, Environment & Forests on the Demands for Grants (2010-

2011) of the Department of Scientific and Industrial Research

15.

218th 13.12.10 Action Taken by the Government on the Recommendations contained in the Two Hundred Ninth Report of the Department-related Parliamentary Standing Committee on Science and Technology, Environment & Forests on the Demands for Grants (2010-2011) of the Department of Science & Technology

1 2 3 4

16.

219th

13.12.10

Action Taken by the Government on the Recommendations contained in the Two Hundred tenth Report of the Department-related Parliamentary Standing Committee on Science and Technology, Environment & Forests on the Demands for Grants (2010-2011) of the Ministry of Environment & Forests

17.

220th 13.12.10 The Academy of Scientific and Innovative Research Bill, 2010

___________________________________________________________________________________ VI. Minutes 12.8 Minutes of meetings of the Committee on Science & Technology, Environment & Forests were prepared and presented to the House along with the relevant Reports. VII. Summary of Recommendations (a) 204th Report Polymetallic Nodules Programme 12.9 The Committee was of the view that the greatest unexploited mineral resources on the earth were on the deep sea floor including manganese nodule, cobalt rich manganese crusts containing nickel, copper and hydrothermal deposits that contain copper, lead, zinc, gold and silver. Since India was endowed with a vast Exclusive Economic Zone of about 2.02 million sq. km., the Committee felt that the Ministry should approach its projects related to identification and exploitation of ocean resources in a well focused manner to meet the requirements of minerals and make concerted efforts towards developing technology for sufficient metal recovery from the polymetallic nodules and tapping rich resources from ocean since the country needed large scale mineral resources for its industrial growth. India Meteorological Department 12.10 The Committee was of the view that the initiatives being taken by the Ministry to improve the accuracy of weather forecast were welcome steps. The Committee however recommended that all the processes and steps as indicated by the Ministry must be put in proper place as soon as possible and preferably before the onset of the coming monsoon so that predications could be more and more accurate and precautionary measures to deal with flood like situation could be taken in advance. It also recommended that besides making consistent efforts towards achieving accuracy of monsoon forecast, it was also imperative to disseminate the prediction to the remote and far flung areas of the country so that it reached the poor and marginal farmers also. The Committee also recommended that the Ministry must ensure that year that the funds allocated for modernization of India Meteorological Department must be fully utilized.

Doppler Weather Radars 12.11 The Committee observed that the Ministry's contention that radars were imported because of its requirement being very high did not hold good on two grounds. Firstly, because the imported radars were yet to be installed and secondly because there was delay in shipment of Doppler Weather Radar during 2008-09. As such, the Committee found that the sense of urgency shown in import of radars got defeated. The Committee felt that instead of deciding to import radars from China, the Ministry should have persuaded BEL to manufacture more radars as it had rightly done later on. The Committee therefore, recommended that the Ministry should try its best to make use of indigenous technology as it gave fillip to Indian industry and generate employment opportunities. (b) 205th Report Budgetary Allocations for the Year 2010-2011 12.12 The Committee expressed its dismay over the fact that despite the track record of utilization being as high as 98.55 per cent, 90.15 per cent and 99.82 per cent during the last three years respectively, the Department had to face mandatory cut of 10 per cent of B.E. under most of the programmes. The Committee was of the view that such routine cuts should not be effected in scientific Departments as it adversely affected not only research and development, but also scientific and technical advancement of the nation. The Committee, therefore, recommended that the Department of Biotechnology should be exempted from such routine cuts and the entire allocation as requested by the Department for the year 2010-11 at B.E. stage should be released at the R.E. level also. The Committee also recommended that the Department should vigorously take up this matter with the Planning Commission so as to ensure that no routine reduction was resorted to at the R.E. level. Human Resource Development 12.13 The Committee felt that quality human resource forms the backbone of research activities in a country and as such the Department needed to accord greater priority to lapping, nurturing and involving talented students in scientific pursuits. The Committee was of the opinion that the Department must play a pro-active role in this regard. The Committee appreciated the efforts being made by the Department in creating capable human resource in the biotechnology sector and extending support to students at the college level through fellowships, short term training courses, providing industrial training to B.Tech./M.Sc./M.Tech biotechnology students and hopes that such schemes would be encouraged and expanded to universities/colleges in all the states, however, it recommended that this programme should be further intensified and strengthened and more funds should be earmarked for this prgramme. Research and Development 12.14 The Committee appreciated the Department in taking initiatives towards promotion of new R&D projects across various streams of Bio-technology. The Committee was also of the opinion that the economy of our country was basically based on agriculture and for the development of the country and for providing food security to the masses, agricultural yields had to be increased many folds. The Committee therefore recommended that the Department should concentrate its R&D activities on Agriculture Bio-technology to develop new variety of higher yielding, pest and disease resistant crops. The Committee also recommended that the Department should engage itself in exploring the possibilities for the use of barren and desert land for agricultural or horticultural purposes with the help of bio-technology, as this would help bring vast unutilised tracts of land under productive cultivation in the country and also prevent desertification of the productive land in the country. (c) 206th Report Eleventh Five Year Plan Outlays and Proposals 12.15 The Committee recommended that in addition to continuing and strengthening its already developed space technologies, the Department should also quest for mastering critical technologies and attaining further progress in its launch vehicle programme for successful launching of its spacecraft indigenously. It also recommended that the services of Antrix, the commercial arm of the Department, which marketed India’s space services globally must be fully utilised. The Committee hoped that the Department would achieve the goals set for itself during the 11th Five Year Plan period in the field of space applications for communication, broadcasting, remote sensing, launch vehicle technology etc. for the benefit of the society at large. Participation of Indian Industry in Space Programme 12.16 The Committee was of the opinion that involvement and participation of more and more Indian industries would lead to self-reliance and would bring down our dependence on foreign industries for equipments and technologies. Expansion of Indian

industry would also lead to large-scale employment generation. The Committee, therefore, recommended that the Department of Space should make concerted efforts in this direction. The Committee also desired that Department of Space should look forward to transfer more and more technologies which might be useful for civilian applications to Indian Industries. Disaster Management Support System 12.17 The Committee was of the view that India had been traditionally vulnerable to natural disasters on account of its unique geo-climatic conditions. Floods, droughts, cyclones, earthquakes and landslides had been a recurrent phenomena and a lot of economic devastation and human loss was caused on account of those natural calamities. The Committee felt that the services of Virtual Private Network (VPN) which had been set up for networking the State and district level emergency control centres for near real time natural disasters management must be optimally utilized for rapid dissemination of information to minimize the human and material loss. (d) 207th Report Budgetary Outlays 12.18 The Committee noted that a major curtailment in funds had been made under the Plan allocation for the Minerals Sector where against an initial amount of Rs. 2000.00 crores proposed for 'Acquisition of Uranium Assets from Abroad' a meager amount of Rs. 1.00 crore had been approved for the time being as a provisional amount. The Committee was not at all satisfied with the explanation given by the Department as mentioned above and felt that this token provisions of Rs. 1.00 crore would not at all fulfill the purpose for which the same was being given. The Committee was of the opinion that if the Ministry of the Finance made any token provisions of such low amount for any programme for which the initial demand was high, no scheme under the Department could realize its dreams and the entire token provisions might go waste. The Committee while expressing its serious concern over such drastic curtailment of funds recommended that whenever any token provision was made in future for any scheme, the allocation made initially should be reasonably proportional to the original amount demanded and should not be granted in a causal manner as had been done in that case as such action might hinder the progress of strategic scheme of the Department in future. . Nuclear Irradiation in Agriculture and Food Processing 12.19 The Committee was of the opinion that introduction of new varieties of disease and pest resistant crops in various parts of the country would help in increasing crop yields and would give a boost to agriculture and also help in tiding over shortage of food. The Committee was also of the opinion that irradiated food products which had a higher shelf life would increase the export of farm products and thereby help in increasing the agricultural incomes. While the Committee appreciated the initiatives taken by the Department in this regard, it felt that much more needed to be done further. The Committee, therefore, recommended that the Department should intensify its research in the field of agriculture and popularize its technologies among farmers across the country, so that the benefit of research could percolates down to the poor and marginal farmers as well. Industrial Sector 12.20 The Committee was of the opinion that the activities carried out under this sector would help the country in achieving self-reliance and less dependence on the external sources for pursuing its nuclear programme. The Committee also appreciated the endeavours made by the Department for applications of Nuclear Energy in the non-electricity fields namely addressing applications of radioisotopes, laser and accelerator technologies in medicine, food preservation, agriculture, industry and other such areas which cater to the societal needs of the country. The Committee, therefore, recommended that the allocation of funds to this sector should commensurate with the objectives set for the sector. Health Hazard of Uranium Mines 12.21 The Committee while acknowledging the need of the department to increase its Uranium sources through development of new mines, stressed upon the importance of avoiding the resulting health hazards and maintaining the ecology and environment of the areas near the mines. The Committee was also aware that in some regions of the country Uranium prospecting had led to public unrest due to resulting health hazards and displacement of people. The Committee felt that the Department should take preventive steps to ensure that there was no adverse effect due to the mining operations. Before mining operation started the Department should make consistent efforts for winning over the confidence of public by making aware of the factual information to all stakeholders of the project through extensive public awareness programmes. The Department should also ensure proper compensation for the displaced people to avoid public discontentment at a later stage and also undertake welfare measure programmes in the entire area by opening schools, hospitals, etc. (e) 208th Report

Open Source Drug Discovery (OSDD) Programme 12.22 The Committee was aware that even in this age of medical advancement, there were a lot of fatalities in our country due to common tropical diseases like Malaria, Tuberculosis etc. due to absence of proper medication. The Committee therefore felt that the Department should invest substantially in the research and development and devise innovative methods for inventing new drugs. In this direction, the ‘Open drug Discovery Programme’ was an innovative method wherein the researchers could collectively utilize their knowledge base for the discovery of a drugs. This would also bring down the cost involved in the research and development process. The Committee therefore strongly recommended that the Department should give adequate budgetary support to this innovative programme. Intellectual Property and Technology Management 12.23 The Committee appreciated the CSIR’s patent utilization rate of 8.67% compared to worldwide statistics, but was still of the opinion that due to lack of knowledge about Intellectual Property amongst the researchers and a lack of an appropriate mechanism for transfer of the Intellectual Property a lot of research outcomes in universities, academic and research institutions, which hold potential for public good did not reach the industry or the public and instead were languishing in the laboratories. In some cases there had also been delay in filing of patents specially as regards to our traditional knowledge and processes, on the part of our scientific institutions and other countries had taken patents on the products and processes which had been traditionally used in our country for ages. The Committee therefore recommended that the Department should increase its focus towards the awareness of Intellectual Property issues so that our traditional knowledge was well protected and also make sincere efforts for optimal transfer and utilization of Intellectual Property from research institution to industry. (f) 209th Report Budgetary Allocation 12.24 The Committee had noted that under B.E. (Plan) expenditure for 2009-10 initially Rs1775.00 crores was allocated for the Department combining all schemes. Again during 2010-11 the Department had proposed for a Plan allocation of Rs 2300.00 crores for entire Department out of which Rs 2025.00 crores was actually allocated under B.E. Plan for 2010-11. The Committee had, therefore, observed that although the Department had received an increased amount of Rs.250.00 crores in the B.E. Plan outlay for the year 2010-2011 as compared to 2009-2010, there had been a substantial reduction of Rs. 275.00 crores in the B.E.(Plan) allocation as compared to the Proposed (Plan) allocation for the year 2010-11. The Committee although agreed with the opinion of the Department that this increase of Rs 250.00 crores was too limited to meet the investments made by the Department into new and ongoing major initiatives of the department viz. Research & Development Support including solar energy research, Technology Development Programmes, Autonomous Institutions & Professional Bodies, Drugs & Pharmaceuticals Research, INSPIRE, Mega facilities for basic Research etc. which were of prime importance, it was however of the opinion that correspondingly a reduction of Rs 275.00 crores in the B.E. Plan allocation for 2010-11 against the proposed demand for 2010-11 might affect the major programmes of the Department as detailed above. The Committee was of the opinion that curtailment of funds to the tune of Rs. 275.00 crores would hamper the setting up of basic infrastructure for these crucial projects and would be detrimental to the growth of science and technology in the country in the long run. The Committee therefore recommended that the department might take up the issue of greater allotment of funds strongly with the Planning Commission at the Revised Estimate stage. Non-Submission of the Annual Report for the Year 2009-2010 12.25 The Committee took note of the serious lapse on the part of the Department which had led to the non-submission of the Annual Report of the Department for the year 2009-10 as a result of which the Committee failed to get a Comprehensive picture of the performance of various schemes under the Department during the Plan period of 2009-12. The Committee failed to understand while other Departments under the Ministry of Science & Technology, viz. DSIR & DBT have already submitted their annual reports in time, why DST had failed to submit their Annual Report within the stipulated time frame. The Committee, therefore, strictly recommended that the Department might draw up a comprehensive time schedule for the various stages involved in the preparation of the Annual Report and strictly adhere to the targets set in the schedule so that the Annual Reports were printed and submitted to the Committee well within the time limit. The Department might also examine and analyse the approach followed by the other Departments of the Ministry of Science & Technology, which had submitted their reports in time and adopt an effective method for the preparation of its Annual Reports for the next Plan period of 2010-11. Drugs and Pharmaceutical Research Programme 12.26 The Committee noted with serious concern that a crucial programme such as the ‘Drugs and Pharmaceutical Research’ programme which was started in 1994-95 was still in search of a promoting Department/ Ministry. The Committee failed to understand as to why the programme was being shifted from Department of the Science & Technology to Departments of Biotechnology (DBT), or AYUSH, Ministry of Health or CSIR. The Committee expressed its serious concern at the fact that

