Questions asked by Mr. Jabir Husain during Rajya Sabha session November – December 2009

No. of questions found: 14

3458. SHRI JABIR HUSAIN

Will the Minister of INFORMATION AND BROADCASTING be pleased to state:-

(a) whether her Ministry has decided to streamline and expedite clearance process for applicants seeking permission for uplinking and downlinking of channels in the country;

(b) if so, whether any step has been initiated after her Ministry received complaints that a few individuals were posing as consultants claiming to secure such permission for applicants from her Ministry;

(c) whether Director, Broadcasting has been asked to hold a meeting on 5th of each month to entertain any difficulty that applicants are experiencing in getting clearances; and

(d) if so, the final decision in streamlining clearance process?
Answer
THE MINISTER OF STATE IN THE MINISTRY OF INFORMATION AND BROADCASTING

( SHRI C.M. JATUA )

(a) & (b) : Yes Sir. Streamlining of process and expediting clearances is an on-going process. No such specific complaints were received in the Ministry regarding persons as Consultants. However, by way of abundant caution the Ministry has posted a notice on its website making it categorically clear that the Ministry does not recognize any such consultants and that they have no role in getting permission from I & B Ministry.

(c) & (d) : The Ministry has placed a notice on its website for conducting the ‘Open House’ meetings on 5th of every month to clarify doubts and inform the participants about the status of their pending papers. Two meetings have been held by Director (BC), Ministry of Information & Broadcasting, with the representatives of the companies during the months of November and December, 2009.

3353. SHRI JABIR HUSAIN

Will the Minister of RAILWAYS be pleased to state:-

(a) whether Railway Ministry of Pakistan has technically approved an Indian proposal to launch South-Asian train service linking Bangladesh, India and Pakistan;

(b) if so, whether Pakistan Government has conveyed their approval for further evaluation;

(c) if so, whether all the Governments have given their approval;

(d) if so, whether her Ministry’s proposal of Dhaka- Delhi- Lahore train is viable in all respects;

(e) whether services could be extended to Karachi or Islamabad if need arises; and

(f) if so, by when final decision in this regard is likely to be taken?
Answer

MINISTER OF STATE IN THE MINISTRY OF RAILWAYS

( SHRI E. AHAMED )

(a) to (f): At the third meeting of SAARC Inter-governmental Group on Transport held on 24th July 2009 at Colombo, India circulated a Concept Paper on running of a demonstration container train from Bangladesh to Pakistan via India and Nepal. The possible corridor for running the demonstration train mentioned in the Paper was Chittagong Port/Dhaka (Bangladesh)-Katihar (India)- Birgunj (Nepal) – Lahore (Pakistan). The meeting noted the proposal and the Member States were to consider this proposal and offer their comments within three months.
This position was approved in the second meeting of SAARC Transport Ministers held on the next day i.e. 25th July 2009. All the Member States, including Pakistan and Bangladesh have agreed to evaluate the Concept Paper circulated by India. However, comments from the Member States have not been received. Any further decision on the proposal including extension to other points can be taken only after the Concept Paper is first discussed and agreed among the member countries.

343. SHRI JABIR HUSAIN
T. SUBBARAMI REDDY
Will the Minister of COAL be pleased to state:-

(a) whether the Coal India Ltd. is set to commission 19 washeries over the next five years with an investment of Rs.3,000 crores;

(b) Whether this facility would help the coal behemoth in enhancing the quality of its coal through washing;

(c) whether the company also plans to start commercial operation of 6 out of the 19 washeries by March, 2013; and

(d) if so, to what extent it would be helpful?
Answer
MINISTER OF STATE (INDEPENDENT CHARGE) IN THE MINISTRY OF COAL AND MINISTER OF STATE (INDEPENDENT CHARGE) IN THE MINISTRY OF STATISTICS & PROGRAMME IMPLEMENTATION

(SHRI SRIPRAKASH JAISWAL)

(a) to (d): A statement is laid on the Table of the House.

Statement referred to in reply to parts (a) to (d) in respect of Rajya Sabha Starred Question No. 343 for reply on 14.12.2009 asked by Shri Jabir Husain and Dr. T. Subbarami Reddy on ‘Commissioning of washeries’

(a) to (d): Yes, Sir. Coal India Ltd. (CIL) envisages setting up 20 new coal washeries for an ultimate raw coal throughput capacity of 111.10 million tonnes per annum (mtpa) with an estimated capital investment of about Rs.2500 crore. These washeries include 7 numbers of coking coal washeries for an ultimate raw coal throughput capacity of 21.1 mtpa with an estimated capital investment of about Rs.775 crore and 13 numbers of non-coking coal washeries for an ultimate raw coal throughput capacity of 90 mtpa with an estimated capital investment of about Rs.1725 crore.
The additional capacity is expected to help in improving the quality of coal and the availability of washed coking coal from the current level of 3.68 million tonnes (mt) to about 9 mt and washed non-coking coal from the current level of 11.28 mt to about 74 mt. Further, the existing capacity of coking coal washeries will increase from 22.18 mtpa to 43.28 mtpa and the capacity of non-coking coal washeries will increase from the existing 17.22 mtpa to 107.22 mtpa. This will help in maintaining the consistency in the quality of coal supplies.
3 coking coal washeries for a capacity of 12.5 mtpa and 3 non-coking coal washeries for a capacity of 30 mtpa are envisaged to be commissioned by March, 2013. Commissioning of these washeries is envisaged to increase the availability of washed coking coal by 3 mt and washed non-coking coal by 21 mt.

