COMMITTEE ON SUBORDINATE LEGISLATION
I. Composition of the Committee
1.
The Committee on Subordinate Legislation was constituted on the 6th
August, 2005 and reconstituted on the 4th September, 2006.
1.2 The Committee consisted of following Members:—
COMMITTEE ON SUBORDINATE
LEGISLATION
(Nominated on
1. Shri A. Vijayaraghavan — Chairman
2. Shri Nabam Rebia
3. Dr. Radhakant Nayak
4. Shrimati Sukhbuns Kaur
5*. Dr. T. Subbarami Reddy
6. Shri Ram Nath Kovind
7. Prof. R.B.S. Varma
8.
Shri Rudra
Narayan Pany
9.
Shri Nand
Kishore Yadav
10.
Shri N. Jothi
11.
Shri Ravula
Chandra Sekar Reddy
12. Shri Harendra Singh Malik
13. Shri R. Shunmugasundaram
14.
Shri N.K.
Premachandran
15. Shri R.S. Gavai
COMMITTEE ON SUBORDINATE
LEGISLATION
(Nominated on
1. Dr. (Shrimati) Najma A. Heptulla — Chairperson
2. Prof. P. J. Kurien
3. Dr. Radhakant Nayak
4. Shri Praveen Rashtrapal
5. Ms. Mabel Rebello
6. Shri Vikram Verma
7. Shri Surendra Lath
8. Shri Mahendra Mohan
9. Shri Penumalli Madhu
10. Shri N. Jothi
11. Shri M.V. Mysura Reddy
12 Shri Ali Anwar
13. Shri Harendra Singh Malik
14. Shri R. Shunmugasundaram
15. Shri Abani Roy
____________________________________________________________
*Inducted
into the Council of Ministers w.e.f. 29.1.2006
II. Subjects selected for examination
1.3
The Committee
had identified following subjects for detailed examination:-
|
Sl.No. |
Ministry/Department |
Subject |
|
1. |
Ministry of Home Affairs |
The Determination of
the Price of the forfeited Rules,2005 |
|
2. |
Ministry of Personnel,
Public Grievances & Pension |
The Right to
information |
|
3. |
Ministry of
Human Resource Development (Department of Secondary & Higher
Education) |
The
AICTE Regulation for Entry and Operation of Foreign University in |
|
4. |
Ministry of Agriculture (Department of Agriculture
& Cooperation) |
The Spice Grading and
Marking Rules, 2005. |
|
5. |
Ministry of Finance
(Department of Revenue) |
The Central Excise
(Compounding of Offences) Rules, 2005 (ii) The Customs (Compounding
of Offences) Rules, 2005. (iii) The Narcotic
Drugs & Psychotropic Substances (National Fund for Control of Drug Abuse)
Rules, 2006. |
|
6. |
Ministry of Commerce
& Industry |
The Special Economic
Zones Rules,2006 |
|
7. |
Ministry of External Affairs
|
The Indian
Council of World Affairs Rules, 2006. |
|
8. |
Ministry of Petroleum
and Natural Gas |
The Motor Spirit and
High Speed Diesel (Regulation of Supply, Distribution and Prevention of
Malpractices) Order, 2005. |
|
9. |
Ministry of Health and
Family Welfare |
The 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. |
|
10. |
Ministry of Railways |
The Railways (Punitive
charges for overloading of wagons ) Rules,2006. |
|
11. |
Ministry of Agro and
Rural Industries |
The Khadi and Village
Industries Commission Rules, 2006. |
III. Review of work done
(a) Sittings of the
Committee
1.4 During the year, the Committee held
13 sittings for 11 hours and 5 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 no study
visit in the year 2006.
