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-SK/VKK-SC/5n/8.00

SHRI B.S. GNANADESIKAN (CONTD.): Sir, another aspect is, there is a time limit prescribed for courts to interfere under clause 8. If you kindly see clause 8, it says, no court shall take cognizance of any offence etc. etc. through a resolution against higher authority not less than sixty days to the State Level Monitoring Committee. What is the time limit for the State Level Monitoring Committee for disposing of that resolution? On the 61st day, a person can go to court. So, that is another lacuna subject to correction. It has to be corrected.

Sir, similarly, I have mentioned clause 14(b). Sir, many people and hon. Members are saying that courts are interfering. Courts are interfering mostly because of certain lacunas in drafting of these enactments. On Assam Rifles Bill also, I found out certain lacunas in drafting of the Bill. Sir, my whip is already giving me the directions and I will obey my Whip. Therefore, Sir, I request that concentration should be made in drafting the Bill. If there is lacuna in the drafting of the Bill, courts have a scope of interference. Sir, one of the suggestions by the JPC is to put this Bill in the Ninth Schedule after it becomes an Act, to save it from being challenged in a court of law. Therefore, Sir, I request that this has to be done.

One more aspect is, kindly have some monitoring agency, find out the working of this Bill in the tribal areas, find out what are the lacunas and deficiencies and in the next Budget Session come out with the necessary amendments to rectify this. Sir, please allow me for only one minute. Sir, regarding Shrimati Brindaji's amendments, I support most of the amendments. But on one amendment, Sir, I have a reservation and if I am permitted, I would make an amendment to the amendment.

MR. DEPUTY CHAIRMAN: You have not given that amendment to amendment.

SHRI B.S. GNANADESIKAN: Sir, I will find out. I think my friends will also agree. Sir, clause 4 says, any others who have been settled in forest area by the Government policy. Sir, the settlement by the Government must be the uprooted Scheduled Tribes or the traditional forest dwellers. If it is not, there will be a problem. In our State, many Sri Lankans have been settling in hilly areas. Many Sri Lankans have been settling in Kodaikanal hills, Yelagiri hills, etc. etc. They are not the traditional forest tribals.

SHRIMATI BRINDA KARAT: Are they citizens of India? Then, don't bring them into this.

SHRI B.S. GNANADESIKAN: No, no. They are citizens because there are origins. Tamil origins are two -- one is, Indian origin who went to Sri Lankan and who have been sent back, they are the refugees. There are other type of refugees who are Sri Lankan citizens who have come to India and getting a refugee status. Therefore, we should not mix both. We must be careful on security scenario. Sir, we should not forget Mr. Veerappan lived in the forest for forty years in Tamil Nadu doing all types of mischief. He also did not ask for vesting the right in forest area. Thank you, Sir. (Ends)

SHRIMATI BRINDA KARAT: I cannot accept his amendment to my amendment.

ֳ֯ן : ֮ ֻ ӛօ ӛ , ֯ ?

֮ ֻ ӛ (ײָ) : , ֻ ״֮֙ ִֵ , ֤ ִֵ օ ָ, ֱ ߓ ֻ ֵ , ִ ֵ ֵ օ

ֳ֯ן : ֯ ֯ ו֋

֮ ֻ ӛ : ֯ օ , ӵ㌟ ֤ߵ ״ן ֮ , ֤õ օ ֮֮ߵ Ӥ ָ ֮ , ӵ ״ן ֟ ֟ օ - ؙ Ӥ פֵ ִֻ ֱ ִ֟ ןֲ֨ , ״֙ , פ , ָ: ִ֣Ԯ ֮ ֻ ֟ , ןֻ ֮ օ ןֻ ִ ָ ָ ײָ ֻ ׾׾ֵֻ֪ ֵ֮, ו , ו ןֻ ֣ ֲֻ , ֮־ֵ פֵ ֚ ֮, ָӛ ֻ ֵ ָ ָ - ײָ ӛ, ו֮ ־֮ ֟ ֮ þ֟ӡ֟ ִ ֵԾָ ִ ָ 1980 ׬׮ִֵ ֮, ֮ Ӹ ׬ָ ׬׮ִֵ, ָ ֮־ֵ פֵ ן ֻ־֮ ׻֋ ϟכ ֋... (5 ָ ֟)

LT/RSS/8.05/5O/

ֻ ֻ ӛ (֟) : ... ױ ָ ֵօ ֮ ״ן ֱ׸ , ׾֬ ִ־ ֵ ֻ ߱ פ , ֮־ , ׻֋ ز֤ ָ Ͽ օ ׾֮֬ ֮֮ ֤ 滛 և օ ִ ֮־ , ״ֻ ֮ ָ օ ״ֻ ֵ ׻֋ ׾ֵֻ֪ ֵ֮ ֋, ִ ֮ , ׻֋ ָ ־ פ ֤ߵ ״ן ֯ ־ פ ִ֟ ָָ ֆ þָ ׾֬ ֮ ֯ ֮ ֮ ֙ ׾֬ ִ֣Ԯ (ִ֯)

ֳ֯ן : ߸ ߅ ֯

ߴ֟ ִ þָ֕ : ꛮ ïߓ

ֳ֯ן : ïߓ

..׻ֵ : ֯ ևֻ ֟ ׸וֻ֮ և ߅

SHRI BHAGIRATHI MAJHI (ORISSA): Mr. Deputy Chairman, Sir, I am thankful to you for giving me this opportunity to participate in the discussion on the Bill which provides to recognise and vest the forest right and occupation in forest land for the forest dwelling scheduled tribes and other traditional forest dwellers who have been residing in such forests for generations. Sir, we are talking about the nation's building, nation's development, nation's strength, but it is not possible without the development of the tribals. We have to bring them to the mainstream of the nation, we have to work together, only then the nation will be strengthened. It was felt and realised by the then NDA Government, and for the first time after Independence of India, a separate Ministry of Tribal Affairs was created to safeguard the hopes and aspirations of the tribals, which constitute 9 per cent of the country's population.

