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CHAPTER-XII

COMMITTEE ON HEALTH AND FAMILY WELFARE

I. COMPOSITION OF THE COMMITTEE 12. The Department-related Parliamentary Standing Committee on Health & Family Welfare was constituted on 5th

August, 2005 and re-constituted w.e.f. 5th August, 2006. 12.2 The Committee consists of the following members: -

COMMITTEE ON HEALTH AND FAMILY WELFARE (As on 5.8.2005)

1. Shri Amar Singh — Chairman

RAJYA SABHA 2. Shrimati Sukhbuns Kaur 3. Shri Yusuf Sarwar Khan alias Dilip Kumar 4. Prof. P.J. Kurien 5. Dr. A.K. Patel 6. Shrimati Maya Singh 7. Dr. M.A.M. Ramaswamy 8. Shri R. Sarath Kumar 9. Shri Lalming Liana *10. Shri Digvijay Singh

LOK SABHA 11. Shri D.K. Adikesavulu 12. Shri M. Ambareesh 13. Shrimati B. Sushila Devi Laxman 14. Dr. Babu Rao Mediyam 15. Dr. Ram Chandra Dome 16. Shrimati Maneka Gandhi 17. Shrimati Bhavana Pundlikrao Gawali 18. Shri S. Mallikarjunaiah 19. Dr. Chinta Mohan 20. Shri Rasheed Masood 21. Shrimati Archana Nayak 22. Shri D.B. Patil 23. Shri Nakul Das Rai 24. Shri Rajendra Kumar 25. Shrimati K. Rani 26. Dr. Mohd. Shahabuddin 27. Dr. Arvind Kumar Sharma 28. Shri Uday Singh 29. Shrimati V. Radhika Selvi 30. Shri Kailash Nath Yadav 31. Dr. Karan Singh Yadav * Nominated w.e.f. 13th of December, 2005

COMMITTEE ON HEALTH AND FAMILY WELFARE (As on 5.8.2006)

1. Shri Amar Singh — Chairman

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10/3/2008http://10.21.217.2/committeessum/2006/chapter_12_13.htm

RAJYA SABHA 2. Prof. P.J. Kurien 3. Shri Su. Thirunavukkarasar 4. Shrimati Maya Singh 5. Shri Digvijay Singh 6. Dr. M.A.M. Ramaswamy 7. Shri Lalhming Liana 8. Shrimati Viplove Thakur 9. Vacant 10. Vacant

LOK SABHA 11. Shrimati Bhavana P. Gawli 12. Dr. Ram Chandra Dome 13. Shrimati Maneka Gandhi 14. Shri B. Vinod Kumar 15. Shri Rajendra Kumar 16. Shrimati Susheela Bangaru Laxman 17. Shri S. Mallikarjuniah 18. Shri Rasheed Masood 19. Dr. Chinta Mohan 20. Shri Nihal Chand 21. Shri D.B. Patil 22. Shrimati K. Rani 23. Shri Pannian Ravindran 24. Dr. R. Senthil 25. Dr. Mohd. Shahabuddin 26. Dr. Arvind Kumar Sharma 27. Shri Ajit Kumar Singh 28. Shri Uday Singh 29. Dr. Karan Singh Yadav 30. Shri Vinod Khanna 31. Shri R.L.Jalappa

II. Subject selected for Examination

12.3 The Committee on Health & Family Welfare selected the following subjects for examination in 2006; a. Health Insurance of General Public b. Functioning of AIIMS and setting up of six AIIMS like Institutes c. Central Government Health Scheme

12.4 No bill was referred to the Committee for examination and report during 2006. However, reports on Indian Medicine Homoeopathy Pharmacy Bill-2005 and the Indian Medical Council (Amendment) Bill-2005 were presented to both the Houses of Parliament on 28th July, 2006 and 19th December, 2006 respectively. III. Constitution of Sub-Committees of the Department-related Parliamentary Standing Committee on Health & Family Welfare 12.5 No Sub-Committee was constituted during the year 2006. IV. Review of Work Done (a) Sittings of the Committee 12.6 During the year, 2006, the Committee held in all, 15 meetings lasting over 33 hours 56 minutes. A statement showingthe dates and duration of each sitting of the Committee with subjects discussed during this period are given in Annexure-XII.

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(b) Sitting of the Sub-Committee 12.7 No Sub-Committee was constituted during the year 2006.

(c) Study visits: - The Committee undertook three study visits during the year 2006. The Committee undertook study visits / tours in three phases to get the views of the representatives of Government/private Medical Colleges/ Universities,State Medical Councils, State Branches of IMA and representatives of the State Governments for examination and report onthe Indian Medical Council (Amendment) Bill -2005. The details of study visits of the Committee are given below:-

Study Visit-I

Study Visit-II

Places to be visited

Date Agenda

Pune

17.09.06 Assembly at Pune

18.09.06

(i) Visit to Bharatiya Vidyapeeth and Interaction with the representatives of Pune University and A.F.M.C.

(ii) Visit to National Institute of Virology.

Mumbai

19.9.06 (iii) Visit to Government Medical College and interaction with

the representatives of Government medical colleges and private medical colleges in the campus of Government Medical College.

(iv) Visit to D.Y. Patil Medical College, Navi Mumbai. (v) Visit to Mahatma Gandhi Mission's Medical College, Navi

Mumbai.

20.09.2006

(vi) Interaction with representatives of State Government and

Mumbai University and Maharashtra University of Health Sciences.

(vii) Interaction with State Medical Council and State Branch of Indian Medical Association.

Ahmedabad

21.09.2006

(viii) Interaction with the representatives of State Government Medical Colleges and private medical colleges.

(xi) Interaction with the representatives of State Government State Medical Council and State Branch of Indian Medical Association.

(x) Visit to B.J. Medical College. Dispersal


Agenda

06/10/06 Assembly at Bangalore

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Bangalore

06/10/06

(i) Visit to Rajeev Gandhi University of Health Sciences and interaction with the representatives of State Government Medical Colleges.

07/10/06

(ii) Interaction with the representatives of Manipal Academy of Higher Education, Private Medical colleges and its associations.

(iii) Interaction with the representatives of State Government Medical Council, State Government and State Branch of Indian Medical Association.

Tirupati 09/10/06 (iv) Visit to S.V. Medical College, Tirupati.

Chennai

10/10/06

(v) Visit and interaction with the representatives of Dr. M.G.R Medical University, State Government Medical Colleges, and State Government

(vi) Interaction with the representatives of State Medical Council and State Branch of Indian Medical Association.

(vii) Interaction with the representatives of Private Medical Colleges.

11/10/06

(viii) Visit to Sri Ramchandra Medical College and Research Institute (Deemed University) and interaction with the representatives of deemed Universities.

Hyderabad

12/10/06

(ix) Interaction with the representatives of State Government N.T.R. Health University and State Medical Council.

(x) Interaction with the representatives of Private Medical Colleges. Dispersal

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Study Visit-III

12.8 No study group was constituted to make on-the-spot study of local offices, institutions, projects etc. on thesubjects under examination. 12.9 Study Notes of the visits undertaken by the Committee were prepared. V. Reports Presented (a) Reports 12.10 During 2006, the Committee presented the following Reports to both the Houses of Parliament: —


Agenda

Lucknow

06/11/06 Assembly

07/11/06

(i) Visit to Era Medical College and interaction with the representatives of Private Medical Colleges & Medical Associations and State Branch of IMA.

(ii) Interaction with the representatives of State Medical Council, State Government and Deans of State Govt. Medical Colleges.

Patna

08/11/06

(iii) Visit to Patna Medical College and interaction with the representatives of State Medical Council, State Government and Deans of State Government Medical Colleges.

(iv) Interaction with the representatives of Private Medical Colleges & Medical Associations and State Branch of IMA.

Kolkata

09/11/06

10/11/06

(v)Visit to Calcutta Medical College and interaction with the representatives of West Bengal University of Health Sciences, State Medical Council, State Government and Deans of State Government Medical Colleges/Representatives of State Universities having medical faculties and/or affiliated Medical Colleges.

(vi) Interaction with the representatives of Medical Associations and State Branch of IMA.

Guwahati

11/11/06

(vii) Visit to Guwahati Medical College and interaction with the representatives of State Medical Council, State Government and Deans of State Government Medical Colleges and Universities having Medical faculties and/or affiliated Medical colleges in N.E. States.

(viii) Interaction with the representatives of N.E State Medical Associations and N.E. State Branch of IMA.

Dispersal

Sl. No.

Reports No. and date of presentation / laying of Reports

Reports

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12.11 Minutes of the meetings of the Department-related Parliamentary standing Committee on Health and Family Welfare were prepared and enclosed with the reports presented to the House. VI. Summary of Recommendations (a) 16th Report Budgetary Allocation

12.12 The Committee failed to comprehend the reasons for non- provision of required non-plan funds. The Committee understood that as a result of concerted efforts made at the Secretary and Ministerial level by the Department, there had beensome increase in the allocation of non-plan funds in 2005-06 which however proved to be inadequate. The Committeeemphasized that there was an urgent need to curb the trend of diversion of plan funds to non-plan side. Such a position could not be considered advisable for the successful implementation of any plan scheme. 12.13 The Committee had been given to understand that level of pendency of UCs/unspent balances had been reduced due to the constant efforts made by the Department. However, UCs amounting to Rs. 1675.00 crores as on 31st March, 2006and availability of unspent balances of Rs. 15.35 crores as on 1st January, 2006 was not considered a negligible amount. The Committee was of the view that the Department needed to make all conceivable efforts to eliminate such pendency, bymaking the monitoring mechanism at all levels more effective and result oriented. 12.14 The Committee in this connection was constrained to observe that if the practice of including external aid in domestic Budget continues, then the commitment of the Government to raise the allocation in the health sector to 2-3% of GDP would remain only on paper and not be realized in actual practice. Moreover, the Committee also felt that financing thenon-plan expenditure by external aid was not a healthy practice. The Committee therefore, again recommended that thematter must be vigorously pursued with the Planning Commission and the Ministry of Finance to consider the externalassistance over and above the gross budgetary support. Central Government Health Scheme

12.15 The Committee observed that computerization of CGHS dispensaries would substantially enhance the efficiency of the system which was very much required. The Committee pointed out that the Department should take all steps so that theproposed computerization is completed during the current financial year itself. The Committee, therefore, recommended that provision for non-plan funds should be strictly in accordance with the actual requirements. The Committee expressed its deepsense of concern on the status of implementation of SIU Report on CGHS. This exercise had been going on for the last somany years. The Committee found that it was only after a fresh SIU study conducted on the orders of CAT that a finaldecision with regard to the posts of Safaiwala, Chowkidar, Lab technician, Lab Assistant and Lab Attendant could be arrivedat which was accepted by the Central Government in January, 2003. The Committee was, however, given to understand thatas in August, 2004, 453 posts of Safaiwala and 284 posts of Chowkidar were to be progressively outsourced. Latest feedbackin this regard as well as in respect of Lab staff still remained unavailable to the Committee. Not only this, SIU Report mightlead to another dispute. It had been informed that a number of posts were likely to be declared surplus on the basis of SIUReport. Accordingly, information on existing strength in the dispensaries had been sought from CGHS units. The Committee took a strong exception to this approach. The Committee was of the view that had there been regular interaction between theMinistry of Finance and Ministry of Health and Family Welfare, this kind of uncertainty would not have prevailed for solong. The Committee, therefore, recommended that the Department should complete the exercise of implementation of SIUReport without any further delay. 12.16 The Committee failed to understand the rationale for having two studies on the functioning of CGHS being

1. 16th 22.05.2006

Report on Demands-for-Grants (2006-07) of Department of Health and Family Welfare (Ministry of Health and Family Welfare)

2. 17th 22.05.2006

Report on Demands-for-Grants (2006-07) of Department of AYUSH (Ministry of Health and Family Welfare).

3. 18th 28.07.2006

Report on Indian Medicine and Homoeopathy Pharmacy Bill - 2005.

4. 19th 19.12.2006

Report on Indian Medical Council (Amendment) Bill -2005.

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conducted simultaneously specially in view of the mandate of the Kaul Committee covering all aspects of CGHS functioning.The Committee was surprised to note that although almost a year has passed since the setting up of the Kaul Committee, ithad met only on three occasions. It seemed only preliminary exercise has been done by this Committee so far. What wasmore surprising was that no time-frame had been fixed for this Committee. The Committee viewed this with serious concern. This did not leave any hope for any significant improvement in the functioning of CGHS providing medical services toCentral Govt. employees in the near future. 12.17 The Committee found that in view of the study being conducted by the Kaul Committee, allexpansion/strengthening of infrastructure work of CGHS dispensaries had been brought virtually to a stand-still. The Committee quoted two instances in this regard. Proposal for construction of building of CGHS dispensary No. 73 inGurgaon, Haryana for which land had already been purchased would be taken up only after the receipt of report of the KaulCommittee and reaction of the Department thereon. Same was the fate of the proposal initiated in 2005 for construction of anew building for CGHS headquarter at Kidwai Nagar, New Delhi. The Committee emphasized that basic purpose of any study could only be achieved if it was conducted within a prescribed time-frame. The Department should ensure that the report of the Kaul Committee is received at the earliest and action initiated immediately thereafter. 12.18 The Committee apprehended that this would again be a long drawn exercise. As 168 candidate of CMSE, 2004 were still to join service, there was little likelihood of 300 successful candidates of CMSE, 2005 joining in the near future.The Committee strongly felt that urgent action needed to be taken in this vital area. Simultaneously, a review of the existingprocedure was also required to be taken so that bottlenecks therein were eliminated. Safdarjung Hospital

12.19 The Committee, while appreciating the level of utilization of plan funds allocated for Sufdarjung Hospital during 2005-06, also noted that as compared to Rs. 12.88 crores worth equipment purchased in 2005-06, it was proposed to purchase equipment costing Rs. 15.00 crores during 2006-07. The Committee, therefore was of the view that required funds for procurement of equipments in Safdarjung Hospital needed to be provided in 2006-07. The Committee also observed that against 153 number of equipments to be purchased during 2005-06, number of equipments purchased was only 98. Additional efforts should, therefore, be made to expedite the proposed formalities so that targets set for 2006-07 were achievable. 12.20 The Committee strongly felt that in view of overall anticipated increase in the various medical services beingprovided by Safdarjung Hospital, proportionate increase in the non-plan funds also needed to be made. The Committee observed that whereas patient load and resultant pressure on various services being provided by the hospital had been steadilyincreasing, bed strength remained stuck at 1531 for the last so many years. It had not been possible to add even a single bedso far. The Committee wondered whether anybody had given a thought in this direction. The Committee was of the firmopinion that there was an urgent need to provide more beds so that better health care may be provided to the patients atSafdarjung Hospital. 12.21 The Committee understood that evening OPDs were also being run at Safdarjung Hospital for quite some time. The Committee pointed out that public at large was perhaps not aware about evening OPDs. The Committee was of the view thatadequate publicity needed to be given to such services.

Dr. Ram Manohar Lohia Hospital

12.22 The Committee noted that sixteen projects/schemes were approved under the Tenth Plan. Their latest status report,however, did not seem to be very encouraging. Setting up of the Post Graduate Institute of Medical Education and Researchat the Hospital was the most ambitions project. The Committee was constrained to observe that this project seemed to havebeen entangled in the numerous procedural formalities. Designated plot was handed over to M/s HSCC (India) Ltd. on the 14th June, 2005 for demolition of old barracks and construction of the institute building. Although about one year had passedsince then but only around 65% of the demolition work had been completed. The Committee was not satisfied by the reply ofthe Ministry that the tendering work was in process and actual construction was likely to commence shortly. The Committeefelt that the present pace of construction clearly gave an indication that it may perhaps take another plan period (EleventhPlan commences from 2007-08) to get the building of PGIMER ready and functional. The Committee, accordingly,recommended that the construction project may be completed under a prescribed time-schedule closely monitored by a designated group of authorities. 12.23 The Committee pointed out that the initial target date for completion of the Trauma Centre building was October, 2004. Department had indicated that there was delay in starting the construction work due to some procedural formalities tobe gone through. The Committee pointed out that position remained to be the same when the Trauma Centre project wasnearing completion. In spite of intimation given by the CPWD on 1st March, 2006 that the building would be ready for operational use, so far, the building had not been handed over by CPWD to hospital authorities. The Committee apprehended

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that the original estimated cost of Rs. 30.11 crores for the Trauma Centre building was bound to increase which showed that this project was being constructed without adhering to a prescribed time-schedule. The Committee, therefore, reiterated its earlier observation that every effort should be made to make the Trauma Centre fully functional without any further delay. 12.24 The Committee observed that out of the remaining projects in hand, preliminary exercise of getting the approval of the competent authorities is going on in respect of the following:—

(i) Setting up of Nuclear Medicine Department (ii) Setting up of Thoracic Science Department (iii) Setting up of Neuro Science Centre (iv) Upgradation of School of Nursing to College of Nursing

The Committee hoped that every effort would be made to expedite the process so that construction work on the project

starts at the earliest. The Committee emphasized that the progress of the other technically feasible projects in hand should beclosely monitored to avoid any undue delay. 12.25 The Committee had also observed that the Performance Budget (2006-07) indicates the statistical data about various services being provided at Dr. Ram Manohar Lohia Hospital for 2004-05 only. No details about 2005-06 either actual about the first three quarters/first half or estimated data had been given, as done in respect of Safdarjung Hospital. The Committee strongly felt that this data could prove to be very useful for making an assessment about additionalinfrastructure/manpower/funds required for the running of the hospital. The Committee, therefore, recommended that thesedetails for the last 3—5 years may be collected and analysed for making a proper assessment of the needs of the hospital. Central Institute of Psychiatry, Ranchi

12.26 Achievement level of financial targets had been very disappointing. Approved outlay of Rs. 18.50 crore in 2005-06 had to be reduced to Rs. 10.26 crore at the RE stage and actual utilization figures were not knownto the Committee. The Committee was not optimistic about full utilization of Rs. 10.65 crore plan funds allocated for theCentral Institute of Psychiatry (CIP) Ranchi for 2006-07 in view of its past track record. 12.27 Progress made in the procurement of some medical equipment during 2005-06 supported Committee’s apprehension. In respect of equipment like Colour Doppler and Campus Server although approved by SFC in 2001-02 (February, 2002), orders could be placed at the end of the fourth year (last quarter of financial year 2005-06). In the case of procurement of another equipment, Spiral CT Scan also cleared by SFC in February, 2002, advice of Ministry of Law hadbeen sought on some procedural matter on 1st March, 2006. The Committee took a serious view of this. The Committeereiterated that there was an urgent need for streamlining the procurement procedure so that premier institutes like CIP,Ranchi do not continue to suffer. JIPMER, Pondicherry

12.28 The Committee appreciated the preparedness shown by the Department in fixing a time schedule for completion ofSuper Specialty and Trauma Centre in JIPMER, Pondichery. The Committee, however, recommended that the Departmentshould closely monitor the progress in this regard so that the projects can be completed on time. 12.29 The Committee, accordingly, observed that the Department should take immediate steps for providing thenecessary infrastructure and required faculty in JIPMER, Pondichery. If need be, a review of both recruitment andprocurement procedure may also be made by the Department. Post Graduate Institute of Medical Education and Research Chandigarh

12.30 As many as 11 project works had been proposed for 2006-07 by the Institute. The Committee hoped that plan funds of Rs. 40.00 crore for 2006-07 would prove to be adequate for these projects. If not, required funds at the RE stage may be provided to the Institute. 12.31 The Committee, therefore, recommended that there should not be any mismatch between the requirement and allocation of non-plan funds for the PGIMER, Chandigarh. 12.32 The Committee was surprised to note that against the total sanctioned 5585 posts for the PGIMER, Chandigarh, there were only 4805 posts filled up as on 31st March, 2005. The Committee was of the view that as many as 780 posts lying unfilled could not be considered a healthy sign. The Committee would like to be apprised about the category-wise status of these vacant posts and efforts made for filling them up.