even after so many years of being in existence, no focused approach had been adopted towards the programme. Instead of shifting from one Department to another, the Committee was of the firm opinion that to achieve better results, better coordination should be evolved between the Ministries/Departments participating in the programme. (g) 210th Report Corporate Social Responsibility 12.27 The Committee felt that massive afforestation was very important. Every year, the Ministry of Environment and Forests should have a target of increasing the forest cover. But for this massive afforestation, the huge financial resources were required and the Ministry could not afford to undertake afforestation on a large scale in the absence of funds/resources. The Committee found that in our country, Banks, Public Sector Undertakings, major industries in public and private sectors had the corporate social responsibility as an obligation to spend certain resources out of their profits as Corporate Social Responsibility towards the welfare of the society. The Committee felt that if the Government made it mandatory that 50 per cent of the money being spent towards corporate social responsibility for the massive afforestation under the guidance of the Ministry of Environment and Forests, the millions of hectares of land would be covered by forests. At the same time, the Government needed not worry for any resources and the Ministry of Environment and Forest also not to worry about the funds since the Corporate world was already spending by way of corporate social responsibility towards welfare activities. Therefore, the Committee strongly recommended to the Government of India through the Parliament that they must made it mandatory to spend 50 percent of their profit on the afforestation under the control of the Ministry of Environment and Forests. Afforesation in China Vis-A-Vis India 12.28 The Committee felt that in order to achieve a task of gigantic proportions, i.e., massive afforestation some bold and dynamic decisions were required. The Committee was of the view that the Ministry might also workout some modalities to ensure voluntary participation of citizens in the afforestation programme. The Ministry might also think in terms of making it a fundamental duty of every citizen of the country over the age of 18, to plant one tree every year. Massive awareness programme particularly among the children to make them understand the imperatives of planting and protecting trees would also go a long way in realizing the national goal of bringing one third of the area under forest and tree cover. Wild Life Preservation 12.29 The Committee noted that around 35% of sanctioned staff strength was vacant in the Similipal Tiger Reserve despite the fact that the Reserve was afflicted with naxal extremism. The Committee acknowledged the fact that the Ministry had taken action in this regard and had requested the Chief Minister of the concerned State to take appropriate action, however it felt that the Ministry being the nodal agency for the protection and preservation of wildlife, it should vigorously pursue the matter of filling up of the vacant posts with the State Government and ensure that the sufficient CRPF or paramilitary staff was posted in the Reserve to tackle the menace of naxalism. Yamuna Action Plan (YAP) 12.30 The Committee was of the view that a steady supply of fresh water in the river was urgently required. The Committee in its 188th Report on Demands for Grants, 2008-09 of the Ministry had recommended that a proper system should be setup for recharging the river by creating manmade water bodies like reservoir and catchment areas which could store the monsoon water which usually went into drains and the stored water could be released into the river during the lean season. The Committee also noted that most of the catchment area of the river Yamuna had been diverted for purposes other than creating reservoirs. The Committee, therefore, recommended that a result oriented time bound approach should be adopted with regard to the cleaning of river Yamuna. (h) 211th Report 12.31 The representatives of some NGOs also brought to the notice of the Secretary, DST the need for a separate legislation for regulation of Research and Development. The Secretary, accepted the fact and stated that a separate Bill would be brought out to cater to the requirement of Research & Development so that research on diseases such as Malaria, Cholera, Diabetes, Tuberculosis, etc. could be encouraged and promoted. The Committee agreed to the contention of the Department and recommended that government should bring out a separate legislation on Research and Development relating to the interest of the common man after holding wider consultation with various stake holders. 12.32 The Committee felt that this Bill was likely to shape the direction and set the destination of research and innovation in the country, Govt. must give due thoughts on this issue and weigh all the pros and cons before taking a final decision on this matter. The Committee was of the opinion that while formulating a policy for promoting utilization of inventions arising out of public funded research, Government must strive to strike a fine balance between social sector and market driven model so as to

serve public interest in the best possible way. The Committee felt that the objective of the Bill was how to utilize the public funded money to maximize the benefit for the nation. Intellectual Property creation was an important component. In doing so, one needed to create wealth, to create public good. Non-exclusive licensing benefited the public but the revenue earning was low. Exclusive licensing increased the revenue earning but the private good was higher than the public good. So it needed to be judiciously decided as to when did one need to prefer public good and when one should opt for private good. So if there was a case for licensing a drug where customer in our country was quite less, we could go for private good because it would take global market and hence this Intellectual Property should be exclusively licensed. But if we have to license a drug for say Malaria or Tuberculosis which afflicted larger populace of our country, we should go for non-exclusive licensing. The Committee felt that there could not be any uniform policy for licensing as it needed a sort of strategy. 12.33 The Committee was of the opinion that the overall welfare of the society should take precedence over mere commercial interests to decided whether exclusive or non-exclusive license needed to be granted. Therefore, grant of exclusive or non-exclusive license should be decided on case-to-case basis depending upon its merit and keeping in view the interests of the poor people so as to ensure that the benefits of the public-funded research percolate down to the lowest strata of the society. To avoid misuse of the exclusivity of the license, a provision for reviewing the operation of license at regular intervals should be provided for in the Bill. The Committee also recommended that in the extreme case where there was non-compliance by the recipient and the patented invention that had been assigned exclusive license to a private entity was not available to the public at a reasonable and affordable price, Government should revoke the license and acquire the patent to ensure overall societal benefit. 12.34 The Committee, therefore, recommended that Government. should try to make penal provisions as far as possible, moderate without compromising on the point of accountability. 12.35 The Committee also felt that there should be more transparency in public funded Intellectual Property so that people could easily come to know about a public funded intellectual Property. This would also ensure full utilization of the public funds invested in the research for the technology. The aforesaid suggestion of the experts was well taken by the Secretary, Department of Science & Technology and it was assured that due consideration would be given to this issue. The Committee therefore, recommended that the Bill might be suitably amended in this direction. (i) 212th Report 12.36 The Committee after hearing the views of the Secretary, Legislative Department recommended that a new Sub-clause 3 (A) should be inserted into Clause 1 after Sub-clause (3)(e) which may read as follows:-

"The Bill applies only to nuclear installations owned and controlled by the Central Government either by itself or through any authority or corporation established by it or a government company, as defined in the Atomic Energy Act, 1962."

This would make the position clear that there would be no private operator of nuclear installation.

12.37 The Committee felt that Clause 6(1) needed to be modified and recommended that Clause 6(1) may be read as follows: "The maximum amount of liability in respect of each nuclear incident shall be the rupee equivalent of three hundred million Special Drawing Rights or such higher amount as may be notified by the Central Government from time to time." 12.38 The Committee therefore recommended that the liability of the operator needed an upward revision from the present level of Rs 500 crores, specially keeping in view the present level of inflation and the purchase value of the Indian currency. The Committee, after considering the issue felt that the principle of no fault/ strict liability of the operator should be explicitly stated in the Bill and the amount of liability of the operator should be rupees 1500 Crores. 12.39 The Committee was of the opinion that the decrease in liability cannot be accepted. The Committee, therefore, recommended that while Government might increase the amount but in no case it should decrease it. 12.40 The Committee therefore recommended that Clause 17 (a) may end with word “and” and Clause 17 (b) should be modified as: “The nuclear incident has resulted as a consequence of latent or patent defect, supply of sub-standard material, defective equipment or services or from the gross negligence on the part of the supplier of the material, equipment or services.” The Committee also recommended that the operator must secure his interest through appropriate provisions in the contract with the supplier. Even though the supplier was liable to the operator as per Clause 17(a), (b) and (c) of the Bill, the Committee recommended that if a written contract between the operator and the supplier provided for the right of recourse, the operator, might, after compensating the victims, exercise his right of recourse against the supplier in accordance with the provisions of the contract. The Committee therefore, recommended that the above observations of the Committee should be reflected in Clause 17 of the Bill.

12.41 The Committee therefore recommended that period of extinction of right to claim compensation of any nuclear damage in case of personal injury is short and might be increased to twenty years. The Committee was further of the view that the claim should be computed from the date on which the cause of action for such compensation first arose, rather than from the date of notification of the nuclear incident as provided in the Bill. (j) 220th Report 12.42 The Committee took note of the arguments advanced by the Secretaries, DSIR and Legislative Department, but was of the opinion that it would have been appropriate if the Academy had been set up only after the Parliament has passed the Bill. 12.43 The Committee felt that while we must strive to produce more and more PhDs., we must also focus our attention to advance the frontiers of production, productivity and profitability for societal good. It was further of the opinion that while degree programmes were important, non-degree programmes were equally important. The Academy should, therefore, foster non-degree programmes also which would help upgrade the technical capability of small-scale, rural and food processing industries in the country. Institutions like the Khadi and Village Industries Commission were stagnating because of lack of technological upgrading. The Committee was of the view that this was an area where CSIR apart from working for big industries should focus and concentrate on. Big industries could go anywhere in the world and get technology, but for the small and medium-scale enterprises this Academy should become a training and technological upgradation hub. The Committee, therefore, recommended that the Academy should have two pronged strategy of advancing the frontiers of knowledge, advanced science and technology on the one hand and on the other advancing the frontiers of production and productivity, particularly of rural enterprises as the Chinese have successfully done through the concept of Township and Village Enterprises (TVEs). Unless, the Academy succeeded in adopting the above strategy, the Committee felt that it would become one more Ph.D producing machine. 12.44 The Committee, therefore, recommended that the Academy should make all-out efforts to fulfill the objective of improving the economic well being not only of the big industries but also of the small-scale, rural and food processing industries adding value to the raw materials in the villages creating more jobs and income. 12.45 The Committee would, therefore, liked to caution CSIR against any such possibility of drifting away from its mission and recommended that societal benefits for the people of India should always remain the moto and focus of CSIR and that it should not be allowed to be compromised at any cost. 12.46 The Committee, therefore, felt that Govt. should try to integrate as many disciplines of science and as many laboratories as possible so as to make the Academy truly integrative and multi-disciplinary. By doing this, it would become a national umbrella for getting the best out of the existing infrastructure and developing a new class of PhDs. The Committee was of the view that the Government should explore the possibilities of making the Academy more broad based so as to include other well established and outstanding scientific institutions under different scientific organisations, in order to derive the maximum benefit for the country. 12.47 The Committee felt that the administrative procedures to be adopted in the Academy should be kept simple as complex and complicated administrative procedures result in the administrative bureaucracy becoming predominant and those really doing science and technology, research and development taking back seat. Such a situation, therefore, needed to be avoided. The Committee was, therefore, of the opinion that the administrative procedures to be adopted by the Academy should be such that the key persons facilitating and helping the Academy achieve its objectives got free and fair opportunity to contribute their level best and were not bogged down by bureaucratic hurdles. 12.48 The Committee, however, felt that representation of women in science and technology was still not satisfactory and hence they needed to be encouraged for greater participation particularly in administrative and decision making bodies. The Committee, therefore, recommended that Govt. must ensure adequate representation of women scientists and technologists on the Board of the Academy. VIII. Secretariat 12.49 The Committee Section (S&T) headed by an Assistant Director constitutes the Secretariat of the Committee. A Joint Secretary, a Director and a Joint Director remained in-charge of the Branch. 12.50 To assist the Committee in its work, material received from the Ministries/Departments/various non-government organizations and individuals was studied from which points were culled out. The questionnaires for written replies/evidence were also prepared for the use of the Committee.

12.51 The work relating to drafting, consideration and approval of draft reports by the Committee along with their presentation, laying, printing and distribution was undertaken. The Secretariat also dealt with the work relating to the scrutiny of action taken notes received from the Ministries/Departments concerned on the recommendations contained in the Reports of the Committee and prepared the Draft Action Taken Reports of the Committee on it. 12.52 The Secretariat also studied material like Parliamentary Debates, Answers to Parliamentary Questions, Budget Estimates, Five Year Plan Documents, Books, Journals, CAG reports, newspapers etc. relevant to the subjects under examination of the Committee.

ANNEXURE-XIII (See Para 12.5)

Details of the sittings of the Department-related Parliamentary Standing Committee on Science & Technology, Environment & Forests during the year 2009

Sl. No.

Date of meeting

Duration Hrs. Mts.

Subject

1 2 3 4

1. 05.01.2010

4. 10 Oral evidence on "The Protection and Utilisation of Public Funded Intellectual Property Bill, 2008 by i) Shri Arjan Das, Sr. Director, Confederation of Indian Industry (CII), (ii) Dr. S. Sengupta, Advisor, (CII), (iii) Ms. Shilpa Jha, Excutive Officer, (CII) (iv) Shri Jyotirmoy Jain, Advisor, ASSOCHAM, (v) Dr. Amit Mitra, Secretary General (FICCI) (vi) Dr. Satyajit Rath, Scientist, National Institute of Immunology. (vii) Shri Prabir Purkayastha, Vice President, Delhi Science Forum, (viii) Ms. Leena Menghaney, Project Manager, Medicines sans frontiers, (ix) Ms. Pratibha S., Legal Advisor, Lawyers Collective HIV/AIDS Unit, (x) Shri K.M. Gopakumar, Member, Third World Network.

2. 22.01.2010

02.00

Oral evidence of Secretary, D/o Atomic Energy on the functioning of the Department.

3. 08.02.2010 02.30 Oral evidence on "The Protection and Utilisation of Public Funded Intellectual Property Bill, 2008" of (i) Secretary, D/o Biotechnology, (ii) Secretary, D/o Scientific and Industrial Research (iii) Scientist & Chief Controller (R&D), DRDO (iv) Prof. Shamnad Basheer, Professor, WB National University of Juridical Sciences, Kolkata (v) Prof. S.A. Shivashankar, Chairperson, Intellectual Property Cell, Indian Institute of Science, Bangalore (vi) Ms. Leena Menghaney, Project Manager, Medicines Sans Frontiers (vii) Shri Anand Grover, Director, Lawyers Collective HIV/AIDS Unit. (viii)Dr. Nitya Anand, Senior Scientist, Lawyers Collective HIV/AIDS Unit. (ix) Ms. Pratibha S., Legal Advisor, Lawyers Collective HIV/AIDS Unit

4. 18.02.2010

Oral evidence on "Environment & Forest clearances and compliance in Coal, Steal, Power and mines Sectors of (1) Secretary, M/o Environment & Forests, (2) Representatives of FICCI, CII and FIMI (3) Secretaries M/oCoal, Steal and Mines (4) Special Secretary, M/o Power

1 2 3 4

5. 22.03.2010 03.15 Oral evidences by Special Secretary, Ministry of Environment and Forests and Secretary, Department of Bio-Technology on Demands for Grants (2010-2011)

6. 23.03.2010 06.15 Oral evidences by Secretaries of Department of Atomic Energy and Department of Space on Demands for Grants (2010-2011).