Sir, the NDA Government had done a lot for protecting the interest of the tribals. A separate S.T. Commission, an S.T. Financial Development Corporation were created. New States like Jharkhand and Chhattisgarh were created where there is a sizeable tribal population. I am happy to state that Santhali language was also adopted in the Eighth Schedule of the Constitution. Sir, I am happy to note that after 59 years of country's Independence, the long-standing demand of the tribals is going to be fulfilled with regard to their rights to the land on which they have been living for generations. Forests are an integral part of our tribal life. They earn their livelihood from forests. They are a part and parcel of the Indian forests' life.

Sir, with your permission, I would like to submit a few points for the consideration of the hon. Minister. I want that the Minister should assure us that the tribals will have access to the use of fuel to be collected from the forest. The tribals also should be allowed to renovate and construct his cottage by the wood collected from the forests. I would also like the hon. Minister to assure us that the place of worship of the tribals called "Jahira" mainly of Santhal tribes of Orissa, Jharkhand, West Bengal and Assam should be protected when some developmental activities like construction of dams and industry take place in the areas surrounding the forest. (contd. by 5p)

-RSS-TMV-NB/5P/8.10

SHRI BHAGIRATHI MAJHI (CONTD.): Sir, just providing the right to forest land to the Tribals is not enough. The Tribals should be allowed to use the underground water by digging wells and tube-wells. The Tribals should be granted bank loans to undertake the irrigation activities. The banks should also provide the Tribals house-building loans to help them to construct their small houses. Then only will this Bill achieve its objective of providing a respectable shelter to the Tribal people of India.

Sir, I would like to bring to the notice of the hon. Minister that, in the past, many Tribals belonging to the Santhal community had migrated to Assam to work as labourers in the tea-gardens. It is unfortunate that these migrant labourers have not been recognised as Scheduled Tribes. The same is the story of the Tribals from the then undivided Bihar and Orissa, who were taken to the Andaman Nicobar Islands as labourers for infrastructure developmental activities, and they have also not been recognised as Tribals.

While concluding my speech, I would like to thank Members and the Chairman of the Joint Committee which has done a commendable job by providing a ray of hope to the most disadvantaged section of the society.

Sir, I wish to further request the hon. Minister that the Notification of the implementation of this Act should be done at the earliest, unlike the PESA of 1996 which was implemented by the NDA Government, though it was passed in the year, 1996. Thank you. (Ends)

THE MINISTER OF TRIBAL AFFAIRS (SHRI P. R. KYNDIAH): Mr. Deputy Chairman, at the outset, I would like to express my grateful thanks to the hon. Members who have participated in the debate and also given a number of suggestions and wonderful comments realising the importance of this landmark Bill. I would like to take this opportunity to state that this Bill has been long pending and it intends, for the first time, not only to recognise but also to vest rights in the forest dwelling Tribals and other forest dwellers who are traditional dwellers in the forest. They have been living there for ages; since time immemorial they have been living there at some places. I know of certain forest dwelling Tribals living there for centuries. I had an experience in Orissa. When I had been to Kalinga Nagar, I came to know that they have been living there since 1862, not to speak of my own tribe which had come thousands of years ago. They are the original dwellers and they live in their own habitat, in the ancestral lands. Yet, somehow, during the consolidation of the State forests, their rights were not recognised. This Bill wants to vest rights on these people, this wretched segment of population. But when the rights were given, their rights were not undone. (Contd. by VK/5Q)

VK/5Q/8.15

SHRI P.R. KYNDIAH (CONTD): Therefore, we want to undo this historical injustice. Now what has happened to these people? This Bill, apart from being a landmark Bill, it is a historic Bill and it will undo the historical injustice. I think one of the speakers has mentioned what type of injustice that has been perpetrated on them. We know for a fact, in the forest area, where they dwell, they do not have any facilities. Their only mode of livelihood is dependent on the minor forest produce. They do not know what the civilization is. They have not tasted the fruits of civilisation. They are voiceless, unseen and unsung. If there is a segment of population which was described or reported as a folk, these are the people. They are the most deprived of the deprived. They do not come under the category of BPL. They are poverty personified. They represent the face of poverty in its worst form. These are the people for whom we have a mission to bring relief and save them from harassment. They are treated as encroachers. They were thrown out of their habitats. I know it. I would not like to name the place. The forest administration, in certain areas, used even the Ex-servicemen in order to torture them and take over the land that they occupied. It is pathetic. They were and they are the original dwellers of this land. They have suffered these miseries. It is miserable. Now, I am happy that a mention was made by one of the speakers about the first Prime Minister of this great country. I refer to Pt. Jawaharlal Nehru. He was the first person to recognise that these tribal people living in the forests are very important. There is the Nehruvian Panchsheel doctrine. There are two very important points which I will just repeat and read out to you. Development of tribal people along the life of their genes. I would like to say that you cannot put all the tribal people into one cultural basket. There is so much diversity, whether you speak of the North or the South or the East or the mainland or the heartland. But more important is the purpose of this Bill that we are going to pass -- I hope it will be passed -- is the recognition of tribal right in land and forests. Pt. Nehru saw it in his vision. In fact, I will tell you a very simple story, a fact. He came to my place, Shillong, the then capital of the North East. I was a young Congress leader. I met him. At that time, the word 'tribe' was not used really. My community, the tribal community, was of 3.5 lakh people. Pt. Nehru described us as a microscopic minority, maybe, our population was not coming up, maybe, stagnant, maybe, a little below the level and today, because of Pt. Nehru, we are 14 lakh people. I come from that community, the Khasi community. I come from that community where we have a multilingual society where women are already liberated. They need not be liberated. My name can be from the name of my mother, the clan of my mother, not my father's.