2348. SHRI JABIR HUSAIN
T. SUBBARAMI REDDY
Will the Minister of EXTERNAL AFFAIRS be pleased to state:-

(a) whether Pakistan once again proposed resumption of talks on nuclear confidence building measures but India has refused the offer citing lack of seriousness shown by Islamabad in taking action against perpetrators of 26/11 Mumbai attacks;

(b) whether this took place at the regional meeting of the International Commission for Nuclear Non-proliferation and Disarmament in New Delhi in October, 2009;

(c) whether Indian representatives at the meeting placed the facts emerging out of the recent letters of A.Q. Khan; and

(d) if so, the other main points discussed in the meeting and the stand our country has taken in the meeting?
Answer
THE MINISTER OF EXTERNAL AFFAIRS

(SHRI S. M. KRISHNA)

(a) & (b) At the regional meeting of the International Commission on Nuclear Non-Proliferation and Disarmament (ICNND), a Track II forum, held in New Delhi in October 2009 some Pakistani participants called for talks with India on nuclear confidence building measures. There has been no official proposal from Pakistan in this regard.

(c) & (d) At the meeting, the Indian participants had pointed out the facts emerging out of the letters of A.Q. Khan. The meeting discussed several topics, including the mandate and objectives of ICNND, current disarmament and non-proliferation issues (such as FMCT, CTBT, NPT, peaceful uses of nuclear energy etc) and nuclear power projection and priorities. The Indian participants put forth their views on these issues, including India’s commitment to a world free of nuclear weapons.

2206. SHRI JABIR HUSAIN

Will the Minister of HOME AFFAIRS be pleased to state:-

(a) whether the Centre is likely to enact a federal anti-terror law to lend more teeth to the National Investigation Agency;

(b) whether this question was discussed at a conference on anti-terror law;

(c) whether at a conference of inter-State and international terrorism resulted in the creation of a National Investigation Agency and it is equally important to have a federal law; and

(d) if so, whether Government has accepted the suggestion and what steps are being taken to implement them?
Answer
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS

(SHRI AJAY MAKEN)

(a) to (d): The Unlawful Activities (Prevention) Act which is the comprehensive central Act to combat terrorism has been amended and notified on 31.12.2008 to strengthen the punitive measures to combat terrorism. The National Investigation Agency Act has been enacted and Notified on 31.12.2008 and under the said Act the National Investigation Agency has been constituted, to investigate and prosecute offences under the Acts specified in the Schedule. These legislations are culmination of deliberations in several fora including State Chief Minister’ conferences, Standing Committees of Parliament, Second Administrative Reforms Commission, Several Experts Groups etc.

2001. SHRI JABIR HUSAIN
T. SUBBARAMI REDDY
Will the Minister of CIVIL AVIATION be pleased to state:-

(a) whether India would have 125 operational airports in the next five years if the momentum of building private airports continues;

(b) whether Government would continue its effort to build an aviation grid of one airport in every 50-100 kilometre amid global recession;

(c) whether Rs. 15,000 crore is to be invested in Eleventh Five Year Plan by Government and Rs. 30,000 crore is to come in through Public Private Partnership (PPP) route; and

(d) if so, by when these projects are likely to be completed and what is the present position of these airports?
Answer
MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF CIVIL AVIATION

( SHRI PRAFUL PATEL )

(a): Airports Authority of India (AAI) operates and maintains 87 operational and 29 non-operational airports including 23 civil enclaves at defence airfields and private airports for air traffic operations. In addition to above, Government of India have given `in-principle` approval for setting up of new Greenfield airports at Navi Mumbai, Sindhudurg in Maharashtra, Mopa in Goa, Bijapur, Simoga, Hassan and Gulbarga in Karnataka, Pakyong in Sikkim, Durgapur in West Bengal and Datia/Gwalior in Madhya Pradesh.

(b): No, Sir. However, government wishes to encourage the use of all available infrastructure in the country whether it be airfield which are not operational presently as well as the airfields owned by State Governments or Ministry of Defence. A Policy to promote greenfield aiprorts is already in place.