7. 29.03.2010 03.30 Oral evidences by Secretaries of M/o Environment and Forests and Department of Scientific & Industrial Research on Demands for Grants (2010-2011).

8. 30.03.2010 02.40 Oral evidences by Secretaries Ministry of Earth Sciences and Department of Science & Technology on Demands for Grants (2010-2011).

9. 16.04.2010 00.30 Consideration and adoption of draft Demands for Grants Reports 204th, 205th, 206th, 207th, 208th and 209th Reports of the Committee and Consideration of 210th Report of the Committee on Demands for Grants (2010-2011).

10. 28.04.2010 01.00 Consideration and adoption of 210th Report on Demands for Grants (2010-2011) of the Ministry of Environment & Forests

11. 02.06.2010 01.55 Oral evidences on "The Protection and Utilisation of Public Funded Intellectual Property Bill, 2008" of (i) Ms. Leena Menghaney, Project Manager, Medicines Sans Frontiers, New Delhi. (ii) Prof. Shamnad Basheer, Professor, WB National University of Juridical Sciences, Kolkata. (iii) Shri K.M. Gopakumar, Member, Third World Network, New Delhi. (iv) Ms. Pratibha S., Legal Advisor, Lawyers Collective HIV/AIDS Unit, New Delhi. (v) Dr. Satyajit Rath, Scientist, National Institute of Immunology, New Delhi.

12. 07.06.2010 00.50 Consideration and adoption of 211th Report on "The Protection & Utilisation of Public Funded Intellectual Property Bill, 2008".

13. 08.06.2010 02.00 Oral evidences by Secretary, Department of Atomic Energy on "The Civil Liability for Nuclear Damage Bill, 2010".

1 2 3 4

14. 15.06.2010 05.10 Oral evidences on"The Civil Liability for Nuclear Damage bill, 2010" of (i) Secretary, D/o Atomic Energy (ii) Representatives of FICCI, ASSOCHAM and CII, IAIF (India Atomic Industrial Forum (iii) Shri V.K. Bhasin, Secretary, Legislative Department, M/o Law & Justice, (iv) Secretaries, M/o Finance, (Finance Secretary, Secretary, D/o Financial Services, and Secretary, Department of Expenditure) (v)Secretary, Ministry of External Affairs (vi) Secretary, Ministry of Power (vii) Secretary, Ministry of Home Affairs (viii) Secretary, Ministry of Environment & Forests

15. 16.06.2010 02.55 Oral evidences on "The Civil Liability for Nuclear Damage bill, 2010" of (i) Secretary, D/o Atomic Energy (ii) Prof. V.B. Coutinho, Former Vice Chancellor, Gulbarga University (iii).Shri S. Varadarajan, Hindu Group (iv) Shri G. Balachandran, Nuclear Policy Analyst, Institute for Defence Studies & Analyses, (v) Shri M.R. Madhwan, Centre for Policy Research (vi) Shri Anirudh Burman, Centre for Policy Research, (vii) Ms. Priya Pillai, Policy Officer, Green Peace India Society, (viii) Ms. Karuna Raina, Climate Campaigner, Green Peace India Society (ix) Ms. Vinuta Gopal, Climate Manager, Green Peace India Society.

16. 23.06.2010 04.40 Oral evidences on "The Civil Liability for Nuclear Damage Bill, 2010" of (i) Secretary, Department of Atomic Energy, (ii) Representatives of FICCI, CII, (iii) Secretary, Department of Financial Services, M/o Finance

17. 24.06.2010 03.15 Oral evidences on "The Civil Liability for Nuclear Damage bill, 2010" of (i) Secretary, D/o Atomic Energy, (ii) Dr. A. Gopalakrishna, Chairman, Atomic Energy Regulatory Board, Dr. Bharat Karnad, Prof. PRS Legislative Branch (iv) Shri Prabir Purkayastha, Delhi Science Forum (v) Shri S. Sen, Coalition for Nuclear Disarmament & Peace (vi) Shri Praful Bidwai, Coalition for Nuclear Disarmament & Peace

1 2 3 4

18. 13.07.2010 04.55 Oral evidences on "The Civil Liability for Nuclear Damage bill, 2010" of Secretary, D/o Atomic Energy, (ii) Shri Yashwant Sinha, M.P. (L.S.) and Chairman, Parliamentary Standing Committee on Finance (iii) Shri Dipankar Mukherjee, General Secretary, Centre of Trade Unions (iv) Secretary, M/o Water Resources (v) Secretary, M/o Environment & Forests.

19. 14.07.2010 02.45 Oral evidences on "The Civil Liability for Nuclear Damage bill, 2010" of (i) Secretary, D/o Atomic Energy, (ii) Shri R.V. Subba Rao, Vice President, Bhartiya Mazdoor Sangh (BMS), (iii) Shri Thampan Thomas, President, Hind Mazdoor Sangh (HMS), (iv) Secretary M/o Consumer Affairs, Food and Public Distribution (D/O Food & Public Distribution) (v) Secretary, M/o Law & Justice, (Legislative Department)

20. 21.07.2010 04.05 Oral evidences on "The Civil Liability for Nucler Damage Bill, 2010" of (i) Secretary, D/o Atomic Energy, (ii) Dr. P.K. Iyenger, Former Director, BARC and former Chairman, AEC, (iii) Shri Shams Khwaja, Advocate/Professor of Law, (iv) Shri Yogesh Lohiya, Chairman-cum-Managing Director, General Insurance Company (v) Shri I.S. Pulekha, Director and General Manger, The New India Assurance Company Ltd. (vi) Ms. Ramma Bhasin, Dy. General Manager, United India Insurance Company Ltd. (vii) Secretaries, M/o Home Affirs (viii) M/o Health and Family Welfare; M/o Law & Justice (Legislatie Department) and Member NDMA (National Disaster management Authority)

21. 27.07.2010 02.05 Oral evidences on "The Civil Liability for Nuclear Damage bill, 2010" of (i) Secretary, D/o Atomic Energy, (ii) Chairman Insurance Regulatory and Development Authority (IRDA), (iii) CMD, General Insurance Company, (iv) CMD, The New India Assurance Company Ltd., (v) CMD, United India Insurance Company Ltd. (vi) Shri Arun Agarwal, Chief Underwriting Officer, ICICI Lombard General Insurance Company Ltd., (vii) Shri Sanjay Saxena, Sr. Manager, (viii)Tata AIG Insurance, and Tejas Kulkarni, Manager, Tata, AIG Insurace

1 2 3 4

22.

02.08.2010

03.00 Oral evidences on "The Civil Liability for Nuclear Damage bill, 2010" of (i) Secretary, D/o Atomic Energy, (ii) Secretary, M/o Defence, (iii) Secretary, M/o Law & Justice

(Legal Affairs) (iv) Shri Arghya Sengupta, Pre-Legislative Briefing Service (v) Shri T. Prasant Reddy, -do- (vi) Ms. Sanhita Ambast, -do- (vii) Maj. Gen. (Retd.) Nilendra Kumar, Director, Amity Law School, Amity University (viii) Shri Shams Khwaja, Advocate/Professor of Law, Amity University, (ix) Shri Surender Kumar, Amity University (x) Shri Gopal Krishna, Founder-Convenor, Toxics Watch Alliance (xi) President Secretary General, Assistant Secretary General, national Foundation of Atomic Energy Employee (NFAEE)

23.

03.08.2010

03.50

Oral evidences on 'The Civil Liability for Nuclear Damage Bill, 2010" of (i) Secretary D/o Atomic Energy, (ii) Chairman, Atomic Energy Regularory Board (AERB) Director, Tata Memorial Centre Secretary, M/o Finance, Dept. of Financial Services (v) Chairman, IRDA (vi) CMDs-GIC, The New India Assurance Company Ltd.; and United India Insurance Company Ltd. (vii) Maj. Gen. (Retd.) Nilendra Kumar, Director, Shams Khwaja, Advocate/Professor of Law; and Surendra Kumar, Amity University (viii) Shri Gopal Krishna, Founder Convenor Toxics Watch Alliance.

24.

05.08.2010

01.30

Oral evidences on "The Civil Liability for Nuclear Damage Bil, 2010" of (i) Secretary, D/o Atomic Energy, (ii) Secretary, M/o Health & Family Welfare, (iii) Secretary, M/o Labour & Employment, (iv) Secreary, M/o Agriculture (v) Secretary, M/o Environemnt & Forests (vi) Secretary, M/o Law & Justice, D/o Legal Affaris (vii) Secretary, M/o Law & Justice (Legislative Department)

1 2 3 4 25. 09.08.2010 01.45 Internal Discussion on "The Civil Liability for

Nuclear Damage Bill, 2010,

26. 11.08.2010 00.20 Internal Discussion on "The Civil Liability for Nuclear Damage Bill, 2010"

27. 17.08.2010 01.50 Consideration & Adoption of 212th Report on "The Civil Liability for Nuclear Damage Bill, 2010

28. 30.09.2010 02.00 To decide its future programme, Oral evidences of Secretary, M/o Environemnt & Forests on the aspects related to 'Ganga Action Plan and pollution in other major rivers of the country'

29. 22.10.2010 01.55 Oral evidences on "The Academy of Scientific and Innovative Research Bill, 2010" of (i) Secrery, DSIR (ii) Dr. S. Sivram, Director, National Chemical Laboratory, Pune (iii) Dr. Tapan Chakraborty, Director, NEERI, Nagpur (iv) Shri Rajesh Gokhale, Director, IGIB, Delhi (v) Dr. R.C. Budhani, Director, NPL, Delhi (vi) Dr. Gautam Biswas, Director, CMERI, Durgapur (vii) Dr. Mohan Rao, Director, CCMB, Delhi (viii) Dr. K. Jaykumar, Joint Secretary, CSIR

30. 28.10.2010 01.50 Oral evidences on "The Academy of Scientifc and Innovative Research Bill, 2010 of (i) Secretary, DSIR (ii) Secretary, Department of Atomic Energy (iii) Secretary, M/o Law & Justice (Legal Affairs)

31. 29.10.2010 01.30 Oral evidences on "The Academy of Scientific and Innovative Research bill, 2010" of (i) Secretary, DSIR (ii) Prof. Deepak Pental, Vice Chancellor, University of Delhi (iii) Dr. D. Sengupta, Senior Adviser, CII (iv) Shri Jibak Dasgupta, Deputy Director, CII (v) Shri Anjan Das, Sr, Director CII

32. 18.11.2010 01.00 Oral evidence on ACSIR Bill of the following: (i) Secretary DSIR & DG, CSIR, (ii) Prof. Sukhadeo Throat, Chairman, UGC, (iii) Prof. Dinesh Singh, V.C, D.U.

33. 08.12.2010 01.00 Adoption of the draft Report Nos. 213 to 219 on Action Taken on recommendation contained in 204th to 210th Report D.G.(2010-11) and the draft 220th Report on the 'Academy of Scientific & Industrial Research, 2010

CHAPTER-XIII

COMMITTEE ON TRANSPORT, TOURISM AND CULTURE



COMMITTEE ON TRANSPORT, TOURISM AND CULTURE


1. Shri Sitaram Yechury - Chairman

Rajya Sabha

2. Shri Ramdas Agarwal 3. Shri Birendra Prasad Baishya

4. Shri Shadi Lal Batra 5. Shri Naresh Gujral 6. Shri Syed Azeez Pasha 7. Shri Thomas Sangma 8. Shri Satish Kumar Sharma 9. Prof. Saif-ud-Din Soz 10. *Shri Vikram Verma

Lok Sabha

11. Yogi Aditya Nath 12. Shri Avtar Singh Bhadana 13. Shri V.Kishore Chandra S. Deo 14. Shrimati Bhavana Gawali Patil 15. Shri Mahesh Joshi 16. Shri P. Karunakaran 17. Shri Jose K. Mani 18. Shrimati Ranee Narah 19. Shri Rajaram Pal 20. Shri Bal Kumar Patel 21. Shri Nama Nageswara Rao 22. Shri S.D. Shariq 23. Shri Madan Lal Sharma 24. Shri Dushyant Singh 25. Shri Jitendra Singh 26. Shri Rakesh Singh 27. Shri Shatrughan Sinha 28. Shri K. Sugumar 29. Shri Kabir Suman 30. Shri Anurag Singh Thakur 31. Shri K.C. Venugopal


COMMITTEE ON TRANSPORT, TOURISM AND CULTURE (Constituted on the 31st August, 2010)

1. Shri Sitaram Yechury - Chairman

Rajya Sabha

2. Shri Ramdas Agarwal 3. Shri Shadi Lal Batra 4. Shri Narendra Kashyap 5. Shri Pyarimohan Mohapatra 6. Shri Syed Azeez Pasha 7. Shri Thomas Sangma 8. Shri Satish Sharma 9. Prof. Saif-ud-Din Soz 10. Shri Vikram Verma Lok Sabha

11. Yogi Aditya Nath 12. Shri Avtar Singh Bhadana 13. Shri V.Kishore Chandra S. Deo 14. Shrimati Bhavana Gawali Patil 15. Dr. Mahesh Joshi 16. Shri P. Karunakaran 17. Shri Jose K. Mani

* Nominated on 12th September, 2009

18. Shrimati Ranee Narah 19. Shri Rajaram Pal 20. Shri Bal Kumar Patel 21. Shri Nama Nageswara Rao 22. Shri Sharief-ud-din Shariq 23. Shri Madan Lal Sharma 24. Shri Dushyant Singh 25. Shri Jitendra Singh 26. Shri Rakesh Singh 27. Shri Shatrughan Sinha 28. Shri K. Sugumar 29. Shri Kabir Suman 30. Shri Anurag Singh Thakur 31. Shri K.C. Venugopal

II. Subjects selected for examination 13.3 The Committee examined and considered the following subjects namely-

1. Merger of Indian Airlines and Air India: Its impact on the Civil Aviation Sector.

2. Modernization of Ports; and

3. Functioning of DGCA and Helicopter Operations in India


13.4 The following Bills were referred to the Committee for examination and report.

1. The National Road Safety and Traffic Management Board Bill, 2010.

2. The Anti-Hijacking (Amendment) Bill, 2010.

IV. Review of work done (a) Sittings of the Committee 13.5 During the year the Committee held 16 sittings for 31 hours and 40 minutes. A Statement showing the dates of sittings of the Committee held during the period under Review, the duration of the sittings and the subjects discussed are given in Annexure-XIV. (b) Study Visits 13.6 The Committee undertook two study visits for a total number of Sixteen (16) days. Officers/Staff of the Secretariat accompanied them. The details of the visits are given below: -

Places visited Date Organisation Examined Subject Kolkata, Chennai and Kochi 15th September to 22nd

September, 2010 Chennai, Ennore, Kolkata, Haldia & Kochi Ports, Cochin Shipyard Ltd.