(Contd. by 5R)

RG/8.20/5R

SHRI P.R. KYNDIAH (contd.): It is not my father's name. And, it is because of Panditji, we are here today. At that time we were faced with three movements. One movement was to join with Pakistan because Mizoram did not exist earlier. Mohd. Jinnah was ailing at Shillong, the then capital of East Pakistan. The other movement was to join the British colony. The third one was to join India. I was interested in the discussion; even though I was young, a teenager, yet, I understood the problem. If we had looked at it economically, it could have been better for us to be with Pakistan. But we did not, because Panditji was there. He was the champion of the deprived. Right from day one we know about his passion with the North-East. At that time, it was NEFA; today you call it Mizoram. It was not for vote bank, but it was with a vision that India constituted all kinds of people, and smaller people must be taken care of. Here, I am today because of that heritage. In fact, if you ask me who my mentor is, I would say, Panditji. I love his socialistic pattern of society. I love his thinking of the poor people. He talked about independence of India, and he promised that in an independent India every small people, small community, must have a place under the Sun. And here I am! I am just sharing with you my experience. Now, we are also forest dwellers; we also come from forest areas. We live together with animals in jungles. At that time, Panditji said those words, and I am very happy that I happen to pilot this Bill now. I must thank the Prime Minister, Dr. Manmohan Singhji, for selecting the Tribal Affairs Ministry to pilot the Bill. In January 2005, this idea was mooted, and since the last two years, we have had extensive discussions; we have had a lot of seminars on the subject of Tribal Bill or the Forest Bill, as we call it now. And, it is in the limelight of national media. I was happy that even though we had differences, we have been able to harmonise our differences, and today we come to this House having the support of all the parties. I must confess that. At every crucial stage, when the idea of Tribal Bill was mooted, it was none other than the Chairperson of the UPA, Soniaji, who inspired me. Even while she was the Chairperson of the National Advisory Council, we had crucial discussions, and we intervened, again and again, to see to it that this comes in this fashion. It is something great and I will be failing in my duty, if I do not mention our former Prime Minister, Rajivji. I like his words. (Continued by 5S)

5s/8.25/ks

SHRI P.R. KYNDIAH (CONTD.): He said these words, "Immediately after the attainment of Independence, it was Pandit Jawaharlal Nehru who fully comprehended the problems of the adivasis. Ever since I became the Prime Minister, I have always devoted my attention to the adivasis, like Panditji and Indiraji". Again, in a speech in 1986, he said, "If we want to save India, if we want to eradicate poverty, it is natural for us to protect the environment in every way. It is often thought that the poor, the adivasis, cut down the forests every now and then, and the Government" -- he was the Prime Minister -- "comes down on them with a heavy hand. But the adivasis have been living in close proximity of the forests for thousands of years. And the forests have not been destroyed; they have not disappeared". When I say tribals, let me make one thing clear; the word 'Scheduled Tribe' came after the Constitution was adopted. I know for a fact that there are tribals who are not 'scheduled'. But they live in the forests. I know for a fact that there are Scheduled Castes, there are Backward Classes. There are other communities who have imbibed the culture of forests. You will be surprised to know, when I say, that the tribals and the forest dwellers are the most effective conservationists. They live in forests, they live by forests and they live for forests. This is my belief. I say this on record. I will quote this Forest Report which was prepared before 2003. Sixty per cent or 60.04 per cent of the forest cover of the country, and 63 per cent of the dense forests, lie in 187 tribal districts. I will explain what a tribal district is. A tribal district is predominantly inhabited by tribals, about 70 per cent of them. And 187 districts out of 593 districts in the country! Just imagine! The geographical area of these districts is just 33.6 per cent. But we have 16 per cent of the forest cover. Out of 58 districts which have more than 66 per cent of the area under forest cover, 51 happen to be tribal districts. So, what we have to do today is to recognise that tribals and forests are integral to each other. There is some kind of a symbiotic relationship which cannot be cut off. This is a something that we have to know. That is why I am reading this Report. Otherwise, it has been laid.

Now, one of the things I need to tell you is that, in these areas, you have no fair-price shops, no healthcare, and no local forest administration. And they are not the owners of the minor forest produce although the law is there. There is always a fear; they live in constant fear because they do not know when they will be thrown out. They live in a very precarious situation of alienation, both physically and psychologically. So, this is the point. Today, the most important thing is to remove fear from their hearts and give them hope. (Contd. by 5t)

TDB/5T/8.30

SHRI P.R. KYNDIAH (CONTD.): And we give them hope. We give them something to think about. It is very important. Now, today, what we are trying to do is, ...(Interruptions)... they are saying, 'we are today here to break the ice'. But, I think, we are here today to demolish the giant iceberg of cruel poverty. We are trying to break that and bring hope, and that too through a legislation. This is what the people want.

Now, I would like to say something about some of the points that have been raised. I think, some points have been raised about jhum and shifting cultivation. I come from the North-east, I know about it. That is why one of the key objects of this Bill is, it will recognise this culture of the tribal people. This is part of their culture. We are not going to interfere; not at all. I know, in Mizoram, when I was the Governor there, the people sing songs in the glory of jhum cultivation. So, it is part of culture. So, we are not going to interfere in that, apart from whatever we think about it.

Then, some mention has been made about something very important, about the fear in respect of those who are already settled through Government. I want to make a clear and crystal clear statement here that those who are already settled through Government, they should not be disturbed. Some mention was made about, -- it is an important point -- I may not be able to do everything for those living in close proximity of the forests; about those people. We say that if they have land inside the forests, which they cultivate, they will be given the right. If anybody lives outside the forest area -- I think, I am replying to some of the points raised by some hon. Members.

SHRIMATI BRINDA KARAT: Please repeat that, Sir. If they have land...

SHRI P.R. KYNDIAH: Yes, if they have land inside the forest, but live outside, they can come and claim it. ...(Interruptions)... But, if there is anything more to be done, I can tell you, I have an open mind, and we will come back to the House. Then, next, I come to small things, small for us, but big for them. Like the words, 'fuel, fuel wood strewn around'. Well, it can be done in the rules. It will be included in the rules. I think, that point has been raised by two-three speakers. But, more important, then, may I go to the basic question of the thinking of the Government about what is a generation. According to us, it is 25 years, and some others did claim for 30 years, 32 years. Some say, 18 years and some say, 21 years. Now, on this matter, if need be, I will come back to the House. If need be, we will come back to the House.

SHRIMATI BRINDA KARAT: Sir, there was a clear assurance given by the GOM. When we had discussions with them, a clear-cut assurance was given that 25 years will not stand, it will be changed because nobody wanted it. How can you go back to pre-independence period of 1930? There was a clear assurance. ...(Interruptions)... Sir, you yourself had assured. Now, why are you using the words, 'if need be'? You give a categorical assurance.

SHRI P.R. KYNDIAH: No, no; I said, 'I will come back to the House'.