(c) & (d) There is no such estimation made. However, Airports Authority of India (AAI) has plan to incur expenditure of Rs.12434 crores for modernisation of airports and air traffic services across the country during XIth Five Year Plan period (2007-2012).Two Greenfield Airports each at Bangalore and Hyderabad with an investment of Rs. 2400 Crores and Rs. 2920 crores have been made operational in 2008 under PPP. Besides,development of IGI Airport, New Delhi and CSI Airport, Mumbai with estimated cost of Rs. 8975 crores and Rs. 9802 crores respectively has been undertaken under PPP.

The details of development works completed by AAI at various non-metro airports are as follows: Vizag (Andhra pradesh)- construction of new integrated terminal building; Guwahati (Assam)- extension of runway; Mangalore (Karnataka)- construction of new integrated terminal Building; Agati(Lakshadweep)- construction of new integrated terminal building; Raipur (Madhya Pradesh)- construction of new apron; Khajuraho (Madhya Pradesh)- construction of new apron at; Aurangabad (Maharashtra) – construction of new integrated terminal building; Nagpur (Maharashtra)- construction of new international arrival hall and expansion of existing terminal building; Amritsar (Punjab)- extension of runway, expansion of apron and terminal building, construction of new terminal building; Jaipur (Rajasthan)- construction of new international terminal complex; Udaipur (Rajasthan)- construction of new terminal building complex and new apron; Madurai (Tamil Nadu)- extension of new apron; Trichy (Tamil Nadu)- construction of new integrated terminal building; Agartala (Tripura)- expansion of apron, strengthening of existing runway and construction of technical block; Agra (Uttar Pradesh)- renovation of terminal building; Dehradun (Uttarakhand)- construction of new terminal building, apron and strengthening and extension of runway.

Development works scheduled to be completed in Financial Year 2009-10 at various non-metro airports are as under: Portblair (Andaman & Nicobar Island)- extenion and strengthening of apron; (Raipur (Chattisgarh)- construction of new terminal building; Ahmedabad (Gujarat)- construction of new international terminal building; Ranchi (Jharkhand)- construction of new integrated terminal building; Trivandrum (Kerala)- construction of new international terminal buiding; Bhopal (Madhya Pradesh)- construction of new integrated terminal building; Indore (Madhya Pradesh)- construction of new integrated terminal building; Pune (Maharashtra)- extension and modification of terminal building; Imphal (Manipur)- extension of apron; Dimapur (Nagaland) – extension of apron and construction of link Taxiway. Coimbatore (Tamil Nadu)- expansion and modification of existing terminal building, consruction of part parallel taxi way and extension of apron; Madurai (Tamil Nadu)- construction of new integrated terminal building; Lucknow (Uttar Pradesh)- construction of new international terminal building and new apron, expansion of existing apron; Varanasi (Uttar Pradesh)- construction of new integrated terminal building including aerobridge and extension of apron; Chandigarh (Union Territory) – construction of new terminal building; Khajuraho (Madhya Pradesh)- construction of terminal building.

1926. SHRI JABIR HUSAIN
T. SUBBARAMI REDDY
Will the Minister of LAW & JUSTICE be pleased to state:-

(a) whether, in. a note exchanged at a meeting of Chief Justices of High Courts held at the Supreme Court, Judges have complained that Centre must deliver on its promise to set up more courts as burden of cases is increasing day-by-day;

(b) whether the Chief Justice of India has constituted a committee of Judges to bring out an authoritative series of `Restatement of Laws` on about 100 topics to remove ambiguities surrounding legal principles and their applicability for their better adaptation to social needs; and

(c) if so, to what extent it has identified subjects for preparation of restatement of laws?
Answer
MINISTER OF LAW AND JUSTICE

(DR. M. VEERAPPA MOILY)

(a): Government has not received any such information.

(b): Yes, Sir. The Hon’ble Chief Justice of India who is an Ex-Officio President of the Indian Law Institute has constituted a Restatement of Law Project Committee consisting of Judges, senior advocates and academicians to undertake a research project on Restatement of Law on various topics.

(c): The Restatement of Law Project Committee has initially selected following three subjects as a pilot project in order to create models for future use:

(i) The Legislation Privileges

(ii) Contempt of Court

(iii) Public Interest Litigation

1766. SHRI JABIR HUSAIN
T. SUBBARAMI REDDY
Will the Minister of HUMAN RESOURCE DEVELOPMENT be pleased to state:-

(a) whether for implementation of Right to Education Act over next five years, Centre and States have worked out the funds required to be a whopping Rs.1.78 lakh crores;

(b) whether this new law will come in force from next academic year and since education is now a Fundamental Right, whether it is mandatory on part of Government to provide what is demanded;

(c) if so, the measures on which this amount will be required and whether funds have been allotted for the purpose; and

(d) if so, what will be the total contribution to be made by Centre and States?
Answer
MINISTER OF HUMAN RESOURCE DEVELOPMENT

(SHRI KAPIL SIBAL)

(a) to (d): On the request of the Government, the National University of Educational Planning and Administration (NUEPA) has prepared financial estimates for Rs.1,71,484 crores for a period of five years from 2010-11 to 2014-15 for implementation of the Right of Children to Free and Compulsory Education (RTE) Act, 2009. The estimates of funds cover recurring and non-recurring components including, inter-alia, school infrastructure and facilities, child entitlements, teacher recruitment and teacher training and will be shared between the Central and the State Governments in accordance with the provisions of Section 7 of the RTE Act. The RTE Act will come into force on such date as the Central Government may by notification in the official Gazette appoint. The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in Part III Fundamental Rights of the Constitution of India. This Act has also not come into force.