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All India Institute of Medical Sciences, New Delhi

12.33 Appreciating the progress made in the project on Trauma Centre at AIIMS, the Committee hoped it would be made functional without any further delay. It was clarified that AIIMS had never been envisaged to have burn speciality. The Committee, however, strongly felt that a premier institution should be having every kind of facility. The Committee hoped that as assured by the Director, AIIMS, its suggestion would be placed before the Governing Body at the earliest for an earlydecision in the matter. 12.34 The Committee strongly felt that this issue of tax imposition on medical equipment/life-saving devices should be examined afresh. Govt. medical institutions and private hospitals needed to be treated on a different footing in such matter. Shortage of required Manpower at Central Govt. Hospitals / Institutes

12.35 The Committee was of the view that the process of filling up of all the vacant technical posts in premier institutes/Central Government Hospitals should be closely monitored so as to get the desired result at the earliest. 12.36 The Committee was of the firm view that implementation of the recommendations of Javed ChowdhuryCommittee’s Report should be carried out at the earliest. It was not inclined to agree with the Department’s contention that in public service, one should not think about salaries and facilities etc. Our doctors in Govt. Institutes were indeed doing a commendable job working under tremendous pressure. Nobody should object to better service conditions for them. At the same time, the Committee pointed out that there was an urgent need for having a mechanism in place, where-under doctors serving in Govt. institutes do not have the liberty to leave their service for better placements. Various options could be made applicable. Minimum Service Bond could be one. 12.37 The Committee had also been observing media reports both for and against levying of user charges for diagnostic and other procedures at AIIMS. The Committee did not appreciate the disturbing trend of politicization of this reputed Institute. The Committee had been given to understand that this decision was the result of a detailed examination at variousfora and necessary approval of all competent authorities including ratification by the Governing Body of the Institute on5.7.05. The Committee, was however surprised to note that all these details furnished to the Committee have found no mention in the media reports. The Committee emphasized that premier Institutes like AIIMS needed to react in an objectivemanner to the media reports appearing from time to time which at times were not based on facts. Setting up of AIIMS like Institutions (Pradhan Mantri Swasthya Suraksha Yojana) PMSSY

12.38 The Committee reiterated its earlier recommendation that a scheme should be launched only after completing all the ground work and preparatory exercise. It had taken almost four years in getting the CCEA approval for PMSSY. The Committee now apprehended that management of such a big project may prove to be too difficult to be handled effectivelyby the Ministry in spite of their having set up a designated Cell for the same. The Committee was not inclined to agree with the Department’s contention that in view of the track record of State Govts not being able to manage their own institutions, the scheme needed to be implemented by the Centre directly. The Committee was of the firm view that the concerned StateGovts should be involved in the setting up/upgrading of institutes in their States. The Committee appreciated the PMSSY. This needed to be started immediately without any delay. First upgradation of hospitals to be started immediately. For this, allocation of Rs.300 crore to be allotted without any delay. 12.39 The Committee was concerned about one crucial financial aspect of PMSSY. There was a ceiling of Rs. 330 crores per institute, out of which Rs. 110 crores would be the contribution from Centre and States pooling Rs. 20 crores. Remaining Rs. 200 crores were to come from other sources. The Committee felt that this was a grey area and every attempt should be made to restrict the role of private sector in PMSSY. With the private sector being the major fund-raiser, there was a distinct possibility of management slipping into their hands. The Committee, therefore, recommended that the Centre should be more generous by increasing its share and respective State Govts should also be pursued to contribute more. The Committee was also of the view that the exercise of recruiting the required manpower for the proposed institutes should also begin at theearliest. If that does not happen, the Committee had little hope of these institutes becoming functional in the near future. 12.40 The Committee also observed that N.E Region had remained unrepresented in the PMSSY which could be considered a happy sign. The Committee, therefore, urged upon the Department to identify one state in the N.E. Region for inclusion in PMSSY. Indian Council of Medical Research

12.41 The Committee understood that as many as 17 research proposals, are at different stages of implementation. The Committee saw it as a very encouraging sign for modern medical science and impressed upon the Department to encourage

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such activities whole-heartedly. 12.42 The Committee failed to comprehend the purpose of setting up an expert body for the Premier Research Council ofthe country if its recommendations were not given due consideration. This trend of allocation of funds was all the moredisturbing when compared with Tenth Plan outlays of other Science and Technology agencies like ICAR, CSIR, DST andDBT which had been on the higher side for the last so many decades. The Committee, accordingly, recommended that as advocated by the Performance Appraisal Board, funding for ICMR for 2006-07 should be enhanced at the RE stage. Eleventh Plan allocation should also reflect the enhanced pattern of funding. 12.43 The Committee found it rather strange that instead of maintaining the level of approved outlay, grants being released by other countries are being taken into account by the Government. It would not be wrong to conclude that securing of foreign funds by a body after striving very hard for the same acts as a deterrent instead of boosting its resources. The Committee was disturbed to note that instead of taking any remedial action in the matter as earlier suggested by it, anotheradverse condition had been put into effect. Under the new international arrangements, instead of donor country paying thetaxes, the recipient body is to pay taxes. The Committee was informed that during 2005-06 ICMR had to pay Rs. 6 crore as taxes on the foreign funding received by them. The Committee was of the firm opinion that the existing practice ofadjustment of foreign grants against the domestic funding and also levy of tax on foreign grants should be reviewed afreshand withdrawn at the earliest. Rashtriya Arogya Nidhi

12.44 Rashtriya Arogya Nidhi was launched in 1996-97 with the objective of providing financial assistance to the BPLpopulation for meeting the expenses on treatment of life threatening diseases in the Government hospitals. The Committee noted that although the scheme was launched in 1997, all the N.E States with the exception of Tripura and Mizoram haveremained outside the ambit of the scheme so far. The Committee was not aware about the reasons therefor. It seemed that one obvious reason must be the weak financial position of such States. The Committee felt that the Department had to make vigorous efforts to prevail upon these states to join the scheme. Other Educational Institutions / Bodies

12.45 Plan allocation of Rs. 11.81 crore in 2005-06 was meant for a number of educational institutions. The Committee, however, noted that this allocation had to be reduced to Rs. 9.93 crore at the RE Stage and the actual expenditure at the endof the year amounted to only Rs. 2.08 crore. The Committee was of the view that reasons given for under utilization clearlyindicated towards bad management. The Committee strongly felt that the Centre needed to play a more pro-active role and make an assessment about the problems being faced by these institutions/bodies and take remedial steps. 12.46 The Committee’s attention has also been drawn to the air of indecisiveness lying around the matter of setting up ofMedical Grants Commission. Rs. 5.00 crore were earmarked for Tenth Plan. The Committee had been observing that year after year an amount of Rs. 1 crore was being allocated. Last year of the Tenth Plan had arrived and the idea still remainedon paper. The Committee was of the view that this indecisiveness should not continue in the Eleventh Plan. Planning Commission in its Mid Term Appraisal of Tenth Plan had observed that the Ministry may concretize suggestions and currentthinking about setting up of a Medical Grants Commission. National AIDS Control Programme 12.47 The Committee was, however, surprised to note that no targets were set in 2005-06 with regard to the following:— * Condom use among high risk groups * Awareness about protective role of condoms and * Awareness in rural areas. The only data available with the Ministry pertained to a Survey done in 2001 which was not very encouraging. 12.48 The Committee’s attention had been drawn to as many as 15 very valuable suggestions made by the PlanningCommission in its Mid Term Appraisal of Tenth Plan. The Committee hoped that the Department must have already initiatedrequired action on these suggestions made in the Mid Term Appraisal of Tenth Plan. 12.49 The Committee sought to be apprised about the status of other components/infrastructure under the National AIDSControl Programme in respect of the Andhra Pradesh, Assam, Bihar, Chhattisgarh, Daman & Diu, Haryana, J&K, Karnataka,Maharashtra, Manipur, Mizoram, Nagaland, Punjab, Tamil Nadu and Uttaranchal. The Committee also sought to know about criteria/ceiling on IEC activities in accordance with the Programme as a whole. 12.50 The Department had also accepted that revealing of HIV status can follow the effective prevention practices by theindividual found to be positive. On a specific query in this regard, officials of NACO informed the Committee that its

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suggestion had been agreed to. The Committee hoped that this change in the policy must have been conveyed to all the implementing authorities across the country. If not, action should be taken at the earliest. National Mental Health Programme 12.51 The Committee hoped that during the last year of the Tenth Plan, the National Mental Health Programme wouldultimately take off and implemented as envisaged. The Committee was also of the view that shortage of trained psychiatricmanpower and lack of awareness regarding treatment, the two major constraints of the Programme needed to be addressedwithout any further delay. National Cancer Control Programme 12.52 The Committee would like to be informed about the number of districts covered in various states, activities done, amount spent and over all physical and financial performance in respect of DCCP. 12.53 The Committee understood that delayed detection was one of main reasons of mortality due to cancer in our country. If detected early, a number of these precious human lives could be saved. The Committee therefore, appreciated the urgency shown by the Deptt. to make intervention down at the district level. The Committee in this regard took note of the scheme to involve NGOs who would be organizing camps to promote prevention and early detection of cancer. The Committee also took note that Training manuals had been developed under the NCCP for capacity building in cancer controlat the District level:

Manual for Health Professionals Manual for Cytology Manual for Palliative care Manual for Tobacco Cessation

12.54 The Committee however, felt that the vision and effort shown by the Department to detect this life threatening disease early would bear fruit only if good and credit worthy NGOs were involved and oncology wings were properlystrengthened at the District Level. The Committee also felt that personnel in these district hospitals should be speciallytrained to detect most common types of Cancer in out country e.g. breast and cervix cancer in women. Avian Influenza

12.55 The Committee felt that though bird flu till now had not claimed any human life, but its potential to take a toll on the same was very high. Therefore, before this epidemic occurs, Govt. should be prepared in every respect to tackle anyemergency situation. Further more, as the number of laboratories to test avian flu cases were few, there was a need forstrengthening the same. 12.56 The Committee had been informed that the Ministry had spent a large amount of money to procure medicine for bird flu from one particular firm namely – Hetro Drugs. This medicine, however, has an expiry period of six months after which it would be unfit for human consumption. Although no human case of bird flu had been reported so far, it isunderstood that an order for 1 lakh vials of vaccine (one vial costing about 12 dollars) had been placed. The Committeetherefore strongly felt that an enquiry may be carried out by the Department. Committee may be apprised about the outcomethereof. 12.57 The Committee understood that the promotion of any general food item did not fall within the domain of Ministryof Health and Family Welfare whose mandate was to regulate the medical sector and not the cause of some other agency.This, the Committee felt, was sheer wastage of money. New Initiatives

12.58 The Committee therefore, reiterated its earlier recommendation to give priority to the Diabetes Control Programme and Cardiovascular Disease Control Programme. North Eastern Indira Gandhi Regional Institute of Health & Medical Sciences, Shillong

12.59 The Committee could only conclude that chances of this National level Institute i.e. North Eastern Indira GandhiRegional Institute of Health and Medical Sciences, Shillong primarily meant for the people of N-E Region becoming fully functional seemed to be very dim. The Committee observed that status of manpower as on 31.12.05 was even moredisturbing. Out of total sanctioned 1520 posts, only 198 posts could be filled up to 31.12.05. This was confirmed by the statement of the Department that all sanctioned posts subject to availability of applicants in super specialty Departments wereexpected to be filled up during 2006-07. The Committee was of the view that an intensive drive needed to be initiated, if notalready done so far. Otherwise the situation that would finally emerge would be that at least another Plan period would berequired for acquiring the required manpower for the Institute.

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Public Private Partnership

12.60 While welcoming the initiative, the Committee had a word of caution for the Govt. The track record of private sector participation in health sector had not been very helpful so far as public at large was concerned. A number of corporate Hospitals have come up on Govt. land acquired at nominal rates. However, the management of such Hospitals had miserablyfailed to provide free treatment to the poor as agreed to by them at the time of starting such hospitals. The Committee pointed out that this so-called public-private sector had now penetrated in the State Health Systems also. The Committee wasnot much convinced by the contention of the Department that this experiment would be confined to the area of public(medical) education only. The Committee would like to be apprised about the full details of this initiative. Services available for Critical Patients in Govt. Hospitals

12.61 The Committee was of the firm view that there was a need for having a review of ICU services available in govt. hospitals in the country. A beginning could be made by conducting such an exercise for the two premier hospitals namely Dr. RML Hospital and Safdarjung Hospital located in Delhi. The Committee would appreciate if this exercise was undertaken within a prescribed time schedule so that remedial steps could be initiated at the earliest. Upgradation/Strengthening of Emergency Facilities at State Govt. Hospitals located along National Highways

12.62 The Committee, while welcoming the proposed revision of the scheme, pointed out that the Centre needed to playa more pro-active role in the implementation of a scheme meant for welfare of general public. The Committee would also like to be apprised about the status of hospitals opened so far (state-wise) under the scheme of Up-gradation/Strengthening of Emergency Facilities at State govt. hospitals located along with National Highways. National Rural Health Mission

12.63 The Committee observed that analysis of state-wise implementation of key activities during 2005-06 clearly indicated that in a few High Focus States, NRHM was yet to take off. Status of activities in Uttar Pradesh, the most crucial State under the Mission revealed a very discouraging scenario. Neither the Departments of Health and Family Welfare had been merged nor merger of Societies and registration of Rogi Kalyan Samitis had taken place. Even MOU with GOI had not been signed. Status of selection process of ASHA, the most innovative component of the Mission was yet another non-starter in the State. Against 65,000 ASHAS to be selected, only 9548 ASHAs could be selected, with not even a single ASHAgetting trained. Position was more or less the same in respect of other components. Jharkhand, Rajasthan and Chattisgarhwere the other States where preparatory exercise had barely started. Status of NRHM was equally worrying. Out of total 2,28, 327 ASHAs proposed to be selected, only 1,45,546 ASHAs had been selected as on 21.3.2006 with Rajasthan, Bihar,Orissa and Chattisgarh almost meeting the target and U.P. and M.P. remaining way behind their target. In the case of NE States, H.P. and J&K, Assam was the only State which was almost touching its target, in respect of other States, selection ofASHAs was not even envisaged. What was more striking was that training of selected ASHAs was simply missing. Out of 1,45,546 selected ASHAs, only 32,000 could be trained and these 32,000 were from one single state of Chattisgarh. In the case of NE states, HP and J&K, nobody seemed to have given a thought to the most important aspect of training of ASHAunder NRHM. The Committee observeed that preparatory activities had taken place in most of seventeen Non High Focus States. However, in Delhi, the capital of the country and nearest to the Department, it seemed that the message had not reached so far. 12.64 The Committee was of the firm opinion that the Department should continue making persistent efforts with all theconcerned States so that NRHM took off in the real sense. The Committee pointed out that NRHM was a well-conceived Programme but the fact remained that it was the State Govts. that would be the implementing agencies. Not only the flagship programmes of Family Welfare but also some of the major Disease Control Programmes have been brought under oneUmbrella Programme. Experience with regard to implementation of National Health Programmes and Family Welfare Programmes on individual programme basis had varied so far from State to State. Status of various Health Indicators and availability of unspent balances with the implementing agencies clearly indicated lack of effective monitoring mechanism. The Committee was not very convinced especially in view of so many programmes. Another complex dimension of the Mission would be inter-sectoral convergence, with the concerned Ministries. The Committee, therefore, was of the view that a highly dedicated team at the Centre alongwith its counterparts in States can only be effective. National Vector Borne Disease Control Programme; Malaria

12.65 The Committee strongly felt that level of implementation needed strengthening in these vulnerable States. It seemed that neither the funds were being released by State Govts to districts nor there was adequate supervision andmonitoring being done by them. The Committee also noted that in Assam and Orissa, another handicap noticed was that

