TUESDAY, THE 29 TH JULY, 2003 (The Rajya Sabha met in the Parliament House at a.m.)

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11-00 a.m. TUESDAY, THE (The Rajya Sabha met in the Parliament House at 11-00 a.m.) 1. Starred Questions The following Starred Questions were orally answered:- Starred Question No.121 regarding Study on water harvesting and storage schemes. Starred Question No.122 regarding National Bibliographic data-base in libraries. Starred Question No.123 regarding Modernisation of airports. Starred Question No.124 regarding Unclaimed deposit in HDFC. Starred Question No.126 regarding ONGC's new investment. Starred Question No.127 regarding Capital market reforms. Starred Question No.128 regarding Development of tourism infrastructure in Tamil Nadu. Answers to remaining Starred Question Nos. 125 and 129 to 140 were laid on the Table. 2. Unstarred Questions Answers to Unstarred Question Nos. 872 to 1026 were laid on the Table. 12 Noon 3. Papers Laid on the Table Shri Anandrao Vithoba Adsul (Minister of State in the Ministry of Finance and Company Affairs) laid on the Table: I. A copy (in English and Hindi) of the Ministry of Finance (Department of Economic Affairs) Notification S.O. 724 (E) dated the 24 th June, 2003, publishing the Insurance (Amendment) Rules, 2003, under sub-section (3) of section 114 of the Insurance Act, 1938. II. A copy (in English and Hindi) of the Ministry of Finance (Department of Revenue) Notification G.S.R. 473 (E) dated the 10 th June, 2003, publishing the Notification No. 4/2003-M&TP dated the 10 th June, 2003, seeking to amend G.S.R 159 (E) dated the 1 st March, 2003, so as to reduce the effective rate of excise duty, leviable on Homoeopathic preparations under sub-section (4) of section 19 of the Medicinal and Toilet Prepa RAJYA SABHA rations (Excise Duties) Act, 1955, together with an Explanatory Memorandum thereon. III. A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Revenue), under section 77 of the Narcotic Drugs and Psychotropic Substances Act, 1985, together with Explanatory Memoranda on the Notifications: (1) G.S.R. 115 (E) dated the 21 st February, 2003, publishing the Narcotic Drugs and Psychotropic Substances (Amendment) Rules 2003.

(2) G.S.R. 217 (E) dated the 17 th March, 2003, publishing the Narcotic Drugs and Psychotropic Substances ( IV. A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Revenue), under sub-section (2) of section 38 of the Central Excise Act, 1944, together with Explanatory Memoranda on the Notifications: (1) G.S.R. 424 (E) dated the 20 th May, 2003, regarding exemption to cotton yarn in the forms of cops, cones, etc. sent outside the factory for conversion into plain straight reel hanks for the period from the 1 st March, 1986 to the 28 th February 1992. (2) G.S.R. 506 (E) dated the 20 th June, 2003, publishing the Notification No.54/2003-Cental Excise dated the 20 th June 2003, seeking to amend G.S.R. 471 (E) and G.S.R. 472 (E) dated the 10 th June 2003, so as to provide that the industries notified under the Doon Valley Notification S.O.No.102 (E) dated the 1 st February 1989, issued by Ministry of Environment and Forests are excluded from the purview of the exemption in Doon Valley area only of the State of Uttaranchal. (3) G.S.R. 510 (E) dated the 24 th June, 2003, publishing the Notification No.55/2003-Central Excise dated the 24 th June 2003, seeking to amend G.S.R. 127 (E) dated the 1 st March 2002, so as to exempt Integrated Receiver Decoder also known as Set-top Box from Central Excise Duty. (4) G.S.R. 513 (E) dated the 25 th June, 2003, publishing the Notification No.56/2003-Central Excise dated the 25 th June, 2003, seeking to exempt excisable goods of specified industries when manufactured in the units located in the State of Sikkim, subject to certain conditions. (5) G.S.R. 516 (E) dated the 25 th June, 2003, publishing the CENVAT Credit (Sixteenth Amendment) Rules, 2002. (6) G.S.R. 518 (E) dated the 27 th June, 2003, publishing the Notification No.57/2003-Central Excise dated the 27 th June, 2003, seeking to amend G.S.R. 127 (E) dated the 1 st March 2002, so as to make it clear that the exemption meant for Natural Gas does not extend to Compressed Natural Gas (CNG). V. A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Revenue), under section 159 of the Customs Act, 1962, together with Explanatory Memoranda on the Notifications: (1) G.S.R. 457 (E) dated the 5 th June, 2003, publishing the Courier Imports and Exports (Clearance) Amendment Regulations, 2003. (2) S.O. 714 (E) dated the 19 th June, 2003, publishing the Notification No. 39/2003-Customs (NT) dated the 19 th June, 2003, seeking to amend Notification No. 208/77-Customs dated the 1 st October 1997, regarding extension of duty drawback facility to M/s Indian Oil Corporation Ltd., on their exports of petroleum products to M/s Nepal Oil Corporation Ltd., Nepal. (3) G.S.R. 511 (E) dated the 24 th June, 2003, publishing the Notification No. 95/2003-Customs dated the 24 th June, 2003, seeking to amend G.S.R. 118 (E), dated the 1 st March, 2002, so as to reduce the basic customs duty on