1534. SHRI JABIR HUSAIN
T. SUBBARAMI REDDY
Will the Minister of COMMUNICATION AND INFORMATION TECHNOLOGY be pleased to state:-

(a) whether Telecom Ministry is planning to amend the Universal Service Obligation Fund (USOF) rules to make it easier for telecoms to access over Rs. 11,000 crore corpus lying with Government to push rural telephony;

(b) whether an amendment is being done to remove rigidity in USOF rules and make it more flexible; and

(c) if so, the other steps being considered to push rural telephony and by what time these measures are likely to be considered?
Answer
THE MINISTER OF STATE IN THE MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY

(SHRI GURUDAS KAMAT)

(a) to (c) No, Sir. The existing Rules of Universal Service Obligation Fund (USOF) already have the provisions to provide subsidy support for public telecom and information services in rural and remote areas of the country. These Rules are being amended from time to time to expand the scope of rural telecom connectivity. Last such amendments were carried out in 17.11.2006 and 18.07.2008 to enable support for mobile services & broadband connectivity in rural & remote areas and for providing subsidy support to eligible operators for operational sustainability of Rural wire line Household Direct Exchange Lines (RDELs) installed prior to 01.04.2002.

Various schemes being undertaken/considered for expansion of telecom network in rural and remote areas are provision of Village Public Telephones (VPTs) in the uncovered villages, replacement of Multi Access Radio Relay (MARR) based VPTs, support for RDELs, setting up of shared mobile towers, provision of wire line/wireless broadband connectivity in rural areas, creation of general infrastructure in rural areas etc.

1490. SHRI JABIR HUSAIN
T. SUBBARAMI REDDY
Will the Minister of ROAD TRANSPORT & HIGH WAYS be pleased to state:-

(a) whether Government has finally cut red tape that kept the road sector tied down;

(b) whether he has decided on bidding procedure and made changes to bid documents effectively keeping Planning Commission out of the entire process;

(c) whether private sector virtually lost interest in road projects over the last two years after Planning Commission advised and introduced string of tricky clauses in bid documents;

(d) if so, whether Planning Commission recommended that his Ministry be given a free hand in making changes to request for qualification etc; and

(e) if so, to what extent this position has helped in completing road projects?
Answer
MINISTER OF STATE FOR ROAD TRANSPORT & HIGHWAYS

(SHRI R.P.N. SINGH)

(a) to (e): With a view to resolve the procedural impediments, Government has approved the recommendations made by Shri B. K. Chaturvedi Committee as per the summarised details enclosed as Annexure-I.

It has been decided by the Government that henceforth all changes in the RFQ/ RFP will be carried out by the Ministry of Road Transport & Highways (MoRT&H) on the basis of recommendation of NHAI Board. MCA related issues would be referred to an Inter-Ministerial Group (IMG) under the Chairmanship of Secretary, MoRT&H with representatives of DEA, Department of Expenditure, Planning Commission and Ministry of Law and Justice. Where there is unanimity in the decision, the same will be then put up to the Minister, Road Transport & Highways for approval. Where there is no unanimity in the decision, the matter will be placed before the Empowered Group of Ministers (EGoM) comprising the Finance Minister, Minister of Road Transport & Highways and Deputy Chairman, Planning Commission. The recommendations of the Committee headed by Shri B. K. Chaturvedi have been approved recently and many of the concerns of the bidders have been adequately addressed with a view to facilitate their participation in road projects with greater interest.

THE ANNEXURE REFERRED IN THE REPLY TO THE PART (A) TO (E) OF THE RAJYA SABHA UNSTARRED QUESTION NO. 1490, FOR ANSWER ON 2ND DECEMBER 2009 ASKED BY SHRI JABIR HUSAIN AND DR. T. SUBBARAMI REDDY REGARDING REVIEW OF BIDDING PROCEDURE

Annexure – I

Subject: Statement indicating summarized details of the main recommendations of the Committee headed by Shri B K Chaturvedi given in his report on – “Revised strategy for implementation of the National Highways Development Project (NHDP) – Framework and Financing” as approved by the Government.