SHRIMATI BRINDA KARAT: No, Sir. You said, 'if need be'. Please understand. On this, I am with you. I am saying, Sir, that you had agreed. Please don't add the words, 'if need be'. You give a categorical assurance here, Sir, on this what was decided with the GOM, you will bring to the House. (Followed by 5u-kgg)

kgg/5u/8.35

SHRI P.R. KYNDIAH: Was it decided in the GOM? Yes, whatever is decided, why not?

SHRIMATI BRINDA KARAT: Sir, when we had a meeting, it was categorically said that 25 years will not be kept.

SHRI P.R. KYNDIAH: With all the respect, we cannot do it now. I have to come back to the House.

SHRIMATI BRINDA KARAT: Okay, Sir, but then do not say 'if need be'.

SHRI P.R. KYNDIAH: Okay, I apologise. The only thing is, do not you think I am very open?

SHRIMATI BRINDA KARAT: Sir, we cannot take it. Because it is the question of lives of millions of people. Sir, this is going against whatever you have told me. I am sorry to say this.

SHRI P.R. KYNDIAH: But, how do we go about it?

SHRIMATI BRINDA KARAT: Sir, you just give an assurance in the House that you will come back on the issue of 'generation'. I am saying you used the word 'if need be'.

SHRI P.R. KYNDIAH: I am saying that we will come back to the House on this issue. What more do you want? This is exactly what you want. I will come back to this House on this issue. What more do you want?

SHRIMATI BRINDA KARAT: Okay, Sir. Do you come back in the next Session of Parliament?

SHRI P.R. KYNDIAH: Yes, naturally. I do not have the time. Tomorrow is the last day of this Session.

SHRIMATI BRINDA KARAT: Nextly, some mention has been made about carrying bicycles and handcarts. This will be included in the rules because this is important. I know that handcarts and bicycles are the lifeline.

Then, on the schedule of beneficiaries by the Panchayats, it will be done. Another thing which appears to be very sensitive is the composition of the Panchayat Committee. We have already taken a view that the Committee should be balanced. There will be six members. Three are to be nominated by the Panchayat, of which two must be from Scheduled Tribes, and one woman; and of the other three representatives, there will be one each from the Revenue, from the Tribal Affairs and from the Forest. Is it all right? I am clear about this. (Interruptions)

SHRIMATI BRINDA KARAT: Sir, the JPC had given a suggestion about the evidence--oral evidence, etc.

SHRI P.R. KYNDIAH: Since we are coming back to the House we will take them up. So many things are said today from that side and this side. I cannot reply to each and every issue. But let me tell you that we are sensitive towards whatever is said over here. And we will come back to the House on the issues which are impediments to the effective implementation of Act. What more do you want? On anything that will impede the effective implementation of the Act, we will come before the House. What more do you want? I am giving you a blank cheque. Is it all right? (Interruptions) I thank you, Sir. I will not be able to reply to everything. I request you to please take note of this.

MR. DEPUTY CHAIRMAN: It is all right. (Interruptions)

SHRI S.S. AHLUWALIA: India is a signatory to the Indigenous and Tribal Population Convention, 1957, in ILO 107 Convention. We have ratified it in 2003 and in this JPC report also they have given a unanimous decision in 62.5: "All forest dwelling scheduled tribes and other traditional forest dwellers must be rehabilitated strictly in compliance with ILO 107 Convention and in strict compliance with the policy of prior informed concept." Whether we are doing that or not? Sir, can you just inform the House?

(Followed by 5w-kls)

GS-KLS/5W/8.40

MR. DEPUTY CHAIRMAN: Any other clarification ...(Interruptions)... Mr. Minister, would you like to react to it?

AN HON. MEMBER: He has already said that he would be coming back to the House.

SHRI P.R. KYNDIAH: I will come back to the House. ...(Interruptions)... I have given a very blanket assurance that on any matter which is sensitive or anything, which is impeding the effective implementation of this Act, I will come back to the House. ...(Interruptions)...

MR. DEPUTY CHAIRMAN: Now the question is:

 

That the Bill to recognise and vest the forest rights and occupation in forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not be recorded; to provide for a framework for recording the forest rights to vested and the nature of evidence required for such recognition and vesting in respect of forest land, as passed by Lok Sabha, be taken into consideration.

 

The motion was adopted.

Clause-2 -- Definitions

 

MR. DEPUTY CHAIRMAN: We shall now take up the clause-by-clause consideration of the Bill. First, clause 2. There are four amendments, Nos. 1, and 2 by Shri Kanjibhai Patel and Nos. 3 and 4 by Shrimati Brinda Karat. ...(Interruptions)... He said he would come back to the House. ...(Interruptions)... Are you pressing your amendments?

ӕ߳և ֙ (ָ֟) : ָ, ׌״֙ ָ , פ ӡ , ָ ֮֮ߵ ӡ ֈ ִ֮ ״֙ , ָ , ꯙ ׻ֵ

MR. DEPUTY CHAIRMAN: So, you are not pressing for your amendments. Now, Brindaji.

SHRIMATI BRINDA KARAT: Sir, I just want to read my amendment. Do not get irritated by this. This is going to affect the lives of so many people. "Fuel wood, stones and products from water bodies, including fish and weed", this is my amendment, Sir. What I understand from what he has clearly said is that he is going to include this in the rules. Therefore, I do not press my amendments.

MR. DEPUTY CHAIRMAN: Amendments not pressed. I shall now put clause 2 to vote.

Clause 2 was added to the Bill

 

Clause-3 -- Forest rights of Forest dwelling Scheduled Tribes and other traditional forest dweller.

MR. DEPUTY CHAIRMAN: Now, clause 3, there is amendment No.5 by Shri Kanjibhai Patel.

ӕ߳և ֙ : ָ, և ָ ֻ ߕ ׮ֻ֮ ׻֋ ֮ ïߓ ...(־֮֬)...

SHRIMATI BRINDA KARAT: You have not taken up my amendment regarding this generation thing.

MR. DEPUTY CHAIRMAN: You did not press.

SHRIMATI BRINDA KARAT: This is the most important amendment. ...(Interruptions)...

MR. DEPUTY CHAIRMAN: I said Amendment Nos. 3 and 4...(Interruptions)...