specified parts for the manufacture of Set-Top Box and to exempt the said parts from additional duty of customs (CVD). RAJYA SABHA (4) G.S.R. 544 (E) dated the 14 th July, 2003, publishing Notification No.108/2003-Custom dated the 14 th July, 2003, seeking to amend G.S.R. 302 (E), dated the 23 rd July, 1996, so as to extend the benefit to the R and D projects, financed by the Council of Scientific and Industrial Research under New Millennium Indian Technology Leadership Initiative (NIMTLI). VI. A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Revenue), under section 296 of the Income Tax Act, 1961, together with Explanatory Memoranda on the Notifications: (1) S.O. 536 (E) dated the 9 th May, 2003, publishing the Income-tax (Fifth (2) S.O. 550 (E) dated the 14 th May, 2003, publishing the Income-tax (Sixth (3) S.O. 634 (E) dated the 29 th May, 2003, publishing the Income-tax (Seventh (4) S.O. 665 (E) dated the 9 th June, 2003, publishing the Income-tax (Eighth (5) S.O. 705 (E) dated the 18 th June, 2003, publishing the Income-tax (Ninth VII. A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Economic Affairs), under section 48 of the Foreign Exchange Management Act, 1999: (1) G.S.R. 397 (E) dated the 14 th May, 2003, publishing the Foreign Exchange Management (Current Account Transaction) (Second Amendment) Rules, 2003. (2) G.S.R. 398 (E) dated the 14 th May, 2003, publishing the Foreign Exchange Management (Foreign Currency Account by a Person Resident in India) ( Amendment) Regulations, 2003. (3) G.S.R. 399 (E) dated the 14 th May, 2003, publishing the Foreign Exchange Management (Transfer or Issue of any Foreign Security) (Second Amendment) Regulations, 2003. (4) G.S.R. 452 (E) dated the 3 rd June, 2003, publishing the Foreign Exchange Management (Foreign Currency Account by a Person Resident in India) ( Second Amendment) Regulations, 2003. (5) G.S.R. 453 (E) dated the 4 th June, 2003, publishing the Foreign Exchange Management (Foreign Currency Account by a Person Resident in India) ( Third Amendment) Regulations, 2003. (6) G.S.R. 531 (E) dated the 9 th July, 2003, publishing the Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) (Amendment) Regulations, 2003.