Modernisation of Ports

Bhubaneswar, Mumbai and Visakhapatnam

27 October to 3rd November, 2010

Paradip, JNPT, Mumbai, New Mangalore, Murmagoan, Kandla and Visakhapatnam Ports

Modernisation of Ports

V. Reports presented

13.7 During the year under review, out of the Eleven Reports of the Committee (10) were presented to the Parliament and one Report was presented to the Hon'ble Chairman as detailed below:- Sl. No. Report No. and Date of

Presentation/Laying in Rajya Sabha/Lok Sabha

Subject

1 2 3 1. 151

(3.3 2010) Merger of Indian Airlines and Air India: its impact on the Civil Aviation Sector

2. 152 (3.3 2010)

Action taken by the Government on the recommendations/observations of the Committee contained in its One Hundred and Fortieth Report on Promotion of Tourism in Jammu and Kashmir

3. 153 (3.3 2010)

Action taken by the Government on the recommendations/ observations of the committee contained in its One Hundred And Forty Ninth Report on Development of Tourism Infrastructure and Amenities for the Commonwealth Games 2010

4. 154 (20.4. 2010)

Demands for Grants (2010-2011) Ministry of Tourism

1 2 3 5. 155

(20.4. 2010) Demands for Grants (2010-2011)of Ministry of Road Transport and Highways

6. 156 (22.4.2010)

Demands for Grants (2010-11) of Ministry of Shipping

7. 157 (22.4.2010)

Demands for Grants (2010-11) of Ministry of Culture

8. 158 (22.4.2010)

Demands for Grants (2010-11) of Ministry of Civil Aviation

9. 159 (6.5. 2010)

Action taken by the Government on the recommendations/ observations of the Committee contained in its One Hundred and Thirty First Report on Closure of Bangalore & Hyderabad Airports; One Hundred and Forty First Report on Modernisation of Airports; and One Hundred and Forty Second Report on Functioning of Private Airports

10. 160 (28.7.2010)

The National Road Safety and Traffic Management Board Bill, 2010

11. 161 (18.10.2010)

Presented to the Hon'ble Chairman, Rajya Sabha

The Anti-Hijacking (Amendment) Bill, 2010

VI. Summary of Recommendations

(a) 151st Report Merger of Indian Airlines and Air India: its impact on the Civil Aviation Sector 13.8 The One Hundred Fifty First Report of the Committee dealt with the issue of Merger of Indian Airlines and Air India: its impact on the Civil Aviation Sector and was presented to the House on the 3rd March, 2010.

13.9 The Committee had found that decision to merge the Indian Airlines and Air India was taken in haste, without required homework and consultations. As a result, the entire process had, in fact, been unduly delayed, if not derailed. In the process, it had given rise to so many problems concerning financial, administrative and operational, which could not be foreseen by the people who took this decision.

13.10 The Committee had questioned the logic behind purchasing a large number of aircrafts when the aviation industry was under huge losses due to the global economic recession. Reasons for going ahead with aircraft purchased by the Ministry of Civil Aviation, despite Air India and Indian Airlines not having the capacity to support it, remains unknown to the Committee. There was no budgetary provision for this purchase and the money to the tune of Rs.50000 crores had to be raised through loans only. The return on such a large scale investment was time-taking and there was no guarantee of commensurate return on such investments. The Committee was given to understand that the entire aircraft acquisition programme lacked required transparency. The Committee had opined that NACIL reviewed its aircraft acquisition programme in view of its financial conditions, changing commercial dynamics and the demand and supply in the aviation market. The Committee had felt the need to defer the aircraft acquisition programme reduced the debt burden of the NACIL. It had recommended to probe the aircraft purchase to fix the responsibility for taking such an ambitious decision that had become big financial liability.

13.11 The Committee noted that from the year 2007 onwards, the NACIL was scheduled to get delivery of the new aircrafts which had been planned in the year 2005. The Committee could not know why the NACIL Management and the Ministry of Civil Aviation went ahead after 2005 with the expensive proposition of leasing of aircrafts that too without any exit Clause. The Committee had also noted that even after the delivery of new aircrafts to NACIL, the company continued to lease aircrafts or

renewed the leases on some pretext or the other, which caused huge loss to the company at the time of recession, low seat factor and capacity underutilization. All such decisions taken by the Management and the Ministry of Civil Aviation had ultimately resulted in big financial loss to the company. The Committee recommended that all the lease agreements may be reviewed and appropriate action may be taken in cases where agreements were not based on sound business prudence.

13.12 The Committee noted with dismay that even after two years of merger, essential processes and systems of IA & AI could not be integrated. NACIL took almost two years to start the process by inviting Request for Proposal for revamping the commercial processes and systems and infrastructure. The integration of Passenger Service Systems (PSS) still remained a far cry. The Committee had observed that until NACIL got a common IT platform, a meaningful business transformation would be difficult to achieve. The Committee, therefore, had recommended that NACIL should strive to achieve a common IT platform without any delay before finalizing any Commercial Transformation Project as the success of the latter is closely linked with the former.

13.13 The Committee had found that the merger process was entirely guided by the report of M/s Accenture who was engaged as consultant by the Government of India. However, the absence of a proper study and consultations with the employees of both the airlines on various aspects including HR management, lead to severe disparities on different counts between the employees of erstwhile AI and IA in the NACIL. The merger process, in fact, instead of creating conducive working conditions in the new entity, had left a potential cause of unrest waiting to happen any time between the employees and management of NACIL. The pay-scales, for example, being different in the erstwhile IA and AI before the merger, had posed a complex and peculiar problem that needs to be solved without further delay. The promotions in the ED level and discrimination in the pay scale of cabin crew of AI and IA have further compounded this problem. The Committee found that while the merger had taken place at the level of Executive Directors, General Managers and Deputy General Managers, other categories have been left out and were still governed by the rules and regulations of their respective parent organizations.

13.14 The newly merged NACIL had not introduced any Service Regulations or Standing Orders to govern its employees till date for the reasons best known to management only. The Committee was of the opinion that in such a scenario, integration of human resources and settlement of their related problems amicably in the new entity may take years and not within the stipulated time as projected by the Government.

13.15 The Committee has noted that the parameters adopted for the payment of PLI are different for different categories of employees depending on the nature of work undertaken by the staff and the level of officers. There are wide disparities between the NACIL A and NACIL-I employees, as far as PLI payment was concerned. The Committee has further noted that the PLI schemes between NACIL-A and NACIL-I had not yet been harmonized.

13.16 Since all the parameters were laid down for PLI payment, the Committee did not see any scope for reduction in PLI of employees. Even after achieving all the parameters, if the company was making losses, the reason for losses obviously lay somewhere else. The Committee felt the misplaced Government policies and priorities are the main reason for the losses.

13.17 The Committee while appreciating the compulsions of the NACIL management to reduce costs, had asked to ensure that further losses were not incurred due to strike by the employees leading to flight disruptions. The Committee recommended that the management should find out a via media to overcome the situation by calibrating the withdrawal of PLI in consultation with the Employees’ Unions.

13.18 As per the Route Dispersal Guidelines an airlines was supposed to operate only 10% of their operations in category II and II A destinations. However, the Committee had found that NACIL was operating almost double the capacity of its statutory obligations to category II and II A destinations. The Committee, therefore, had recommended that the NACIL should be adequately compensated for carrying out its operations in non-viable routes and fulfilling its other such social responsibilities.

13.19 The Committee was informed that in granting traffic rights, home carriers’ interests, whether Government or private was always considered. It found that the incremental capacity generated by the bilaterals, could not be utilized by the home carriers due to lack of adequate number of aircrafts with Indian Airlines / Air India. The Government which was aware of this limitation of the National Carrier, knowingly and willingly, allowed incremental capacity to foreign airlines. The Committee had felt that the bilateral should have opened only after the acquisition of new aircrafts by Air India / Indian Airlines.

13.20 The Committee, had, recommended that the decision to open the highly lucrative international air routes to /from India must be probed and all those bilaterals must be reconsidered and reviewed and responsibility be fixed for giving away the national rights.

13.21 The Committee had noted with dismay that even after the National Carrier was making an earnest plea for controlling the unrestricted entry of the foreign airlines in India, the Government looked the other way and decided to grant further bilaterals to various foreign airlines thus making the NACIL more vulnerable to operational difficulties and losses. The Committee strongly recommended an inquiry to find out the reasons for granting such a large number of bilaterals to foreign airlines knowing well that domestic players could not match and avail bilateral granted to them due to the constraints of availability of aircrafts.

13.22 The Committee had also found that services were being withdrawn from lucrative sectors by NACIL paving the way for introduction of services by the private operators in the same sector. It had certainly helped the private operators and made the

NACIL incur huge loss. The Committee, therefore, recommended that all the existing domestic services be reviewed and NACIL be permitted to opt for their routes and timings. The other airlines may be adjusted thereafter in such a way that they should not encroach upon the services of NACIL.

13.23 The Committee had expressed its apprehension about a possible nexus operating for surrendering lucrative routes to favour the private operators. The Committee had recommended that an inquiry be carried out to analyze the withdrawal of lucrative routes both domestic and international to favour the private players in the field. It is to be noted that immediately on withdrawal of services by NACIL, the private operators introduced their flights in the same sector promptly and are presumably making profits.

13.24 The Air India and Indian Airlines were doing the ground handling of both private and international airlines for several decades at all the Indian airports. They had in the process gained adequate expertise and manpower in this regard. The new ground handling policy announced by the Government had “international level standard for ground handling” as one criterion. NACIL had not been considered to be qualified, as it had no experience of handling at foreign airport, whereas it had handled international carriers in Indian Airports. The Committee has opined that requirement of international expertise cannot be mechanically interpreted as handling on international airports outside India. The Committee, therefore, had recommended that the handling of international aircrafts in Indian airports should be adequate criteria for deciding the international experience.

13.25 The Committee found that this criterion, in fact, had facilitated the entry of a foreign company in the profit making ground handling activity at the Bangalore and Hyderabad airports. Such a move had rendered a large number of NACIL employees jobless and reduced the profit of the company drastically in the two airports. This situation also resulted in employment to foreigners in Indian Airports and made their joint venture a profitable venture for foreigners in India.

13.26 The Committee had recommended that this (biased) Clause against ground handling by NACIL be removed from the Agreements of private airports at Bangalore and Hyderabad. In future NACIL should be given exclusive rights to ground handling activities in all the Indian airports.

13.27 The Committee has opposed the practice of filling the Board of Directors with the officers from the Ministry of Civil Aviation and has favoured the independent Directors with professional experience and expertise to be inducted into the Board. The Board may be allowed to function in a professional way. Professional Board & Directors and a committed CMD is the need of the hour to run the NACIL in an efficient way.

13.28 The Committee has decried the practice of appointing four CMDs of NACIL during two years, which is against all norms of corporate governance. A company which is grappling with the serious merger issues should have some permanency at the top level management. This has happened even after the consultants who advised the Ministry on the merger issues recommended a five year fixed period for the CMD, during the merger period. The Committee had concluded that the frequent changes of CMD left the NACIL directionless resulting in the present mesh that is before us.

13.29 The Committee had discouraged appointing CMDs only from IAS, as NACIL is a highly sophisticated and complex organization dealing with highly advanced and technical aspects, can be handled effectively only with the help of technocrats and knowledge experts at the helm of affairs. The Committee, therefore, had strongly recommended that experience in Civil Aviation Industry or Open Market Competitions must be the main consideration for appointing CMD of NACIL.

13.30 The Committee was of the firm view that the turn around of NACIL was not possible by shifting the burden of the crisis on to the shoulder of the employees and blaming them for the ills of the company. The Committee firmly believes that the one and only way of overcoming the problem was to change the often irrational and misplaced policy decisions of the Government.

13.31 The Committee therefore, had recommended that as a first step the Government should write off the entire loss suffered by the NACIL as the loss was due to the policy directions of the Ministry of Civil Aviation.

13.32 Secondly, the Ministry should bring about regulations to control the flight schedules in such a way that the Public Sector NACIL should get priority in all the routes and prime times routes. Too many flights chasing one and the same directions are leading to total chaos and loss to the Civil Aviation industry as a whole and this should be controlled and regulated.

