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1 TUESDAY, THE 2ND JUNE, 1998 ; (The Rajya Sabha met in the Parliament House at a.m.) 1. PAPERS LAID ON THE TABLE Shri Ananth Kumar (Minister of Civil Aviation) laid on the Table, under sub-section (3) Section 14-A of Aircraft Act, 1934, a copy each (in English and Hindi) of the Ministry of Civil Aviation Notification GSR 404 (E), dated July 24, 1997 publishing the Aircraft (Amendment) Rules, 1977, providing for registration of leased aircraft, alongwith an explanatory memorandum thereon. Shri M. Thambi durai (Minister of Law, Justice and Company Affairs & Surface Transport) laid on the Table- (1) A copy each (in English and Hindi) of the following papers, under sub-section (1) of section 619A of the Companies Act, 1956:- (i) Forty-fifth Annual Report and Accounts of the Hindustan Shipyard Limited, Visakhapatnam, for the year , together with the Auditors' Report on the Accounts and comments of the Comptroller and Auditor General of India thereon. (ii) Review by Government on the working of the above Shipyard. (2) Statement (in English and Hindi) giving reasons for the delay in laying the papers mentioned at (1) above. II. A copy each (in English and Hindi) of the following papers:- (i) Forty-first Annual Report on the working and Administration of the Companies Act, 1956 for the year ended on March, 31, 1997, under section 638 of the said Act. (ii) Twenty-sixth Annual Report pertaining to the execution of the provisions of the Monopolies and Restrictive Trade Practices Act, 1969, for the period from 1st January, 1996 to 31st December, 1996 under section 62 of the said Act. (iii) Memorandum of Understanding between the Government of India (Ministry of Surface Transport) and Hindustan Shipyard Limited, for the year III. A copy each (in English and Hindi) of the following Notifications of the Ministry of Law, Justice and company Affairs (Department of Company Affairs) under subsection (3) of Section 642 of the companies Act, 1956:- (i) GSR 536(E), dated September 12, 1997 publishing the Cost Accounting Records (Cement) rules, (ii) GSR 537 (E), dated September 12, 1997 publishing the Cost Accounting Records (Motor Vehicles) Rules, 1997.

2 (iii) GSR 522 (E), dated September 17, 1997 publishing the Cost Accounting Records (Industrial Alcohol) Rules, IV. A copy each (in English and Hindi) of the following Notifications of the Ministry of Law, Justice and company Affairs (Department of Company Affairs) under subsection (3) of Section 620A of the Companies Act, 1956:- (i) GSR 603 (E), dated October 20, 1997 relating to norms fixed for compliance by Companies which have been declared as "Nidhi". (ii) GSR 604(E), dated October 20, 1997 modifying the notifications GSR 241 dated April 28, 1995 and 773(E), dated December 4, 1995, regarding members of a "Nidhi". V. A copy each (in English and Hindi) of the Ministry of Law, Justice and Company Affairs (Department of Company Affairs) Notification GSR 84(E), dated February 23, 1998 publishing Modification of applicability of provisions of Section 309(4) of the Companies Act, 1956 in respect of "Nidhi" Companies/Mutual Benefit Societies, under sub-section(3) of section 620-A of the said Act. VI. A copy (in English and Hindi) of the Ministry of Law, Justice and Company Affairs (Department of Company Affairs) Notification S.O. No. 503(E), dated the 17th July, 1997 publishing the Cheran Engineering Corporation Limited and Page-14 ;[RAJYA SABHA] Cheran Transport Corporation Limited (Amalgamation) Order, 1997, under subsection (5) of Section 396 of the companies Act, SHRI YASHWANT SINHA (Minister of Finance) laid on the Table a copy each (in English and Hindi) of the following papers:- (i) (a) Third Annual Repot and Accounts of the Madras School of Economics, for the year together with the Auditors' Report on the Accounts. (b) Statement giving reasons for the delay in laying the papers mentioned at (a) above. (ii) (a) Tenth Annual Report and Accounts of the Institute for Studies in Industrial Development, New Delhi, for the year together with the Auditors' Report on the Accounts. (b) Statement giving reasons for the delay in laying the papers mentioned at (a) above. ÉÒ ÉiÉÒ ºÉÖ¹É ÉÉ º É úévé ( ºÉÚSÉxÉÉ +Éè ú ɺÉÉ úhé ÉÆjÉÒ +Éè ú ºÉÆSÉÉ ú ÉÆjÉÉ±ÉªÉ EòÉ +ÊiÉÊ úhò É ÉÉ ú ) xéä ÊxÉ xéê±éêjéié {ÉjÉ ºÉ ÉÉ {É]õ±É {É ú újéå :- 1. Eò {ÉxÉÒ +ÊvÉÊxÉªÉ É, 1956 EòÒ véé úé 619 Eò EòÒ véé úé (1) Eäò +véòxé ÊxÉ xéê±éêjéié {ÉjÉÉå EòÒ BEò-BEò ÉÊiÉ ( +ÆOÉäVÉÒ iéléé ʽþxnùÒ Éå ) *

