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VKK/1b/12.30

The House reassembled at thirty minutes past twelve of the clock,

MR. DEPUTY CHAIRMAN in the Chair

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PAPERS LAID ON THE TABLE

PROF. SAIF-UD-DIN SOZ: Sir, I beg to lay on the Table: -

I.  A copy each (in English and Hindi) of the following papers, under section 21 of the Brahmaputra Board Act, 1980:-

 

(a)

Annual  Report   and  Accounts  of  the  Brahmaputra  Board, Guwahati, for  the year 2005-2006, together with   the Auditor's Report on the Accounts.

 

(b)

Statement by Government accepting the above Report.

II. Statement (in English and Hindi) giving reasons for the delay in laying the papers mentioned at (I) above.

SHRI PREM CHAND GUPTA: Sir, I begto lay on the Table a copy each in (English and Hindi) of the following papers:-

 

(a)

Thirty-fifth Annual Report pertaining to the execution of the provisions of the Monopolies and Restrictive Trade Practices Act, 1969, for the period from 1st January, 2005 to 31st December, 2005, under section 62 of the Monopolies and Restrictive Trade Practices Act, 1969. 

 

(b)

Statement giving reasons for the delay in laying the papers mentioned at (a) above.

SHRI PRAFUL PATEL: Sir, I begto lay on the Table: -

I. A copy each (in English and Hindi) of the following Notifications of the Ministry of Civil Aviation under sub-section (3) of section 14A of the Aircraft Act, 1934, together with Explanatory Memoranda on the Notifications:-

 

(1) G.S.R. 181 (E), dated the 29th March, 2006, publishing the Aircraft (Amendment) Rules, 2006.

 

(2) G.S.R. 307 (E), dated the 24th May, 2006, publishing the Aircraft (Second Amendment) Rules, 2006.

II. (1) A copy each  (in English and Hindi) of the following papers, under sub-section (1) of section 619A of the Companies Act, 1956:-

 

(a)

Annual Report and Accounts of the Air India Limited and its subsidiaries, New Delhi, for the year 2005-2006, together with   the Auditor's Report on the Accounts and the comments of the Comptroller and Auditor General of India thereon.   

 

(b)

Review by Government on the working of the above Company.

(2) Statement (in English and Hindi) giving reasons for the delay in laying the papers mentioned at (1) above

SHRI PAWAN KUMAR BANSAL:  Sir, I beg to lay on the Table: -

I.  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. 764 (E) dated the 21st December, 2006, publishing Notification No. 47/2006-Central Excise, dated the 21st December, 2006, amending G.S.R.  96 (E) dated the 1st March, 2006, so as to extend exemption from excise duty, on equipment including machinery and rolling stock for Phase-I of Delhi MRTS Project, to specified corridors of Phase II also.

 

(2) G.S.R.804 (E) dated the 30th December, 2006, publishing Notification No. 48/2006-Central Excise, dated the 30th December, 2006, so as to maintain the effective rates of duty on new classification codes  proposed for certain items in the Finance Act, 2006, in accordance with changes made in the Harmonised System of Nomenclature.

 

(3) G.S.R.805 (E) dated the 30th December, 2006, publishing Notification No.49/2006 -- Central Excise, dated the 30th December, 2006, exempting certain excisable goods as described in the said Notification, from so much of the duty of excise specified thereon, under the First Schedule to the Central Excise Tariff Act, 1985 and in excess of the amount calculated at ad valorem roles specified therein in the said Notification.

 

(4) G.S.R.  57 (E) dated the 31st January, 2007, publishing Notification No.2/2007 -- Central Excise (NT), dated the 31st January, 2007, amending G.S.R. 10 (E) dated the 7th January, 2007, so as to revise the abatement rate on medicines for the purpose of MRP based assessment under section 4A of Central Excise Act, 1944 from 40% to 42.5% of MRP.

II.  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. 761 (E) dated the 20th December, 2006, publishing Notification No. 118/2006-Customs, dated 20th December, 2006 seeking to extend levy of anti-dumping duty imposed vide G.S.R 641 dated the 12th September 2002, on imports of Partially Oriented Yarn (POY), originating in, or exported from the Republic of Korea and Turkey, upto and inclusive of the 26th day of December, 2007, pending finalization of Sunset review investigations being conducted by the Designated Authority.

 

(2) G.S.R. 769 (E) dated the 26th December, 2006, publishing Notification No. 121/2006-Customs, dated the 26th December, 2006 seeking to impose final anti-dumping duty on imports of specified silk fabrics, originating in or exported from the People's Republic of China.