SHRIMATI BRINDA KARAT: Sir, let me get this. ...(Interruptions)... Sir, this generation thing is very important. This is the main thing.

MR. DEPUTY CHAIRMAN: I have put both the amendments to vote.

SHRIMATI BRINDA KARAT: Okay, Sir.

To carry bicycle and handcart

ֳ֯ן : Not pressed. Brindaji, amendment No.6.

SHRIMATI BRINDA KARAT: About others who have settled in forest areas by Government policy, what is the reply of the Minister on that? ...(Interruptions)... He has not said. ...(Interruptions)... He has given a categorical assurance. ...(Interruptions)... It is already over.

MR. DEPUTY CHAIRMAN: I shall now put clause 3 to vote.

Clause 3 was added to the Bill.

(Followed by 5X)

SSS/SC/8.45/5X

Clause 4: Recognition of and vesting of forest rights in forest dwelling Scheduled Tribes

 

MR. DEPUTY CHAIRMAN: There are two amendments Nos. 7 and 8 by Shrimati Brinda Karat. Are you withdrawing?

SHRIMATI BRINDA KARAT: Sir, on this, my understanding is that the Minister would kindly confirm that he has made a categorical statement that all those who have been settled in forest areas by Government will not be disturbed. Sir, I withdraw that.

MR. DEPUTY CHAIRMAN: So, you are not pressing. I shall now put Clause 4 to vote.

SHRIMATI BRINDA KARAT: Sir, amendment No. 8 is there.

MR. DEPUTY CHAIRMAN: I was putting both to vote and you said both.

ߴ֟ Ӥ ָ : ָ, ָ ? פֵ ־ֻ

ֳ֯ן : ֲ ֻ , פֵ ־ֻ ֯ ׻֋

.ӟ ־ : ֮ ӡ ״ֻ֟

ߴ֟ Ӥ ָ : ״ֻ֟

ֳ֯ן : Ӥ , -֟ ֚, You have to explain both amendment Nos. 7 and 8.

SHRIMATI BRINDA KARAT: Okay, I am sorry, Sir, it is entirely my fault. Sir, "in consultation with independent ecological and social scientists familiar with the area" You have accepted it.

SHRI P. R. KYNDIAH: Yes.

SHRIMATI BRINDA KARAT: Okay.

 

..׻ֵ : ָ, ӡ ꯙ ֛ He is addressing the nation through this House and he is addressing the Chair. When he is making any assurance in the House, he should stand up and speak. By sitting and speaking...(Interruptions)... ֕ ?..(־֮֬).. Is it a private affair of two persons? It is not.

ֳ֯ן : , ꯙ ..(־֮֬)..

ֵ֮ ֻ ָ : ֟ ׻֋, ֯ ӡ ֮֋ ..(־֮֬..

MR. DEPUTY CHAIRMAN: I shall now put clause 4 to vote.

Clause 4 was added to the Bill.

Clause 5 was added to the Bill.

 

Clause 6: Authorities to vest forest rights in forest dwelling Scheduled Tribes and the procedure thereof.

 

MR. DEPUTY CHAIRMAN: There are two amendments Nos. 9 and 10 by Shrimati Brinda Karat.

SHRIMATI BRINDA KARAT: Sir, No. 9, "schedule of beneficiaries" is to be added in that.

SHRI P. R. KYNDIAH: I have agreed.

SHRIMATI BRINDA KARAT: Have you accepted?

MR. DEPUTY CHAIRMAN: He is saying that he has already agreed.

SHRIMATI BRINDA KARAT: I hope the record says that he agrees. (Interruptions) He has agreed to all these!

SHRI P. R. KYNDIAH: In fact, when I replied I had explained that this would be included in the rules.

SHRIMATI BRINDA KARAT: Thank you, Sir. That is all I want it formally.

MR. DEPUTY CHAIRMAN: Mr. Minister, both 9 and 10?

SHRI P. R. KYNDIAH: Yes, both.

MR. DEPUTY CHAIRMAN: So you don't press it.

MR. DEPUTY CHAIRMAN: I shall now put clause 6 to vote.

Clause 6 was added to the Bill.

Clauses 7 to 13 were added to the Bill.

 

MR. DEPUTY CHAIRMAN: There is one amendment No. 11 for insertion of a new Clause 13 A by Shri Kanjibhai Patel.

ӕ߳և ֙ : ָ, ָ և؛ ֻ ֟ , ֮ ָ ֟ ָ , Wild Life Act Forest Conservation Act, ָ ׯϾ ֋, ׻֋ ֌

SHRI P. R. KYNDIAH: I have given an assurance that we will take up all these sensitive issues. I will come back to the House.

MR. DEPUTY CHAIRMAN: So, he is not pressing.

Clause 14 was added to the Bill.

Clause 1, the Enacting Formula, the Preamble and the Title were added to the Bill.

 

SHRI P. R. KYNDIAH: Sir, I move:

That the Bill, as amended, be passed.

The question was put and the motion was adopted.

(Followed by NBR/5Y)

-SSS/NBR-ASC/5Y/8.50.

MESSAGE FROM LOK SABHA

THE ADMINISTRATIVE TRIBUNALS (AMENDMENT) BILL, 2006

SECRETARY-GENERAL: Sir, I have to report to the House the following message received from the Lok Sabha, signed by the Secretary-General of the Lok Sabha:

"In accordance with the provisions of rule 120 of the Rules of Procedure and Conduct of Business in Lok Sabha, I am directed to inform you that Lok Sabha, at its sitting held on the 18th December, 2006, agreed without any amendment to the Administrative Tribunals (Amendment) Bill, 2006, which was passed by Rajya Sabha at its sitting held on the 14th December, 2006."

 

(Ends)

SPECIAL MENTIONS

MR. DEPUTY CHAIRMAN: Now, let us take up Special Mentions. Shri Vijay Darda.

NEED TO REVIEW SAFETY STANDARDS AND PRACTICES OF IAF

SHRI VIJAY J. DARDA (MAHARASHTRA): Sir, recently, on 21st November, 2006, a MiG-29 fighter aircraft of the Indian Air Force crashed shortly after takeoff from the IAF airfield at Jamnagar, Gujarat. The pilot was able to eject himself from the aircraft.