13.33 The Committee felt that the merger process had so far seen rough patches and still needed more time to settle. Employees’ role in merger process was not adequate and the involvement of employees in this lengthy process cannot be overlooked. The Government should make sincere efforts to make the merger successful, one by ensuring the proper integration of the employees and resolving the outstanding issues of employees between the former Indian Airlines and Air India. Unless this was done, the required synergy to make NACIL a mega corporate taking on stiff international competition cannot be realized. In this context, the Committee considered that the NACIL functioning as a holding company with NACIL - A and NACIL-I as separate functional units merits a serious consideration by the Government. The Committee was of the opinion that the Government should be pro-active in promoting the interest of the national carriers in future by taking them into confidence while making any major policy decisions.

(b) 152nd Report

Action taken by the Government on the recommendations/observations of the Committee contained in its One Hundred and Fortieth Report on Promotion of Tourism in Jammu and Kashmir

13.34 The One Hundred Fifty Second Report was an Action Taken Report prepared on the basis of Action Taken Replies submitted by various Ministries on the recommendations of the Committee contained in its One Hundred Fortieth Report.

13.35 The Committee was aware of the peculiar situation of Jammu & Kashmir and the practical problem in ensuring tourist arrival. It however, hoped that the tourist inflow will take new peaks in the changed situation in the region. The Ministry should also project the improved situation through advertisements so that more tourists are attracted to visit the State.

13.36 The Committee recommended that the Ministry might pursue the matter to ensure that the States/ Union territories implement the guidelines for formation of Tourist Security Organizations (TSO). The Ministry should also coordinate with the State and Union territories to speed up the action of setting up Tourist Security Organizations.

13.37 The Committee felt that the press might be sensitized about the issue and close interaction might be maintained with media-persons to ensure a more positive projection of ground realities in the state.

13.38 The Committees hoped that the setting up of Indian Institute of Skiing and Mountaineering (IISM) was a beginning and the Ministry would endeavour to set up more such institutions at other places in Jammu & Kashmir.

13.39 The Committee would like to be informed of the steps taken by the Government of Jammu & Kashmir for development of trekking routes. The Committee would also like to know about the efforts made by the Ministry to obtain State Government’s response to all such paras sent to them. The Ministry can not wash its hands off just by forwarding Committee’s recommendations to the State. It was their responsibility to procure them and submit to the Committee with replies.

13.40 The Committee thanks the Ministry for delineating the roles of the Union and State Governments in promotion of tourism. As such it was a joint responsibility; the replies also should have been prepared jointly. It would have been highly obliged, had the Ministry responded specifically to the Committees recommendations/observations that were specific about facilities to pilgrims of Vaishno Devi Temple. The Committee noted the allocation of resources in the Eleventh Plan. The Committee hoped that the sanctioned amount would be utilized judiciously within the scheduled period. The Ministry might explore Public-Private-Partnership model for setting up construction of luxury hotels to boost high end tourism in the State.

13.41 The Committee might be apprised of any plan received from Government of Jammu and Kashmir. If not, the Ministry might advise the State Government to send proposals. The Committee did not accept this as a reply and requested the Ministry to submit specific reply in consultation with the State Government. The Committee hoped that the Ministry will pursue the matter with the Government of Jammu and Kashmir and inform the Committee about the action-taken. The Committee noted the sanctioning of Food Craft Institute and release of Rs.200 lakhs. The Committee hoped that the Institute will be opened shortly. The Government should explore the possibility of providing good quality budget hotels with convention centers through PPP mode or otherwise.

13.42 The Committee felt that timely implementation of the projects would result in better utilization of funds. Hasty works at the end of the financial year to consume the balance funds ultimately results in wastage of money as the quality standards could not be followed in works. The expenditure blue print might help to implement the plans step by step in an organized way.

13.43 The Committee does not consider spending to be real indicator of performance. In this case despite crores of rupees spent, there was no desired impact otherwise people would not have pointed out about lack of adequate publicity, to the Committee. In this case either the money was not spent prudently or it was less than required. The Committee still felt that the State was not getting adequate attention in this regard. It wanted the Ministry to analyze the impact of the existing ad-campaign and take up with renewed vigour alongwith the State Government.

13.44 The Committee hoped that with the increase of tourists, Ministry of Civil Aviation would review the policy to ensure adequate number of flights in the sector. The Committee noted that there is only one flight to Leh by NACIL (I) that too is indirect and only once a week, while two private airlines were operating direct daily flights to Leh. It means the Delhi- Leh is a profit making route, NACIL not operating flights to Leh makes the Committee curious about the reasons. NACIL flight, if operated will help Government employees who avail of LTC to Leh as the LTC air travel is permissible only by NACIL flights.

13.45 The Committee was of the view that Model Driving Training Schools scheme be revived at least for the States/Union Territories like Jammu and Kashmir who could not give proposals. The Committee was surprised to learn that Ministry of Road Transport and Highways does not have anything to do with promotion of use of CNG in Motor Vehicles. The Committee emphasises the need for putting a school in place for this purpose with the help of Ministry of Petroleum and Natural Gas.

13.46 The Committee emphasized the need for providing more resources and man power to the ASI in Jammu and Kashmir for carrying out the on-going work and taking up additional ones.

13.47 The Bangus valley of Jammu & Kashmir is a virgin area with full of scenic beauty and great tourism potential. However, the area was visited by very less tourists due to lack of basic amenities, infrastructure and development in and around the area. If it could be developed properly the area had all the potential to become one of the major tourist spots of Jammu & Kashmir. The Committee, therefore, recommended that the Govt. of India should include this area for development as a mega tourist spot and adequate funding might be provided for overall development of the area.

(c) 153rd Report

Action taken by the Government on the recommendations/ observations of the Committee contained in its One Hundred And Forty Ninth Report on Development of Tourism Infrastructure and Amenities for the Commonwealth Games 2010

13.48 The One Hundred Fifty Third Report was an Action Taken Report prepared on the basis of Action Taken Replies submitted by various Ministries on the recommendations of the Committee contained in its One Hundred Forty Ninth Report.

13.49 The Committee had learnt that the common ticket/advance ticket for visiting monuments under ASI had been in the process. The Ministry should ensure that the system worked without any flaw and advertised through print & electronic media. The Committee also desired to know the current status of the actions planned by various departments of the Government of NCT of Delhi as mentioned above.

13.50 The Committee felt that ferry services like those operated by Delhi Metro Rail Corporation might be introduced between Agra Cantt Railway Station and Taj Mahal so that the tourists were not put to any trouble by unscrupulous elements at the railway station and in the premises of Taj Mahal. Further coordination with various agencies should be closely monitored and a nodal agency made to implement the steps.

13.51 The Committee was of the view that it is high time volunteers be deputed on trial basis to some of the places and feedback may be obtained. The shortcomings may be sorted out for better results. Further, publicity material/brochure should be made available at the tourist places to facilitate tourists.

13.52 The Committee noted the reply and cautious the Ministry of Tourism to be more careful while granting affiliation to private Institutes of Hotel Management (IHMs) and adhere to stringent norms.

13.53 The Committee recommended that the Game Travel Office may be later on converted to a Tourism Promotion centre so that the infrastructure could be further utilized for tourism promotion.

13.54 Tourist Police should be properly trained that might be a helping hand. Further, the issue of safety and security of tourists was of paramount importance and issue should be taken up with Ministry of Home Affairs.

13.55 The Committee desired to know the feedback/response Ministry had received so far. Since the tourism promotion outside Delhi was an ongoing process, the infrastructure and other support measures need to be taken and may be continued even after the Commonwealth Games were over.

13.56 The Committee was of the view that the Ministry of Culture should be in continuous dialogue with various agencies including state Government to get the makeover at the earliest.

13.57 The Committee expressed its anguish on the lack of initiative to be taken by DJB. The situation of Yamuna River was worsening. DDA should also expedite the work of setting up the Biodiversity Park.

(d) 154th Report Demands for Grants (2010-2011) of Ministry of Tourism

13.58 The One Hundred Fifty Fourth Report of the Committee which was presented to the House on 20th April, 2010 dealt with examination of Demands for Grants in respect of Ministry of Tourism.

13.59 The Committee observed that the tourism resources of India had the potential to generate significantly higher levels of demand from the domestic and international markets, and if exploited in a sustainable manner, it could prove to be an engine of growth for the economy. The Committee, therefore, recommended that the Government should provide more funds for promoting tourism and tapping the vast and varied potential - modern and ancient.

13.60 The Committee noted that during the year 2009-10, the allocation was reduced to Rs.950.00 crore at RE stage, out of which, an amount of Rs.776.16 crore was likely to be utilized till Feb. 2010. Thus, 19% of allocation was likely to be utilized in just one month. The Committee does not approve the practice of last minute spending at the fag end of the financial year. The Committee in its earlier Reports, had conveyed this feeling to the Ministries concerned. The Ministry should follow the existing norms strictly to ensure that the funds are utilized, as far as possible, evenly throughout the year. The Committee also does not find any reason for reducing the allocation at RE stage. Tourism was the largest service industry with a contribution of 6.23 % of the GDP and 8.78% of the total employment in India. Since Tourism projects were implemented by the States, there was need to sensitize them to ensure optimum utilization of funds and issuing user utilization certificates on time. The Ministry should make concerted efforts and evolve a coordination mechanism with the States.

13.61 The Committee, however, found that in the case of utilization of fund for product/infrastructure development for circuit during 2007-08, 2008-09 and 2009-10, expenditure has been more than what was allocated in the budget. The Committee recommended that if the schemes are chalked out well in time by the Ministry, they can approach the Planning Commission /Ministry of Finance for allocation of more funds at BE stage itself.

13.62 The Committee was of the view that the Ministry should make all out efforts for the development of a particular circuit which was approved for implementation. Moreover various States should coordinate and develop inter-state circuits. Southern and central circuits need to be developed with more emphasis on travel connectivity.

13.63 The Committee finds no justification for making provision of plan outlay in the Budget under the Head-Creation of Land Bank for Hotels when the plan allocation remained unutilized since the inception of the scheme. The Committee, therefore, recommended the scheme may be reviewed and modified with view to ensure that development of accommodation for tourists is not affected.

13.64 The Committee came to know that ITDC was doing the illumination work in some of the major monuments in Delhi. Further, ITDC also host light & sound show in some of the monuments which were being appreciated. Particularly Delhi will be hosting XIX Commonwealth Games this year the light and Sound show can be used to attract more tourist and to acquaint them with the history as well as majesty of our famous monuments. The Committee, therefore, recommended that the Ministry should ensure that this year sufficient funds are allocated to ITDC for this job.

13.65 The Committee noted the projects and funds sanctioned to various States. However, the Committee was not aware of the targets fixed for completion of these projects. It had also come to the notice of the Committee that in some cases projects received from the State Governments are not processed/ sanctioned in time which resulted in delay and non-utilisation of funds. The Committee, therefore, recommended that the progress of these projects need to be monitored regularly to ensure that there was no delay and cost overrun in the projects.

13.66 The way-side facilities may appear to be insignificant things in comparison to other tourism infrastructure, these are, however, very important from the tourist’s point of view. The Committee desired that this scheme needs to be widely publicized and the States be impressed upon to take benefit from this. In fact, the Ministry of Tourism should set target for each State and implementation of the scheme should be monitored in a time-bound manner.

13.67 The Committee recommended that Ministry may consider evolving the approach for development of region/state-wise tourism infrastructure development in order to promote the domestic tourism more vigorously which had a great potential. The Committee was of the view that such approach may generate interest among the local people and Government of the State concerned which can ensure their speedy development and timely completion.

13.68 The Committee was of the view that Ministry of tourism should concentrate on promoting accommodation for the domestic tourists who usually prefer affordable and safe accommodation rather than the costly star hotels. The Committee, therefore, recommended that budget hotels aimed at the domestic tourists should also be given priority by the Ministry of Tourism and accordingly all the promotional measures and tax benefits should also to be extended to the budget hotels and restaurants also.

13.69 The Committee noted that huge amount was pending with various State Governments and they were yet to complete the projects and submit the utilization certificates. The Committee recommended that the Ministry of Tourism should pursue with the State Governments to identify the reasons for delay of each of the projects and if it was found that the project was not feasible due to one or the other reasons, alternate projects may be allowed for the States. The Committee also recommended that in future projects may be allowed only after getting all the necessary clearance from various agencies.

13.70 The Committee also pointed out that in many cases the projects were approved without doing adequate home work and later on abandoned midway, because of functional and operational difficulties. The Committee noted that in certain cases even 80 percent of the total sanctioned amount was released to the project, but later on it was abandoned due to unknown reasons. This was because of poor planning and implementation methodology adopted by the Ministry while sanctioning the projects. The Committee in this respect was of the view that before a project was approved by the ministry, they should ensure the feasibility of the project and get all the necessary clearances from other related agencies before releasing the money.

13.71 The Committee conveys its displeasure over the way the projects are sanctioned and implemented by the Ministry where there were lots of wastages of money and manpower. Land related issues and environmental clearances should be dealt with in order to ensure a smooth implementation and completion of the projects.

13.72 The Committee notes that out of Rs.54 crore approved for domestic campaign for the year 2009-10, only an amount of Rs. 16.11 crore was expected to be utilized till December. It presented a very dismal state of affairs. The Committee found that the actual utilization, in the domestic tourism promotion measures up to the month of February 2010, was only 30 percent of the budgetary provision during 2009-10 and how the remaining funds would be utilized within a month in a suitable and effective manner, was not known. It seemed that the Ministry’s main focus is on overseas campaigning and had neglected the domestic tourism promotion activities. It must be noted that domestic tourism has great importance as a large number of people were visiting places in connection with marriage, pilgrimage and other such occasions where overtly or covertly tourism is promoted. The Committee felts that there was need to tap the existing domestic market by informing domestic travelers through sustained campaigning.

13.73 The Committee recommended that the promotion of domestic tourists should be the main agenda of the Ministry of Tourism as compared to the domestic tourists, the number of foreign tourists was very miniscule. The state Governments must also be involved in the process. The domestic campaign should also concentrate on the facilities etc. available at major tourist spots and the means and modes of transportation to reach those places. The malpractices and misleading propaganda of touts and middlemen at tourist place also be brought out through domestic campaigns.