 

(3) G.S.R. 783 (E) dated the 30th December, 2006, publishing Notification No. 122/2006-Customs, dated 30th December, 2006, so as to maintain the effective rates of duty on new classification codes proposed for certain items in the Finance Act, 2006, in accordance with changes made in the Harmonized System of Nomenclature.

 

(4) G.S.R. 13 (E) dated the 8th January, 2007, publishing Notification No. 4/2007-Customs, dated the 8th January 2007, seeking to extend levy of anti-dumping duty imposed vide G.S.R. 615 (E) dated the 3rd September 2002 on imports of Trimethoprim (TMP), originating in, or exported from the People's Republic of China, upto and inclusive of 8th January, 2008, pending finalization of Sunset review investigations being conducted by the Designated Authority.

 

(5) G.S.R. 56 (E) dated the 31st January, 2007, publishing Notification No. 11/2007-Customs, dated the 31st January 2007, seeking to reduce the rate of anti-dumping duty for import of acrylonitrile butadiene rubber (NBR) produced by M/s. Korea Kumho Petrochemicals Co. Ltd, and originating as well as exported from the Republic of Korea, to U.S. $ 38.73 per MT from the previous US$ 138.39 per MT.

 

(6) G.S.R. 64 (E) dated the 6th February, 2007, publishing Notification No. 12/2007-Customs, dated the 6th February, 2007, seeking to extend levy of anti-dumping duty imposed vide G.S.R. 744 (E), dated the 31st October, 2002, on imports of Flexible Slabstock Polyol (FSP), originating in, or exported from the United States of America, Japan, European Union and Singapore, upto and inclusive of 10th February, 2008 pending finalization of Sunset review investigations being conducted by Designated Authority.

III.  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. 755 (E) dated the 14th December, 2006, publishing Notification No. 116/2006-Customs, dated the 14th December, 2006 amending G.S.R. 118 (E), dated the 1st March, 2002, so as to extend prescribed nil rate of customs duty on wheat upto 28th February, 2007.

 

(2) G.S.R. 763 (E) dated the 21st December, 2006, publishing Notification No. 119/2006- Customs, dated the 21st December, 2006, amending G.S.R. 118 (E), dated the 1st March, 2002, so as to extend exemption from customs duty on equipment including machinery and rolling stock for Phase I of Delhi MRTS Project, to specified corridors of Phase II also.

 

(3) G.S.R. 765 (E) dated the 22nd December, 2006, publishing Notification No. 120/2006- Customs, dated the 22nd December, 2006, amending G.S.R. 118 (E), dated the 1st March, 2002, so as to continue existing rates of import duty on palm group of oils beyond   31st December, 2006.

 

(4) G.S.R. 784 (E) dated the 30th   December, 2006, publishing Notification No. 123/2006- Customs, dated the 30th   December, 2006, amending G.S.R.805 (E) dated the 1st September, 1989, substituting certain entries in the said Notification.

 

(5) G.S.R. 785 (E) dated the 30th   December, 2006, publishing Notification No. 124/2006- Customs, dated the 30th   December, 2006, amending G.S.R. 157 (E) dated the 16th March, 1995, substituting certain words in the said Notification.

 

(6) G.S.R. 786 (E) dated the 30th   December, 2006, publishing Notification No. 125/2006- Customs, dated the 30th   December, 2006 amending G.S.R. 290 (E) dated the 2nd June, 1998, substituting certain entries in the said Notification.

 

(7) G.S.R. 787 (E) dated the 30th   December, 2006, publishing Notification No 126/2006- Customs, dated the 30th   December, 2006, amending G.S.R. 656 (E) dated the 2nd June, 1998, substituting certain entries in the said Notification.

 

(8) G.S.R. 788 (E) dated the 30th   December, 2006, publishing Notification No. 127/2006- Customs, dated the 30th   December, 2006, amending G.S.R. 582 (E) dated the 10th August, 1999, substituting certain entries in the said Notification.

 

(9) G.S.R. 789 (E) dated the 30th   December, 2006, publishing Notification No. 128/2006- Customs, dated the 30th   December, 2006, amending G.S.R. 178 (E) dated the 1st March, 2000, substituting certain entries in the said Notification.

 

(10) G.S.R. 790 (E) dated the 30th December, 2006, publishing Notification No. 129/2006- Customs, dated the 30th   December, 2006, amending G.S.R. 118 (E) dated the 1st March, 2002, substituting certain entries in the said Notification.

 

(11) G.S.R. 791 (E) dated the 30th   December, 2006, publishing Notification No. 130/2006 -- Customs, dated the 30th   December, 2006, amending G.S.R. 394 (E) dated the 13th May, 2003, substituting certain entries in the said Notification.