As reported, this is the seventh air crash of an IAF aircraft and also the sixth crash of a MiG aircraft during the current year itself. From the Jamnagar airbase alone this is the third crash of an IAF aircraft after takeoff. Earlier, a MiG-29 aircraft had crashed after takeoff on June 8, caused by an in-flight fire, and prior to that this year, on January 17, a MiG-21 aircraft crash was caused by 'explosion of rocket during firing.'

Although there have been some on-going controversies over the rising the number of MiG crashes, the latest crash has once again brought into focus the safety record of the IAF. Over 90 IAF MiG aircraft have crashed in the past eleven years and some 200 aircraft have been lost during this period. During the last decade, on an average, the IAF lost about 22 aircraft and 16 fatalities were reported every year.

It is a matter of serious concern and, therefore, it is urged that the Government may review, on a priority basis, the safety standards, the operating procedures and practices followed by the IAF at various airbases, including Jamnagar, so as to update and upgrade them suitably to save the loss of valuable lives and the costly aircraft. Thank you. (Ends)

VP/LT

CONCERN OVER SLUGGISH ATTITUDE OF AIRPORT

AUTHORITY IN SECURITY MATTERS IN MUMBAI.

 

SHRI SANJAY RAUT (MAHARASHTRA): Mr. Deputy Chairman, Sir, I would like to draw your attention to a very serious issue relating to airport security, particularly, at the Mumbai Airport. At present, we are facing very serious threat to our internal security and have witnessed many tragic incidents since last two years. The hon. Prime Minister and also the Home Minister have expressed their deep concern on the floor of the House, explaining that serious threat to the security of the nation is from air and seashore.

One private company which looks after ground-handling operations of 23 international airlines at the Mumbai Airport has reportedly recruited some employees, who have criminal cases against them. These tainted employees with criminal background move freely in and around the Mumbai Airport area. The employees of criminal background are dangerous to law abiding air passengers.

In this connection, I feel that the Airports Authority is not taking any strict and responsible action while issuing entry passes to the contractor and its employees. I wish to state emphatically that no Government can escape from its responsibility of giving security to the passengers, the airport and the country.

I have already informed about it to the Ministry of Civil Aviation. I now wish to draw the attention of the hon. Home Minister on this subject. I request the Government to take strict and immediate action in the matter and issue appropriate, fresh guidelines while recruiting any employee at sensitive areas like airports. (Ends)

DEMAND TO GIVE CONSTITUTIONAL STATUS

TO RAJASTHAN LANGUAGE.

 

ֵ ֺ (ָӛ) : ֳ֯ן , ֤ ֕ã֮ -ֵ ־֮ֆ ֟ ֮ ֮ ָ ֳ 10 ׌ ֕ã֮ Ӳ׬֟ ׻ֵ ֯ ֟֓ߟ ßֻ ֕ã֮ -, ו֮ ִ ָ ָ֛ ֟ , ֕ã֮, ׸, ֬ Ϥ ֻ־ ־ ֕ã֮ ֯ ֵ , ו ֛ פ ן ֕ã֮ , ֙, ֮, ־, ߟ, ־֟, ֆ ִ ߟ ֤ ߾֮ ֤֯ ֕ã֮ ִ þ֟ӡ , וִ ָ ׬ ֲ

֕ã֮ Ӿ׮ ֮֟ ֯ ׾֮֬ ֚ ״׻֟ ֮ ׻֋ ־ԣ ֵ㌟ ֤ ֻ ֕ã֮ ן ֮֟ Ϥ֮ š״ ֕ã֮ Ӿ׮ ֮֟ Ϥ֮ ֮ ֟ ֻ ָߵ ֕ã֮ ֮֟ ӑ ״ן ִ֣Ԯ ִ֮֟ ָ ־ ׾׿™ ׌ֵ ӯ ֳ ֕ã֮ ֵ, וִ֮ ֮֕ן, ָ, ֯ן ״׻֟ , ִ֣Ԯ

þ֟ӡ֟ ֿ֟ ָ ־Դ֮ ן ™ ֣-֣ ֳ ߵ ֆ ד֟ ִ֣Ԯ Ϥ֮ ֋ ֕ã֮ ׾ֿ ״֟ , ׻ ֮ ֻ : ֕ã֮ ߑПֿߑ Ӿ׮ ֮֟ Ϥ֮ ־֮ ִ֮ ֮ (ִ֯)

PK-NB

 

IMPACT OF BAN ON GUTKA ON ARECANUT GROWERS OF KARNATAKA AND KERALA AND NEED TO BAN IMPORT OF ARECANUT

 

SHRI JANARDHANA POOJARY (KARNATAKA): India is world's largest producer of quality arecanut. The country is self-sufficient in arecanut with Karnataka and Kerala contributing a substantive portion. Crores of people are dependent on production and processing of arecanut, directly and indirectly, in the country. Most of the arecanut growers hail from socially and economically weaker sections of the society and ninety per cent of them hold less than one hectare of land. Arecanut is the major ingredient of gutka.

The proposal of the Government to ban gutka has sent shock waves among the arecanut growers, as this has resulted in the price of arecanut falling steeply. Their woe is further compounded by the import of substandard arecanut clandestinely from neighbouring countries.

Arecanut has been erroneously described as injurious to health in the Prevention of Food Adulteration Act. Ayurveda records arecanut's beneficial effects. Scientists have proved the positive effect of arecanut on human beings and it is found that arecanut could be used for preparing medicines, chocolates, etc. A breakthrough in this direction is expected shortly. Therefore, arecanut should be deleted from the list of harmful substances described in the Act.

The proposed ban on gutka has greatly agitated the arecanut growers and workers. Therefore, considering the above facts, I appeal to the Government to desist from banning gutka until arecanut's alternative uses become viable.