13.74 The Committee noted that the Incredible India campaign launched abroad had brought in foreign tourists to various parts of country. This had also helped tourist and gained popularity amongst travellers all over the world. The Committee recommended that allocation made under this head should be utilized scrupulously for continuing the overseas campaign so that more foreign tourists are attracted and in turn help foreign exchange earnings.

13.75 The Committee expressed its serious concern for over sensitizing even local issues which hampers the tourism promotion. The Committee criticized the way in which the terrorist attacks, the swine flu and stray cases of harassment of foreign tourists etc, were handled, had quite an adverse impact over the image of India abroad. The Committee was of the view that the Ministry should take necessary steps in ensuring that media should not unnecessarily create panic.

13.76 The Committee was not satisfied with the efforts made by the Ministry regarding human resource development. The Government had not made sufficient plan outlay under the head 'assistance for manpower training'. In the year 2009- 10, an amount of Rs.100.70 crore was allocated. For the 2010-11 there was negligible increase in the plan outlay i.e. Rs.102.50 crore. The Committee was constrained to note that up to February 2010, only 64% of plan outlay was likely to be utilized. Government had plans to set up new IHM in various parts of the country. However, the Committee had not been informed whether any target has been fixed for completion of these institutes. The Committee felt that the huge shortage of about 1.9 lakhs could not be met only by the Government's initiatives alone. The Committee recommended that the universities under the UGC and the technical institutions under AICTE may be encouraged to open courses on hospitality industry and necessary financial assistance for infrastructural and other required facilities may be extended by the Ministry of Tourism. They should come out with ambitious courses in coordination with the hospitality industry which would provide employability to those opting for the courses in those universities and technical institutions. External support might be extended by the Ministry of Tourism to these agencies as they have the men and material for conducting quality courses.

13.77 The Committee was concerned that with a huge manpower and resources within the country, it seems the will to facilitate tourist visiting India was lacking on the part of Government. Tourism Sector cannot grow without the support of guides. Often foreign visitors complain of lack of guides as they are made to suffer from the hands of touts. With thousands of historical places and monuments all over the country, there was need to have interpretation centres from where tourists could obtain all information regarding a particular site.

13.78 The Committee felt that in consultation with UGC and AICTE, the Ministry should devise short duration courses to overcome the shortage of tourists guides. Further, foreign language courses should also be encouraged by introducing suitable schemes in colleges and educational institutions. The Ministry of Tourism should also come forward to provide financial assistance to those institutions and universities for starting foreign language courses/imparting training in foreign languages.

13.79 The computerization and IT were essential components of promotion and publicity campaign and for collecting data. The Committee, however, noted that the allocation and its utilization for the schemes under computerization and IT had been falling year by year. The actual expenditure of Rs.21.56 crore during 2007-08 had gone down to Rs.9.91 crore (upto Feb.2010) against an allocation of Rs.14 crore for the year 2009-10. The actual expenditure up to the month of December was a mere Rs.0.58 crore while within a period of two months, upto Rs. 9.33 crore was expended till February 2010. The Committee recommended that higher allocation may be made for the scheme. The Government should also take adequate steps to monitor the implementation of the programme to ensure that amount allocated was not only utilized fully but evenly throughout the year, last minute spending must be avoided.

13.80 The Committee recommended that Ministry of Tourism take up the issue of private websites which look alike official website of Ministry of Tourism to ensure that they are not misguiding and misleading the tourists both domestic and foreign. The Committee should be apprised of the remedial action taken by the Ministry in this regard. The Committee also recommended the Ministry of Tourism to take steps to make the website more attractive and user friendly. The websites of other agencies and private tour operators should be upgraded and a link provided between them to facilitate tourists.

13.81 The Committee noted the efforts so far made by the Ministry of Tourism in view of the Commonwealth Games 2010. The Committee was of the view that the Commonwealth Games should not have been seen only as one time sporting event, but efforts should have been made to utilize the influx of the people who will be coming here, as an opportunity to showcase India and promote tourism. All out efforts may be made to ensure that the tourism potential was exploited to the maximum and the entire administrative machinery of the Ministry of Tourism should be sensitized to meet that goal.

13.82 The Committee also noted that the Ministry had not made any study or assessment about the arrival of domestic tourists during the Games and they are ignorant about the facilities and amenities required for the domestic tourists. The Committee, therefore, recommended that the Ministry may take adequate measures to ensure that the domestic tourists are also having a pleasurable experience during the Games.

13.83 The Committee was of the view that policing of tourists was an important aspect and it should be given paramount importance to ensure that India was recognized as popular tourist destination. Many of the States have not constituted the tourism police and wherever they are constituted it was just tokenism. The Committee therefore recommended that all the State Governments may be pursued to create effective police mechanism to protect the tourists.

13.84 The Committee noted the initiative of the Government in bringing “Delhi Prevention of Malpractice and Touting Bills 2009”. The Committee recommended that other State Governments may also be persuaded to bring out the similar legislations so that the menace of touts and middlemen are controlled throughout India.

13.85 The Committee notes that ITDC is getting revived due to CWG and hopes that they will be able to stand on its feet and compete in the market in term of hospitality and facilities. The Committee recommends that all the ITDC hotels may be allowed to function on a professional way and any procedural difficulties and bureaucratic interference may be minimized to enable them to compete with the private sector players in the sector.

13.86 The Committee recommended that the tourism should be eco-friendly and it should not interfere with the ecosystem. The Committee also recommended that strict action should be taken against all who were violating the prescribed norms and setting hotels etc in the restricted area, and ecologically sensitive forest areas.

13.87 The Committee notes that there was enough scope for linking the historical and religious place of Jammu and Kashmir in the world tourism by giving sufficient infrastructural facilities adequate publicity and authoritative information. The Committee recommended that Bangus valley and Neelnag, (District Budgam) in Jammu and Kashmir-need to be developed as a major tourist destination.

13.88 The Committee observed that LTC concessions for the Government employees had a major role in domestic tourism promotion. The scheme for a particular region should be kept live for a considerable period of time so that other concerned agencies like Indian Airlines, hoteliers, Railways etc could also introduce some long term measures. It was also pertinent to mention that the LTC package as provided by the AI does not have enough seat availability under the package and that employees some times not able to find a suitable itinerary. The matter need to be taken up with the Ministry of Civil Aviation.

13.89 Domestic tourism was getting comparatively lesser importance by the Ministry, which leaves most local tourism potential unexploited. More infrastructure development was needed, keeping in view the domestic tourists potential. The target set for each and every projects need a review and a more scientific approach should be adopted.

13.90 The Committee also pointed out that travel by train was an integral part of the domestic tourism. Moreover, many exclusive tourist trains had started plying exclusively for the tourists. The Committee recommended that Ministry of Tourism should coordinate with the Railway authorities in order to provide safe, secure and enjoyable to the tourists.

13.91 The Committee noted that connectivity to tourist destination was the pivotal aspect of the development of tourism. Many of the areas which had huge tourism potential were left out by the Ministry of Civil Aviation, Ministry of Railways and Ministry of Road Transport and Highways. For instance, Thekkady and Bekal Fort were the two major tourist destinations in Kerala. If helicopter services were started in these areas lot of tourists will be attracted to these areas and it would be a big boost for tourism in these two places. The Committee recommended that the Ministry of Tourism may take up with the Ministry of Civil Aviation and Airports Authority of India to construct airstrips in Thekkady and Bekal Fort in Kerala.

(e) 155th Report Demands for Grants (2010-2011) of Ministry of Road Transport and Highways

13.92 The One Hundred Fifty Fifth Report of the Committee which was presented to the House on 20th April, 2010 dealt with examination of Demands for Grants in respect of Ministry of Road Transport and Highways.

13.93 The Committee noted that many road projects were delayed due to delay in obtaining necessary clearances including environmental clearance. The Committee recommended that the Ministry of Road Transport should obtain the environmental clearance before finalizing or awarding the cost of project, not vice-versa.

13.94 Secretary, Ministry of Road Transport and Highways accepted before the Committee that there exists strong nexus between different elements involved in road construction, maintenance, etc. that leads to corruption and delay in this sector. The Committee was also aware of the existence of such a nexus leading to corruption and delays not only in this sector but in other sectors as well. A substantial portion of our developmental funds was being siphoned off, as a result of which, the desired benefits of our schemes and programmes are not reaching upto the ground level. What worries the Committee most was the general sense of helplessness in fighting out this unholy nexus and the consequent alarmingly high “delivery leakages”. The Committee could not find any serious attempt made or proposed against such a nexus in the road sector. The Committee would like to know the steps taken or proposed by the Ministry and NHAI in this regard.

13.95 The Committee noted that apart from land acquisition and various clearances, poor performance of contractors was another major reason for delay in road projects. Possibility of a nexus between middlemen, bad contractors and corrupt officials to delay the projects can not be ruled out. Ministry's officials could not give any information about the projects delayed due to poor performance of contractors, in fact only one contractor had been blacklisted so far. The Committee recommended that the Ministry should compile the information regarding non-performing contractors and they should be black listed.

13.96 The Committee was very much concerned over the tardy progress of projects under NHDP. The Committee failed to understand the logic behind delay in completion of NS and EW corridors even after the lapse of reasonable period. The Committee felt that the NHAI which was having sufficient funds in its coffer is not serious in implementing major projects up to

its potential. The Committee was of the opinion that expanding NHDP further without completing the NHDP phase I and II even in the extended schedule would not going to yield any result. The Committee would also like to have the information on the guidelines/policies followed by NHAI on rehabilitation of land owners for the land acquired for road projects. The Committee was of the opinion that the NHAI was not following standard guidelines in the case of offering compensation to the landowners in road projects. The Committee hoped that NHAI will concentrate more on development of roads rather than finding venues to fill its coffers.

13.97 The Committee felt that the toll policy in perpetuity was fundamentally wrong and it needs to be reviewed according to the changing situations. The Committee noted that there were instances of collecting tolls from areas where condition of the roads were so poor. There were also instances that 23 toll plazas being operated in a stretch of 60 kms of National Highway -62 in Meghalaya. The Committee, therefore, recommended that the Rules and Regulations regarding collection of toll should be revisited and brought at par with the modern day requirements of road users instead of keeping it as an instrument of unjust profiteering by unscrupulous elements.

13.98 The Committee while examining the demands of the Ministry felt that one of the major impediments in implementing road projects whether it is NHDP or non-NHDP was the absence of an effective coordination among different agencies at different level and at various stages of road constructions. The Committee was of the opinion that absence of such a mechanism in road projects causes delay at every stage from conception to final operation. Issues like quality of and safety on roads, development and maintenance of national highways, tolling policy, land acquisition and role of States, corruption such that they need to be taken for further consideration separately.

13.99 The Committee also felt that the Ministry should give adequate importance to road safety as that of development of national highways. The Committee found that the Indian roads lack way side amenities to users. The Committee feels that the Ministry should give ample consideration in this aspect by providing parking facilities, cafeterias and trauma care centers along national highways and strategically important roads.

(f) 156th Report Demands for Grants (2010-2011) of Ministry of Shipping

13.100 The One Hundred Fifty Sixth Report of the Committee which was presented to the House on 22nd April, 2010 dealt with examination of demands for Grants in respect of Ministry of Shipping.

13.101 The Committee expressed dismay over non-utilization of funds under Ship Building Subsidy Scheme till date, though the Scheme was discontinued in August, 2007. The reason given to the Committee was that it being a 'well defined’ Scheme with ‘fairly rigid and detailed requirement’, none of the applications pertaining to pre-2007 cases were found complete, where ‘in principle’ approval was given. It appeared to the Committee that the Scheme had not been structured properly and was full of inherent complications. It sounds very strange that the requirement under the scheme were so unrealistic that these could not be met so far since 2007. The Committee recommended the Government to revisit this scheme by taking a practical and holistic view. And if it wishes to utilize the amount kept for the Subsidy Scheme, the applicants be helped to meet the requirement to avail the benefit of the Scheme.

13.102 The Committee was of the view that the ports play a major role in the economic development of the country. The Committee, however, noted that the major ports of the country were already facing stiff competition from the ports of neighbouring countries particularly from Srilanka and Singapore. Now, development of private and minor ports were taking away the business of Major Ports. This according to the Committee was clear reflection on the manner in which the Government were handling the affairs of the Major Ports, wherein the crore of rupees of tax payers had been invested. The Committee recommended that the Government should ensure level playing field for the Major Ports so that they could perform and compete with private and minor ports.

13.103 The Committee was of the view that the International Container Transshipment Terminal (ICTT) project was one of its kind in the world and it would not only boost the maritime position of India, the cargo handling capacity of the country would also increase considerably, once the project was fully operationalised. The Committee was, however, concerned to note the slow pace of work of the Vallarpadam transshipment terminal. The Committee noted that the commissioning of the ICTT had been delayed due to one reason or other. The Committee recommended that the Ministry of Shipping should prevail upon their own contractors and coordinate with concerned Government agencies like NHAI to ensure that all the necessary facilities were constructed in time for the operationalization of the ICTT, with utmost priority.

13.104 The Committee observed that there was a shortfall of 96.3% and 83.6% in the carriage of cargo capacity and carriage of POL/Liquid cargo capacity respectively. The foreign vessels were enjoying almost 90% of Indian Cargo business. The Committee observed that quite a large number of cargo vessels are more than 25 years old and that dry cargo like iron ore which was a major component of the Indian export could not be carried by these old vessels. The Committee was of the view that if the steps are not taken to augment the fleet capacity in general cargo/container segment and tanker tonnage, the carriage capacity of India may further diminish in the coming years. The Committee therefore recommended that the Ministry of Shipping should prepare concrete plans and arrange for resources to build/procure more vessels.