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there was acute shortage of Health Workers responsible for surveillance and detection of malaria in villages. Overall shortage of Health Workers in these few states was very high especially as per the required norms as indicated below. State Required Sanctioned In position Assam 5104 638 320 Orissa 5927 628 337 12.66 The Committee took a serious view of this development. The Department had chosen not to reply to the specificquery about the rent being paid for storage of bed nets in the state warehouse and godowns. The Committee strongly felt thatthe Department had to be very cautious while entering into any procurement procedure involving such big amount of funds.Non-adherence to procurement procedure had resulted not only in financial losses but also depriving the most vulnerableclass of society. Payment of rent to godowns for keeping safe mosquito nets certified and fit for use was a classic case ofmismanagement. The Committee, therefore, recommended that the Department should make all conceivable efforts forsettlement of case so as to stop incurring of unnecessary expenditures. Kala-Azar

12.67 The Committee was constrained to note that in spite of funds being made available to the states for Kala-azar, they were somehow not making an optimum and judicious utilization of allocated funds. Result was that provision of Rs. 58.86crores in 2005-06 had to be brought down to Rs. 17.62 crore at the RE stage. What was more worrying was that cashassistance could not be released to Bihar, Jharkhand and West Bengal for want of Utilization Certificates for the previous years. The Committee understood that Rs. 20.00 crores had been provided under the programmes for the four endemic states.The Committee hoped that Bihar, Jharkhand and West Bengal must have submitted Utilization Certificates by now. The Committee was of the view that in order to achieve the elimination of Kala-azar by 2010 vigorous efforts needed to be made with special focus on endemic States. Japanese Encephalitis 12.68 The Committee was constrained to note that despite continuous efforts made by the Department, number of cases of JE infection was on the rise. Year 2005 was exceptionally bad. Upto December 2005, as many as 6550 cases were alreadyreported with 1645 cases of deaths. In UP, major outbreak of JE was reported with number of cases/deaths being 5978 and1458 respectively. The Committee observed that UP had been the most endemic state for quite a few years. The Committeewas not aware whether any special drive had been launched in UP to contain the spread of disease. The Committee alsoobserved that Haryana seemed to be poised for increase in the number of cases reported. 12.69 The Committee’s attention had been drawn by media reports saying that about 3.4 crore children between the ageof 1 and 15 needed to be vaccinated. The Committee had been informed that vaccine worth Rs. 50.00 crores had been imported from China and a massive immunization programme had been planned. The Committee had been given tounderstand that an inexpensive vaccine for JE was available which other JE affected countries were currently using to controlthe disease. The Secretary assured the Committee that appropriate measures had been taken by the Centre to effectively control any epidemic outbreak of JE in any part of the country. The Committee sought to be informed about the vaccine thatwas available in the international market and what had been its success rate in controlling JE in the user countries. The Committee hoped that all preventive measures would continue to be made on a sustained basis so that epidemic of J.E. which occurred in UP in 2005 may not recur. Chicken Guinea

12.70 The Committee was however, not inclined to agree with the reported cases of Chicken Gunya disease in AndhraPradesh. The Committee’s apprehensions were based on first hand information reports being received from the affected districts of Andhra Pradesh as per which the disease had already affected a very large number of people and spreading fast.The Committee was of the firm opinion that required steps needed to be initiated by the centre on an urgent basis. 12.71 The Committee pointed out that along with the assessment of epidemic outbreak of Chicken Gunya, preventivemeasures were required to be initiated without any further delay. Health education and water management system were thetwo priority areas which needed to be attended to, to prevent the ongoing epidemic as well as such outbreaks in future. TheCommittee therefore, recommended that the Department now took a pro-active approach towards preventive measures in active co-ordination with state and local authorities. Otherwise such outbreaks of epidemic would continue to occur. 12.72 The Committee observed that the National Institute of Communicable Diseases (NICD) was an apex referralorganization meant for prevention and control of communicable diseases in the country. Its most important mandate was toevolve an integrated approach for early warning signals and surveillance of diseases of major public health importance. Govt.had also initiated the Integrated Disease Surveillance Programme since 2004-05. The Committee felt that with such an

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effective mechanism in place, instances like recent out-break of Chicken Guinea in Andhra Pradesh and other adjoining statesshould not be allowed to reach such a serious dimension. The Committee hoped that all possible measures would be affectedpromptly. The Committee strongly felt that a suitable amount may be allotted for the total eradication of chicken guinea fever in districts of Chittoor of Andhra Pradesh and Bangalore city. Revised National T.B. Control Programme

12.73 The Committee observed that assessment of the TB Control Programme during 2005-06 after being brought under NRHM did not show a satisfactory level in respect of few states. Against a percentage of TB suspects examined, out of total new adult out-patients (target to 2%-3%), Andhra Pradesh, Kerala and Tripura showed only 1% achievement. Similarly,against Annualized total case detection rate of 115 (per 1 lakh population), achievement level remained at 61 in respect ofBihar, J&K and Tripura, 77 and 25 in respect of Kerala and Lakshadweep respectively. 12.74 The Committee, therefore, strongly felt that more focused attention needed to be given to NE states so as to ensure better performance of all disease control programmes including TB. National Programme for Control of Blindness 12.75 The Committee, therefore, recommended that progress of different targets should be monitored every quarter to ensure better implementation of the National Programme for Control of Blindness. 12.76 The Committee strongly felt that number of eye surgeons trained in IOL surgery was too small for such a bigcountry. This was all the more a cause for concern as at least 62 per cent of blindness in the country was attributed tocataract. The Committee, therefore, recommended that the Departments should initiate time bound targeted trainingprogramme for eye surgeons with focus on districts suffering from lack of good eye-care. The Committee would also take the opportunity to draw the attention of the Department about the specific suggestion made by the Planning Commission thatquality of Intra-Ocular Lenses (IDLSI) produced indigenously needed to be improved in view of very high demand for the same. 12.77 The Committee observed that as per a survey conducted in 2003, states like Arunachal Pradesh, Assam and Manipur showed the blindness prevalence rate to be much higher than the national rate, i.e. 2.28%, 3.05% and 1.38% respectively. The Committee was worried by the low performance level of NE States except Tripura. During the entire TenthPlan, performance level of cataract operation had been about 50% with Manipur and Sikkim even less then 50%. The Committee found the utilization of cash grants also equally worrisome. Overall figures showed that almost the double ofallocated funds had been utilized during the Plan period. However, Assam and Manipur were the two exceptions as they have not succeeded in utilizing the cash grants for reasons unknown to the Committee. Position was the same in the level of utilization of Grants-in-Aid released to District Blindness Control Societies in NE region. The Committee had been highlighting the discouraging status of Blindness Control Programme in NE region. But it seemed no visible remedial stepshad been initiated so far. The Committee once again urged the Department to concentrate its attention on the remoteinaccessible region of the country. Infrastructure

12.78 The Committee had been observing that inspite of Central funding available for Sub-Centres, States continued to fail miserably on this account. The Committee strongly felt that drastic action was required to be taken at the earliest toimprove at least the quantity aspect of Primary health infrastructure. The Committee found that the position was equally discouraging in respect of PHCs. Against the Tenth Plan target of 1714 PHCs in different States, only 81 PHCs could be set up, that too, by two States, Andhra Pradesh and Chhattisgarh. CHCs also continued to fall way behind the required/targetednumber.

12.79 The Committee observed that one of the goals of NRHM was to consider setting up of new CHCs to meet the population norms of Census 2001. This seemed to be an ambitious plan in view of the ground realities. This was corroborated by the fact that out of 720 districts of the 18 High Focus States and 426 of 17 Non High Focus States selected for up-gradation to Indian Public Health Standards during 2005-06 under NRHM, facility survey could be done only in 11 and 6 districts respectively. The Committee failed to comprehend the constraints being faced by respective State Govts. to initiate preparatory exercises inspite of Rs. 20 lakhs per CHC duly released by the Centre to all States/UTs. They had also sent the formats for facility survey. It seemed that either the State Govts. were not interested or there were too many complexities involved in conducting a facility survey. Whatever may be the situation, the Committee was of the strong opinion that it was time that defaulting States were held accountable. The Committee strongly felt that different key activities under NRHM could not be carried out in a mission mode in a fixed time frame, if even the preparatory exercisescould not be accomplished timely.

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12.80 The Committee was given to understand that a task Force had been set up on review of population norms for settingup of Health Centre. The Committee sought to be informed about the major recommendations of this Task Force as and whenmade.

12.81 The Committee had also observed that State-wise details about ANMs revealed a more disturbing trend with some of the States sanctioning and recruiting more than the required number of ANMs, and in contrast, some States lagging farbehind the target of even less than required sanctioned posts. Position was the same in respect of the other key functionarieslike Health Assistants (Male) at PHCs. The Committee had been constantly bringing this disturbing trend to the notice of Central Govt. But it seemed that the Central Govt. was helpless before the State Govts. The Committee could only conclude that all the planning at Central level, if not implemented by the State Govts. in the right spirit as envisaged, would defeat thevery objective for which the funds had been provided. It was high time that with the NRHM in its second year, the Central Govt. sat up and persuaded the States to strengthen the health care infrastructure in rural areas. Constraints/drawbacks of the existing as well as new programmes needed to be eliminated at the earliest. 12.82 The Committee was happy to learn that number of States like Punjab, Arunachal Pradesh, Tripura, Sikkim, Himachal Pradesh, Tamil Nadu, Orissa and Gujarat have come forward in formulating strategic policies to attract andpersuade doctors to serve in rural areas. The Committee hoped that such initiatives would result in marked improvement inquality of Primary Health Care. The Committee found that Tamil Nadu was the only State which had provided residential accommodation to doctors in most of the PHCs. While making the stay of doctors compulsory, strict action was also reportedto be taken against the erring doctors. The Committee was of the view that similar action needed to be taken by other States also. The Committee would appreciate if the Centre took a pro-active approach in this regard by taking up with other States to follow the above example. Another initiative that had come to the notice of the Committee was handing over of PHCs toselected NGOs by States like Orissa, Bihar, Uttaranchal, Delhi, Jharkhand and Karnataka. The Committee was of the view that performance of such PHCs needed to be monitored to assess the outcome of such experiments for further improvementand diversification, if necessary. The Committee would like to be apprised about the performance level of such NGOsduring the year 2005-06. As per the census of 2001, due to increase of population, proportionate new Primary HealthCentres and Sub-centres needed to be started all over the country. This needed budget allocation. The Committee therefore recommended that budget allocation should be suitably enhanced. Reproductive and Child Health Care-RCH-II

12.83 The Committee, however, understood that a mid-term review of the Programme (i.e. RCH-II) was scheduled in January–February 2006. The Committee would like to be apprised about the outcome thereof. 12.84 The Committee understood that a provision of Rs. 235 crores had been kept under World Bank assisted RCH-II project during 2005-06 for procurement of supplies and material including medicines for sub-centre, PHCs and CHCs couldnot be utilized as M/s HSCC agency of the Department could not float tenders due to delayed receipt of No Objection fromthe World Bank. The Committee took a serious view of this. It seemed delay in receipt of NOC from World Bank must have occurred due to want of some required information by the World Bank. If that be so, the department should make efforts sothat such instances do not occur in future. 12.85 Another disturbing trend that had come to the notice of the Committee was availability of unspent balance of Rs.201.16 crore under the Programme with various States. Out of total release of Rs. 1019.94 crores, expenditure of Rs. 818.83 crores had been incurred so far, thus leaving an unspent balance of Rs. 201.15crores. Bihar and Orissa were the two States that could utilize only less than half of the allocated funds.

12.86 The Committee observed that as on 31.01.2006 as many as 968 utilization Certificates amounting to Rs. 398.88 crores were pending under Family Welfare Programme, which dated back to 1976-93. The Committee strongly felt that such a position could only be considered to be very alarming. This clearly indicated that in the absence of Utilization Certificates for huge sums, showing a steady increase over the years, quality of services being provided under the various Programmecould not be judged properly. The Committee would like to have full details (State wise) in this regard. 12.87 Submission of Utilization Certificates in respect of Grants-in-Aid of recurring nature released to the State Societies during the preceding financial year is necessary for release of Grants-in-Aid to them during the subsequent financial year under Rule 212 of General Financial Rules, 2005. The Committee understood that a special dispensation had been soughtfrom the Ministry of Finance keeping in view the complex funds flow involving multi-tier structure and the time taken thereby and the reporting of expenditure from the end-use of funds upto the level of Central Govt. and reporting infrastructures available in the States/UTs. The Committee was not inclined to agree with the contention of the Department. The Committee strongly felt that adherence to GFRs was very much required not only for making accountable all concerned -both Central Govt and implementing agencies, but also for optimum and judicious utilization of allocated funds. The Committee therefore recommended that the Department instead of asking for such a dispensation should take measures for

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streamlining the accounting procedure. Routine Immunization Programme

12.88 Whereas some states had miserably failed to take benefit of allocated funds under routine ImmunisationProgramme, there were states that had exceeded the allocated funds. The Committee strongly felt that this imbalance in performance level of different states needed to be removed without any further delay. 12.89 The Committee was, however, surprised to note that from 2003-04 onwards upto December 2005, reported immunization coverage as reported by various states shows completely different status. Percentage of coverage for differentvaccines had reached the level of 90% and above during this period. The Committee sought to be apprised about thepercentage of coverage as per household survey 2002-03 and 2003-04 (State-wise). The Committee had been given to understand that a number of measures have been initiated by the Department to ensure better coverage of RoutineImmunizations Programme. The Committee sought the state figures to be verified by an independent survey. 12.90 Cold Chain System is required to be in place for storage and transportation of vaccines. The Committee noted that out of 67,173 units consisting of various cold chain equipment, a large number were supplied prior to 1992 and had thusoutlived their normal life. The Committee was of the view that the process of replacement of cold chain system alreadystarted by Govt. needed to be expedited. 12.91 The Committee noted that although funds had been duly released to Bihar and U.P. during 2004-05 and 2005-06 under Pulse Polio Immunization Programme and there had been optimum expenditure thereof; in respect of Bihar for 2005-06, Expenditure Status had not been received. 12.92 The Committee observed that inspite of unsatisfactory performance level, funds under Pulse Polio Immunization Programme were being duly released to UP. The Committee was of the opinion that remedial action in the light of constraintsbeing faced in Pulse Polio Programme in the two most affected states of UP and Bihar needed to be taken. This was all themore required in view of sporadic cases of polio being reported from UP. This year 17 cases have already been reported fromthere. The Committee was of the view that sustained efforts needed to be made in UP and Bihar otherwise the goal of Eradication of Polio from the country would remain unfulfilled. Foreign Funding

12.93 The Committee observed that damage-control exercise had been started by the Department in the matter of WorldBank funding for various projects being put on hold. The Committee was of the view that the very fact that instances of corruption and fraud in a number of projects during a prolonged time-frame being noticed by World Bank and its funding being put on hold establishes that there were inherent flaws in the procurement system which went unnoticed for aconsiderable period of time. Quantum of World Bank funding being too small or Govt. ability to manage in the absence of the same could not bring back the loss of prestige of the country world over and setback to various projects in Health andFamily Welfare sector. The Committee was of the opinion that a thorough assessment of procurement procedure in respect of all projects whether foreign funded or otherwise needed to be made. This task could be entrusted to the Empowered Procurement Committee of the Ministry and some independent experts should also be involved in this exercise. The Committee would also like to reiterate that monitoring mechanism needed to be further strengthened and activated. The Committee would like to be apprised about the final outcome of ongoing CBI investigation in the matter of World Bankfunding. Declining Sex Ratio

12.94 The Committee observed that besides the age-old factors responsible for this dismal situation, easy availability ofsex determination tests across the country could be considered as a reason behind the declining sex ratio. Coming into forceof the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act in 1996 and subsequent amendments made to remove the inherent inadequacies has so far failed to make any impact in checking this malaise. 12.95 The Committee pointed out that there might be equal number of, if not more, unregistered clinics doing their business. Total number of 322 complaints filed in the courts/police stations against the violators of law and sealing andseizure of 33 ultrasound machines during 2005-06 could only be termed as a very small and insignificant attempt to solve asensitive problem, which indicated a dark future for our country. The Committee appreciated that the Govt had initiated anumber of measures, at both state and central level. The Committee, however, felt that these measures could only bring abouta change if sustained initiatives were put into effect by all concerned. One should also not forget that social awareness aboutthe implications of this problem had to be built up. The Committee pointed out that our medical community was in need ofsensitizing the public so that they start playing a pro-active role. The Committee understood that a survey of ultrasound

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centres was undertaken during 2004-05 in the most vulnerable states and findings of this survey have been sent to the concerned states for taking necessary action on 30.03.2005. The Committee would like to be apprised about full details in thisregard. Miscellaneous

12.96 There was acute shortage of trained nurses in the world. Many nurses from India were going abroad for jobs, with the result that there was shortage of nurses in the country. The Committee understood that there was a certain ratio of bed strength: trainee-nurses, for training these nurses. The present ratio was that for five beds, one nurse could be trained. The Committee understood that suddenly we could not improve the bed strength in order to overcome the shortages. Hence, the ratio of 5:1 could be relaxed to 3:1 from this academic year itself. 12.97 The Committee further contended that in our country, there were about 100 Government Medical Colleges and hospitals. The burns wards, trauma wards, children wards in these Government medical colleges, could be given a one-time suitable grant by the government for the maintenance of basic amenities inside such wards. Similarly, in Primary HealthCenters, many of the refrigerators were not in working condition. Government could add one more refrigerator for storage of vaccines and important medicines that require suitable conditions for shelf life. (b) 17th Report Budgetary Allocation

12.98 The Committee had taken note of the fact that plan allocation of Rs. 345.00 crores of the Department at BE stageof 2005-06 was reduced to Rs. 300.00 crores at RE stage. Reason given was delay in administrative and financial sanctions in respect of the North-East institute of Ayurveda and Homoeopathy and All India Institute of Ayurveda, New Delhi. Clarifying that the situation was beyond their control, the Secretary assured the Committee that the Department would makeearnest efforts to obtain the required sanctions for the two projects and optimum utilisation of the allocated funds. . 12.99 The Committee was not fully convinced by the justification given by the Department. The Committee pointed out that during 2005-06, expenditure reported upto 15.1.2006 was Rs.223.27 crores which went upto Rs.292.35 crores by the end of the financial year. This clearly showed that the last quarter of the year reported higher rate of expenditure as compared tothe remaining three quarters of the year. 12.100 The Committee had been given to understand that the major constraint being faced in optimum utilisation was thedelay in the release of centrally sponsored grant by the State Governments to the implementing agencies and consequentdelay in the submission of UCs. The Committee observed that the Department has initiated some damage control measures,as a result of which number of UCs has been brought down to 343 amounting to Rs.78.28 crores as on 31st March, 2006. While appreciating the efforts made by the Department, the Committee was constrained to observe that these UCs date backto 1976. It seemed that the Department had initiated corrective measures only during the last year or so. The Committee would like to have an idea about the pending UCs (State and Scheme-wise).