(i) Modifications to the existing MCA, RFQ, and RFP documents for the road sector, as per details given below:-

a. Termination Provisions in Road Concession Agreements (Para 5.1.1). b. Exit Policy for (Developer) Concessionaire in MCA. (Para 5.1.2). c. Issue of Security to Lenders in MCA (Para 5.1.3). d. RFP Provisions – Forfeiture of bid security of bidders on account of non-responsiveness (Para 5.1.4). e. Eligibility of applicants/conflict of interest as per RFQ provisions-common shareholding levels (Para 5.1.5). f. Eligibility of applicants /conflict of interest as per RFQ provisions – Continuation of conflict of interest (Para 5.1.6). g. Associate – definition in RFQ thereof (Para 5.1.7). h. “Threshold technical capability” “Eligible projects” (TTC) in latest RFQ (Para 5.1.8). i. Increase in Equity Grant (VGF) to 40% by merging 20% equity and 20% O&M Grant into Equity Grant (Para 5.1.9). j. RFQ process – project wise pre-qualification be substituted with annual/periodic pre-qualification (Para 5.1.10). k. Premium provisions under RFP /MCA (Para 5.1.11).

(ii) Issuance of the RFQ and RFP for the road sector projects after incorporating the recommendations made by the Committee in the Model RFQ and RFP documents issued by the Ministry of Finance, as referred to at clause 1
(i) above.

(iii) Further amendments to RFQ and RFP provisions, where necessary, will be carried out by the Ministry of Road Transport and Highways (MoRTH) on the basis of recommendations of the NHAI Board.

(iv) Setting up of an Inter-Ministerial Group (IMG) under the Chairmanship of Secretary, MORTH with representatives of DEA, Department of Expenditure, Planning Commission and Ministry of Law and Justice to consider issues relating to MCA. Where there is unanimity in the decision, the same will be then put up to the Minister, Road Transport & Highways for approval. Where there is no unanimity in the decision, the matter will be placed before the Empowered Group of Ministers (EGoM) comprising the Finance Minister, Minister of Road Transport & Highways and Deputy Chairman, Planning Commission. The EGoM will also consider and take decision on all issues where there is no unanimity in committees at the level of officers and which do not require approval of the Cabinet/CCI.

(v) Continuance of endeavour to award projects within the available overall budgetary ceilings, as per the detailed Work Plan for the current year (2009-10) for 12,652 Km presented by the NHAI to the Committee.

(vi) Recommendations made by the Committee as regards the ‘Modes of Delivery’ and the ‘Financing Plan’ approved with the proviso that the financing plan for 2010-11 onward would be considered by the Empowered Group of Ministers for further action, including such changes to the work plan as may become necessary.

(vii) Carrying out implementation of road projects on all the three modes of delivery viz. BOT (Toll), BOT (Annuity) and EPC (Item Rate Contract) concurrently rather than sequentially. Roads below a certain threshold in terms of traffic do not merit testing on BOT (Toll) as the process only leads to delays in implementation and award. Hence, a road not found prima facie suitable for BOT (Toll) can be implemented directly on BOT (Annuity) subject to the overall cap as envisaged in the Work Plan. The decision of shifting a project from BOT (Toll) to BOT (Annuity) would be taken by the IMG chaired by Secretary, MORTH and approved by Minister, Road Transport & Highways.

(viii) Before implementing a project on EPC basis, it will be compulsorily tested for BOT (Annuity) and only if unacceptable bids are received then only the project will be awarded on EPC basis. Normally, an Annuity bid working out to an Equity IRR of up to 18% will be acceptable as per these norms. However, in the event of bids exceeding the Equity IRR of 18 %, the same will be bid out on EPC. In case of difficult areas having law & order problems, security, inhospitable terrain etc, a bid working out to an Equity IRR of up to 21% will be acceptable considering the risk premium of 3 %, on case to case basis. PPPAC will be empowered to give approval for projects to be moved from Annuity to EPC where acceptable bids have not been received.

(ix) In case of projects under NHDP Phase IV, if the traffic is less than 5,000 PCUs, the project will directly be taken up on EPC. For the specific EPC km lengths recommended in the Work Plan, specific EPC packages will be presented before the existing EFC in the MORTH for approval.

(x) Based on the feasibility report, the projects would be tried first on BOT (Toll) and in case of non-viability/poor response, the same would be shifted to BOT (Annuity) failing which on EPC. For the projects where NHAI is not able to get bids, the process of preparation of detailed project report may be initiated immediately to save time in case such projects are required to be taken up on EPC.

(xi) Empowering the Board of NHAI to accept single bids after examining the reasonableness of the same.

(xii) Raising of overall VGF cap of 5% to 10% for the entire six-laning programme, and consideration of individual projects in low traffic GQ stretches with VGF up to 20% within an overall cap of 500 Km out of the 5080 Km of the Phase-V programme yet to be awarded.

(xiii) Funding of the NHDP Projects under SARDP-NE and in Jammu & Kashmir with Additional Budgetary Support (ABS) over and above the cess that the Government provides to NHAI on a yearly basis.