13.105 The Committee noted that the Indian Maritime University was set up on 14th November, 2008 in Chennai. IMU was the first and only Maritime University in the country. The Committee, however, noted an apparent lack of sincerity on the part of the Government in expediting the establishment of the University. It was evident from the fact that for want of approval and clearances from the Expenditure Finance Committee (EFC) and Cabinet Committee on Economic Affairs (CCEA), an amount of Rs.53.80 crore allocated in BE 2009-10 was reduced to Rs.5.53 crore at the RE stage. The Committee hoped that the Government would accept the demand of a sum of Rs. 282 crore required for over a period of time for the development of infrastructure. The Committee was also aware of the fact that there was a great shortage of trained and skilled manpower in maritime sector. The Committee, therefore, recommended that the Government should make all possible efforts to start new courses and augment the number of students intake in the premier marine institutes. The Committee strongly recommended that adequate additional grants might be given for the above programmes.

13.106 The Committee noted that an allocation of mere Rs.115 crore had been made for the IWAI for the year 2010-13. The Committee was of the view that the amount was inadequate even to meet the maintenance of the existing operational waterways. Since this allocation was not sufficient even for ongoing projects of National Waterways 1, 2 & 3, effectively no fund would be available for the new National Waterways, except token provision of Rs 1 crore each for NW 4 & 5. The Committee also noted the facts presented by the Ministry that the total cost of development of National Waterway 4 was of the order of Rs. 1500 crore and that of National Waterway 5 was of the order of Rs. 4200 crore. If both these projects were to be completed in a period of 5-8 years, it was estimated that Rs.5700 crore would be required for taking up development of these two waterways. The Committee, therefore, recommended the Planning Commission to provide this amount during remaining two years of the 11th Plan and the 12th Plan.

13.107 The Committee was constrained to note that despite being recommended a number of times, the Government had not been able to come up with a package for the revival of CIWTC.

13.108 The Committee recommended that in a democratic welfare State, interest of employees and their livelihood must find uppermost consideration, while taking a decision which is adversely affecting CIWTC employees. Before taking final decision with regard to the viability of CIWTC the Committee again recommended that the matter may be got examined by a high power expert Committee and job security and livelihood of the employees must be ensured.

13.109 The Committee felt that safety and security of the seafaring vessels need to be given paramount importance, especially in view of the increasing piracy and theft of cargo. The Committee, was however constrained to note that an amount of Rs.48.96 crore which had to be reduced to Rs.12 crore at RE stage for want of utilization of funds by the Ministry of Defence. The Committee also noted that no justification had been given for not accepting the demand of Ministry of Defence for Rs.100 crore for the survey vessels. The Committee would like to have an explanation in the matter.

13.110 The Committee notes that dredging of the Hooghly River is very essential for the survival of the Kolkata port. The Committee also notes that the policy of reimbursement of 100% of the cost of dredging by the Central Government had been referred to the Cabinet for a fresh mandate. The Committee recommended that the Central Government should continue to reimburse the entire cost of the dredging at Haldia River system and the related Channels as the Kolkata Port was not in a position to bear the cost.

13.111 The Committee also felt that Indian ports need to be modernized at the earliest so that with the arrival of modern equipments in the ports, the port capacity would considerably increase along with increase in cargo movements. The Committee felt that consequently, the profitability increases and in a phased manner the cargo handling cost factor and the capacity factor could be brought at par with the international levels. Thus the problem of poor infrastructure and high levels of manual handling of work could be managed in a better way.

(g) 157th Report Demands for Grants (2010-2011) of Ministry of Culture

13.112 The One Hundred Fifty Seventh Report of the Committee which was presented to the House on 22nd April, 2010 dealt with examination of Demands for Grants in respect of Ministry of Culture.

13.113 There was a need for common entry ticketing system alongwith availability of tickets on Internet. The Committee felt that unifying the entry system to the various monuments under the control of ASI as well as the tourists booking their entry tickets through Internet would be of great help to tourist. The common entry ticket system needs to be introduced before the Commonwealth Games 2010. The Committee recommended that the ASI should coordinate with the Ministry of Tourism to ensure that the tourists had a pleasant and hassle free experience during their visit to various monuments. The Committee further recommended that cleanliness and other basic facilities may be ensured at all the monuments.

13.114 The shortage of staff and monument attendants was a serious problem affecting the safety, security and upkeep of various monuments adversely. The monuments need to be protected just like any other assets of nation. The Committee, therefore, recommended that the Government should make efforts on a war footing to ensure that staff strength as recommended by various Committees may be increased and personnel are posted at the earliest.

13.115 The Committee recommended that for preservation of our monuments activities should be decentralized. The historical monuments can be better protected by the involvement of local people. The Ministry should come out with a decentralized and

integrated mechanism that would fill the gaps existing today in this regard. The Committee has already expressed its serious reservation about the proposed National Heritage Commission that it will not be able to address the major issues currently faced in identifying, developing, protecting, etc. of our rich heritage scattered all over the country from Delhi to Talukas and remote villages.

13.116 The committee recommended that the government should take speedy action on the proposal of restructuring of horticulture branch of asi so that they can take additional activities.

13.117 The Committee was concerned at the lack of coordination between the Central and State Governments. So much so, the ASI was not aware of the steps taken by the State Governments to protect their monuments. The monuments under the control of State Governments also need to be preserved and protected. The Committee recommended that the Ministry of Culture should ensure that the monuments under the control of State Governments are also protected and maintained. If necessary, the Ministry should also explore the possibility of giving adequate finance to the State authorities in this regard. The Committee was of the view that Government needs to take effective steps to coordinate and facilitate the monitoring of protection of monuments by State Governments.

13.118 The Committee noted that despite there being strict rules under the Ancient Monuments and Archaeological Sites and Remains Act 1958, the problem of encroachment of monuments could not be checked. The Committee was informed that the 35 monuments, all managed by the Central Government, could not be traced. Delhi, the headquarters of Archeological Survey of India, tops the list with 12 untraceable monuments. They now exist only in memory and in history books. The Committee would like to invite the attention of the Government to the plight of the older Forts in the country. Many of those Forts are made up of dry sandstone on foundations of clay, sand and rock. These forts are facing the problem of encroachments also. These forts are ill-maintained and in a dilapidated condition. The growth of tourism and the large number of visitors are putting unbearable pressure on the structures.

13.119 The Committee recommended that the Ministry of Culture should take up the matter with the concerned State Governments and other authorities to ensure that the Forts which were part of our cultural heritage are not further damaged due to human action. The Committee also recommends that the Ministry should take effective steps to protect the forts from neglect and destruction.

13.120 The committee felt that since in the removal of encroachment, the major role has to be played by the state government, their stake has to be properly recognized. The ministry should initiate consultation with state government and work out a plan for rehabilitation. Financial assistance for heritage protection needs to be increased. The committee recommended for a separate allocation for dealing with illegal encroachments in asi monuments and rehabilitation to solve this perennial problem.

13.121 The Committee noted that National Archives of India had highly competent professionals in the field of Archives record management, conservation, reprography and other related fields of Archival Science. The National Archives has great task before it of managing records. The Committee is also of the view that the National Archives should conduct regular courses for the employees of Government offices and if possible depute staff from its organization to assist various offices to maintain record in a better way.

13.122 The Committee noted that India had a number of Museums under its control, both Government and private. The allocation to the Museums was enough as is evident from the utilisation of allocation under Museum head. In 2009-10, allocation of Rs. 72.36 crore was made. The actual expenditure upto 31st March, 2010 was Rs. 71.50 crore. However, there was need for detailed pamphlets listing numerous exhibitions, IMAX and Space Shows, optional audio tours for an extra fee, special lectures and the Restaurants which can create interest in the minds of people.

13.123 There is also need to review the timings of the Museum which should be extended in evening hours keeping in view that in most part of India, days are very hot. During School vacations, time should be extended so that children can visit it in the evenings with their parents. Further, Security should be strengthened in all the museums. The punishment for doing any damage to the museum should be explicitly displayed at all the prominent places.

13.124 India's brilliant IT and engineering brains could be garnered to design new and exciting exhibits, marking the beginning of transforming museums into "edutainment" destinations.

13.125 The Committee noted that the Central Secretariat Library with a huge depository of books and volumes are not accessible to the common public due to security reasons. The Committee recommended that the Central Secretariat Library may be moved out of the high security area and housed at a place where the researchers, students, academician and general public can access it. The Ministry of Culture may also explore the possibility of constructing a new campus for the Central Secretariat Library.

13.126 The Committee was at a loss to note that there was no mechanism to reflect the expenditure incurred for North-East in the same financial year. Thus the Committee founds the accounting procedure complex and it was not known how much expenditure was incurred for North-East Region. Besides this how much the excess expenditure includes the component of North-East Region was not clear. The Committee, therefore, recommended that existing accounting system should be modified in consultation with C&AG and simplified to give a true picture of the fund available and expenditure incurred for each scheme/project in North-East Region.

(h) 158th Report Demands for Grants (2010-2011) of Ministry of Civil Aviation

13.127 The One Hundred Fifty Eighth Report of the Committee which was presented to the House on 22nd April, 2010 dealt with examination of Demands for Grants in respect of Ministry of Civil Aviation.

13.128 The Committee felt that the NACIL had to put its act together as early as possible for reclaiming its ‘maharaja’ status. The Committee was of the opinion that NACIL had to be careful to ensure that the merger related issues not make any negative impact on its growth. Committee felt that the Government should give more autonomy to this PSU and not impose its decisions on NACIL. The Committee found that NACIL still needs some aggressive marketing and promotional strategies to strengthen its presence in domestic and international markets. The Committee hoped that with the induction of new aircrafts NACIL should be in a position to expand its air services to the length and breadth of the country. The international connectivity from Guwahati and Srinagar needs to be reviewed and adequate actions might be taken. The Committee also felt that the NACIL should revisit the underutilized bilaterals signed in the past and try to add more services with the new aircrafts.

13.129 The Committee noted that AAI had been able to utilize around 95 % of the revised estimates for the year 2009-10. The Committee, while appreciating the commitment of AAI in developing airport infrastructure and other facilities in the country, felt that the potential and expertise available with mini-navratna PSU was not being fully utilized. The Committee felt that with the highly trained and experienced manpower, the AAI could give tough competition to the private airport developers subject to financial and other operational autonomy available to them. The Committee hoped that the AAI would perform in the coming year true to its potential.

13.130 The Committee felt that the airports in North-Eastern Region need more attention from the AAI. Development of airports in Guwahati, Dibruagarh and Teju should be given due consideration for improvement of facilities at these airports.

13.131 The Committee observed that Pawan Hans Helicopter Limited had performed reasonably well in the last year without having additional man power and capacity addition. The fleet serviceability had improved from 66% in 2006-07 to 83% in 2009-10. The operating profit had remarkably increased from mere Rs.2.78 crore in 2006-07 to Rs.34.00 crore in 2009-10. The Committee appreciated the performance of Pawan Hans Helicopters Limited despite the fact that the overall performance of helicopter industry has not been good. The Committee hoped that PHHL would keep up with this performance and would not be complacent in future. The Committee expected a major role from the reliable helicopter service provider during the Common Wealth Games 2010, Delhi for a better connectivity to tourists and business community and also for emergency/ disaster management. The Committee was of the opinion that PHHL should lend their hands in promotion of unexplored tourist destinations by expanding their commercial operations to such places in consultation with AAI.

13.132 The Committee noted that against Rs.2 crore plan outlay in 2008-09, the DGCA had been allocated Rs.86 crores in 2010-13. This manifold increase in the allocation was in keeping with the need for strengthening of this aviation regulatory body in the country. The Committee hoped that the proposed Safety Programme would be developed as per the schedule, so that airlines and airports followed the uniform safety programmes seriously. The Committee hoped that long pending construction of new building for DGCA would get its final shape as shortcomings in infrastructure should not make the regulator handicapped in performance of its designated role. The Committee was constrained to note that a number of critical posts were kept vacant for years together. The Committee was of the view that fiscal restrictions should not be imposed mechanically and operational requirement of the post must be considered before deciding to abolish or keeping the post vacant. The Committee further felt that recruitment for filling up the newly created posts would be completed as per schedule to ease the pressure on the existing staff. The Committee had decided to examine the whole gamut of issue relating to DGCA including its authority, manpower, etc. separately.

13.133 The Committee found that there was a major increase in allocation of funds to BCAS under the plan head which clearly indicated the role of BCAS to play in the coming years. The Committee hoped that issues revolving around the construction of its headquarters building would be sorted out at the earliest. The Committee was of the opinion that introduction of biometric passes would strengthen the security apparatus of the airports and would restrict the entry of unauthorized persons in sensitive areas.

13.134 The Committee found that enhanced Grants-in-aid to Aero Club of India would be expended judiciously as strengthening of this institution would meet the demands of qualified pilots and maintenance engineers for aviation industry.

13.135 The Committee on scrutinizing of budget papers of Ministry of Civil Aviation found that the over all performance of the Ministry during the last year had been almost satisfactory. The Committee felt that strengthening of aviation infrastructure, inculcating corporate governance in NACIL, promotion of helicopter tourism, strengthening and restructuring of DGCA and BCAS, empowering AAI and providing it a level playing field in development and modernization of airports, etc. were some of the major areas where the Ministry has to take some initiatives. Shortage of pilots, Air Traffic Controllers, Aerodrome Inspectors, Helicopter inspectors was also major cause of concern. The Committee felt that unless the Ministry addresses these issues with a sense of urgency, it could not keep the present momentum of the industry for long. The Committee was of the opinion that the Ministry would take all the necessary steps to meet shortage of man power so that the mismatch in demand and

supply in aviation market is addressed successfully. The Committee further hoped that the Ministry would take more steps to make air travel an affordable, reliable and safe one.

(i) 159th Report Action taken by the Government on the recommendations/ observations of the Committee contained in its One Hundred and Thirty First Report on Closure of Bangalore & Hyderabad Airports; One Hundred and Forty First Report on Modernisation of Airports; and One Hundred and Forty Second Report on Functioning of Private Airports

13.136 The One Hundred Fifty Ninth Report was an Action Taken Report prepared on the basis of Action Taken Replies submitted by Ministry of Civil Aviation on the recommendations of the Committee contained in its One Hundred Thirty First, One Hundred Forty First and One Hundred Forty Second Reports on the modernization of airports and other related issues.