Centrally sponsored Schemes Development and Upgradation of Ayush Institutions/Colleges 12.101 The Committee noted that level of overall expenditure under the Centrally Sponsored Schemes had been more or less satisfactory during 2003-04 and 2004-05. However, the Committee pointed that status of some components indicated a different position. Funds meant for development/assistance of UG/PG AYUSH colleges remained under utilised during2003-04 and 2004-05 due to revision of the component and receipt of less number of feasible proposals. The Committee observed that during 2005-06, the physical targets set under these components could not be achieved fully. Under ROTP/CME for AYUSH personnel, the Committee noted that against a target of 105-110 colleges to be benefited, achievement level was restricted to 64 colleges only. The Committee understood that the component in its revised form was being closely monitored. The Committee would like to know about the number of beneficiaries (institution and State-wise) during 2005-06. 12.102 The physical targets set for establishment of computer labs for selected colleges could not be met during 2005-06 as Central assistance could be provided to only two colleges against a target of 7-8 colleges. The Committee found that the scheme, very much required under the present scenario had not been getting due impetus. While there was nil achievement during 2003-04, performance level during 2004-05 showed noticeable improvement. Status of this component during

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2005-06 was again discouraging. The Committee strongly felt that this component needed to be focussed more. 12.103 The Committee was informed that the matter of pending UCs was being vigorously followed up with the concernedStates. It was proposed to impress upon the States that release of further funds would be dependent on the clearance of pending UCs. The Committee felt that this was the right decision taken which was long overdue and hoped that there would be judicious utilisation of funds by the State Govts. in future. Hospitals and Dispensaries 12.104 The Committee was not aware about the reason for the reduction in the allocated funds for AYUSH dispensariesduring 2005-06. The Committee pointed out that the core strategy of mainstreaming of AYUSH under NRHM was to make available AYUSH services at the PHC/CHC level, either by reallocation of AYUSH doctors from existing dispensaries or byhiring of additional doctors on contract basis for which funds would be provided under NRHM. The Committee apprehended that on the plea of providing AYUSH doctors at PHC/CHC with the funds being provided therefor under NRHM, AYUSHdispensaries spread across the country may perhaps not continue to provide the services as being done uptil now. Out of the 10000 AYUSH dispensaries and units located in rural and backward areas, only 7936 dispensaries could be covered forimproving the supply position of essential AYUSH drugs during the year 2005-06. The Committee emphasized that every effort should be made for effective functioning of the existing AYUSH dispensaries. Drugs Quality Control

12.105 The Committee strongly felt that quality control of AYUSH drugs was required to be maintained in view of the increasing demand for such drugs and also for checking circulation of spurious drugs in the market. 12.106 Keeping in view increasing number of cases of spurious and fake drugs available in the market, the Committee feltthat there is a need for increasing the quantum of financial assistance under this component. This would enable individual units or a group of units to set up a joint quality control lab and acquire requisite equipment for testing of heavy metals andraw materials etc. The Committee strongly recommended that a decision for enhancing the funding for units obtaining GMPcertificates should be taken well before the beginning of XIth Plan. 12.107 The Committee emphasized that there was an urgent need for the Department for taking a pro-active role by making persistent efforts for strengthening of drug testing labs and the other allied controlling authorities. Central Sector Schemes Statutory Institution 12.108 Central Council of Homoeopathy The Committee was of the view that the Department and the Central Council of Homoeopathy both have to take theresponsibility for getting expedited the publication of Central Register of Homoeopathy. 12.109 Central Council of Indian Medicine The Committee apprehended that availability of unspent balances might have been the factor responsible for underutilizationof allocated funds. 12.110 The Committee was of the view that in the event of non-submission of required information by any state council, a mechanism needed to be evolved so as to ensure that the updation of Central Register did not get unduly delayed. In the event of the AYUSH practitioners of a particular state being deprived of the opportunity of getting registered in the statecouncil, the fault should lie with that council. 12.111 The Committee had observed that the funds duly allocated for conduct of elections for the Council during the lastthree years remained underutilized. From the State-wise information furnished by the Department, the Committee found that elections had been delayed in Bihar, M.P., Rajasthan, Maharashtra, Punjab, Tamil Nadu and West Bengal either due to delayin updating of State Register on pending court cases or frequent change of Returning Officers. The Committee was not fully satisfied with the justification given by the Department. The Committee hoped that the Govt. would be bringing forward the amended Bill relating to the CCIM before Parliament which would take care of these anomalies. Hospitals and Dispensaries 12.112 All India Institute of Ayurveda, New Delhi The Committee apprehended that not much progress would be made during 2006 also as the planning for the project of theInstitute’s building continued to be under consideration. The Committee was not aware of the original estimate approved for

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the construction of the building for the hospital. However, as things stand, it would be definitely on a enhanced level whencompleted. 12.113 Ayurveda Hospital, New Delhi The Committee strongly felt that in order to expand the services of the hospital, required number of permanent posts neededto be created. The Department should once again approach the Ministry of Finance in this regard. 12.114 Expansion of AYUSH Dispensaries in CGHS The Committee did not appreciate this kind of approach. Implementation of SIU Report needed to be given priority so thatdispensaries already set up can become fully functional. The Committee accordingly recommended the creation of additionalposts for AYUSH dispensaries without any further delay. National Medicinal Plant Board 12.115 The Committee was surprised to note that the proposal and projected requirements did not find favour with the Department of Expenditure and the Planning Commission. Instead it was suggested that 5 posts including 2 posts on outsourcing basis suggested by the Department of Expenditure would serve the purpose andaccordingly there was no justification for creation of 30 additional posts. 12.116 The Committee, accordingly, reiterated once again to expedite the decision about the mandate and structure of theBoard acceptable to all concerned. The Committee was afraid that continuance of an air of indecisiveness about this vitalBody would lead to our endangered medicinal plants reaching the brink of extinction. 12.117 The Committee observed that the existing monitoring mechanism had perhaps not proved to be effective enough.Basis for this assessment made by the Committee was the alarming increase in the number of pending Utilization Certificatesunder both the schemes, namely Contractual Farming Scheme and Promotional Scheme. 12.118 The Committee apprehended that the pendency was likely to arise further in view of sanctioning of as many as1233 projects worth Rs. 32.10 crore and 233 projects worth Rs. 25.65 crore under the Contractual Farming Scheme andPromotional Scheme respectively during 2005-06 alone. 12.119 The Committee observed that both pendency rate of UCs involved therein was very high. During the course of discussion with the representatives of the Department as well as the National Medicinal Plant Board, it was categoricallystated that amount involved in pending UCs would be negligible. However, the following information forwarded by theDepartment proved the contention to be wrong and misleading. The Committee took strong exception to this. The Committee was not convinced by the justification given by the Department that pending UCs was a common problem withall Ministries administering Centrally Sponsored Schemes on account of delay in release of CHS grants by the states toimplementing agencies and consequent delay in submission of UCs. The plea of the Department that the requirement ofvetting by Chartered Accountants under the Contractual Farming Scheme was difficult to be complied with by farmers wasalso not acceptable to the Committee. The Committee would like to emphasize that the pendency was bound to increasekeeping in view the level of central assistance released under both the schemes during 2004-05 and 2005-06. 12.120 The Committee hoped that reports of these studies would provide critical input to the Board to modify and recastthe scheme accordingly. The Committee had a suggestion to make in this regard. Involvement of Forest Department wouldnot be helpful simply because they do not have any expertise in growing trees. The Committee was of the firm opinion thatagriculture universities like Pant Nagar needed to be involved in the implementation of schemes like Promotional andContractual Farming. The Committee failed to understand the reason for not initiating the provision of recovery of fundsprovided in the terms and conditions of both the schemes. The Committee strongly felt that a review of the functioning ofstate Boards also needed to be done. They need to be strengthened and made accountable for the drawbacks being noticed inthe two schemes. Strengthening of Pharmacopoeial Laboratories 12.121 The Committee was constrained to observe that the post of Director, PLIM, still remained to be filled up. The Committee had been given to understand that the post had to be readvertised under the directions of UPSC. The Committeedid not have much hope of further progress in the matter during the last year of the Tenth Plan. 12.122 The physical targets and the achievement level during 2005-06 with regard to various activities undertaken by the lab also indicated a good track record.

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12.123 The Committee found that the building of PLIM although completed structurally was yet to be handed over by theCPWD. At present, the matter was being pursued vigorously with the CPWD engineers. Statement of the Department that the building for HPL was reportedly complete indicated that there may be some formalities to be completed in respect of thisproject also. The Committee was not aware whether the buildings for both the labs were handed over on 10th April, 2006after fulfilling all mandatory requirements as assured by the CPWD. The Committee would like to be apprised about the final position. The Committee would also like to know about the original estimate and the actual expenditure of both the projects.

Development of North-East under Plans Schemes of the Department

12.124 The North East Institute of Ayurveda and Homoeopathy is to be set up in Arunachal Pradesh. The Committee had been observing the progress of this project for quite some time. In the beginning of every year, nominal provision for this project is being religiously made. The proposed allocation for the entire Tenth plan was Rs. 5 lakhs and the beginning of lastyear had started without any progress whatsoever being made. As per the latest information furnished by the Department, the matter had been reviewed by the Minister on 4th October 2005 in the light of observations made by the Ministry of Finance, Department of Expenditure about the viability of the project. The Committee was surprised to note that a decision had now been made to locate the Institute of Health and Medical Sciences at Shillong and allotment of land for the Institute had also been made. At present, approval of CCEA was awaited. The Committee was not very happy with the way the project ofInstitute to be set up for the benefit of NE region had been handled. It had taken about four- five years to do the planning which had since been reviewed. The Committee apprehended that another plan period would perhaps be over in taking afinal decision and starting the preparatory exercise for this much needed institute. The Committee could only emphasize that the Department should vigorously pursue this matter with all concerned authorities. Performance Audit of Department of AYUSH for the Period of 2000-01 and 2004-05 by CAG 12.125 The Committee noted that a number of areas which deserved to be seriously viewed have been raised in the CAGReport. The Secretary of the Department admitted before the Committee that most of the observations made by the CAG were valid and exercise had been started at the Department level to take the corrective measures. The Committee would like to be apprised about the full details of follow up action to be taken by the Department. Use of Animal and Marine Products in Ayurveda, Siddha & Unani Drugs 12.126 The Committee strongly felt that the Department had to play a more pro-active role in this sensitive area by banning all animal products and wild honey in all preparation. Pig and cow products were likely to take on communal colour.Other items like Ambrgris and elephant parts were internationally banned. Earthworm, animal teeth, peacock feathers haveno medicinal value and reduce the medicine to a placebo. Standardization of Naturopathy Courses 12.127 The Committee strongly felt that there was an urgent need for regulation of education of naturopathy. There were ten-degree colleges of naturopathy in the country. But in the absence of any council having the power to regulate the education of naturopathy, such colleges were running courses in a haphazard way, without any Central Standardization orand any accountability whatsoever. The Committee was of the firm view that the Department should initiate immediateaction so that people were not put to any trouble. The Committee was happy to note that Department was reviewing the statusof both education and treatment aspects of naturopathy and would be coming out with a proper regulatory system in thisregard within a period of three months. The Committee would like to be apprised of the same. International Exchange Programme 12.128 The Committee would like to have an idea about the contributions of AYUSH made by such ExchangeProgramme / Conferences. 12.129 The Committee was surprised to note that except Rs. 70,454 sanctioned for fair held in USA, the remaining sanction was meant for one fair, Middle East Natural Products Expo 2005 held at Dubai. What was more surprising was that for Dubaifair, out of the 5 participating industries, three were based in Bhopal. The Committee sought to have full details in this regard, amount of sanction, expenditure (industry-wise) users. The Committee also sought to understand the criteria fixed forparticipation of drug industries in international fairs. Acquisition and Publication of Text Books and Manuscripts

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12.130 The Committee had been given to understand that for acquisition and publication of text books and manuscripts, Rs.25 lakhs had been spent. The Committee sought to know the details about the books bought in the last 25 years and thesource of the acquisition of manuscripts. The Committee noted that the grant released for this scheme was used only forcontinuation of old schemes and compilation of chapters as per the information given for the year 2003-04. The Committee wanted the Department to furnish information regarding the nodal agency involved in this process. Details like the date ofrelease of grant and the time given to complete the project and the selection of textbooks and manuscript which were to beacquired should also be given.

Miscellaneous 12.131 The Committee was of the opinion that the Tibetan system of medicine should be brought within the ambit of law. The Committee urged the Department to consider the inclusion of Tibetan system of medicine in the legislation so as toregulate and recognize it for the benefit of the people. (c) 18th Report 12.132 The Committee pointed out that a comparative analysis of the Pharmacy Act, 1948 and the proposed Indian Medicineand Homoeopathy Pharmacy Bill-2005 revealed that there were basic differences in some aspects which could not be considered justified, difference in the two systems of Pharmacy notwithstanding. The Committee highlighted the same while reporting on such clauses. 12.133 The Committee failed to understand the kind of approach adopted by the Department of AYUSH. It would have beenappropriate if the process of consultation with the Pharmacy Council of India, a major stake-holder had been completed at the time of drafting of the Bill. The Committee wondered as to the factors responsible for such a development. 12.134 The Committee was in agreement with the contention of AICTE that with the creation of Central Pharmacy Council for Indian System of medicine and Homoeopathy, the other programmes with the same nomenclature may not bebrought under the proposed Council otherwise overlapping provisions in the two Councils would create legal difficulties andoperational problem. 12.135 Similarly, Pharmacy Council of India was also of the view that qualifications given under the AYUSH basedPharmacy programmes should not be termed as B.Pharma (Ayurveda) or B. Pharma (Homoeopathy) etc. Terminology like BHPH for Homoeopathy, BAPH for Ayurveda, BUPH for Unani and BSPH for Sidhha can be used. This was all the more necessary as under Section 22 (3) of the UGC Act, 1956, the terminology ‘B. Pharma.’ has been specified for Bachelor of Pharmacy which is already being used to award degree in Pharmacy under the Pharmacy Act, 1948 and hence cannot be usedfor any other degree. The Committee felt that this aspect needed to be looked into by the Department and other concernedauthorities and a viable alternative may be identified to avoid any confusion or complication likely to arise on the enactmentof the Act. 12.136 The Committee was convinced by the justification given by the Department for having a unified regulatory bodyfor Indian Systems of medicine and Homeopathy. At the same time, the Committee emphasized that Ayurveda, Siddha,Unani and Homoeopathy needed to be given due importance under the proposed legislation. There should be no dilution of quality control or standards with the creation of a unified Central Pharmacy Council. 12.137 The Committee observed that the Drugs and Cosmetics Act was enacted in 1944 and rules thereunder were made in1945 which governed modern drugs only. The regulation of AYUSH drugs was brought through Chapter IVA under theDrugs and Cosmetics Act, 1944 only in 1964 and the rules were subsequently made in 1970. During its interaction with theDrugs and Controller General of India, it was brought to its notice that there was, however, no simultaneous introduction ofprovision to regulate the sale of AYUSH drugs under the Drugs and Cosmetics Act, 1944. The Committee found that as ontoday, although manufacturers of AYUSH drugs required valid license and follow certain quality parameters, no suchrequirement was there for having a license separately for sale of AYUSH drugs. The Committee observed that Chapter IVAof Drugs and Cosmetics Act, 1944 needed to be amended so as to provide for rules regulating sale of AYUSH drugs. TheCommittee, accordingly, recommended that the Department should take up with Department of Health for initiating actionfor amendment under the Drugs and Cosmetics Act on the enactment of the proposed Bill. Clause 2

12.138 It was pointed out to the Committee that there was no need to specify Ayurveda as ‘Ashtang Ayurveda’. Reason being that the subject closely related with Pharmacy is Rasa Shastra and Bhaishajya Kalpana which is not contained inAshtang Ayurveda. It was clarified that subjects under Ashtang were Kayachikitsa, Bala Roga, Graha Chikitsa, Shalya

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Chikitsa etc. The Committee was inclined to agree with the above-mentioned justification and, accordingly, recommended that the word ‘Ashtang’ used under the definition of the term ‘ Indian Medicine’ may be deleted. 12.139 The Committee was of the opinion that like in the Pharmacy Act, 1948 both ‘State Register’ and ‘Central Register’needed to be defined separately. The Committee, accordingly, recommended that the definition of Central Register may beincluded under Clause 2 of the Bill.