(xiv) ‘In Principle’ approval of the Government Support to the NHAI for :– a. Issuance of Tax exempted bonds b. Guarantee cover to the Borrowing Plan of NHAI. c. Out of the borrowing approval of Rs.30,000 crores earlier provided to Indian Infrastructure Finance Company Limited (IIFCL), Rs.10,000 crores under the fiscal stimulus package will be transferred to NHAI, as per the its borrowing requirement. d. Assistance in negotiating non-sovereign multilateral loans from World Bank, ADB, JBIC etc. by providing back to back support, if necessary. e. Providing a Letter of Comfort from Ministry of Finance confirming the availablity of Cess at least till 2030-31.

1267. SHRI JABIR HUSAIN
T. SUBBARAMI REDDY
Will the Minister of FINANCE be pleased to state:-

(a) whether his Ministry has finalized the roadmap for regulatory convergence;

(b) whether the plan has already been presented to him envisaging to set up a Financial Stability and Development Authority (FSDA) with statutory backing with him as its Chairperson;

(c) whether FSDA would treat to regulators-SEBI, IRDA, PFRDA and RBI as equals; and

(d) if so, by what extent this committee is likely to be in operation and to what extent it has taken certain decision?
Answer
MINISTER OF STATE IN THE MINISTRY OF FINANCE

(SHRI NAMO NARAIN MEENA)

(a) : No, Sir.

(b) : Yes, Sir.

(c) & (d) : No decision has been taken.

130. SHRI JABIR HUSAIN
T. SUBBARAMI REDDY
Will the Minister of HUMAN RESOURCE DEVELOPMENT be pleased to state:-
:

(a) whether his Ministry is keen to tie up with leading global universities;

(b) whether a task force has been set up by his Ministry for replacement of University Grants Commission (UGC), All India Council for Technical Education (AICTE) and National Council for Teacher Education (NCTE) by the proposed National Commission for Higher Education and Research (NCHER) and a national testing scheme on the lines of Graduate Record Examination (GRE) for university admission;

(c) whether he visited US for developing partnership with educational institutions of global repute;

(d) if so, the outcome of his visit; and

(e) to what extent setting up of the task force will improve higher education?
Answer
MINISTER OF HUMAN RESOURCE DEVELOPMENT

(SHRI KAPIL SIBAL )

(a) to (e): A Statement is laid on the Table of the House.

STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (e) OF RAJYA SABHA STARRED QUESTION NO.130 FOR 27.11.2009, ASKED BY SHRI JABIR HUSAIN, DR. T. SUBBARAMI REDDY, HON”BLE MEMBERS OF PARLIAMENT, REGARDING SETTING UP OF NCHER.

(a): In order to improve quality of education and research in Indian institutions of higher learning, the Government, in addition to other measures, is keen to promote collaborations with leading Universities of the world.

(b) & (e): The need to establish an overarching regulatory body in higher, technical and professional education based on the recommendations of the National Knowledge Commission and the Committee to advise on Renovation and Rejuvenation of Higher Education under Prof. Yash Pal has been expressed by Government as one of its priorities for which a Task Force has been constituted by he Government. The Task Force would aid, advise and assist the Government in achieving its objectives of reform and restructuring of the Higher Education sector and has the following terms of reference:

(i) To aid and advise the Central Government in the establishment of a Commission for Higher Education and Research.

(ii) To aid and advise the Central Government in the establishment of a National Testing system for admission to Universities and other institutions of higher learning.

(iii) To aid and advise the Central Government in evolving new governance structures for Universities.

(iv) To monitor the implementation of such recommendations of the Committee to advise on Renovation and Rejuvenation of Higher Education and the National Knowledge Commission as the Central Government may decide to implement.

(v) To aid and advise the Central Government in the establishment of Innovation Universities aiming at world class standards.

(c) & (d): An official delegation headed by the Minister of Human Resource Development visited some Universities in the United States (US) namely Harvard, Massachusetts Institute of Technology, Boston University, Yale University and Georgetown University between 25th to 31st October, 2009. The delegation also interacted with Presidents of several other Universities, prominent academics and officials in the Department of Education in the Federal Government of USA. The discussions focused on the establishment of Innovation Universities and other institutions of higher learning in India. The Indian academe in the US expressed their keenness to participate in India’ reform process for higher education. Among the issues discussed were the scope for evolving various models of partnership in Higher Education including Public- Private Partnership, encouraging twinning arrangement between universities in the two countries, joint assignments in Indian universities to Indo-American academe, invitations to academics from top US Universities in specialized fields of knowledge to Indian institutions to strengthen such fields in Indian Universities and encouragement to post-doctoral and graduate students from India to work with top academics and researchers in specialized areas of knowledge.