(7) G.S.R. 532 (E) dated the 9 th July, 2003, publishing the Foreign Exchange Management (Foreign Exchange Derivative Contracts) (Amendment) Regulations, 2003. (8) G.S.R. 533 (E) dated the 9 th July, 2003, publishing the Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) (Second Amendment) Regulations, 2003. VIII. A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance, (Department of Revenue) under sub-section (7) of Section 9A of the Customs Tariff Act, 1975, together with Explanatory Memoranda on the Notifications: (1) G.S.R. 512 (E) dated the 24 th June, 2003, publishing the Notification No. 96/2003-Customs dated the 24 th June, 2003, seeking to amend G.S.R. 120 (E) dated the 1 st March, 2002 so as to exempt parts of Set-top Boxes from Special Additional Duty (SAD). (2) G.S.R. 521 (E) dated the 1 st July, 2003, publishing the Notification No.98/2003-Customs dated the 1 st July, 2003, issued on the basis of Notification No.73/2003-Customs dated the 1 st May, 2003, (recommending provisional assessment of all exports made by M/s Nanhai Shangyuan Oulian Construction Ceramics Co.Ltd., China Producer and M/s Presti General Trading Dubai UAE as exporter) and seeking to allow provisional assessment consignments of vertified and porcelain tiles, other than industrial vitrified tiles, produced by M/s Nanhai Shangyuan Oulian Construction Ceramics Co. Ltd., China, and exported by M/s Prestige General Trading, Dubai. RAJYA SABHA (3) G.S.R. 522 (E) dated the 1 st July, 2003, publishing the Notification No.99/2003-Customs dated the 1 st July, 2003, seeking to rescind Notification No.35/99-Custom dated the 17 th March 1999, so as to withdraw the antidumping duty imposed on import of Fused Magnesia. (4) G.S.R. 524 (E) dated the 3 rd July, 2003, publishing the Notification No.100/2003-Customs dated the 3 rd July, 2003, seeking to amend G.S.R. 120 (E) dated the 1 st March 2002, so as to exempting umbrella cloth panels for use in the manufacture of umbrellas from Special Additional Duty of customs (SAD). (5) G.S.R. 525 (E) dated the 7 th July, 2003, publishing the Notification No.101/2003-Customs, dated the 7 th July, 2003, seeking to extend the imposition of final anti-dumping duty on graphite electrodes, originating in or exported from China. (6) G.S.R. 526 (E) dated the 7 th July, 2003, publishing the Notification No.102/2003-Customs, dated the 7 th July, 2003, seeking to rescind G.S.R. 239 (E) dated the 5 th May, 1998, under which final anti-dumping duty was imposed on graphite electrodes, originating in, or exported from China, USA, Germany, Belgium, Austria, France, Italy and Spain. (7) G.S.R. 534 (E) dated the 9 th July, 2003, publishing the Notification No.103/2003-Customs, dated the 9 th July, 2003, seeking to impose provisional anti-dumping duty on green veneer tape, originating in or exported from Chinese Taipei.

(8) G.S.R. 537 (E) dated the 10 th July, 2003, publishing the Notification No.106/2003-Customs, dated the 10 th July, 2003, seeking to impose final antidumping duty on Mulberry Raw Silk (not thrown) 2A grade and below, originating in or exported from the People s Republic of China. IX. A copy (in English and Hindi) of the Ministry of Finance (Department of Economic Affairs) Notification G.S.R. 432 (E) dated the 24 th May, 2003, publishing the Coinage (Standard Weight and Remedy of Commemorative Coins) of the Hundred Rupees (containing Silver 50%, Copper 40% Nickel 5%and Zinc 5%), Ten Rupees (containing Copper 75% and Nickel 25%) and One Rupee Ferritic Stainless Steel (containing Iron 82% and Chromium 18%) coined in honour of MAHARANA PRATAP Rules, 2003, under sub-section (3) of section 21 of the Coinage Act, 1906. X. A copy each (in English and Hindi) of the Annual Reports on the working and activities of the following Banks for the year 2002-2003, together with the Accounts and Auditor's Report thereon, under sub-section (3) of section 43 of the State Bank of India (Subsidiary Banks) Act, 1959: 1. State Bank of Bikaner and Jaipur 2. State Bank of Mysore 3. State Bank of Travancore 4. State Bank of Indore XI. A statement (in English and Hindi) of Market Borrowings by Central Government during 2002-2003. Shri A. Raja (Minister of State in the Ministry of Health and Family Welfare) laid on the Table a copy each (in English and Hindi) of the following papers: (a) Annual Report and Accounts of the Central Council of Homoeopathy, New Delhi, for the year 2001-2002, together with the Auditor's Report on the Accounts. (b) Review by Government on the working of the above Council. (c) Statement giving reasons for the delay in laying the papers mentioned at (a) above. 12-01 p.m. 4. Reports of the Joint Parliamentary Committee on the Functioning of Wakf Boards Shri Mukhtar Abbas Naqvi presented the following Reports (in English and Hindi) of the Joint Parliamentary Committee on the functioning of Wakf Boards: (a) Seventh Report on the Implementation of Wakf Act, 1995 in Goa; and (b) Eighth Report on the Implementation of Wakf Act, 1995 in Maharashtra. RAJYA SABHA 5. Statements of Government on Reports of Department-related Parliamentary Standing Committee on Defence