 

(12) G.S.R. 792 (E) dated the 30th   December, 2006, publishing Notification No. 131/2006 -- Customs, dated the 30th   December, 2006, amending G.S.R. 560 (E) dated the 31st August, 2004, substituting certain entries in the said Notification.

 

(13) G.S.R. 793 (E) dated the 30th   December, 2006, publishing Notification No. 132/2006- Customs dated the 30th   December, 2006, amending G.S.R. 122 (E) dated the 1st March, 2005, substituting certain entries in the said Notification.

 

(14) G.S.R. 794 (E) dated the 30th   December, 2006, publishing Notification No. 133/2006- Customs, dated the 30th   December, 2006, amending G.S.R. 123 (E) dated the 1st March, 2005, substituting certain entries in the said Notification.

 

(15) G.S.R. 795 (E) dated the 30th   December, 2006, publishing Notification No. 134/2006- Customs, dated the 30th   December, 2006, amending G.S.R. 497 (E) dated the 22nd July, 2005, substituting certain entries in the said Notification.

 

(16) G.S.R. 796 (E) dated the 30th   December, 2006, publishing Notification No. 135/2006-Customs, dated the 30th   December, 2006, amending G.S.R. 498 (E) dated the 22nd July, 2005, substituting certain entries in the said Notification.

 

(17) G.S.R. 797 (E) dated the 30th   December, 2006, publishing Notification No. 136/2006-Customs, dated the 30th   December, 2006, amending G.S.R. 499 (E) dated the 22nd July, 2005, substituting certain entries in the said Notification.

 

(18) G.S.R. 798 (E) dated the 30th   December, 2006, publishing Notification No. 137/2006- Customs, dated the 30th   December, 2006, amending G.S.R. 500 (E) dated the 22nd July, 2005, substituting certain entries in the said Notification.

 

(19) G.S.R. 799 (E) dated the 30th   December, 2006, publishing Notification No. 138/2006- Customs, dated the 30th   December, 2006, amending G.S.R. 86 (E) dated the 1st March, 2006, substituting certain entries in the said Notification.

 

(20) G.S.R. 800 (E) dated the 30th   December, 2006, publishing Notification No. 139/2006- Customs, dated the 30th   December, 2006, amending G.S.R. 92 (E) dated the 1st March, 2006, substituting certain entries in the said Notification.

 

(21) G.S.R. 801 (E) dated the 30th   December, 2006, publishing Notification No. 140/2006- Customs, dated the 30th   December, 2006, amending G.S.R. 393 (E) dated the 30th June, 2006, substituting certain entries in the said Notification.

 

(22) G.S.R. 802 (E) dated the 30th   December 2006, publishing Notification No. 141/2006- Customs, dated the 30th   December, 2006, amending G.S.R. 394 (E) dated the 30th June, 2006, substituting certain entries in the said Notification.

 

(23) G.S.R. 803 (E) dated the 30th   December 2006, publishing Notification No. 142/2006- Customs, dated the 30th   December, 2006, amending G.S.R. 468 (E) dated the 8th August 2006, substituting certain entries in the said Notification.

 

(24) G.S.R. 2 (E) dated the 2nd January 2007, publishing Notification No. 1/2007- Customs, dated the 2nd January, 2007 amending G.S.R.411 (E) dated the 9th July, 2004, substituting certain entries in the said Notification.

SHRI PAWAN KUMAR BANSAL: Sir, I beg to lay on the Table:-

I. A copy (in English and Hindi) of the Economic Survey, 2006-2007.

II. A copy each (in English and Hindi) of the following Corrigenda of the Ministry of Finance (Department of Economic Affairs), together with delay statement:-

 

(1) ADVT./III/IV/218A/2006-Exty., dated the 23rd September, 2006, publishing the  corrigendum to Notification No. 06-07/Per/115, dated the 2nd June, 2006, regarding the Purvanchal Gramin Bank (Officers and Employees) Service Regulations, 2005.

 

(2) No. MBGB/HO./7576/06, dated the 10th October, 2006, publishing the corrigendum to Notification ADVT/III/IV/330-E/2006/Exty., dated the 1st August, 2006, regarding the Madhya Bihar Gramin Bank (Officers and Employees) Service Regulations, 2006.

III.  A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Economic Affairs) under section 31 of the Securities and Exchange Board of India (SEBI) Act, 1992:-

 

(1) F. No. SEBI/LAD/DOP/82534/2006, dated the 27th December, 2006, publishing the Securities and Exchange Board of India (Mutual Funds) (Fourth Amendment) Regulations, 2006.