Clause 3

12.140 The Committee was constrained to observe that the composition of the proposed Council gave a picture wherenominated members outnumbered the elected ones, which was not a healthy practice and was undemocratic too. TheCommittee was not in agreement with the contention of the Department that the composition of the Council had been basedon a due assessment of the kind of representation required from all the concerned institutions and categories of practitionersof Pharmacy and related disciplines in the Indian Systems of Medicine and Homoeopathy. 12.141 To give due representation to all the four systems, strength of nominated members was somewhat higher when compared with the other Council. The Committee however, pointed out that with the representation of registered pharmacistsunder the elected category from each State, there was no need for having another category of nominated members ofregistered pharmacists. The Committee, therefore, strongly felt that there was a need for reviewing the scale of nomination ofmembers in the Council. 12.142 Keeping in view that neither the State Register of Pharmacy was maintained in any State nor there was a faculty orDepartment of Pharmacy in any University in the country, members under both the categories would be nominated by theCentral Government till the conditions were fulfilled. The Committee failed to appreciate this kind of alternative provisionproposed by the Government without there being any time-limit. The Committee had been given to understand that an official amendment was proposed to be made in Clause 3(a) and 3(b) to restrict the maximum tenure as five years. It had alsobeen clarified that the nomination under these two categories was meant only for the first Council. The Committee was of theview that five years period being too long needed to be restricted to the minimum possible period required for setting up ofState Register of Pharmacy as well as establishment of Faculty or Department of Pharmacy in a University. 12.143 The Committee was not convinced by the justification of the Department regarding not including representatives of Central Council of Indian Medicine (CCIM) and the Central Council of Homoeopathy (CCH) in the proposed Council. Theargument of the Department that the regulation of pharmacy in Indian Systems of Medicine and Homoeopathy was not goingto be improved in any significant manner by the inclusion of representatives of CCIM and CCH in the Council, was notacceptable to the Committee. The Committee was also not prepared to accept the fact that the connection between the tworegulatory bodies and the Central Pharmacy Council was tenuous. The Committee failed to understand the rigid approach of the Department in this regard. When a member of Medical Council of India could find a place in the Pharmacy Council ofmodern Medicine, the same yard-stick needed to be made applicable in the case of Pharmacy Council of Indian Medicine by including the representation of the two regulatory bodies i.e. CCIM and CCH in it. The Committee, accordingly, recommended that Clause 3 may be amended so as to provide membership to representatives of the above mentionedregulatory bodies. 12.144 The Committee’s attention was also drawn towards the apparent inaccuracy under category (f) with says that the Head of the Department of Pharmacy, National Institute of Homoeopathy, Ayurveda, Siddha and Unani, Kolkata will be ex-officio members. The Committee pointed out that there are four independent National Institutes of AYUSH located at four different places i.e. Jaipur, Bangalore, Chennai and Kolkata. The Committee accordingly, recommended that necessary corrections may be made under Clause 3 (f). 12.145 Another suggestion made to the Committee was that the Pharmacy Council of modern Medicine should be represented in the Central Pharmacy Council of AYUSH for better coordination between the two Councils. The Committeehad been informed that this issue had been considered earlier and it was felt that there was no particular reason for thePharmacy Council to be given representation in the proposed Pharmacy Council. The Committee was, however, not inclined to agree with the view-point of the Department that any such representation was not going to lead to greater efficiency in the work of either of the Councils. The Committee pointed out that the Pharmacy Council of Modern Medicine welcomed this move and the issue of representation of AYUSH Pharmacy Council in their Council was also acceptable to them. TheCommittee found no harm in such mutual representation in the two Pharmacy Councils and, accordingly, recommended thesame. One should not forget that both the Councils were having a mandate to regulate Pharmacy education, different streamsof medicine notwithstanding. Such bodies definitely stood to gain from each other’s experience if having a mechanism for interaction. Clause 5

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12.146 As per the proviso to Clause 5 of the Bill, for five years from the date of first constitution of the Central PharmacyCouncil, the President and the two Vice-Presidents shall be nominated by the Central Government from amongst themembers of the Council and shall hold office during the pleasure of the Central Government. The Committee took strong objection to this provision. The Committee emphasized that the President and the two Vice-Presidents of the first Council needed to be elected from amongst the members. The Committee, accordingly, recommended that Clause 5 may be amended. 12.147 The Committee, however, believed that having four Vice-Presidents would complicate matters and lead to duplication of work and overlapping. Having a President and two Vice-Presidents was good enough. Clause 7 12.148 The Committee did not fully agree with the view of the Department that the members nominated by the CentralGovernment should be exempted from possessing pharmacy qualifications as indicated in Clause 7(2). 12.149 Besides, the ex-officio members, the Central Government will have the power to nominate three categories ofmembers; five experts of Pharmacy, four pharmaceutical chemists from the manufacturing units and four members practicingpharmacy. There is a need for some restrictions. As claimed by the Department, after five years, State Registers ofPharmacy and Faculty/ Department of Pharmacy will be set up. Therefore, qualifications prescribed for elected members could be made applicable from that time. Only experts under category ‘C’ could be exempted.

Clause 8

12.150 The Committee had objected to the phase “whichever is longer” as it indicated an indefinite extension for the President or Vice-President until his successor is duly elected or nominated. The Committee wondered that inspite of the Department being aware of the misuse of such a provision and resultant difficulties being faced by it, such a provision hadagain been envisaged in the proposed Bill. The Committee found that the Department now proposes to bring in an officialamendment for restricting the tenure of members to a period of five years. 12.151 The Committee observed that the members of the Pharmacy Council of modern Medicine inspite of being elected as President or Vice-President remain eligible for re-election. The Committee felt that this provision was based on democraticprinciples and apparently in the past history of Pharmacy Council functioning for more than fifty years such a provision hadnot created any problem. The Committee, accordingly, recommended that like the Pharmacy Council of modern Medicine,President or Vice-Presidents of the proposed Council should also have the option for going for re-election. Clause 9

12.152 The Committee was of the opinion that proportionate number of members of Ayurveda, Unani, Siddha and Homoeopathy should form the basis for deciding the quorum. This was all the more required in the event of business beforethe Council relating to a specific system of Indian Medicine and member representing that very system not being present.Either there should be an arrangement where attendance of representatives of all systems of medicines was mandatory in ameeting or the attendance of representatives of that very system of medicine be mandatory whose business was to be taken ina meeting of the Council. The Committee emphasized that a body having the mandate to regulate specialized and differentstreams of medicine needed to have a proportionate quorum instead of a general quorum to make its functioning meaningful. The Committee, therefore, recommended that all systems of Indian Medicine must be represented in a certain minimumnumber for a meeting being properly convened. Clause 10 12.153 Although title of the Clause mentioned ‘other Committees’ also, there was no reference about other Committees therein. The Committee failed to understand the purpose for making a reference to other Committees in the title of Clausewithout formulating any specific provision therefor. 12.154 The Committee strongly felt that either the role of ‘other Committees’ needed to be specified or its reference should be deleted. The Committee’s attention had been drawn to another dissimilarity between the provision made for the Executive Committee under the two Councils. The Committee found that whereas the Executive Committee of the Pharmacy Council ofmodern medicine shall exercise and discharge such powers and duties as may be prescribed in addition to the powers andduties conferred and imposed upon it by the Act, the Executive Committee envisaged in the proposed Bill did not have any statutory powers. It would be exercising such powers and discharging such duties as may be conferred upon it by anyregulations made by the Central Pharmacy Council. The Committee strongly felt that the two Executive Committees underthe proposed Bill needed to be fully empowered.

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12.155 The Committee was surprised to note that when compared with the Central Executive Committees, the StateExecutive Committees seemed to enjoy both the powers conferred and duties imposed upon it by the Act as well as those prescribed by the State Government. The Committee recommended that this anomaly needed to be eliminated. Clause 17 12.156 The Committee found that Clause 17 was not properly drafted when compared with similar provisions in other Acts governing similar bodies as no mention was there about the likely impact in the event of increase in admission capacity inany course of study. The Committee, accordingly, recommended that Clause 17 needed to be properly drafted covering allthe three situations i.e. permission for establishment of new Pharmacy college, course of study, increase in admissioncapacity, brought out under Section 16. Clause 19 12.157 The Committee was of the opinion that the punishment given to any person who acts in contravention of any provision of sub-section (2) should be severe enough to act as a deterrent. Posing falsely as a registered pharmacist and holding any office, practicing pharmacy or signing or authenticating certificates may have serious ramifications. The present punishment of an imprisonment for a term which may extend to one year or fine which may extend to one thousand rupees orboth, should be substantially increased. 12.158 The Committee was given to understand that in the interest of preserving the AYUSH system of medicine, it wasessential that such traditional practitioners be permitted under law to continue to prepare and dispense medicines to their ownpatients. The Committee was also in agreement with the assessment of the Department. Clause 55 12.159 Clause 55 of the Bill provides that no person other than a registered Pharmacist shall compound, prepare, mix or dispense any drug of Indian medicine and Homoeopathy. Whoever contravenes this provision shall be punishable withimprisonment for a term which may extend to six months or with fine not exceeding Rs. 5,000/- or with both. There is no provision for prescribing a penalty for subsequent offence. The Committee accordingly recommended that a suitable provision may be made in the Bill for subsequent offences. Clause 56 12.160 Clause 55 refers to penalty for contravention of the provisions of Clause 16. The Committee observed that such aprovision was not there in other Acts governing similar bodies like Pharmacy Council, MCI, AICTE, etc. The Committee had been given to understand that such a provision had been incorporated in the Bill to discourage the mushrooming of sub-standard colleges of Pharmacy and, therefore, punitive provision under this clause had been made. The Committee agreedwith the provision. The Committee pointed out that when the Bill would be enacted, there were chances that quite a fewinstitutions not having the prescribed infrastructure would fail to be recognized and punitive action would be taken againstthem. In the latter case when punitive action would be taken, the Committee found no mention of the mechanism to give effect to this provision. The Committee, accordingly, recommended that required additions may be made. Clause 61 12.161 The Committee strongly felt that when the Central Pharmacy Council of modern Medicine could effectively functionwithout any directions being given to it by the Centre, the proposed Council of AYUSH would also effectively perform itsduties and functions. The Committee, accordingly, recommended that Clause 61 may be deleted. Clause 62 12.162 The Committee observed that Clause 62 was neither properly drafted nor specific. The Committee found that under this clause two mechanisms for taking action on a complaint being made against the Council were sought to be madeavailable to the Central Government. The Committee felt that the Commission of Inquiry would be an identity in itself.However, the other option available to the Central Government to refer the matter to an ‘appropriate agency’ could have serious implications. The use of such a vague term in the matter of complaint against a duly constituted statutory body wasnot acceptable to the Committee. The plea of the Department that sometimes a detailed investigation was required to be made which could be handled by an agency and not by the Commission of Inquiry was not at all convincing. The Committee would also like to point out that Clause 62 did not mention about the composition of the Commission of Inquiry. The Committee failed to understand the reasons for such a significant departure being made by the Department. The Committee found it surprising that the identical provision under Section 45 of the Pharmacy Act, 1948 on which the proposed Bill was

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supposed to be broadly based was sought to be incorporated in the proposed Bill by making such drastic changes therein. 12.163 Another significant difference noticed by the Committee was the absence of any provision regarding Commission ofInquiry being set up by a State Government. The Committee strongly felt that such a provision needed to be included in theproposed Bill as done in the case of Pharmacy Act, 1948. The Committee, accordingly, recommended that Clause 62 may be re-drafted on the basis of Section 45 of the Pharmacy Act, 1948. Clause 63 12.164 The Committee strongly felt that reasoning of the Department seemed to suffer from lack of confidence of theGovernment in the effective functioning of a statutory body. The Committee pointed out that this was not a democratic manner of making the Council accountable for its acts of commission and omission. Alongwith the provision of Commission of Inquiry, the proposed Council could be easily made more accountable to the Parliament by making the laying of its AnnualReport and Audited Accounts before Parliament mandatory. 12.165 The Committee was given to understand that provisions of Clauses 62 and 63 needs to be read together as differentprovisions in a law have to be read in conjunction with each other. Under Clause 63, Government would be initiating anyaction for superceding the Council on the basis of recommendations made by the Commission of Inquiry or appropriateagency as envisaged in Clause 62 and not on its own. The Committee took strong objection to such distorted presentation of provisions enshrined under Clause 62 and 63. The Committee pointed out that both Clauses 62 and 63 are independentprovisions. The Committee also pointed out that the Pharmacy Act, 1948 did not have such a provision and the Pharmacy Council of modern medicine had been apparently functioning for more than fifty years in an effective manner. The Committee accordingly, recommended that Clause 63 may be deleted. (d) 19th Report Clause 2 12.166 Section 2 of the Indian Medical Council Act, 1956 deals with definitions. The Committee felt that the definitionshould also specify the category of member- whether elected or nominated. The Committee, accordingly, recommended thatthe following definition of ‘member’ may be inserted after clause (f) of the Principal Act:- “(ff) “member” means a member of the Council, elected or nominated and includes President and Vice-President. Clause 3 12.167 The Committee noted that under Clause (a) of Section 3(1) of the Principal Act, the Central Government nominatedone member from each State in consultation with the respective State Governments while the Union Territories wereunrepresented under this category. The Committee was of the view that Union Territories also needed to be represented in the Council, specially keeping in view the fact that majority of Union Territories continued to suffer from lack of medical education facilities. The Committee was amazed to note that the Joint Committee on the Indian Medical Council(Amendment) Bill, 1987 in its Report presented to the Parliament on 28th July, 1989 had made specific recommendations on this aspect. The Committee was not satisfied with the latest feedback received from the Department that the Union Territoriesof National Capital Territories of Delhi and Pondicherry having State Legislature were now considered for representation in the Council and the other Union Territories did not have any medical colleges. The Committee pointed out that some States, although not having medical colleges, were still represented in the MCI by their nominees as provided under Section 3(1) (a)of the Principal Act. The Committee, therefore, reiterated that, as recommended by the Joint Committee, one member shouldbe nominated by the Central Government to represent all the Union Territories by rotation in consultation with the Governments of all the Union Territories. The Committee, accordingly, recommended that suitable provision be made in Section 3 of the Act. 12.168 The Committee observed that under the existing 119 member Medical Council, members elected under Section 3(1) (b) of the Act i.e. by the universities, represented the highest membership strength of 60. However, the feedback madeavailable to the Committee from 2001 onwards indicated that this category had remained under-represented due to continuance of maximum vacancies, present being 28. The Committee observed that inspite of the election process beinginitiated by MCI well in advance and pursuance thereof with the concerned university at regular basis by the CentralGovernment, Universities, by and large, were taking their own time in electing their candidates due to non-existence of Senate/Court, undue delay in convening the meetings of these bodies, ignorance of prescribed election procedure on the partof some universities. 12.169 The Committee also observed that with the setting up of health universities in some States and large number of

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medical colleges affiliated to such universities, existing provision was leading to imbalance of membership under thiscategory. Representation of States having lesser number of medical colleges was on a higher side compared with Stateshaving larger number of medical colleges due to the fact that creations of health universities have indirectly placed theseStates in a disadvantageous position. 12.170 The Committee analyzed the implications of the proposed amendment in the light of existing number of collegesand universities in the country. As on 16th August, 2005, there were 244 medical colleges affiliated to 60 universities spreadacross the country. Break-up of present strength of members in the States as per the existing provision under Section 3 (1) (b) of the Act and the proposed provision of one member per ten colleges would be as follows: —

12.171 The Committee observed that provision of one member per ten colleges would have an implication which could notbe considered positive. This effectively reduced the existing strength of membership under this category from 60 to 34. TheCommittee failed to appreciate such fallout in the elected category as it would invariably change the very composition of theCouncil which was envisaged to be primarily an elected body and should continue to remain so. 12.172 The Committee observed that if the proposed amendments were allowed to carry through, they would reduce therepresentation of some of the universities in the M.C.I. while tilting the balance in favour of the other universities. The Committee was of the view that all the universities should be represented in the M.C.I. At the same time health universitieshaving a large number of medical colleges affiliated to them should not be put to any disadvantage. The Committee,therefore, recommended that the proposed amendment in Section 3 (1) (b) of the Principal Act should be as under: —

"One member from each university be elected by the members of the medical faculty of the university from amongstthemselves. Provided further that in the State where health university was created, for every five or upto five medicalcolleges affiliated to that university, one representative to be elected by the members of the medical faculty of theuniversity from amongst themselves."

12.173 The Committee pointed out that a mechanism needed to be evolved for deciding the criteria for election of onemember for every five or upto five colleges under one health university. The Committee accordingly, recommended that inthe process of representation of one member per five/up to five colleges, due care may be taken so that all the colleges underone health university could get an opportunity to represent in MCI by rotation.