The Government may also consider preventing import of arecanut from neighbouring countries and setting up of Arecanut Board to look after the welfare of the arecanut growers. Thank you, Sir. (Ends)

 

CONCERN OVER IRREGULARITIES IN REPAIR WORKS OF GOVERNMENT ACCOMMODATIONS IN DELHI

 

ֵ֮ ֻ ָ (ָ֟) : ֳ֯ן , ָָ ֮ ߵ ׮ִ ׾ֳ ָ פ ã֟ ָָ ֮ ָ֟ ֯ פ֮ , פ ָָ ֮ ׬ӿ ֻ֟ ֮ߵ ׮ִ ׾ֳ ֕Ը ֮ ִֵ-ִֵ ָ ָ ָ ָ֟ ֟ , ָ ָ֟ ֵ ֮ ׿ףֻ֟ ָ֯ ָ ֲә ֮ ׬ ߮ ֟ ֲә ָ֮ ֮ ֛ ָָ ֮ ָ֟ ֵ և ֟ ߮ ֤ ֲ ֲә ֮ פ ֟ , ִ - ״ֵ ֟ ֵ օ ׻֋ פ ָ.. , -8 ã֟ ֮ ֻ ֋ ָ֟ ֵ ֮ ָ֟ ֤ ֵ

: ߵ ׮ִ ׾ֳ ָꌟ ֵ ֻ ָ ֋ ָ֟ ֵ ׿ףֻ֟ ָ֯ ָ֮ ֻ ׳ֵӟֆ/ָ ׾ֹ ד֟ ֮֟ ֵԾ ֋ ֮־֤

(ִ֯)


PB-HMS

NEED TO APPOINT PROFESSIONAL OFFICERS

IN DOORDASHAN AT HIGHER POSTS

ִ ֻ ֳϾֻ (ӕֲ) : , Ԯ ׾ ןš ӟ֮֕ ׯ֔ Ԯ ׯϵ֟ ֱ ָ־֙ և ֻ֮ ֻ ׯϵ֟ ָ־֙ ֮ ܵ ָ , ־׵ ו ָָ ֵ ָ ϳ־ ֛ , ֮ߵ Ԯ ׮ֵӡ ֻ ָߵ ׬׸ ֣ : ָָ Ԯ ™ ןֳ־֮ ׌ ׮ֵ㌟ ֻ ָߵ ׌ֵ ׮ֵ׌ Ԯ ׾ , ܵ ִֵ ָ֟ ݵ ֻ ׬ָ ׸š ֲֻ ֚ ϴ ֮֮ ݵ ָָ ׮־ Ԯ ׻֋ ִֵ ׌ֵ ָ ׾ָ֓ (ִ֯)

 

NEED FOR NATIONAL MOSQUITO CONTROL PROGRAMME

SHRI K.P.K. KUMARAN (TAMIL NADU): "Chikungunya" happens to be the latest entry in the list of diseases caused by mosquitoes, Dengue being the immediate earlier entry. The magnitude of the havoc is not two-fold but many fold. The time factor too has got complicated. The previous notion was that the mosquito-related diseases were seasonal. Now, it has been found that there is no off-season for the vector. Hence, the previous strategy of controlling these diseases on an ad hoc basis after their outbreak would not be of any use. The age-old dictum that "Prevention is better than cure" alone holds true.

A National Programme for Mosquito Control should be launched which should include the following:-

Intensive public awareness campaign about how to prevent mosquitogenic conditions using Government and private media.

Enforcement of existing Acts, with increased fines and penalties, to prevent mosquitogenic conditions.

If necessary, introduction of bye-laws for urban and rural areas for prevention of mosquitogenic conditions.

Providing fund to be local bodies to purchase equipment like rafts with on board motors for spraying larvicide in the waterways, fogging machines, etc.

Providing fund for the purchase of larvicide and other consumables.

Providing training for employees of the local bodies for these operations.

Funding research on identifying the predominant breeding sources for mosquitoes. Thank you, Sir. (Ends)

psv-skc

REGULARISATION OF CASUAL OR

TEMPORARY WORKFORCE IN 'INDIAN'

 

SHRI B.K. HARIPRASAD (KARNATAKA): Sir, the privatisation/ modernisation of metro airports at Mumbai and Delhi, despite reservation from workers' unions on job security, came through after the Government assured the unions that the workers' interests would be protected.

This privatisation process was not to be attempted in any other airport. However, the national carrier, 'Indian', seems to have set in the process of privatisation of Bangalore and other cities in the South through engagement of loaders/ helpers provided by private vendors, ignoring the legitimate claim of casual workers for regularization in such posts. The claims of such workers on the rolls of 'Indian' as casual/ temporary workmen for regularization have been upheld by various High Courts and Industrial Tribunals through awards directing the Indian management to consider their suitability in preference to workforce hired through private vendors.

I would urge the Ministry of Civil Aviation to adopt a more humble and accommodative approach towards casual/ temporary workers serving in the national carrier since long by regularising their services without recourse to privatisation. (Ends)

INTERLINKING OF RIVERS IN BIHAR

֮ ֻ ӛ (ײָ) : , ײָ ֲ ׬ ֜ ϳ׾֟ ֻ ֕ , ן־ ֻ ֲԤ ֣-֣ ֮-ֻ ָ ן ֣ ֙׸, ִ ֣ ϴ ֣ ֿ֮֟ ֵ ד֮֮ , ӛ, ִ֟ ֻ פ ֻ-ßָ ׮ֵס֟ ׻֋ ֻ ߵ ׮ִ ֵ ֋ , ׸֮ ָֻ֟ ָ ֻ ִ־ , 2001 ָ֬ ָ ֯ ߵ ֟ 22,150 ֋ ֌׻֟ և ָ ִ֟, ֻ ֻ֮ ӛ ָ ߵ ֟ ָ ֋ և ֟Դ֮ ϓ׻֟ ָ ֟ ׬ ֋ ֣ ׮ִ ׬ ִ ֮֓ ָ ֟ ֛ ֮ ך ׾֢ߵ ִõ ߅ ֋ ׸ãן ײָ ֕ ֮֮ ֤ פ ӛ ֳ פ ٴֻ֮ ־ֿ ֵ ֟ , ׮׿֟ ֜-׮ֵӡ ֣-֣ ֓և-׾֬ ֵ֮ ֻ-ϲӬ֮ ָ ֻ ֮֮ ֻ ߵ ׮ִ ֮ ֮ ׿ ־ֿ ߅

: ׾ֵ ִ֮ , ׾ֿ ִ֬ , ָָ ֮ ™

(ִ֯)