Shri Shankar Roy Chowdhury laid on the Table a copy each (in English and Hindi) of the following Statements: (i) Statements showing action taken by the Government on the recommendations contained in Chapter-I of the Seventeenth Report of the Department-related Parliamentary Standing Committee on Defence (Thirteenth Lok Sabha) regarding action taken by the Government on the recommendations contained in their Twelfth Report (Thirteenth Lok Sabha) on the subject `Manpower Planning and Management Policy in Defence ; and (ii) Statements showing action taken by the Government on the recommendations contained in Chapter-I of the Eighteenth Report of the Department-related Parliamentary Standing Committee on Defence (Thirteenth Lok Sabha) regarding action taken by the Government on the recommendations contained in their Sixteenth Report (Thirteenth Lok Sabha) on Demands for Grants of the Ministry of Defence for the year 2002-2003. 12-02 p.m. 6. Leave of Absence Shri K.M. Khan (Andhra Pradesh) was granted leave of absence from the sittings of the House from 28 th July, 2003 till the end of the current session of the Rajya Sabha. 12-03 p.m. 7. Matters raised with permission 12-03 p.m. (i) Shrimati Sarla Maheshwari** raised a matter regarding need to retain Munshi Premchand s novel Nirmala in the CBSE syllabus and to celebrate his birthday as Sahitya Diwas. ** Spoke in Hindi. 12-06 p.m. (ii) Shri Sanjay Nirupam** raised a matter regarding bomb explosion in a bus at Ghatkopar, Mumbai on the 28 th July, 2003 and in other parts of the city during the last eight months. 12-13 p.m.$$ (iii) Shri S.S. Ahluwalia** raised a matter regarding raid by Vigilance Department on the official residence of Shri Sukhbir Singh, Member, Rajya Sabha on the 25 th July, 2003. 12-19 p.m.## (The House adjourned at 12-19 p.m. and re-assembled at 12-50 p.m.) 12-57 p.m.@ (The House adjourned at 12-57 p.m. and re-assembled at 2-01 p.m.)

2-01 p.m. 8. Government Bills Passed I. The Fiscal Responsibility and Budget Management Bill, 2003, as passed by Lok Sabha. Further consideration on the motion for consideration of the Bill moved by Shri Jaswant Singh on the 28 th July, 2003, continued. The following Members took part in the discussion: 2-01 p.m. 1. Shri Pranab Mukherjee 2-31 p.m. 2. Shri N. Jothi 2-47 p.m. 3. Shri S. Viduthalai Virumbi 3-06 p.m. 4. Shri Manoj Bhattacharya 3-15 p.m. 5. Shri H.K. Javare Gowda 3-18 p.m. 6. Shri V.V. Raghavan ** Spoke in Hindi. $$ From 12-10 p.m. to 12-13 p.m. some points were raised. ## From 12-14 p.m. to 12-19 p.m. some points were raised. @ From 12-15 p.m. to 12-57 p.m. some points were raised. 3-26 p.m. 3-51 p.m. 3-52 p.m. RAJYA SABHA Shri Jaswant Singh replied to the debate. The motion for consideration of the Bill was adopted. Clauses 2 to 13 were adopted. Clause 1, the Enacting Formula and the Title were adopted. The motion moved by Shri Jaswant Singh that the Bill be passed was adopted and the Bill was passed. 3-53 p.m. II. The Marriage Laws (Amendment) Bill, 2003. Shri P.C. Thomas (Minister of State in the Ministry of Law and Justice) moved:- "That the Bill further to amend the Special Marriage Act, 1954 and the Hindu Marriage Act, 1955, be taken into consideration." The following Members took part in the discussion: 3-58 p.m. 1. Shrimati Bimba Raikar 4-00 p.m. 2. Shimati Maya Singh** 4-04 p.m. 3. Shrimati Chandra Kala Pandey** 4-11 p.m. 4. Shri P.G. Narayanan 4-14 p.m. 5. Shri C.P. Thirunavukkarasu 4-17 p.m. 6. Shrimati Kum Kum Rai** 4-20 p.m. 7. Shri H.K. Javare Gowda

4-26 p.m. Shri Arun Jaitley, Minister of Law and Justice and Minister of Commerce and Industry replied to the debate. ** Spoke in Hindi. 4-36 p.m. 4-37 p.m. The motion for consideration of the Bill was adopted. Clauses 2 to 6 were adopted. Clause 1, the Enacting Formula and the Title were adopted. The motion moved by Shri Arun Jaitley that the Bill be passed was adopted and the Bill was passed. 4-47 p.m.$$ 9. Statement by Minister Shri George Fernandes, Minister of Defence made a statement regarding the incident of attack by terrorists on the Army camp at Akhnoor on the 22 nd July, 2003. (The House adjourned at 5-00 p.m. till 11-00 a.m. on Wednesday, the 30 th July, 2003) $$ From 4-38 p.m. to 4-47 p.m. some points were raised.