State Total no. of colleges

No. of Universities represented in MCI under

Section 3 (1) (b)

Proposed representative of Universities under

Section 3 (1)(b) (Per 10 colleges) Andhra Pradesh 31 1 3Assam 3 2 1Bihar 8 6 1Chandigarh 1 1 1Chhattisgarh 2 1 1Delhi 5 1 1Goa 1 1 1Gujarat 13 6 1Haryana 3 1 1Himachal Pradesh 2 1 1Jammu and Kashmir 4 1 1Jharkhand 3 1 1Karnataka 32 2 3Kerala 15 4 1Madhya Pradesh 8 4 1Maharashtra 39 7 3Manipur 1 1 1Orissa 4 3 1Pondicherry 6 - 1Punjab 6 1 1Rajasthan 8 1 1Sikkim 1 - 1Tamil Nadu 23 2 2Tripura 1 - 1Uttar Pradesh 13 10 1Uttaranchal 2 - 1West Bengal 9 2 1TOTAL 244 60 34

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12.174 The Committee was surprised to note that inspite of not having the basic information about the status of StateMedical Councils in different States, the Department had come out with a proposal to amend Section 3 (1) ( c) by making themembership of State Medical Council mandatory. Taking the plea that it was the responsibility of State Governments toconstitute a State Medical Council could not justify the amendment proposed by the Department. It would not be wrong toconclude that had the Committee not persistently called for this information, the Department would have remained blissfullyunaware of the ground reality in the States. 12.175 Taking a serious view of this, the Committee pointed out that restricting the category of Registered MedicalGraduates to the members of State Medical Councils could only be considered a remedy worse than the problem. TheCommittee was given to understand that States not having their own Councils were attached to the adjoining State Councils.The Committee, however, found that this would not make a difference for the simple reason that such States were attached tothe adjoining State Councils only for the purpose of registration of their medical graduates. Such States do not enjoy the rightto become members of State Medical Councils. Thus, they would continue to remain unrepresented in the Council. 12.176 The Committee recommended that strength of membership under this category needed to be increased keeping inview the fact that twenty two States were already having State Medical Councils and efforts were on to persuade theremaining States to do the same. The Committee also recommended that till such time such States constitute their own StateMedical Council, the Registered Medical Graduates of such States should not be denied the right to elect their ownrepresentative to the Council. Therefore, in respect of such States, the corresponding provision as it existed in the PrincipalAct should continue to be applicable. 12.177 Most of the witnesses who appeared before the Committee were not in favour of nomination of four ex-officiomembers in the Council. Apprehensions were voiced that addition of four more nominated members to the already existingtwenty-eight State nominees to be nominated by the Central Government in consultation with the respective State Governments and eight Central Government nominees may result in reversal of representative character of the Councilresulting in situations when nominated members may constitute a majority. The Committee agreed with the views of the witnesses that this provision would have an adverse impact on the representative character of the Council which wasprimarily an elected body, thereby compromising its autonomy. The Committee felt that in case it was required to have the benefit of expertise of professionals, they should be included in the category of nominated members under the provisions ofClause (e) of Section 3(1) of the Act. The Committee therefore, recommended that provision contained in Clause 3(a) (iv) ofthe Bill, be deleted. 12.178 Clause (e) of Section 3(1) of the Act gave the power to the Central Government to nominate eight members to theCouncil. The Committee observed that no special eligibility criteria except a medical degree had been fixed for nomination ofthese eight members. Position was somewhat different in the two other professional bodies of nursing and dental educationhaving a similar mandate. The Committee after deliberating on this issue at great length felt that this discretionary powerenjoyed by the Central Government needed to be somewhat restricted. 12.179 The Committee’s attention had also been drawn to the fact that both AICTE and Nursing Council have two members from Lok Sabha and one member from Rajya Sabha elected by the respective Houses. The Committee found thatsimilar recommendation was made by the Joint Committee on IMC (Amendment) Bill, 1987 in its Report. The Committeewas in agreement with this suggestion and accordingly recommended that out of the eight members to be nominated by theCentral Government under Section 3(1) (e) of the Act, three should represent the Parliament in the same proportion as inAICTE and Nursing Council. The Committee also recommended that all efforts should be made to nominate the membersunder this category of nominated members on the basis of zonal representation so that all zones in the country wererepresented in the Council. The Committee therefore, recommended that suitable amendments in Section 3(1) (e) of the Act be made. 12.180 Divergent views were put across to the Committee in this regard. While some of the witnesses did not have anyobjection to the proposed restriction in respect of term of President/Vice-President, others contended that it would be curtailment of individual rights and negation of democratic spirit. The Committee felt that the embargo of restricting thepermissible number of terms to be two in number definitely amounted to violating the democratic norms and spirit, whichwas unheard of with reference to any elected professional Councils anywhere in the country, hence the clause needed to bedeleted. Clause 4 12.181 The Committee took note of serious reservations expressed by the witnesses appearing before it. The Committeewas inclined to agree with their view that dissolving a statutory body which besides nominated members, also consisted ofelected representatives and replacing the same with Government appointed “administrators” was an antithesis to the running of an institution on democratic principles. This provision, in the opinion of the Committee, had the potential to inflict

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irreparable damage not only upon MCI but also other institutions which were run on similar democratic principles. TheCommittee was not inclined to agree with the contention of the Department that composition of the new constituents wouldbe drastically different from the existing ones. As per Clause 3 of the Bill, category (a) and (e) remained unchanged.Modification sought to be made in categories (b) and (c) were only for the purpose of expediting the election procedure.Basic constituents, i.e. members of medical faculty of university and registered Medical Graduates remained the same. 12.182 The Committee pointed out that out of 119 members in the Council, 74 vacancies were duly filled in with 40 being from the elected category. Not only this, details about action taken by the Government in filling up the vacancies underdifferent categories since December, 2001 onwards clearly indicated that majority of members, both under the elected andnominated category were yet to complete their five year term. The Committee, therefore, was of the firm opinion that dissolution of a duly constituted body could not be considered a wise move. The Committee after examining the implicationsof the proposed amendment suggested a viable alternative which would be acceptable to all concerned. An interim Committee comprising of four members from both nominated and elected categories under section 3 (1) (a), (b), (c) and (e)under the Chairmanship of a retired Supreme Court Judge could be constituted for conducting election for filling up the existing vacancies. This interim Committee should accomplish its work within a period of three months instead of sixmonths. The Committee recommended that the proposed Section 3A may be amended accordingly. Clause 5 12.183 The Committee observed that sub-section 1(A) was proposed to be inserted in Section 4 of the Act whereunder,Central Government will have the power to nominate members in the categories specified in the Clauses (b) and (c) ofSection (3) (1) of the Act in the event of elections not being conducted within a period of three months from the date ofoccurrence of the vacancy. Seeing no apparent justification for bringing such a modification having disturbing implications,the Committee made an attempt to understand the genesis of this proposal. Response given by the Department had justified the apprehensions of the Committee. The Department had clarified that considering the past experience in conductingelection from various constituencies and to address the delay caused by unforeseen and uncontrollable reasons in completingthe process of electing the members in time, enabling provisions had been made in the proposed amendment so as to ensurethat the Council remained duly constituted. 12.184 Department’s contention that nomination would normally be made in consultation with the State Government andwould be restricted to the concerned constituency was not convincing. Proposed amendment was likely to increase the imbalance in the composition of the Council as the Central Government would have the power to nominate a person enrolledon the State Medical Register, criteria of membership of State Council notwithstanding. Similarly, in the case of Universitycategory, in the event of elections not being held, Central Government could nominate either the Vice-Chancellor or any eminent member of the Medical Faculty. This position was likely to be aggravated further with no time restriction for term ofmembers. The Committee failed to understand the need for such a provision with the election process starting three monthsprior to the vacancy arising and to be completed at the end of three months after the occurrence of vacancy. The Committeewas of the firm opinion that the authority statutorily responsible for holding election had to complete the entire exercisewithin six months or face serious consequences. The Committee thus found the enabling provision as envisaged under Section 4(1A) totally unacceptable and, accordingly, recommended the deletion of the same. Clause 6

12.185 The Committee noted that the proposed amendment under Clause 6 would be applicable for all the categories of members enumerated under Section 3(1) of the Act. While agreeing with the proposed amendment, the Committee pointed out that this eligibility criteria should not be made applicable to the three Members of Parliament to be nominated to theCouncil as recommended by it under Category (e). The Committee, accordingly, recommended necessary modification ofthis provision. Clause 7 12.186 While approving the proposed substitution in Section 7(2) of the Act, the Committee had reservations about the proviso to this sub-section. The Committee would like to draw the attention of the Department towards the existing sub-section (6) of Section 7 reproduced below : “where the said term of five years is about to expire in respect to any member, a successor may be nominated or elected atany time within three months before the said term expires but he shall not assume office until the said term has expired” 12.187 The Committee was of the firm view that above sub-section (6) was more appropriate as it made it mandatory that election/nomination process was to start three months prior to the expiry of the term. The Committee failed to comprehendthe rationale for having the proposed proviso to Section 7(2), as it would be in contradiction of sub-section (6). The Committee, accordingly, recommended the deletion of the same.

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12.188 The Committee had not agreed to the insertion of new sub-section (1A) under Section 4 of the Act. Since the amendment proposed in Clause 7 (b) of the Bill for the insertion of new sub-section 3A under Section 7 of the Act relies on the insertion of new sub-section 1(A) under Section 4, the Committee recommended deletion of the same. Clause 8 12.189 The Committee noted that the Executive Committee was the most powerful decision-making body of the Council. Clause 8 proposes to increase the membership of the Executive Committee from 12 members to 15 members. It further proposes to include four ex-officio members proposed under clause (f), (g), (h) and (i) of sub-section (1) of Section 3 in the Executive Committee. The Committee did not agree to the proposed amendment as it felt that the decision-making process should be broad-based and free from all vested interest and bias. The Committee, therefore, recommended that the Executive Committee should consist of the President, the Vice-President and 10 elected members only. Clause 9 12.190 The Committee on a close scrutiny of the Acts having similar provision, as claimed by the Department, was constrained to observe that things were entirely different. It would not be wrong to say that making such an assertion couldonly be considered as an attempt to mislead the Committee. The Committee was surprised to note that none of the Acts asmentioned by the Department had the same provisions as proposed to be inserted in the IMC Act in the name of ensuringproper accountability of a statutory body. The Committee pointed out that AICTE Act had only two provisions, one was the power to give directions and the other to supersede the Council, which could not be put on the same footing as the provisionsenvisaged under the proposed Sections 30A, 30B, 30C, 30D and 30E. While the UGC Act, 1956 has only the provision relating to give directions, and even this provision was different from the provision proposed to be included in the IMC Act. It would not be out of place to mention that both AICTE and UGC are nominated bodies whereas MCI is primarily an electedbody. With regard to the State Acts of Delhi, Maharashtra, Karnataka and Tamil Nadu, similar provisions, as made availableto the Committee by the Department, were nowhere near to the powers proposed to be given to the Central Governmentunder the IMC Act. The Committee pointed out that professional bodies having similar mandate as MCI like DentalCouncil, Nursing Council and Indian Medicine Central Council and Homoeopathy Central Council do not have suchprovisions. The Committee was not inclined to accept the contention of the Department that the proposed provisions were less stringent as compared to the position contained in other Acts. The Committee would also like to place on record that very strong reservations in respect of these provisions were expressed by all the witnesses who appeared before theCommittee. The Committee sought to make its observations and recommendations on all the five new additional provisionsseparately. 12.191 The Committee observed that the decision for the removal of President/ Vice-President/ Member would be based on a majority decision taken by the Council after giving a reasonable opportunity of being heard. The Committee, however, noted that a distinction was proposed in the case of a Member where such a decision would be based on the views of aDisciplinary Committee which would follow such procedure as determined by rules to be framed by the Government. TheCommittee failed to understand the rationale for having such a provision. It could not be considered an additional safeguardas claimed by the Department. It was not known what would be the composition of such Disciplinary Committee and theauthority under which it would be working. The Committee apprehended that by virtue of such a provision, Members of the Council would not be in a position to act independently. Further, the Committee pointed out that in the light of the proposeddefinition of Member which included both President and Vice-President; it was not clear whether their misconduct or incapacity could be considered by this Disciplinary Committee. The Committee, therefore, recommended that the actionenvisaged under Section 30A should remain confined to the Council only and while doing so the Council should ensure thatprinciples of Natural Justice were followed in true letter and spirit and there should also be no arbitrary action. 12.192 The Committee also recommended that instead of three months, a period of one month would be adequate for election of President/ Vice-President/ Member. Section 30A may be amended accordingly. 12.193 The Committee did not agree with the submission of the Department that there was a need for having a provision for withdrawal and removal of nominated members. The Committee was of the opinion that such a provision would prove tobe discriminatory against nominated members. In the name of ‘public interest’ nominated members would virtually be at the mercy of Central Government. Such a power to recall members nominated by States or Central Government itself could notbe considered a healthy trend. One must also not forget that there was no bar on the election of nominated members asPresident or Vice-President by the Members of the Council. Thus, if the above amendment was incorporated in the Principal Act, in the event of a President or a Vice-President or both being nominated members, Central Government would have thepower to recall them. The Committee, therefore, expressed its serious reservations on proposed section 30B andrecommended its deletion, with a view to safeguard the rights of Members for carrying out the objectives of the Council.

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12.194 The Committee felt that the proposed Section 30 C in the IMC Act, 1956 may lead to situations when in the name of ‘public interest’, day to day functioning of the Council would be hampered. The Committee, therefore, felt that therecommendation made by Joint Committee on IMC (Amendment) Bill, 1987 would be appropriate for the purpose ofdirection by Central Government. The Committee recommended that Section 30 C be substituted with the following: -—

“The Central Government may, from time to tome, give such directions to the Council as it may think fit for carryingout any provisions of this Act or any order, rule or regulation made thereunder and when such direction is given, theCouncil shall carry out such directions.”

12.195 The Committee strongly felt that an elected body could not be dissolved by an Executive order. Further, imposition of persons in spite of them being from amongst the members of the Council as proposed would be clearly at the discretion ofCentral Government. Thus, for a period of six months, Central Government would be virtually running the Council. The Committee apprehended that instances may be there when Central Government may assume such powers more than onceduring the term of a Council. Thus, an atmosphere of confrontation may prevail which would be against the larger interests ofall concerned. The Committee, therefore, recommended deletion of this provision from the Bill. 12.196 The Committee reiterated its reservations on the provision of Section 30 D which dealt with the dissolution of Executive Committee and other Committees. Since the provision of the proposed Section 30 E also dealt with the ExecutiveCommittee or other Committees for the purpose of removal of President/Vice President/Member, the Committee felt thatthere was no need to insert this Section in the Act. The Committee, accordingly, recommended deletion of this provision from the Bill. 12.197 The Committee strongly felt that with the insertion of Sections like 30B, 30D and 30E, the Government would get sweeping powers to interfere in the day-to-day functioning of the Council. Such provisions would result in further deterioration of working relationship between the Council and the Government. The Committee was of the view that the Central Government already had a special power of referring a complaint against the Council to a Commission of Inquiryspecially constituted for the purpose. The Committee found that such a provision existed only in the Dentists Act, 1948. Other Acts governing UGC, AICTE, and Nursing Council did not have such a provision. The Committee strongly felt that itwould be appropriate if power given to the Central Government under Section 30 was made use of, as and when required. Clause 11 12.198 The Committee pointed out that under Section 32 of the Act; the Central Government was already empowered to make rules to carry out the purposes of the Act. Section 33 of the Act provided that the Central Council with the previoussanction of the Central Government may make regulations necessary for its functioning. The Committee failed to understand the justification for assumption of overriding powers by the Central Government as against the powers given to the CentralCouncil, a professional body which would be making/ amending/ revoking regulations with the previous sanction of theCentral Government. The Committee also felt that the provision of the proposed Section 30 C provided the Central Government enough powers to give directions to the Council for carrying out any provision of the Act and there was no needfor a separate Section for this purpose. Accordingly, the Committee recommended deletion of Section 33A. General Observations 12.199 In view of this, the Committee was inclined to believe that prior consultation with various stakeholders, which wasconsidered to be the ideally practiced pre-requisite to making legislation amongst all the popular democracies in the world had been given a go by in the present case without any ostensible reason. The Committee was therefore, convinced that the IMC (Amendment) Bill-2005 was in fact an exercise in haste and in case the Central Government had chosen to consultvarious State Governments and other stakeholders with an open mind, necessary changes could have been incorporated in theAct. much earlier and in a smooth and effective manner. The Committee expressed its serious concern on non-adherence to a well-established convention of consultation with all the stakeholders for bringing out any legislation or proposed amendments thereto. 12.200 The Committee emphasised that proposed modification by making some other authority, i.e., the Registrars of Universities/Returning Officers responsible for timely conducting of elections will not serve the purpose. The Committeealso observed that delay factor is not confined to filling up the elected categories of members. It is evident even in the category of State Government nominees. Details for the period 2001 to 2005 made available to the Committee clearlyindicate that inspite of MCI informing the Government about the vacancy well in advance, process of nomination gets invariably delayed either due to the State Government or Central Government. The Committee, therefore, pointed out that serious efforts needed to be made for streamlining the election procedure. 12.201 The Committee felt that a proper designated authority having its own set up needed to be authorized for conduct of

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elections. Possibilities may be explored for having an expert body composed of MCI nominee, Central Government representative and also a nominee of State Government where election was to be held. It would be ideal if an observer from Election Commission/ State Election Commission was also part of such a body. In view of the position prevailing so far, the Committee strongly felt that instead of Central Government being directly involved in all the procedural aspects of electionexercise, MCI could be entrusted with the responsibility for holding of elections in active co-ordination with the State Councils/Universities. Expenditure for conducting elections may also be incurred by the MCI. 12.202 The Committee was constrained to observe that the responsibility of publication of IMR in the Gazette lies squarely on the shoulders of MCI and by not publishing it since 1994, MCI had failed to carry out its statutory responsibility. The Committee also felt that if MCI had sufficient surplus funds there was no reason why it should not bear the expenditure forpublishing the IMR. The Committee was of the view that to resolve the whole issue once and for all a specific fund could becreated under the statute wherein a fixed percentage of fees received by the MCI could be contributed. This fund shall beused for up-dating and publishing the IMR in the official Gazette. The Committee, therefore, recommended that adequateprovisions in this regard should be made in the Act/ Rules. 12.203 The Committee was deeply disturbed to note that both the authorities entrusted with the mandate of regulation of medical education and allied aspects and envisaged to play a complimentary role by the law-makers had unfortunately drifted apart, especially in the recent past. Situation has deteriorated to such an extent that working of MCI is being monitored by anad hoc Committee of eminent doctors appointed by the Apex Court in 2001. As per the records made available to the Committee, ad hoc Committee has been reporting the satisfactory performance of the MCI. The Committee was, however,given to understand that the Department held a different view altogether and had found the report of the ad hoc Committeeunacceptable. The Committee found that the matter is sub-judice and the case is going to come up before the Apex Court. The Committee was extremely constrained to observe this state-of-affairs and hoped that with the judgment of Supreme Court, things would be normalized and fate of medical students would not continue to suffer any more. 12.204 The Committee had the occasion to go through the report of a Joint Committee of Parliament on the IMC(Amendment) Bill, 1987 given on 28th July, 1989. The Committee found that at the time of amendment in 1993, although the recommendations of the Joint Committee w.r.t. section 10A were included, there was one exception. MCI was not given a chance to explain its views in case its recommendations regarding opening of a college, increase in admission capacity, newcourse of study has not been approved by the Government. The Committee noted that as informed by the Department,problems in the functioning of the Council had arisen after 1993 only. The Committee felt that had the recommendations of the Joint Committee for giving an opportunity of being heard to both the applicant and MCI been incorporated in the Act,prevailing situation would not have arisen. The Committee felt that it would not be too late if the above saidrecommendation of the Joint Committee was incorporated in section 10A of the Principal Act. 12.205 The Committee also failed to comprehend the compulsions being faced by the Central Government for going into such extensive modifications without waiting for the outcome of SLP yet to be decided by the Supreme Court. Ideal position would have been if the Central Government had confined the amendments to only the provisions relating to composition ofthe Council and change in the election procedure. 12.206 During the course of the Committee's interaction with the representatives of the State Governments, State Government Medical Colleges and State Medical Councils, the representative of the Ministry of Health and Family Welfarebrought to the notice of the Committee that the power to confer Deemed University Status upon an institution including amedical institution is vested under the U.G.C. Act which falls under the purview of the Ministry of Human ResourceDevelopment. The Committee was also informed that the Ministry of Human Resource Development does not consult theMinistry of Health and Family Welfare and the M.C. I. in the matter of conferment of the Deemed University Status even ifthe institution happens to be a medical institution. The Committee was of the considered view that medical education wasvery distinct from technical education and the Ministry of Health and Family Welfare being the administrative Ministry forthe overall monitoring of medical education and the M.C.I. being the premier regulatory medical body in the country must beinvolved in the matter of conferment of Deemed University Status upon a medical institution. The Committee, therefore, directed that the Government put in a regulation to the effect that the Ministry of Human Resource Development mustconsult the Ministry of Health and Family Welfare and the M.C.I. before it conferred the Deemed University Status upon amedical institution.