IV. Reports Presented
1.6 During 2006, the Committee presented
following Reports to the House:-
|
Sl.No |
Report No. and Date of Presentation |
Subject |
|
1. |
162nd (13.03.2006) |
Statutory Orders Laid on the Table of the Rajya
Sabha during its 206th Session |
|
2. |
163rd (23.05.2006) |
(i)
The (ii) the Kandla Port Employees’ (Study
Leave) Regulations, 1964. (iii) The Export of Milk Products (Quality
Control, Inspection & Monitoring) Rules, 2000. (iv) The
Airports Authority of (v) the Export-Import Bank of |
|
3. |
164th (11.08.2006) |
(i) The Oil Mines Regulations, 1984-
Implementation of the 119th Report of the Committee. (ii) The Rules framed under the Foreign Exchange Management
Act, 1999-Implementation of the recommendations of the Committee as contained
in 151st Report. (iii)The
Railways Claims Tribunal (Procedure) Rules, 1989-Implementation of the 123rd
Report of the Committee. (iv)The Railways (Opening for
Public Carriage of Passengers) Rules, 2000-Implementation of 149th
Report of the Committee. (v) The Prevention of Cruelty
to Animals (Slaughter House) Rules, 2001. |
|
4. |
165th (11.08.2006) |
Statutory Orders Laid on the
Table of the Rajya Sabha during its 207th
Session |
|
5. |
166th (07.12.2006) |
Statutory orders Laid on the table of the
Rajya Sabha during its 208th session |
1.7
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) 162nd Report
1.8
The Committee examined the notifications containing
Subordinate Legislation that were laid before the Rajya Sabha during the 206th
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)
163rd Report
(i) The
1.9 The Committee noted with
satisfaction that the Ministry of Shipping, Road Transport and Highways (Department
of Shipping) had since prepared draft
(ii) The
1.10 The Committee noted with satisfaction that the Ministry of Shipping, Road Transport and Highways (Department of Shipping) have agreed to carry out the following amendments in the Kandla Port Trust (Study Leave) Regulations, 1964:—
(i) In Regulation 3 (5) (ii) & (iii) by deleting clause (ii) so that the officers of class III and IV category may also get an opportunity to avail the study leave for upgrading their knowledge and skills.
(ii) In Regulation 6 (i) by substituting it as under:—
Regulation 6(i): Study leave may be combined with other kinds of leave,
but in no case shall the grant of this leave in combination with leave, other
than extra ordinary leave, involve a total absence of more than 28 months
generally and 36 months for the courses leading to Ph.D. degree from the
regular duties of the employee.
Explanation—The
limit of 28 months/36 months of absence prescribed in this sub-rule includes the
period of vacation. 99 so as to align this provision on the lines of the
Central Civil Services
(Leave) Rules. The Committee hoped that the Ministry shall notify the above
amendments expeditiously under intimation
to it.
(iii) The Export of Milk Products
(Quality Control, Inspection & Monitoring) Rules, 2000.
1.11 The Committee noted with satisfaction that the Ministry of Commerce and Industry have agreed to its suggestions on rules 2(x) (Definition of UHT) and Rule 8.3 (Constitution of Appellate Authority for Milk Products). However, on rule 4.18, the Committee did not agree to the viewpoint of the Ministry of Commerce and Industry to maintain status quo on the question of prescribing the frequency of inspections and monitoring of plants in the rules itself. The Committee desired that the rules should at least carry some parameters for conducting inspections/monitoring.
The Committee, however, were happy to note that the Ministry of Commerce and Industry have accepted its suggestions and notified the following amendments in the Export of Milk Products (Quality Control, Inspection and Monitoring) Rules, 2000: —
(i) In rule 2(x) the word “residcal” have been substituted by the word “residual” thereby correcting a typographical error.
(ii) In rule 2(x) by omitting the paragraph beginning with the words “A hermetically sealed container” and ending with the words “entry of micro-organisms”. The Committee had suggested for avoidance of repetition in the definition of a “hermetically sealed container”.
(iii) In rule 3(b) by substituting the words “sub-rule 4.18 of these rules” for the words “the para of this part”, thereby correcting a typographical error.
(iv) In rule 5(b) the word “vague” has been replaced by the words “any other” thereby correcting a typographical error.
(v) In sub-item (2) of item 2 of Annexure A of the said rules the word “said” has been replaced by the word “made” thereby correcting a typographical error as pointed out by the Committee.
(iv) The Airports Authority of
1.12 The Committee noted that the Ministry have
agreed to notify amendments in regulation 3(1) and (2) and regulation 4
substituting the words “any officer” with the words “ Duty Airport Manager/
Duty Officer Control Tower as the case may be” as suggested by the Committee.
The Committee hoped that the Ministry shall notify the amendment
expeditiously.