3 ; (i) Eäò ɹÉÇ Eäò ʱÉB ÉÉb Eòɺ]õ <ÆVÉÒËxɪÉË úmé EòxºÉ±É]äõx]õºÉ <ÆÊb ªÉÉ Ê±ÉÊ ÉÙ]äõb xééèbb É EòÉ {ɽþ±ÉÉ ÉÉ̹ÉEò ÉÊiÉ ÉänùxÉ +Éè ú ±ÉäJÉä, ±ÉäJÉÉ+Éå {É ú ±ÉäJÉÉ {É úòiéeòéå Eäò ÉÊiÉ ÉänùxÉ +Éè ú =ºÉ {É ú ÉÉ úié Eäò ÊxɪÉxjÉEò ɽþɱÉäJÉÉ {É úòiéeò EòÒ Ê]õ{{ÉÊhɪÉÉå ºÉʽþiÉ ;(ii) ={ɪÉÖHò ÉÊiÉ ÉänùxÉ EòÉä º ÉÒEòÉ ú Eò úiéä ½ÚþB ºÉ úeòé ú uùé úé Ê É É úhé * 2. ={É úéähò (i) Éå =α±ÉÊJÉiÉ {ÉjÉÉå EòÉä ºÉ ÉÉ {É]õ±É {É ú újéxéä Éå ½ÖþB Ê É±É É Eäò EòÉ úhééå EòÉä nù ÉÉÇxÉä ÉɱÉÉ Ê É É úhé ( +ÆOÉäVÉÒ iéléé ʽþxnùÒ Éå ) * Shri R. Janarthanam (Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Finance) laid on the Table, under sub-section (4) of Section 94 of the Finance Act, 1994, a copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Revenue) together with explanatory memoranda on the Notifications:- (1) GSR 165(E), dated April 1, 1998, relating to Notification No. 47/98-Service Tax amending the Notification No. 44/98-Service Tax dated so as to include the names of Diplomatic Missions of 9 more countries in the Schedule annexed to the said Notification. (2) GSR 205(E), dated April 24, 1998 relating to Notification No. 48/98-Service Tax dated the 24th April, 1998 issued in suppression of Notification No. 13/97 Service Tax dated and Notification No. 45/98-Service Tax dated exempting the taxable services provided to the United Nations or an International Organisation notified by the Central Government from the whole of service tax leviable thereon. 2. LEAVE OF ABSENCE Shri R. K. Kumar (Tamil Nadu) was granted leave of absence upto 12th June, 1998 from the sitting of the House during the current Session of the Rajya Sabha. (The House adjourned for lunch at 1.01 p.m. and re-assembled at 2.05 p.m.) 3. GOVERNMENT BILL-PASSED (1) The payment of gratuity (Amendment) Bill, Further discussion on the motion for consideration of the Bill moved by Dr. Satyanarayan Jatiya (Minister of Labour) on the 1st June, 1998 continued. Members took part in the discussion. Dr. Satyanarayan Jatiya replied to the debate. The motion for the consideration of the Bill was adopted. Thereafter, clause by clause consideration of the Bill was taken up. Clause 2 was adopted, as amended. Clause 3 was adopted. Clause 1 was adopted, as amended. the Enacting formula was adopted, as amended.