Annexure-XII (See Para 12.6)

Details of the sittings of the Committee on Health and Family Welfare during the year 2006

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Sl. No.

Dates of Meeting

Duration Purpose (Subject discussed) Institution visited/oral Examination etc.

1. 9-1-2006 2-10 (i) The Committee heard the representatives of Karnataka and Andhra Pradesh State Medical Councils on the various provisions of the Indian Medical Council (Amendment) Bill, 2005. (ii) The Committee also heard the representatives of U.P, Bihar, Kerala and Andhra Pradesh State Branches of IMA on the Indian Medical Council (Amendment) Bill, 2005.

2. 13-2-2006 2-52 (i) The Committee heard the Secretary and other officials of Department of AYUSH on the Indian Medicine and Homoeopathy Pharmacy Bill-2005. (ii) The Committee heard the views of representatives of King George’s Medical University, Lucknow and Shri N.B. Singh, ex Vice-Chancellor of Manipur University, Imphal on the Indian Medical Council (Amendment) Bill-2005.

3. 12-4-2006 1-45 The Committee considered the Demands- for-Grants (2006-07) of the Department AYUSH and heard the Secretary of the Department in this regard.

4. 13-4-2006 5-45 The Committee considered the Demands- for Grants (2006-07) of the Department of Health and Family Welfare and heard the Secretary of the Department in this regard.

5. 24-4-2006 1-40 The Committee considered the Demands- for Grants (2006-07) of the Department AYUSH and heard the Secretary of the Department in this regard.

6. 17-5-2006 1-00 (i)The Committee considered and adopted the 16th and 17th draft Reports on Demands-for-Grants (2006-07) relating to the Department of Health and Family Welfare and the Department of AYUSH respectively. (ii) The Committee also decided to seek extension of time for presentation of its Reports on the Indian Medical Council (Amendment) Bill, 2005 and the Indian Medicine and Homoeopathy Pharmacy Bill-2005 from the Hon'ble Chairman, Rajya Sabha.

7. 02-6-2006 2-43 (i)The Committee heard the Secretary of the Deptt. of Health and Family Welfare on Indian Medical Council (Amendment) Bill, 2005. (ii) The Committee heard the views of Drugs Controller General of India and Director, HPL & PLIM, Ghaziabad on the Indian Medicine and Homoeopathy Pharmacy Bill-2005.

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8. 12-6-2006 2-39 (i) The Committee heard the views of representatives of Rajasthan State Branch of IMA on the Indian Medical Council (Amendment) Bill, 2005. (ii) The Committee heard the views of Director, National Institute of Ayurveda, Jaipur; Director,National Institute of Unani Medicine, Bangalore; CEO, ZANDU Pharmaceutical Ltd. Mumbai, General Secretary, Ayurvedic Drug Manufacturers Association, Mumbai on the Indian Medicine and Homoeopathy Pharmacy Bill-2005.

9. 21-6-2006 2-30 (i) The Committee initiated clause-by-clause discussion on the Indian Medical Council (Amendment) Bill-2005. The discussion remained inconclusive due to difference of opinion on certain provisions of the Bill. The Committee decided to conclude its discussion in its next meeting. (ii) The Committee also heard the views of the Registrar, Pharmacy Council of India, New Delhi and the Director (Acting), National Institute of Homoeopathy, Kolkata on the Indian Medicine and Homoeopathy Pharmacy Bill-2005.

10. 6-7-2006 2-30 The Committee discussed the matter of removal of Dr. P. Venugopal, Director, AIIMS by the Governing Body of AIIMS in its meeting held on the 5th July, 2006. Majority of the members were of the view that Director of a premier institution of the country like AIIMS, who is a highly acclaimed doctor should not have been removed in such an unsavoury manner. The Committee accordingly passed a resolution in this regard and forwarded the same to the Government.

11. 15-7-2006 2-00 (i) The Committee took up the Indian Medical Council (Amendment) Bill-2005 for consideration. The Committee felt that since the Bill had long term bearing on the medical education in the country, some more time was required to examine the entire spectrum of issues involved in the Bill. The Committee was of the unanimous view that the opinion of those who are running medical colleges/institutions in the country and that of the people at large needed to be elicited to enable it to holistically examine the Bill. The Committee, therefore, decided to undertake study visits to medical colleges/ institutions scattered in different parts of the country for the purpose.The Committee also felt that status of medical education prevalent in U.K., U.S.A, China, Australia etc. also needed to be studied so that the useful features of their systems could be

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incorporated in our system. In view of the foregoing, the Committee decided to seek further extension of time upto the last-day of Winter Session for the presentation/laying of its Report on the Indian Medical Council (Amendment) Bill-2005.

(ii) The Committee also heard the Secretary, Department of AYUSH on the Indian Medicine and Homoeopathy Pharmacy Bill-2005.

12. 25-7-2006 0-45

(i) The Committee considered and adopted its 18th Report on Indian Medicine and Homoeopathy Pharmacy Bill-2005 (ii) The Committee decided that keeping in view the wider ramifications of the Indian Medical Council (Amendment) Bill-2005, the Ministry of Health and Family Welfare be asked to furnish a Status Report on the existing medical education systems, medical regulatory bodies and relevant rules and regulations governing medical education in U.K., Australia, Canada, China, Thailand, Taiwan and some Latin American Countries like Brazil to enable the Committee to make a comparative study and also to decide its future course of action in the matter. (iii) The Committee reiterated its decision taken at its last meeting held on the 15th July, 2006 that subject to grant of extension of time by Hon’ble Chairman for the presentation/ laying of its Report on Indian Medical Council (Amendment) Bill-2005, it would undertake study visits to different places in the country.

13. 4-9-2006 1-05 The Committee discussed its future programme. The Committee decided to undertake study visits to Pune, Mumbai and Ahmedabad from 17th to 22nd September, 2006 and Bangalore, Tirupati, Chennai and Hyderabad from 5th to 12th October, 2006 to interact with the representatives of medical colleges, State Governments and State Medical Councils there and gather valuable inputs for the finalisation of its Report on the Indian Medical Council (Amendment) Bill, 2005. The Committee, felt that some other issues of vital public importance needed to be taken up for examination. After detailed deliberation, the Committee decided to take up for examination (i) the functioning of All India Institute of Medical Sciences and the proposal for setting up of six AIIMS like Institutes (ii) Water standards guidelines and (iii) Health Insurance Policy for general public.

14. 18-10-2006 0-40 The Committee felt that since it has visited

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CHAPTER-XIII

COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE

I. Composition of the Committee The Committee was constituted on 5th August, 2005 and reconstituted on 5th August, 2006 with 10 Members from Rajya Sabha and 21 Members from Lok Sabha. 13.2 The Committee consist of the following Members:—


(As on 5th August, 2005) 1. Shri E.M. Sudarsana Natchiappan — Chairman

RAJYA SABHA 2. Dr. Radhakant Nayak 3. Shri Raashid Alvi 4. Shri Balavant alias Bal Apte 5. Shri Ram Nath Kovind 6. Shri Tariq Anwar 7. Shri Ram Jethmalani 8. Dr. P.C. Alexander 9. Vacant 10. Vacant

LOK SABHA 11. Dr. Shafiqurrahman Barq 12. Kumari Mamata Banerjee 13. Shri Chhattar Singh Darbar 14. Shri N.Y. Hanumanthappa 15. Shri S.K. Kharventhan 16. Shri Shailendra Kumar

only Maharashtra, Gujarat and South Indian States on the Indian Medical Council (Amendment) Bill, 2005, its Report on the Bill cannot be said to be complete and should not be finalized without reflecting the views of the Northern and North Eastern States. It was emphasized that Study visits to Uttar Pradesh, which is one of the largest States in India, and other Northern and North-Eastern States are a must for taking a holistic view in the matter. Most of the Members supported this view. The Committee also decided to meet Hon'ble Chairman to request him to further grant extension of time beyond the 31st October 2006, for the presentation of the Committee's Report on the Bill.

15. 06-12-2006 1-30 The Committee considered and adopted its report on the Indian Medical Council (Amendment) Bill, 2005.

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17. Prof. Vijaya Kumar Malhotra 18. Shri A.K. Moorthy 19. Shri Ramchandra Paswan 20. Shri Dahyabhai V. Patel 21. Shri Brajesh Pathak 22. Shri Shriniwas D. Patil 23. Shri Harin Pathak 24. Shri V. Radhakrishnan 25. Smt. M.S.K. Bhavani Rajenthiran 26. Shri Vishwendra Singh 27. Shri Bhupendrasinh Solanki 28. Vacant 29. Vacant 30. Vacant 31. Vacant


(As on 5th August, 2006) 1. Dr. E.M. Sudarsana Natchiappan — Chairman

RAJYA SABHA 2. Dr. Radhakant Nayak 3. Dr. Abhishek Manu Singhvi 4. Shri Balavant alias Bal Apte 5. Shri Virendra Bhatia 6. Shri Tariq Anwar 7. Shri Ram Jethmalani 8. Dr. P.C. Alexander 9. Shri Tarlochan Singh 10. Shri Suresh Bhardwaj

LOK SABHA 11. Dr. Shafiqur Rahman Barq 12. Shri Chhattar Singh Darbar 13. Shri N.Y. Hanumanthappa 14. Shri Shailendra Kumar 15. Dr. C. Krishnan 16. Shri Harin Pathak 17. Shri Dahyabhai Vallabhbhai Patel 18. Shri Varkala Radhakrishnan 19. Prof. M. Ramadass 20. Shri Vishvendra Singh 21. Shri Bhupendrasinh Solanki 22. Shri Raj Babbar 23. Shri S.K. Kharventhan 24. Shri A. Krishnaswamy 25. Shri Anirudh Prasad alias Sadhu Yadav 26. Vacant 27. Vacant 28. Vacant 29. Vacant 30. Vacant 31. Vacant

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II. Subjects selected for examination 13.3 During 2006, the Committee selected the following subjects for detailed examination:—

13.4 In addition to the above subjects, the Hon’ble Chairman, Rajya Sabha referred the following Bills to the Committee for examination and report:—

13.5 The Committee received a letter from the Minister of Law and Justice on 28.12.2006 requesting it to expeditiouslyconsider and report on the proposal of the Election Commission of India for amending the Representation of the People Act,1951 so as to debar the persons from contesting elections against whom charges were framed under some heinous offences.The Committee held preliminary discussion on the subject in its meeting held on 28.12.2006 and decided to present its reportbefore the Uttar Pradesh General Assembly Elections. III. Constitution of Sub-Committees

13.6 During 2006 no sub-Committee was constituted. IV. Review of work done

(a) Sittings of the Committee

13.7 The Committee held 18 sittings lasting for 33 hours and 48 Minutes. Statement showing the dates of sittings of the Committee held during the period under review, the duration of the sittings, the number of Members present and the subjectsdiscussed are given in Annexure XIII. (b) Materials and Memoranda furnished to the Committee. 13.8 Voluminous notes/documents were received from the concerned Ministries/Departments on the subjects/Billsexamined by the Committee.

13.9 A large number of memoranda were received from the non-officials on different subjects/Bills examined by the Committee. (c) Study Visits: 13.10 During the period under review two study visits were undertaken by the Committee. It visited Bangalore, Goa, Mumbai and Bhubaneshwar from 2nd to 8th February, 2006 and Mumbai, Chennai and Hyderabad from 25th June to 1 July, 2006.

V. Reports Presented

(a) Reports

13.11 During 2006, the Committee presented the following Reports:—

Sl. No.

Ministry/Department Subject

1. Ministry of Personnel, Public Grievances and Pensions

Working of CBI;

2. - do - Administrative Reforms;3. - do - *Civil Services Reforms;4. Ministry of Law & Justice (Legislative

Department) *Electoral Reforms; and

5. Ministry of Law & Justice (Department of Justice)

*Legal Reforms.

Sl. No.

Date of reference Name of the Bill

1. 27.3.2006 The Representation of the People (Amendment) Bill, 2006. 2. 27.3.2006 The Administrative Tribunals (Amendment) Bill, 2006.

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(b) Action Taken Reports 13.12 No Report on Action Taken by Government on earlier Reports of the Committee was presented to the House duringthe period under review. (c) Analysis of action taken by Government on the recommendations of the Committee in its earlier Reports:

Nil 13.13 Minutes of sittings of the Committee relating to all the Reports presented to the House were prepared. VI. Summary of Recommendations Fourteenth Report on Demands For Grants (2006-07) of the Ministry of Personnel, Public Grievances and Pensions

13.14 The Committee assessed the budget of the Ministry and its attached offices (Central Bureau of Investigation, Union Public Service Commission, Central Vigilance Commission, etc.) under their remit, totalling up to Rs. 405.29 crore for thefinancial year 2006-07.

13.15 The Committee while assessing the demands of the Ministry, gave recommendations on the schemes, programmes and policies of the Government of India under the administrative jurisdiction of the Ministry of Personnel, Public Grievancesand Pensions in the Report.

13.16 The Committee reiterated its earlier recommendation that local languages should be used extensively todisseminate information regarding Public Grievances Redressal Mechanism amongst the public in line with the variousrecommendations of the Commission on Linguistic Minorities of Government of India.

13.17 The Committee noted that the Second Administrative Reforms Commission has been constituted and that it hadstarted functioning. The Committee was optimistic that the Commission would submit its reports within the stipulated time.The Committee opined that the appointment of the Second Administrative Reforms Commission should not come in the wayof implementation of the recommendations made by various Committees in the past.

13.18 The Committee took note of the fact that the National Institute of Smart Governance had been established in conformity with the recommendations as contained in its 5th Report on the Demands for Grants (2005-06) of the Ministry of Personnel, Public Grievances and Pensions.

13.19 The Committee appreciated that proactive steps were being taken for less paper offices solution (e-Disha). The Committee hoped that the initiative would be extended to all the Ministries/Departments and implemented with allseriousness in a time bound manner.

13.20 Regarding the vacancies which existed in various Ministries/Departments, the Committee recommended that in this era of globalisation, modern management methods should be adopted. The Ministry should issue guidelines to theMinistries/Departments so that the vacancies were anticipated at least one year in advance and steps taken to recruit newpersonnel to fill up the vacancies expeditiously.

13.21 The Committee opined that since reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes was a Constitutional obligation, the Ministry should adopt concerted efforts to fulfil the same. The Committee recommendedthat the backlog of vacancies should be cleared without any further delay through special recruitment drives and other means.

Sl. No.

Dates of Presentation/Laying

Rajya Sabha Lok Sabha

Subject

1. 22.05.2006 22.05.2006 14th Report on Demands for Grants (2006-07) of the Ministry of Personnel, Public Grievances and Pensions.

2. 22.05.2006 22.05.2006 15th Report on Demands for Grants (2006-07) of the Ministry of Law and Justice.

3. 04.08.2006 04.08.2006 16th Report on the Representation of the People (Amendment) Bill, 2006.

4. 05.12.2006 05.12.2006 17th Report on the Administrative Tribunals (Amendment) Bill, 2006.

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13.22 The Committee observed that the Union Public Service Commission refused to send representatives of itsSecretariat to attend the meetings of the Committee. As per the Rules of Procedure and Conduct of Business in the RajyaSabha, the Committee was well within its powers and jurisdiction to examine the Budget of the Commission. The Committeenoted that the Demands for Grants of a particular financial year of a Constitutional Body could be examined in a better andeffective manner if representatives of the Secretariat of that Body deposed before the Committee to throw light on theareas/operations which may need more finances. The Committee therefore, recommended that the Ministry should deliberateupon the issue with all sincerity at an appropriate level and take corrective measures to restore its accountability towardspeople through Parliament.

13.23 The Committee took note of the fact that the long duration of recruitment process by the Staff SelectionCommission lead to backlog of vacancies. In the backdrop of SSC outsourcing major portion of its recruitment process, theCommittee recommended that the recruitment process in respect of lower posts should be delegated to the respectiveDepartments wherein vacancies arise. The Committee expressed its views that the respective Departments could call for datafrom the employment exchanges from all regions throughout India, when vacancies arise. This would ensure that the rural population derives maximum benefit out of the recruitment process. Since no yearly examinations to various grades werebeing held by SSC, as were being held in the past, and lesser number of recruitments were being recommended by SSC, theCommittee observed that it was high time for the Ministry to consider the winding up of SSC in view of public interest,efficiency and economy.