817. SHRI JABIR HUSAIN

Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether the Prime Minister announced the war against the corruption in Indian public life which has affected the economic growth and wastes precious national resources besides scaring away the foreign investors who expect fair treatment and transparent dealings;

(b) if so, whether the Prime Minister promised to launch a multi-pronged attack on corruption and decided on the Second Administrative Reforms Commission`s recommendations on Ethics in Governance; and

(c) the main steps he has now considered to take to wipe out the corruption in the country and to what extent these measures have helped in reducing and checking the corruption?
Answer
Minister of State (Independent Charge) of the Ministry of Science and Technology; Minister of State (Independent Charge) of the Ministry of Earth Sciences; Minister of State in the Prime Minister’s Office; Minister of State in the Ministry of Personnel, Public Grievances and Pensions; and Minister of State in the Ministry of Parliamentary Affairs.

(SHRI PRITHVIRAJ CHAVAN)

(a) To (c) : The Hon’ble Prime Minister in his address at the XVII Biennial Conference of CBI and State Anti-Corruption Bureaux on August 26, 2009 stressed on the need to combat corruption which distorts the rule of law and weakens institutions of governance and at the same time hurts economic growth etc. He also mentioned that pervasive corruption discourages investors who expect fair treatment and transparent dealing when dealing with public authorities. The Hon’ble Prime Minister in his address has emphasized that the battle against corruption has to be fought at many levels. The design of development programmes should provide for more transparency and accountability. Systems and procedures should be made more transparent, simpler, decentralized and less discretionary. The 2nd Administrative Reforms Commission gave wide range of recommendations in this regard in its report on “Ethics in Governance” which was examined in great detail. Government remains committed to transparent and accountable governance with zero tolerance to corruption.

717. SHRI JABIR HUSAIN

Will the Minister of ROAD TRANSPORT & HIGH WAYS be pleased to state:-

(a) whether the Chaturvedi Committee appointed by the Prime Minister has suggested measures to re-energise the roads sector and called for scrapping the controversial norm that limits the number of players that can be short-listed for projects;

(b) whether the Committee has also recommended over-arching powers to the Ministry, curbing the clout the Planning Commission enjoyed so far; and

(c) if so, the other main recommendations of the Committee and the steps being taken to implement them?
Answer
MINISTER OF STATE FOR ROAD TRANSPORT & HIGHWAYS

(SHRI R.P.N. SINGH)

(a) Sir, the Chaturvedi Committee has been appointed by the Prime Minister with the objective to resolve the procedural impediments to the National Highways development Project (NHDP) as well as the need to take a holistic look at the financing need and arrive at a financing plan that balances the needs of the road sector and other priority areas of Government. The road sector projects continue to remain exempted from the requirement of short-listing of bidders under clause 3.5.2 of the revised model RGQ issued by the Ministry of Finance on 18th May 2009.

(b) Other than the modifications in the RFQ, RFP and MCA recommended in the Committee’s report, the Government has also accepted the recommendation that the further amendments to RFQ/RFP provisions would be carried out by the Ministry of Road Transport & Highways (MoRTH), where recommendations of NHAI Board could be placed, where necessary. So far as MCA issues were concerned, the Government has approved the recommendation and set up an Inter-Ministerial Group (IMG) under the Chairmanship of Secretary, MoRTH with representatives of Department of Economic Affairs, Department of Expenditure, Planning Commission and Ministry of Law, as members. Where there is unanimity in the decision, the same would be put up to the Minister, Road Transport & Highways for approval. In other cases, the matter will be then placed before an Empowered Group of Ministers (EGoM) comprising of Finance Minister, Road Transport & Highways and Deputy Chairman, Planning Commission.

(c) The details of the other main recommendations made by the Committee and since approved by the Government are summarized in a statement enclosed as Annex-I and have already been conveyed to all concerned including the NHAI.

Annex – I

Subject: Statement indicating summarized details of the main recommendations of the Committee headed by Shri B K Chaturvedi given in his report on – “Revised strategy for implementation of the National Highways Development Project (NHDP) – Framework and Financing” as approved by the Government.

(i) Modifications to the existing MCA, RFQ, and RFP documents for the road sector, as per details given below:-

a. Termination Provisions in Road Concession Agreements (Para 5.1.1).
b. Exit Policy for (Developer) Concessionaire in MCA. (Para 5.1.2).
c. Issue of Security to Lenders in MCA (Para 5.1.3).
d. RFP Provisions – Forfeiture of bid security of bidders on account of non-responsiveness (Para 5.1.4).
e. Eligibility of applicants/conflict of interest as per RFQ provisions-common shareholding levels (Para 5.1.5).
f. Eligibility of applicants /conflict of interest as per RFQ provisions – Continuation of conflict of interest (Para 5.1.6).
g. Associate – definition in RFQ thereof (Para 5.1.7).
h. “Threshold technical capability” “Eligible projects” (TTC) in latest RFQ (Para 5.1.8).
i. Increase in Equity Grant (VGF) to 40% by merging 20% equity and 20% O&M Grant into Equity Grant (Para 5.1.9).
j. RFQ process – project wise pre-qualification be substituted with annual/periodic pre-qualification (Para 5.1.10).
k. Premium provisions under RFP /MCA (Para 5.1.11).