 

(2) F. No. SEBI/LAD/DOP/83065/2006, dated the 27th December, 2006, publishing the Securities and Exchange Board of India (Mutual Funds) (Fifth Amendment) Regulations, 2006.

 

(3) No. 11/LC/GN/2007/1406, dated the 3rd January, 2007, publishing Notification repealing the Securities and Exchange Board of India (Central Listing Authority) Regulations, 2003.

 

(4) No. SEBI/LAD/DOP/1446/2007, dated the 9th January, 2007, publishing the Securities and Exchange Board of India (Foreign Institutional Investors) (Amendment) Regulations, 2007.

IV.  A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Economic Affairs), under sub section (2) of section 30 of the Regional Rural Banks Act, 1976:-

 

(1) No. 50/Ka/HRM/2006-07/178, dated the 27th April, 2006, publishing the Baroda Rajasthan Gramin Bank (Officers and Employees) Service Regulations, 2006, along with delay statement.

 

(2) No. 06-07/Per/115, dated the 2nd June, 2006, publishing the Purvanchal Gramin Bank (Officers and Employees) Service Regulations, 2005, along with delay statement.  

 

(3) ADVT/III/IV/330-E/2006/Exty., dated the 1st August, 2006, publishing the Madhya Bihar Gramin Bank (Officers and Employees) Service Regulations, 2006, along with delay statement.  

 

(4) ADVT./III/IV/340-E/06/Extraord.), dated the 5th September, 2006, publishing the Baroda Eastern Uttar Pradesh Gramin Bank (Officers and Employees) Service Regulations, 2006, along with delay statement.  

 

(5) No. PAD/763/2001-2002, dated the 7th October, 2006, publishing the Cauvery Kalpatharu Grameena Bank (Officers and Employees) Service Regulations, 2006, along with delay statement.  

 

(6) No. PRS (S & F)/02/2006-07/207, dated the 4th November, 2006, publishing the Uttar Bihar Kshetriya Gramin Bank (Officers and Employees) Service Regulation, 2006, along with delay statement.  

 

(7) No. AGVB/PER/Estt.-B/08/01/2006, dated the 30th November, 2006, publishing the Assam Gramin Vikash Bank (Officers and Employees) Service Regulations, 2006, along with delay statement.  

 

(8) F.No.12/7/2006-RRB, dated the 11th December, 2006, publishing the Chambal-Gwalior Kshetriya Gramin Bank (Name of the Bank) (Officers and Employees) Service Regulations, 2006.

 

(9) F.No.12/7/85-RRB, dated the 11th December, 2006, publishing the Saptagiri Grameena Bank (Officers and Employees) Service Regulations, 2006.

 

(10) F.No.12/7/2006-RRB, dated the 2nd January, 2007, publishing the Narmada Malwa Gramin Bank (Officers and Employees) Service Regulations, 2001.

(Ends)

..... (Interruptions) ......

REPORT OF THE DEPARTMENT RELATED PARLIAMENTARY

STANDING COMMITTEE ON HOME AFFAIRS

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SHRI V. NARAYANASAMY (PONDICHERRY): Sir, I beg to lay the One Hundred Twenty-third Report (in English and Hindi) of the Department-related Parliamentary Standing Committee on Home Affairs on the Sashastra Seema Bal Bill, 2006.                        (Ends)

MR. DEPUTY CHAIRMAN:  Please, please... (Interruptions)... Statement by the Minister...(Interruptions)...

STATEMENT RE: PREVENTIVE DETENTION
OF OTTAVlO QUATTROCCHI IN ARGENTINA

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THE MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS (SHRI SURESH PACHOURI): Mr. Deputy Chairman Sir, according to information received from CBI, a message was received on 7.2.2007 from IP Buenos Aires that Ottavio Quattrocchi was detained on 6.2.2007 at Iguazu International Airport, Province of Misiones, Argentina.

..... (Interruptions) ......

       On 7.2.2007 itself IP New Delhi, sent a message to IP Buenos Aires, requesting for confirmation of the veracity of its message regarding the preventive detention of Ottavio Quattrocchi and sought information about the flight details of Ottavio Quattrocchi i.e. place from where Ottavio Quattrocchi had arrived and his destination etc.

..... (Interruptions) ......

       IP Buenos Aires vide its message dated 8.2.2007, confirmed the detention of Ottavio Quattrocchi and wanted to know whether the Indian authorities were interested in the arrest of Ottavio Quattrocchi and whether India will send a formal request for his extradition through diplomatic channels. IP Buenos Aires also mentioned that the Extradition Request along with Spanish translation must be in accordance with the Argentinian Extradition Act and must reach the Government of Argentina within 30 days from the date of Ottavio Quattrocchi's detention.