13.24 The Committee noted with grave concern the factors responsible for decline in quality and pace of investigation in CBI such as shortage of investigating officers and 27 to 40% of vacancies in the prosecuting staff. The Committee felt thatthe existence of vacancies especially in the deputationist cadre, affects the effective functioning of the premier investigatingagency. The Committee also noted that while the deputation vacancies in CBI were allowed to remain unfilled for quite along time and on the other hand, the cadre officers of CBI, who were quite eligible from the professional point of view butineligible on the basis of service conditions, were not given the opportunity for promotion. The Committee expressed itsconcern that this trend may result in frustration and hatred among cadre officials against the deputationists and thus affect theover-all performance of the investigating agency. The Committee, therefore, recommended that in the event of vacancies notbeing filled in the deputationists cadre, steps should be taken to fill up those vacancies by seeking recruitment from thepermanent cadre of CBI. The Committee strongly recommended that in any case, all the vacancies in CBI should be filled upat the earliest but in any case not later than 31st December, 2006.

13.25 The Committee reiterated its earlier recommendation that CBI should be empowered by a suitable legislation toinvestigate all the offences under the central laws in any part of the country after obtaining concurrence of the CentralGovernment.

13.26 The Committee could not find any justification as to why the Ministry’s control in the Governing Body of Kendriya Bhandar was negligible when it holds 81.43% of shares. The Committee opined that there should be strict and efficientmonitoring by the Ministry on the financial activities of the Kendriya Bhandar leaving a scope for functional autonomy toKendriya Bhandar. The Committee, therefore, recommended that the Ministry should look into the functioning of KendriyaBhandar so that it may not go the ‘Super Bazar’ way.

Fifteenth Report on Demands For Grants (2006-07) of the Ministry of Law and Justice

13.27 The Committee assessed the budget of the Ministry and its attached offices under their remit, totaling upto Rs.928.77 crore for the financial year 2006-07.

13.28 The Committee, while assessing the budget of the Ministry, touched upon certain schemes, programmes andpolicies of the Government of India under the administrative jurisdiction of the Ministry of Law and Justice, in its Report.

13.29 The Committee, while expressing its satisfaction over the raising of income ceiling for getting Legal aid underNational legal Services Authorities Act, 1987 by 18 States and 3 UTs, recommended that NALSA should submit as early as possible, a perspective plan covering all its schemes to the Ministry at the earliest, for consideration and secondly, in order toattract Senior Advocates and counsels to take up the cases of the poor under Legal aid programme, the Committeerecommended for enhancement of fee structure of legal aid Counsels.

13.30 The Committee was informed that the Law Commission had so far presented 195 Reports to the Government, outof which 51 Reports were pending implementation at various stages/levels and for a variety of reasons. The Committee recommended that the Department of Legal Affairs, being the nodal agency for monitoring the implementation of the LawCommission’s Reports, should instruct all administrative Ministries/Departments to make concerted efforts to ensure timely implementation of the recommendations contained therein.

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13.31 The Committee opined that being one of the largest democracies of the world, the Ministry’s constant endeavour should be directed to ensure that elections were held in free and fair manner. Necessary infrastructure of which, EVMsconstitute a part should, therefore, be in place at the time of holding elections. The Committee noted that its recommendationfor upgradation of old EVMs had been implemented by the Ministry. The Committee hopes that the process of procurementof new upgraded EVMs would also be completed as early as possible.

13.32 The Committee observed that a considerable time had elapsed since the inception of the EPIC Scheme. In that backdrop, it recommended that this is high time to have a fresh look into the matter and devise a mechanism whereby thework is completed within a definite time-frame. The Committee also recommended for unique multi-purpose Identity Card which may be used by the citizens as multi-purpose card for identification, residential proof, citizenship, date of birth etc.

13.33 The Committee took note of the fact that the Centrally Sponsored Scheme relating to infrastructural facilities,though started in 1993-94, had not been executed effectively in the absence of a proper planning. Similarly, availability of the State Governments’ matching share for the scheme had been a problem area. Consequently, the success ofimplementation of the scheme had not been assessed properly. The Committee reiterated its earlier recommendation that theMinistry should consider all these components seriously and include them in the perspective plan.

13.34 The Fast Track Courts were started on the basis of the recommendation by the Eleventh Finance Commission forexpeditious trial of long pending cases. The Committee appreciated that extension had been given to 1562 Fast Track Courts by the Government for a further period of 5 years i.e. upto 2010. The Committee had further expressed its concern that there are some anomalies in absorbing Fast Track Court Judges on regular basis in the mainstream of the Judiciary and, therefore,it recommended that it should be looked into by the Ministry and anomalies, if any, should be addressed properly.

13.35 The Committee also recommended that Government should fix a target for establishing at least one Family Court in each district particularly in the States like Goa, so as to resolve family disputes and related matters, expeditiously.

13.36 The Committee having taken note of the vacancies of Judges in the Supreme Court and the High Courts,recommended that the Ministry should come forward with a concrete alternative, addressing the issue of appointment of Judges of the higher judiciary by evolving a suitable mechanism through the Executive decision with judicial scrutiny,instead of allowing the judiciary alone to choose their judges.

13.37 Setting-up of benches of Supreme Court in far-flung areas engaged the attention of the Committee. In its various reports, the Committee had emphasized on the necessity for establishment of benches of Supreme Court in southern, westernand north eastern parts of the country which would facilitate the litigants to avail justice from the apex court, withouttraveling to Delhi from far away places. In its latest report, the Committee recommended that the Government should comeforward with a necessary Constitutional amendment to address this deadlock.

13.38 The Committee having noted the mind-boggling figures of pending cases in the High Courts and in the subordinatejudiciary, recommended the Ministry to address the problem of pendency of cases by carefully analyising the factorsresponsible and searching viable solutions in addition to the existing arrangements.

13.39 In order to be apprised of the needs of the subordinate Judiciary, the Committee recommended that the Governmentshould evolve a mechanism for having an overall view of the needs/problems of the Judiciary as a whole. The Committeealso recommended that a Conference of all Registries of the High Courts and Administrative Heads of the Subordinate/LowerCourts should be convened at least once in a year under the overall supervision of the Registry of the Supreme Court like theChief Justice’s Conference.

13.40 While retracing the consistent opposition by the Government in acceding to the recommendation of the Committee on Home Affairs since 1995 and of the Committee on Personnel, Public Grievances, Law and Justice (after its bifurcationfrom the Committee on Home Affairs in 2004) for having a separate Secretary of the Department of Justice instead ofholding the additional charge by the Home Secretary, the Committee unanimously resolved that the Home Ministry is thebusiest Ministry in the entire set up of the Government and hence time had come for the Government for taking a liberal viewin delinking of the Department of Justice from the Ministry of Home Affairs and creation of a separate Department of Justicewith a full time Secretary of Justice in the interest of both the Ministries i.e. Ministry of Home Affairs and Ministry of Law and Justice (Department of Justice). Sixteenth Report on the Representation of the People (Amendment) Bill, 2006

13.41 The Bill, as introduced in Rajya Sabha on the 17th February, 2006 and pending therein, was referred to the Committee on the 27th March, 2006 for examination and report thereon within three months. The Committee decided toinvite views/suggestions from various individuals/organisations on the provisions of the Bill through a press release issued on

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the 20th April, 2006. In response thereto a considerable number of memoranda were received. Keeping in view the importance of the Bill requiring vast range of discussions, issues involved and consideration of the memoranda received froma cross-section of the society, the Committee sought an extension of time for presentation of its report upto the last week of the 208th Session of Rajya Sabha, from the Hon’ble Chairman, Rajya Sabha.

13.42 The Representation of the People (Amendment) Bill, 2006 sought to amend section 20 of the Representation of the People Act, 1950 (43 of 1950) to make provision for enabling the Indian citizens, absenting from their place of ordinaryresidence in India owing to their employment, education or otherwise outside India, to get their names registered in theelectoral rolls of the constituency of their place of ordinary residence in India, had they been in India, so that they would bein a position to cast their votes in the elections to the Lok Sabha and to the State Legislatures in case they happen to be intheir constituency at the time of the polls. The Bill sought to make an enabling provision for these citizens to be able tocontest the elections. The Bill had a legislative purpose so as to extend the right to vote to the Indian citizens residing abroad(colloquially known as “Non-resident Indians” i.e. NRI).

13.43 The Committee dealt on the subject at length in 5 sittings and heard views of the Secretaries of the Legislative Department and the Department of Legal Affairs Ministry of Law and Justice; Ministry of Home Affairs, Ministry ofOverseas Indian Affairs, the representatives of the Ministry of External Affairs and the Deputy Election Commissioner. TheCommittee adopted the Report in its meeting held on the 2nd August, 2006.

13.44 The Committee took note of the fact that through the proposed legislation, the Government had sought to enlarge the scope of “ordinarily resident” as provided in Section 20 of the Act, which was one of the requirement for registration as avoter so as to include those citizens also who were residing out of the country for the reasons of education, employment orotherwise. The Bill provided to make an enabling provision seeking to give effect to two things namely creating exemptionfrom the requirement of “ordinary residence” in the case of the Indian residents residing outside India for certain reasons for getting registered in the electoral rolls and consequently enabling them to contest elections.

13.45 While endorsing the spirit of the proposed legislation the Committee desired the Ministry to consider the following aspects:—

(a) The Committee recommended for a comprehensive Bill on the subject containing all the details regarding themanner of enrollment of the Non-Resident Indians, the mode of casting of votes and the conditionalities forcontesting elections;

(b) Instead of amending the Act repeatedly and making the provisions ambiguous and complicated the Committee recommended for a comprehensive Bill to bring all exemptions at one place in a single clause.The Committee further recommended for defining the terms “Ordinarily resident” and “temporary absence”appropriately and comprehensively;

(c) The Committee desired the Ministry to remove ambiguity regarding the mode of voting by the exemptedcategories and also to make it uniform in all the cases of exemptions; and

(d) The Committee further recommended for immediate corrective and remedial steps to stop deletion of electorsnames en-block solely on the basis of physical verification so that their interest was protected.

13.46 The Committee also pointed out that the term “Non-Resident Indian” had not so far been defined in any legislation except in the Income Tax Act, 1961 and desired the ministry to define it appropriately. Seventeenth Report on the Administrative Tribunals (Amendment) Bill, 2006

13.47 The Bill, as introduced in Rajya Sabha on 18th March, 2006 was referred to the Committee for examination and Report on 27th March, 2006.

13.48 While considering the Bill, the Committee considered suggestions and heard views of interestedorganisations/institutions/individuals/experts on the provisions of the Bill.

13.49 The Bill sought to amend the Administrative Tribunals Act, 1985 by an enabling provision for abolition of Central Administrative Tribunal and State Administrative Tribunals and for transfer of pending cases to some other authority afterthe Tribunal was abolished. It also sought to take away contempt powers from Administrative Tribunals and to provide forappeal against the orders of Administrative Tribunals to the respective High Courts.

13.50 The Committee recommended that the Administrative Tribunals should be vested with “Civil Contempt” powers since there were no separate execution rules for enforcing implementation of the judgments/orders of the AdministrativeTribunals.

13.51 On the issue of abolition of Administrative Tribunals, the Committee was of the opinion that since Administrative

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Tribunals was a vital security granted to Government employees in Part XIV A of the Constitution, delegating the power toabolish such a Tribunal merely by a notification of the Executive will not reflect the sense of Article 323A of theConstitution. The Committee recommended that the power of abolition of Administrative Tribunals should not be granted tothe Executive and that the proposal for such abolition should invariably get the concurrence of the Parliament.

13.52 The Committee recommended that appeals from orders of Administrative Tribunals should be provided only to the Supreme Court and not to the High Courts as enshrined in Article 323A(2) of the Constitution, since High Courts werealready overburdened with huge number of pending cases. It also recommended that if statutory provision of appeal to theSupreme Court could not be envisaged, a clarifying amendment should be made that the order of a Tribunal finally disposingof an application will not be called in question in any Court, except by way of special leave petition in the Supreme Court.

13.53 The Committee recommended that when a legislation is made, the Judicial Impact Statement and financial commitment should be anticipated and measured. It recommended that the nodal Ministry for the Administrative Tribunalsshould be the Ministry of Law and Justice instead of Ministry of Personnel, Public Grievances and Pensions.

13.54 The Committee recommended that the employees of all Organisations, whose service conditions were at par with those of Central Government employees, should also be entitled to be covered under the Administrative Tribunals Act, 1985.

13.55 The Committee did not approve of granting retrospective effect to the notification of Government of Indiaabolishing the Tamil Nadu State Administrative Tribunal since it would not be proper to validate the Notification till thejudgment was given by the Apex Court in the Special Leave Petition which was filed challenging the abolition.

13.56 The Committee recommended that the establishment of State Administrative Tribunals should be made mandatory. It recommended that provision should be incorporated in the Administrative Tribunals Act, 1985 for holding an erring officerliable to indemnify the aggrieved party by personally paying fine for every day of default in compliance with the orders ofthe Tribunal.

13.57 The Committee recommended that legal aid should be provided at least for all Class IV employees and workers of temporary status etc. in all Benches of the Tribunals. VII. Secretariat 13.58 The Committee Section (Personnel and Law) headed by a Committee Officer constituted the Secretariat of theCommittee. A Joint Secretary, a Deputy Secretary and an Under Secretary remained incharge of the Section. 13.59 The work relating to drafting, consideration and adoption of draft Reports by the Committee along with their presentation, laying and distribution was undertaken. 13.60 The Secretariat also studied materials like Parliamentary Debates, answers to Parliament Questions, BudgetDocuments, Five Year Plan Documents, Appropriation Accounts (Civil), CAG Reports on accounts of the UnionGovernment (Civil), Books, Journals, Newspapers etc. relevant to the subjects under examination of the Committee. The Secretariat also made use of the material downloaded from the various websites.

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Annexure - XIII (See Para 13.7)

Details of the Meetings of the Committee on Personnel and Law held during 2006

Sl. No. Date of

Meeting Duration Main Agenda

Hrs. - Mts. 1. 17.01.2006 2-20 Further discussion on the “Electoral Reforms”. 2. 04.04.2006 4-40 (i) Presentation by the representative of the Supreme

Court Registry and the Member-Secretary, National Legal Service Authority;

(ii) Presentation by the representative of the Election Commission;

(iii) Presentation by the representative of the SSC; (iv) Presentation by the Director, Institute of

Constitutional and Parliamentary Studies; and (v) Presentation by the Director, CBI.

3. 05.04.2006 4-22 (i) Presentation by the Secretary, Department of Legal Affairs, Ministry of Law & Justice;

(ii) Presentation by the Legislative Department, Ministry of Law & Justice;

(iii) Presentation by the Secretary, Ministry of Personnel, Public Grievances & Pensions; and

(iv) Presentation by the Secretary, Department of Justice, Ministry of Law & Justice.

4. 17.05.2006 1-15 Consideration and adoption of draft Reports on Demands for Grants (2006-07) pertaining to the Ministries : — (i) Draft Report on Demands for Grants (2006-07) of

the Ministry of Personnel, Public Grievances and Pensions; and

(ii) Draft Report on Demands for Grants (2006-07) of the Ministry of Law and Justice.

5. 05.06.2006 2-15 Presentation by the Secretaries : — (i) Legislative Department, Ministry of Law and

Justice on the Representation of the People (Amendment) Bill, 2006; and

(ii) Ministry of Personnel, Public Grievances on the Administrative Tribunals (Amendment) Bill, 2006.

6. 14.06.2006 2-15 (i) Presentation by the Secretaries, Legislative Department, Department of Legal Affairs and Department of Justice, Ministry of Law and Justice on “Judicial Reforms”.

7. 11.07.2006 2-15 (i) Presentation on the Representation of the People (Amendment) Bill, 2006 by :

(i) Additional Secretary, Ministry of External Affairs;

(ii) Secretary, Ministry of Overseas Indian Affairs; (iii) Secretary, Ministry of Home Affairs. (ii) Presentation by the representatives of the World

Bank (Delhi Office) on “Reforming Public Services in India: Drawing Lessons from Success”.

(iii) Presentation on the Representation of the People (Amendment) Bill, 2006 by :

(i) the Principal Secretary, Election Commission of India; and

(ii) the representatives of the Indian Law Institute, New Delhi .

8. 12.07.2006 1-57 (i) Presentation by the Secretary, Legislative

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MGIPMRND—2824RS—20.09.2007.

Department, Ministry of Law & Justice on the Representation of the People (Amendment) Bill, 2006;

(ii) Clause-by-clause consideration on the Representation of the People (Amendment) Bill, 2006; and

(iii) Oral evidence of the witnesses on the Administrative Tribunals (Amendment) Bill, 2006.

9. 26.07.2006 0-50 Oral evidence of the witnesses on the Representation of the People (Amendment) Bill, 2006.

10. 02.08.2006 0-52 I. Oral evidence on the Administrative Tribunals (Amendment) Bill, 2006 by –

(i) Secretary, Ministry of Personnel, Public Grievances and Pensions; and

(ii) Secretary, Department of Personnel and Administrative Reforms, representative of the Govt. of Tamil Nadu;

II. Adoption of the draft Report on the Representation of the People (Amendment) Bill, 2006.

11. 07.09.2006 0-45 To chalk out its future Programme.12. 21.09.2006 1-41 Oral evidence on the Administrative Tribunals

(Amendment) Bill, 2006.13. 03.10.2006 1-25 Discussion on the provisions of the Administrative

Tribunals (Amendment) Bill, 2006.14. 16.10.2006 0-25 Discussion on the Public Grievances Redressal

Mechanism as available in the Central Government Offices and Public Sector Undertakings.

15. 26.10.2006 1-45 Consideration of draft report on the Administrative Tribunals (Amendment) Bill, 2006 and further discussion on the ‘Public Grievances Redressal Mechanism’ as available in the Central Government Offices and Public Sector Undertakings.

16. 09.11.2006 0-55 Consideration and adoption of draft Report on the Administrative Tribunals (Amendment) Bill, 2006.

17. 16.12.2006 1-17 Presentation by the Secretary Legislative Department (Ministry of Law and Justice) on “Electoral Reforms”.

18. 28.12.2006 2-15 Oral evidence of the witnesses/experts on “Electoral Reforms”.

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