(ii) Issuance of the RFQ and RFP for the road sector projects after incorporating the recommendations made by the Committee in the Model RFQ and RFP documents issued by the Ministry of Finance, as referred to at clause 1
(i) above.

(iii) Further amendments to RFQ and RFP provisions, where necessary, will be carried out by the Ministry of Road Transport and Highways (MoRTH) on the basis of recommendations of the NHAI Board.

(iv) Setting up of an Inter-Ministerial Group (IMG) under the Chairmanship of Secretary, MORTH with representatives of DEA, Department of Expenditure, Planning Commission and Ministry of Law and Justice to consider issues relating to MCA. Where there is unanimity in the decision, the same will be then put up to the Minister, Road Transport & Highways for approval. Where there is no unanimity in the decision, the matter will be placed before the Empowered Group of Ministers (EGoM) comprising the Finance Minister, Minister of Road Transport & Highways and Deputy Chairman, Planning Commission. The EGoM will also consider and take decision on all issues where there is no unanimity in committees at the level of officers and which do not require approval of the Cabinet/CCI.

(v) Continuance of endeavour to award projects within the available overall budgetary ceilings, as per the detailed Work Plan for the current year (2009-10) for 12,652 Km presented by the NHAI to the Committee.

(vi) Recommendations made by the Committee as regards the ‘Modes of Delivery’ and the ‘Financing Plan’ approved with the proviso that the financing plan for 2010-11 onward would be considered by the Empowered Group of Ministers for further action, including such changes to the work plan as may become necessary.

(vii) Carrying out implementation of road projects on all the three modes of delivery viz. BOT (Toll), BOT (Annuity) and EPC (Item Rate Contract) concurrently rather than sequentially. Roads below a certain threshold in terms of traffic do not merit testing on BOT (Toll) as the process only leads to delays in implementation and award. Hence, a road not found prima facie suitable for BOT (Toll) can be implemented directly on BOT (Annuity) subject to the overall cap as envisaged in the Work Plan. The decision of shifting a project from BOT (Toll) to BOT (Annuity) would be taken by the IMG chaired by Secretary, MORTH and approved by Minister, Road Transport & Highways.

(viii) Before implementing a project on EPC basis, it will be compulsorily tested for BOT (Annuity) and only if unacceptable bids are received then only the project will be awarded on EPC basis. Normally, an Annuity bid working out to an Equity IRR of up to 18% will be acceptable as per these norms. However, in the event of bids exceeding the Equity IRR of 18 %, the same will be bid out on EPC. In case of difficult areas having law & order problems, security, inhospitable terrain etc, a bid working out to an Equity IRR of up to 21% will be acceptable considering the risk premium of 3 %, on case to case basis. PPPAC will be empowered to give approval for projects to be moved from Annuity to EPC where acceptable bids have not been received.

(ix) In case of projects under NHDP Phase IV, if the traffic is less than 5,000 PCUs, the project will directly be taken up on EPC. For the specific EPC km lengths recommended in the Work Plan, specific EPC packages will be presented before the existing EFC in the MORTH for approval.

(x) Based on the feasibility report, the projects would be tried first on BOT (Toll) and in case of non-viability/poor response, the same would be shifted to BOT (Annuity) failing which on EPC. For the projects where NHAI is not able to get bids, the process of preparation of detailed project report may be initiated immediately to save time in case such projects are required to be taken up on EPC.

(xi) Empowering the Board of NHAI to accept single bids after examining the reasonableness of the same.

(xii) Raising of overall VGF cap of 5% to 10% for the entire six-laning programme, and consideration of individual projects in low traffic GQ stretches with VGF up to 20% within an overall cap of 500 Km out of the 5080 Km of the Phase-V programme yet to be awarded.

(xiii) Funding of the NHDP Projects under SARDP-NE and in Jammu & Kashmir with Additional Budgetary Support (ABS) over and above the cess that the Government provides to NHAI on a yearly basis.

(xiv) ‘In Principle’ approval of the Government Support to the NHAI for :–
a. Issuance of Tax exempted bonds
b. Guarantee cover to the Borrowing Plan of NHAI.
c. Out of the borrowing approval of Rs.30,000 crores earlier provided to Indian Infrastructure Finance Company Limited (IIFCL), Rs.10,000 crores under the fiscal stimulus package will be transferred to NHAI, as per the its borrowing requirement.
d. Assistance in negotiating non-sovereign multilateral loans from World Bank, ADB, JBIC etc. by providing back to back support, if necessary.
e. Providing a Letter of Comfort from Ministry of Finance confirming the availablity of Cess at least till 2030-31.