AKA-HK/6d

DEMAND FOR IMPROVEMENT IN SERVICES OF MTNL'S DOLPHIN AND CDMA MOBILES

ִ֮ ֚ (׿ִ ֻ) : , ֕ ֲ ׮֕ և ׮ֵ ֮ GSM SDMA ׮ָָ ׾ßָ פ ֣ NCR ־ָ ֻ ײ֔ פ , MTNL ׻ ֹ ֋ ׮ָָ ֲָ פ ־ָ , ߌ ײֻ֕ ֮ ָ ִ Ӥ Ӆ ֣ ״ֵ ָ ֻ, ߻ , ֱ ־ָ , ִ ֻ ׾ָ ָ ־ָ ִ օ : MTNL ݮֻ ײֻ ֟, ֲ ׮ֵ ݮֻ ֟ ֻ ֮֮ ׾ָ, , ꋛ, ֲ֤ ֳ NCR ֳꌟֆ ׻ ꌿ֮ Ӥ ׮֕ ׮ֵ ꌿ֮ ֛ ֹ ֻ ָꌟ ֻ׮ֵ ־ ֵ: פ ֬ ֹ ݮֻ ֟ꅠ ֕ ָ ֹ ־ָ , ָ ß׾ פ ߴӟ NCR ֹ ݮֻ ײֻ ״ֻ֟, ֲ֕ ֋ ֤֮ ֛

: ӓָ ӡ ׾ֵ ָ ֮ ׮׿֟ ֻ, ״ֵ ָ, ֮֮ ׾ָ, NCR ׻ ֹ ֋ ݮֻ ֣ ״ֻ, ו ӟ™ ָָ ֕þ ״ֻ ֮־֤ (ִ֯)

CONCERN OVER DEMOLITION OF BATALA HOUSE IN DELHI

SHRI SYED AZEEZ PASHA (ANDHRA PRADESH): Sir, nearly 60,000 residents of Batala House and Abul Fazal Colony-I&II, Okhla, Delhi are facing demolition due to the recommendations of Usha Mehra Committee who were assigned to propose steps for beautification of Jamuna River. The Committee suggested removing all the structures falling within 300 metres of Jamuna river. But instead of measuring from the middle of the river, which is the usual practice, the Committee directed to measure from the banks and, secondly, the Committee asked DDA instead of asking Flood Control Authority or Revenue Officials. Hence, 60,000 residents of the said localities are facing the severe threat of demolition due to this order.

Sir, we have submitted a memorandum to the hon. Prime Minister seeking his intervention to appoint a sitting Supreme Court or High Court Judge to go down deeply into the matter and come out with concrete recommendations. Hence, I reiterate the same request in this august House while hoping that the residents of Batala House and Abul Fazal Colony-I&II will get the relief immediately. I request the hon. Urban Development Minister to intervene and save thousands of people in the capital of India whose colonies were supposed to have regularised instead of demolished. (Ends)

GSP

CONSTITUTIONAL RIGHTS OF DALITS IN ORISSA

SHRI PRAVEEN RASHTRAPAL (GUJARAT) : Sir, as reported in leading newspapers, Dalits of village Keredagada, Kedrapada District of Orissa were not allowed to enter Temple in spite of Ranchi High Court order. The non-Dalit of the said village joined together and decided to purify the temple which according to them was polluted by the entry of Dalits. The administration there had not taken urgent action to protect the Constitutional rights under Article 14, 17 and 25. This amounts to insult of Dalits all over the country. The Central Government, in particular, the Home Ministry should act fast and see that Dalits in Orissa and other parts of India are allowed to avail their Human Rights.

(Ends)

 

DEMAND FOR INCREASE IN PAY SCALE OF GROUP B, C AND D EMPLOYEES OF EPFO

 

SHRI S. ANBALAGAN (TAMIL NADU): I would like to present the problems of employees of the Employees Provident Fund Organisation. Employees of the organisation face some genuine problems which I request the Minister of Labour and Employment to look into. This organisation administers provident funds of the workers of the private companies. Office of the Accountant General looks after the provident funds of the government employees. The later has been designated as the Account Oriented Department and they have been given separate pay scales but this status has been denied to the workers of EPFO even though both the organisations are dealing with the accounts relating to provident funds. I request the Minister to accord same status to the workers of EPFO as that of the employees of the office of the Accountant General. Xaviour Labour Research Institute has come out with a Report on the pay scales of the employees of the EPFO. As per this report, pay scales of the Group A employees of the organisation have been increased, but Group B, C and D employees have been left out. These employees form a majority in the organisation but their interests have been ignored. This is against the principles of natural justice. I request the Minister to look into the matter immediately and fulfil the genuine demands of the Group B, C and D employees of the organisation in this regard. Many vacancies pertaining to Group B, C and D posts are lying vacant in the organisation which affects the interests of millions of workers in the country. Hence, I request the Minister to take up this mater with EPFO for immediate filling up of vacancies. (Ends)


DEMAND FOR SETTING UP A FUND FOR WORKING JOURNALISTS

ֵ ֿ Ͼֻ (™ߵ ֮֕֬ , פ): ָ ס ס ßִ ֮ ֟ ס ֮ ִד֟ ֵ ֮ ֯ ״ ָ֡ ִָ֓ ָ ֵ ִד֟ ֯ ״ ׮ֳ֟ ֮ , ָ֡ ן ֟־ָ ײ֮ ִָ֓ ׻֋ ן׸ ϵ - ֮ ߾֮ ִ ֻ ֮ ֵ ֙֋ ֲ ֮ ֵ ָ֡ ֮ ߾֮ ֣ ֛ ԙ ׾ ֋ ׸ãן ָ֡ ׸ָ ֤õ ָ ֟ ׌ ֵ ֟

: ָָ ׾֪֮ ׸׮ִֵ ִ֕߾ ָ֡ ִָ֓ ֡ ԓָ ( ֟) ֲӬ ׬׮ִֵ 1955 ӿ֮ ִ֕߾ ָ֡ ׻֋ ִ֕߾ ָ֡ ׮׬ ã֮֯ ֮ ָָ ֋ (ִ֯)

 

MR. DEPUTY CHAIRMAN: The House is adjourned till 11.00 a.m. tomorrow.

********

The House then adjourned at fifty-two minutes past

eight of the clock till eleven of the clock on

Tuesday the 19th December, 2006

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