13.137 The Committee was not convinced with the replies of the Government on the closure of the old airports at Bangalore and Hyderabad. The Committee felt that the replies submitted by the Government are incomplete and the Government was taking shelter behind Concession Agreements signed with the developers of the new Greenfield airports for closing the old airports. The Committee was of the opinion that by closing these airports, Government had indirectly promoted the business interest of the private airport operators. The Committee felt that the Government had opened a Pandora’s Box and all the concessionaires in future will insist on closing the Government owned old airports to thwart competition to them. The Committee was of the opinion that the Government still had ample time to revisit the issue and make use of the closed old airports which were built by tax payers’ money. The Committee considered the reluctance shown by the Government in this issue very unfortunate. The Committee considered the argument of the Government that operation of two airports in the same city would jeopardize the safety of the aircrafts and create difficulties for ATC operations, fallacious and erroneous, mainly because the old airports are still handling VIP flights, charter flights and helicopter. Strangely, these operations were hampering neither the safety of the aircrafts nor the operations of the ATC. The Committee, therefore, once again recommended that the Government instead of providing such unconvincing excuses should operationalise the old airports at Bangalore and Hyderabad without any delay.

13.138 The Committee felt that the UDF levied by private airport operators on the travelling public was really uncalled for. The Committee felt that the Government should had advised the private airport operators to venture into the capital market to raise the required funds rather than imposing the UDF on the public. At a time when air fare is already soaring, common passengers should not be burdened with UDF. The Committee noted that Airports Authority of India was not allowed to charge UDF on same criteria by the Ministry of Civil Aviation. The Committee felt that permitting the private operators to charge UDF was an example of double standard adopted by the Government discriminating against its own PSU and favouring the private airports.

13.139 The Committee noted that a substantial number of employees of AAI had not opted for absorption with DIAL and MIAL developing Delhi and Mumbai airports respectively. Employees absorbed by MIAL are around 7.17% of total General Employees available for absorption (i.e. total employees handed over to MIAL, less retired/expired etc.). It seems the package offered was not attractive enough to leave AAI. The reply also does not present a clear picture about the employees of AAI –– how many retired, retained and opted for private airports. It seems Ministry of Civil Aviation was not concerned with the problems of the employees of AAI. The employees are still representing their grievances to various agencies for acceptable redressal. The Committee recommended that efforts should be made to settle the grievances of AAI in a time bound manner. The Committee also hoped that the Government would give due importance to Airports Authority of India Act rather than OMDA or concessionaire agreements signed with the private operators while dealing with issues related to employees in future. The Committee desired to have the latest information on the status of employees of AAI in the Delhi International Airport Limited and Mumbai International Airport Limited.

13.140 The Committee was afraid that the Airports Authority of India would be burdened with the surplus employees at Delhi and Mumbai due to non-absorption by the private airport operators, which would make a dent on the already depleted resources of the Airports Authority of India. The Committee recommended that the Government should intervene in the matter to ensure that the employees and Airports Authority of India did not suffer due to privatization of airports at Mumbai and Delhi.

13.141 The Committee desired that the Government should impress upon the private airport operators to offer their services at an affordable price to the travelling public.

13.142 The Committee noted the reply of the Government and still feels that real picture as reported by the media and from the experience of the Members of the Committee are totally different from the one portrayed by the Government. The development of infrastructure of terminal building and approach flyover facilities at Mumbai airport, etc., are not satisfactory. The Committee noted that everyday there is some report of difficulties being faced by the passengers at Mumbai and Delhi airports. The Committee, therefore, further recommended that the Monitoring Mechanism might be further strengthened to ensure that the modernization process took place as scheduled. The Committee might be supplied with reports submitted by the independent engineers and minutes of the OIOC meetings of the last one year.

(j) 160th Report The National Road Safety and Traffic Management Board Bill, 2010

13.143 The National Road Safety and Traffic Management Board Bill, 2010 was introduced in the Lok Sabha on the 4th May, 2010 and was referred to the Committee for examination and report.

13.144 The Committee found that currently, almost all the issues relating to the road safety are being taken care of in the existing framework at the Central and State levels, supported by academic institutions, private sector, industry and NGOs.

13.145 The Committee was of the view that in the name of having an integrated mechanism, it was, in fact, creating yet another institution adding to the existing ones, instead of reducing their numbers. To this extent, this approach appears to be contradictory. The Committee was also, no doubt, aware of the weaknesses in the existing framework, which is why, it had itself suggested in its 135th and 144th Reports to put a coordinating agency in place. The proposed Board, however, does not appear to have a holistic perspective and is hence incomplete.

13.146 The need, in fact, was to bring about a synergy and better coordination between these units/organizations by strengthening the existing mechanism and making it effective, rather than creating another one. The Committee was surprised to see that the proposed Board, the stated objective of which was to effect coordination amongst the existing bodies/institutions, had not been empowered to do so, by the present Bill.

13.147 The Committee found that the Board shall have power to make recommendations pertaining to road safety and traffic management, only in relation to national highways. This will limit the mandate of the Board as more than 70% of the accidents in the country take place on the roads other than the national highways. The National Highway network is just 2% of the total road network in the country.

13.148 The Motor Vehicle (Amendment) Bill, 2007, was considered by the Committee and a number of important recommendations relating to road safety were made. The Committee was of the view that had the Government taken action on the recommendation of the Committee, it would have certainly improved the road safety scenario in the country. While amendment to Motor Vehicle Act is still under consideration of the Government, another Bill relating to road safety has been brought to the Parliament. The Committee does not approve the idea of bringing legislative proposals piecemeal before the Parliament, which is hard pressed for time.

13.149 It was a matter of great concern that Government does not have taken up with a National Road Safety Policy till today. The Committee called upon the Government to expedite the formulation of the National Road Safety Policy.

13.150 The Committee is surprised to note that while the Members of the Board would be having requisite experience in the relevant fields, the Chairperson of the Board would be simply having adequate knowledge and professional experience in administration and road transport. The Committee was constrained to note that the qualification for appointment of Chairperson of the Board has been diluted from what has been suggested by the Sundar Committee.

13.151 Most of the representatives and experts of the road safety who appeared before the Committee indicated about the existence of corruption in different areas of road safety and traffic management right from the design, construction, maintenance and operation of national highways and other roads upto traffic management at the local level. It felt that any measure/mechanism for improving the road safety and traffic management would not be of much impact, unless the menace of corruption in this area is taken care.

13.152 In view of the apprehensions and concerns expressed on various provisions of the Bill, the Committee was of the considered opinion that (i) the present Bill addresses road safety issues relating to national highways only; road safety is a common problem to the national as well as State and other roads; therefore, there had to be a common solution for the common problem; (ii) the present Bill does nowhere provide the Board expressed power of effecting coordination amongst the different agencies; (iii) the powers of the proposed Board will be mainly advisory in nature, which would render it ineffective ; (iv) the powers and functions of the proposed Board would certainly lead to unnecessary duplication adding to the confusion in all the aspects, particularly in regard to the specifications, standards to be laid down for the national highways, which will be different for the State and other roads.

13.153 The Committee also shared the concern about rising accidents/fatalities at our roads and strongly felt that there should be no compromise in our efforts to achieve highest standards of road safety comparable to anywhere in the world. The Committee, therefore, recommended that the present Bill may be withdrawn and the Government should come out with a comprehensive legislation with holistic perspective that addresses the entire gamut of road safety.

(k) 161st Report The Anti-Hijacking (Amendment) Bill, 2010

13.154 The Anti-Hijacking (Amendment) Bill, 2010 was introduced in the Rajya Sabha on the 19th August, 2010 and was referred to the Committee for examination and report.

13.155 The Committee welcomed the proposed amendment which bring conspirators and abettors also within the ambit of offenders and further, to make the law more stringent by ‘death penalty’ to such offenders which is the need of the hour to provide for the same punishment apart from the hijackers, to all those involved, directly or indirectly in the act of hijacking.

13.156 The Committee noticed that from the proposed amendment it was not clear whether the provision of death penalty would be for all the hijackers or it will be, applicable to only those hijackers who kill the hostages/security men. The Committee

was of the opinion that if the death penalty was a foregone conclusion for the offence of hijacking, the opportunities for any negotiation or settlement to save lives of the passengers might be foreclosed. What about the safety of life of passengers and crew when the hijackers are sure that they will get death penalty for their offence? Whether the death penalty would really be deterrence to those hijackers who do it as suicide mission?

13.157 The Committee, however, recommended that death penalty must be made applicable to those offenders whose action results in the death of hostages/security men during the act of hijacking.

13.158 The Committee was not quite convinced by the explanation given by the Ministry of Civil Aviation on the Bill. It noted that the definition of aircraft movement from door-closure to door-opening does not include the forced entry into aircraft and its take-over when the aircraft is on the taxiway at the airport with or without passengers or when pre-flight checking of the aircraft is in progress. The Committee was of the view that the definitions of hijacking need to be widened to include such situations also.

13.159 The Committee felt that the provision for compensation to the victims of high jacking was not provided in the proposed amendment. It felt that when we have a stand-alone legislation for hijacking, it would be appropriate to include all the aspects related or incidental to the Act of hijacking in this legislation itself. The compensation, no doubt, should be an integral part of it. The Committee, therefore, recommended that the Ministry of Civil Aviation should consider including necessary provisions to provide for compensation in the 'Anti-Hijacking Act, 1982’ itself.

ANNEXURE –XIV (See Para 13.5)

List of Meeting for the year 2010

Sl. No.

Date of meeting

Duration Hrs-Mts.

Subject

1 2 3 4

1 8.1.2010 2 .10 Considered and adopted the draft 151st Report on the Functioning and Performance of NACIL, (II) & heard the views of the Secretary, Ministry of Civil Aviation on the Functioning of DGCA and helicopter operations in India

2. 9.2.2010 1.50 Heard the views of the Secretary, Ministry of Shipping on the General overview of the development and modernization of Shipping Sector in the country. Considered and adopted the draft report on Action Taken by the Government on the Recommendations/Observations of the Committee contained in its One Hundred Forty Ninth Report on Development of Tourism Infrastructure and Amenities for the Commonwealth Games Considered and adopted the draft report on Action Taken by the Government on the Recommendations/Observations of the Committee contained in its One Hundred and Fortieth Report on Promotion of Tourism in Jammu and Kashmir

3. 22.3.2010 2.30 Oral evidence of Secretary, Ministry of Road Transport and Highways on Demands for Grants (2010-11)

4, 26.3.2010 3.45 Oral evidence of Secretary, Ministry of Tourism on Demands for Grants (2010-11) Oral evidence of Secretary, Ministry of Shipping on Demands for Grants (2010-11)

5. 07.4.2010 4 .05 Oral evidence of Secretary, Ministry of Civil Aviation on Demands for Grants (2010-11) Consideration and adoption of the Reports: (ii) Oral evidence of Secretary, Ministry of Culture on Demands for Grants (2010-11) Oral evidence of Secretary, Ministry of Culture on Demands for Grants (2010-11).

6. 20.4.2010 1.00 Considered and adopted the draft reports on Demands for Grants (2010-11) of Ministries of Shipping & Civil Aviation and Culture

7. 05.05.2010 0.30 Consider and adopted the draft report on Action Taken by the Government on the observations/recommendations as contained in its 131st Report on the Closure of Bangalore and Hyderabad Airports and matters related thereto141st Report on the Modernization of Airports and 142nd Report on the Functioning of Private Airports and the related issues

8. 04.06.2010 1.10 Heard the views of the Secretary, Ministry of Road Transport and Highways on the National Road Safety and Traffic Management Board Bill, 2010.

9. 29.06.2010 2.20 Heard the Secretary, M/o Civil Aviation, alongwith Director-Gereral, Directorate General of Civil Aviation, CMD, National Aviation Company of India Ltd., and Chairman Airports Authority of India on Duties, Responsibilities and Functions of Directorate General of Civil Aviation and Helicopter Operations in India.

1 2 3 4

10. 08.07.2010 2.05 Heard the views of the stakeholders, experts, organizations and individuals on the National Road Safety and Traffic Management Board Bill, 2010 and local visit of the Committee to Indira Gandhi International Airport.

11. 14.7.2010 1.00 Considered and adopted the draft report on the National Road Safety and Traffic management Board Bill, 2010.

12. 14.09.2010 0.45 The Committee undertook a visit to National Museum and Red Fort after the meeting and the Chairman informed Members that the Anti-Hijacking (Amendment) Bill, 2010 has been referred to the Committee on 20th August, 2010.

13. 30.09.2010 2.10 Heard the Secretary, Ministry of Culture and allied services on the functioning of National Museum and related matters

Heard the representatives of the Ministry of Civil Aviation Ministry of Home Affairs and Department of Legal Affairs on the Anti Hijacking (Amendment) Bill, 2010

14. 8.10.2010 2.10 Considered and adopted the draft report on the Anti-Hijacking (Amendment) Bill, 2010

Heard the Secretary, Ministry of Road Transport and Highways on the Current scenario regarding Development of National Highways in the Country.

15. 26.10.2010 2.30 Heard the Secretary, Ministry of Road Transport and Highways on the Current scenario regarding Development of National Highways in the Country.

16. 20.12.2010 1.40 Considered and adopted the drafts reports on ATR of the Demands for Grants (2010-11) pertaining to Ministries of Tourism, Road Transport and Highways, Shipping, Culture, Civil Aviation Heard the views of the representatives of the Ministries of Shipping, Railways and Road, Transport and Highways on the subject Modernisation of Major Ports.

RAJYA SABHA COMMITTEES 2010 · 2012. 9. 6. · RAJYA SABHA COMMITTEES – A PROFILE (2010)...

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