(v) The Export-Import Bank of
1.13 The Committee noted Ministry’s comments on
point no. 10 [Regulation 6(2) (a)] and no. 11 [Regulation 6(3) (c)] .
The Committee noted that the
Ministry of Finance have accepted its suggestions and notified the following
amendments in the EXIM Bank of India General Regulations, 1982:—
(1) In regulation 3(i) the
words “once in each quarter” have been substituted by the words “once in every
three months” thereby making the provisions specific.
(2) In regulations 3(iv), 5(i)
and 7(2), the words “sufficient notice” have been replaced by the words “at
least two weeks’ notice” in case of an ordinary meeting and by the words “a
notice of at least three days” in case of an emergency meeting, thereby
providing for specific notice period for convening the meeting of the Board.
(3) In regulation 3(vii), the
words “as soon as possible” have been replaced by the words “within fifteen
days” for circulation of copies of the minutes of the meeting of the Board,
thereby making the provisions specific.
(4)
In proviso to regulation 6(1), a limit of one hundred equity shares has
been fixed within which a director or member is not required to disclose his
concern or interest in any contract or arrangement to be entered into with a
company or a foreign company, in pursuance to the question poised by the
Committee.
(5)
In regulation 6(4) a limit of one hundred shares has been fixed for a
director or member beyond which he shall not take any part in the discussion or
vote on any contract or arrangement entered into or to be entered into by or on
behalf of the EXIM Bank, on the basis of the question poised by the Committee.
(6)
In regulation 7(3), the words “or two members” have been replaced by
the words “or three members” for having quorum for the meeting of any
Committee, as suggested by the Committee.
(7) In regulation 10(ii), powers of the
Chairman, if he is whole-time director or Managing Director, have been
restricted to a limit as prescribed by the regulation made by the Board or delegated
to him by the Board, as suggested by the Committee.
(c) 164th
Report
(i) The Oil Mines Regulations, 1984—Implementation of the 119th
Report of the Committee
1.14 The Committee accepted
the explanation furnished by the Ministry, but at the same time noted with
regret that it should not have allowed so much time to elapse in arriving at
the final decision.
(ii) The Rules framed under the Foreign Exchange Management Act,
1999—Implementation of the recommendations of the Committee as contained in 151st
Report
1.15 The
Committee noted with satisfaction that the Ministry of Finance (Department of
Economic Affairs) have taken necessary action on its recommendations and
notified amendments on the various Rules framed under the Foreign Exchange
Management Act, 1999.
(iii) The Railways Claims
Tribunal (Procedure) Rules, 1989—Implementation of the 123rd Report
of the Committee
1.16 The Committee noted with
satisfaction that the Ministry of Railways have amended the rules as per its
suggestions as follows:—
(i) Rule 11(3) by providing that if on scrutiny an application, is found defective and defect noticed is formal in nature, the Registrar may allow the applicant to rectify the same in his presence, and if the defect is not formal in nature, the Registrar may allow the applicant to rectify defect in a week’s time, which may be extended in appropriate cases on the written request of the applicant.
(ii) Rule 22(1) by providing that if an application is presented by any party to the proceedings for summoning of witness, the Tribunal shall issue summons for the appearance of such witness by recording the reasons for doing so, unless it considers that the appearance of the witness is not necessary for the just decision of the case.
(iii) Rule 31(1) by substituting that the Tribunal, after hearing the applicant and respondent, shall pass an order either at once, or as soon as thereafter, as may be practicable but not later than twenty-one days from the date of conclusion of the arguments; and where is it unable to do so, it shall record its reasons for such inability; and
(iv) Rule 32(2)by substituting that where it appears to the Tribunal that there is no sufficient ground for a review, it shall reject the application and record its reasons for so doing.