..... (Interruptions) ......

       Immediately, on the same day, CBI responded confirming the same. CBI also requested IP Buenos Aires to indicate the legal requirements for extradition in the absence of a formal Extradition Treaty between India and Argentina.

..... (Interruptions) ......

       Thereafter, CBI diligently started preparing the extradition request. CBI availed of the services of translators, including that of the School of Foreign Languages, JNU, New Delhi, for the translation of statement/documents required for extradition request.

..... (Interruptions) ......

       On 12.2.2007, the detention of Ottavio Quattrocchi in Argentina was confirmed through diplomatic channels.

       On 13.2.2007, CBI wrote to MEA for a copy of Argentinian Extradition Act with English translation and list of documents to be incorporated in the extradition request. As there is no Extradition Treaty between India and Argentina, CBI also sought MEA's advice as to how to overcome this problem in the legal framework of Argentinian extradition law. CBI also requested MEA to ascertain the convenience of Argentinian authorities for the visit of CBI team in this connection.

..... (Interruptions) ......

       On 13.2.2007, CBI sent a communication to IP Buenos Aires asking for certain informations/documents, namely, a copy of the Argentinian Extradition Act with English translation; list of documents to be incorporated in the extradition request; the procedure to be followed in the absence of Extradition Treaty between India and Argentina. CBI also asked IP Buenos Aires whether it should send its team to Argentina and, if yes, the date thereof.

..... (Interruptions) ......

       On 13.2.2007, IP Buenos Aires informed CBI that Ottavio Quattrocchi had been detained in the Province of Misiones and indicated the requirements of Argentinian extradition law.

..... (Interruptions) ......

       On 16.2.2007, CBI received a communication through diplomatic channels, inter alia, indicating that even though India and Argentina did not have an Extradition Treaty, yet India could make a request for extradition of Ottavio Quattrocchi under the Argentinian law; that the matter was presently pending in the court of Misiones province; that court had appointed Dr. Carlos Guilleremo Daneri, Public Prosecutor, on behalf of Government of India and that India would have to give an offer of reciprocity for seeking extradition of Ottavio Quattrocchi etc. After the preparation of extradition request, CBI held a meeting with the officers of Legal and Treaty Division of MEA on 22.2.2007, and got the draft extradition request vetted.

..... (Interruptions) ......

       It may be mentioned that Non Bailable Warrant against Ottavio Quattrocchi dated 6.2.1997 was issued by the Court of Special Judge, Delhi under various provisions of law, including that of the Prevention of Corruption Act. However, in view of the orders dated 4.2.2004 and 31.5.2005, passed by the Hon'ble Delhi High court, the proceedings against public servants and certain other accused persons had been quashed. To effect the extradition of Ottavio Quattrocchi and to fulfil the requirements of Argentinian Extradition Law, it was felt necessary to seek a fresh warrant of arrest against Ottavio Quattrocchi which was obtained from CMM, Delhi on 24.2.2007.

..... (Interruptions) ......

       CBI sent the extradition request to the Government on 24.2.2007 for completing required diplomatic and legal formalities.

       Mr. Chairman Sir, from the above information made available by the CBI, it would be evident that CBI has been diligently preparing for making an extradition request in accordance with the provisions of Argentinian law and within the stipulated time of 30 days for making the request. The fact that the extradition request prepared by the CBI in accordance with the procedure and substantive provisions of Argentinian extradition law, comprising about 300 pages, itself indicates that this voluminous documentation has been prepared within the quickest possible time frame. Further, as according to Argentinian law, the extradition request and accompanying documents have to be in Spanish language, the Spanish translators available in Delhi, including those from one of our leading Universities, were pooled. The translation work, being technical in nature, was time consuming. Even so, the translation work has been completed at the earliest.

..... (Interruptions) ......

       We have been informed on 26.2.2007 at 7.43 pm that Ottavio Quattrochhi has been released on bail from preventive detention by the Federal Court in Argentina, with the condition that he will not leave Argentina. This will have no bearing on the extradition proceedings being initiated by our Government.

..... (Interruptions) ......

       The Government is processing the request of extradition with utmost urgency and a CBI team is scheduled to reach Buenos Aires well before the expiry of the stipulated 30 days time.

       UPA Government is fully committed to the autonomy of CBI and will render all possible assistance for the performance of its functions.

(Ends)

MR. DEPUTY CHAIRMAN: Please, please...(Interruptions).... The House stands adjourned to meet tomorrow at 1 o'clock.

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The House then adjourned at thirty-four minutes past

 twelve of the clock till one of the clock

 on Wednesday, the 28th February, 2007.

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