4 The Title was adopted. Dr. Satyanarayan Jatiya moved: That the Bill, as amended, be passed. The motion moved by Dr. Satyanarayan Jatiya the Bill, as amended, be passed was adopted and the Bill, as amended, was passed. (2) The Chemical weapons convention Bill, 1997 Shri Surjit Singh Barnala (Minister of Chemical and Fertilizers and Food and Consumer Affairs) moved: "That the Bill to give effect to the Convention the Prohibition of the Development Production Stock oiling and use of Chemical Weapons and on their Destruction and to provide for matter connected therewith or incidental thereto, be taken into consideration." Members took part in the discussion. Page-15 ;[2ND JUNE, 1998] Shri Surjit Singh Barnala replied to the debate. the motion for consideration of the Bill was adopted. Thereafter, clause buy clause consideration of the Bill was taken up. Clause 2 to 53 and the Schedule were adopted. Clause 1 was adopted, as amended. The Enacting Formula was adopted, as amended. The Preamble and the Title were adopted. Shri Surjit Singh Barnala moved: That the Bill, as amended, be passed. The motion moved by Shri Surjit Singh Barnala that the Bill as amended, be passed was adopted and the Bill, as amended, as passed. 4. CLARIFICATIONS BY THE MINISTER Shri Yashwant Sinha (Minister of Finance) clarified certain points in response to submissions made by some members regarding like in the prices of petrol and urea.

5 (a) STATUTORY RESOLUTION SEEKING DISAPPROVAL OF THE REPRESENTATION OF THE PEOPLE (AMENDMENT) ORDINANCE, 1998-WITHDRAWN Shri J. Chitharanjan moved: "That this House disapproves of the Representation of the People (Amendment) Ordinance, 1998 (No.12 of 1998) promulgated by the President on the 24th April, GOVERNMENT BILL-PASSED The representation of the people (Amendment) Bill, Shri M. Thambi Durai (Minister of Law, Justice and Company Affairs and Surface Transport) moved: "That the Representation of the People (Amendment) Bill, 1998 be taken up for consideration". Members took part in the discussion on the Resolution and the motion for consideration of the Bill. Shri J. Chitharanjan replied to the debate on the Resolution. Shri M. Thambi Durai replied to the debate. (a) The Resolution disapproving the Ordinance was withdrawn by leave of the House. (b) The motion for consideration of the Bill was adopted. together Therefore, clause by clause consideration of the Bill was taken up. Clause 2 was adopted. Clause 3 was adopted. Clause 1, the enacting formula and the Title were adopted. Shri M. Thambi Lurai moved: That the Bill be passed. The motion moved by Shri M. Thambi Durai that the Bill, be passed was adopted and the Bill was passed. 6. MESSAGE FROM THE LOK SABHA

6 RE: Parliamentary Committee to review rate of dividend payable by Indian Railways to General Revenues. Secretary-General reported to the House the following message received from the Lok Sabha signed by the Secretary-General of the Lok Sabha. "I am directed to inform you that Lok Sabha, at its sitting held on Tuesday, the 2nd June, 1998, adopted the following resolution:- "That this House do recommend to the Rajya Sabha to agree to associate six members from Rajya Sabha wit the Parliamentary Committee to review by Rate of Dividend which is at present payable by the Indian Railways to the General Revenues as well as other ancillary matters in connection with Railway Finance vis-a-vis the General Finance and to make recommendations thereon, and to communicate the names of the members so appointed to this House." 2. I am to request that the concurrence of Rajya Sabha in the said resolution, and also the names of the members of Rajya Sabha so appointed, may be communicated to this House." 7. STATEMENT BY MINISTER Shri Nitish Kumar (Minister of Railways) made a statement regarding a blast on Bridge Number 237 between Gosaigaon-Chautara Block Section of New Cooch-behar- New Bongaigaon Section of North-east Frontier Railway. Thereafter, Members sought clarifications on the statement. Shri Nitish Kumar replied to the clarifications. (The House adjourned at 6.14 p.m. till a.m. on Wednesday, the 3rd June, 1998.)