(iv) The
Railways (Opening for Public Carriage of Passengers) Rules, 2000—Implementation
of 149th Report of the Committee
1.17 The Committee noted
with satisfaction that the Ministry of Railways have since published the
Railways (Opening for Public Carriage of Passengers) (Amendment) Rules, 2005 vide
notification No. G.S.R. 44(E) dated the 27th January, 2005 (i)
modifying the provisions of Rule 19
Explanation so as to provide that when sanction is required for the
initiation of electric traction on a line already opened for passenger traffic,
the documents specified in terms (j), (k), (l), (m) and (n) of sub rule (1),
item (d) of sub rule (2) and item (a) (vii) of sub rule 5 shall be forwarded to
the Commissioner; and (ii) in case of
rule 24(4) by substituting the
words ‘responsible officer’ with the words ‘servant-in-charge’. Regarding Rule
24(5), the Committee accepted the explanation furnished by the Ministry of
Railways for non-revision of the provisions of Rule 24(5) as suggested by it. The Committee, however, noted that as a follow up to their
explanation, the Ministry have since amended Rule 24 (5) by providing that
“where the use of temporary diversion is likely to be extended to more than 3
days the Commissioner shall, if he considers it necessary, take the
earliest possible opportunity of inspecting it.”
(v) The Prevention of
Cruelty to Animals (Slaughter House) Rules, 2001
1.18 The Committee noted with satisfaction that the
Ministry have accepted its suggestions on point no. 6 on Rule 9(1) regarding
inspection of slaughter house to (i) prescribe a minimum frequency of
inspection of slaughter houses so as to make such inspection uniform and
regular; and (ii) to specify the minimum level/status of the inspecting
officers. On rest of the points, the
committee accepts the Ministry’s comments.
The Committee hoped that the Ministry of Environment & Forests would
carry out the amendments to the Prevention of Cruelty to Animals (Slaughter
House) Rules, 2001, expeditiously, under intimation to it.
(d) 165th
Report
1.19 The Committee
reiterated its earlier stand as taken in its 131st and 135th Reports regarding timely laying of notification within the prescribed time
schedule in case of delay in their laying respectively appending of delay statement
along with the notifications apprising Parliament of the causes of delay.
(e) 166th Report
1.20 The Committee reiterated its earlier stand as
taken in its 131st Report , 135th and 152nd
regarding timely laying of Notification
and assigning distinctive number to the Notification for facilitating
separate identity and to ensure that the file number of each
notification be distinguished from one another, respectively.
V.
Secretariat
1.21 The Committee Section -I headed by a Committee Officer constitutes the Secretariat of the Committee. A Joint Secretary, a Director and an Under Secretary remained incharge of the Branch.
1.22. 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.
1.23 The Secretariat collected material for on-the-spot studies and prepared study tour notes.
1.24 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.
Annexure
(See
Details of the
sittings of the Committee on Subordinate Legislation during the year 2006
|
Sl. No. |
Date |
Duration Hrs-Mts. |
Subject |
|
1. |
13.01.2006 |
0-45 |
Consideration
of the following Memoranda: (i) Memorandum No. 01/2006 regarding the National
Board for Wildlife Rules, 2003 (ii) Memorandum No. 02/2006 regarding the Counting
of Past Service for Pensioners Benefits on Mobility between Central
Government and Central and State Autonomous Bodies and
vice-versa-Implementation of 117th Report. (iii) Memorandum No. 03/2006 regarding
the (iv) Memorandum No. 04/2006 regarding the
Daman & Diu Prohibition Rules, 2003. (v) Memorandum No. 05/2006 regarding the
Establishment of New Medical College, opening of New or Higher Courses of
Study or Training and Increase of Admission capacity by a Medical College
Regulations, 2003. (vi) Memorandum No. 06/2006
regarding the suggestion received from Shri B.P.Singhal, Ex.M.P. regarding
insertion of certain provisions in all rules/regulations which contemplate
calling for applications for grant of licence, authorization, etc. (English
version only). |
|
2. |
02.02.2006 |
1-10 |
Consideration of the following Memoranda: (i)
To hear oral evidence of representatives of the Ministries of Health
and Family Welfare (Department of Health), Chemicals and Fertilizers and
Small Scale Industries (ii)
On the representation against implementation of amended Schedule ‘M’
of the Drugs and Cosmetics Rules, 1945. |
|
3. |
09.03.2006 |
0-30 |
Consideration and adoption
of the draft 162nd Report.
|
|
4. |
28.3.2006 |
0 -30 |
Consideration
of the following Memoranda: (i) Memorandum No.7/2006 regarding the
Railways (opening for Public Carriage of Passengers) Rules,
2000-Implementation of 149th Report of the Committee. (ii) Memorandum.No.8/2006 regarding the (iii) Memorandum.No.9/2006 regarding the Tea
(Marketing) Control Order, 2000. |