DETAILS OF PROPOSALS AND ISSUES PENDING WITH GOVERNMENT OF INDIA DPAR (AR)

Transcription

1 DETAILS OF PROPOSALS AND ISSUES PENDING WITH GOVERNMENT OF INDIA DPAR (AR)

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3 3 INDEX Sl. No. Departments Page No. 1 Parliamentary Affairs And Legislation Water Resources Department 22 3 Public Works Department Energy Department Transport Department Youth Services Department 68 7 Department of Horticulture And Sericulture Kannada & Culture, Information And Tourism Commerce And Industries Department Rural Development and Panchayath Raj Forest, Ecology and Environment Agriculture Department Backward Class Welfare department Food and Civil Supplies Department 92-95

4 4 1. PARLIAMENTARY AFFAIRS AND LEGISLATION PENDING PROPOSAL WITH GOVERNMENT OF INDIA Subject: (1) The Electricity (Karnataka Amendment) Bill, 2013 Category Assent of the President to the Bill Proposal Classification A Proposal Code DPAL Date Number Ministry DPAL 65 Shasana 2012 Ministry of Home Affairs Letter No.17/07/2013-Judl and PP Ministry of Home Affairs DPAL 65 Shasana 2012 Ministry of Home Affairs DPAL 65 Shasana 2012 Ministry of Home Affairs DPAL 65 Shasana 2012 Ministry of Home Affairs DPAL 65 Shasana 2012 Ministry of Home Affairs DPAL 65 Shasana 2012 Ministry of Home Affairs DPAL 65 Shasana 2012 Ministry of Home Affairs It is considered necessary to amend the Electricity Act, 2003 in its application to the State of Karnataka to provide for rule making power to State Government regarding,- (i) (ii) (iii) (iv) (v) safety measures for electricity supply; qualifications, powers and functions of the Chief Electrical Inspector and electrical Inspectors; terms and conditions and manner of issue of licence to electrical contractors, permit to Supervisors and Wireman; levy of fee for inspection and other services rendered by electrical inspectorate; certain consequential matters. The Electricity (Karnataka Amendment) Bill, 2013 was introduced in the Karnataka Legislative Assembly on The said Bill was passed

5 5 in the Legislative Assembly on and in the Karnataka Legislative Council on The subject matter of the Bill falls under entry 38 of List III of the Seventh Schedule to the Constitution of India. The clauses 2,3 and 4 of the Electricity (Karnataka Amendment) Bill, 2013 are repaguant to Section 53, 162 and 180 of the Electricity Act, 2003(Central Act 36 of 2003). Therefore, the Bill has been reserved for the assent of His Excellency the President as required under clause (2) of Article 254 of the Constitution of India. The Government of India was requested to obtain the assent of His Excellency the President of India vide letter dated: The Government of India vide its letter dated: had requested the State Government to send a copy of the Electricity Act, Accordingly, the same was provided vide letter dated: Subject (2) : The Karnataka State Universities (Second Amendment) Bill, 2013 Category Assent of the President to the Bill Proposal Classification A Proposal Code DPAL Date Number Ministry DPAL 09 Shasana 2013 Ministry of Home Affairs DPAL 09 Shasana 2013 Ministry of Home Affairs It is considered necessary to amend the Karnataka State Universities Act, The subject matter of the Bill falls under entry 25 of list 3 and entry 32 of list II of seventh schedule to the Constitution of India and accordingly the State Legislature is competent to enact the measure. The Karnataka State Universities (Second Amendment) Bill, 2013 has been passed by the both the Houses of State Legislature was submitted to His Excellency, the Governor of Karnataka under Article 200 of the Constitution of India for orders.

6 6 His Excellency, the Governor of Karnataka had reserved the Bill for consideration of the President of India with the following noting, namely:- "Amendment is proposed to sub-section (1) of Section 8 to empower Pro-Chancellor to order for inspection by a Commission of Enquiry. Subsection (3) is proposed to be substituted and consequential amendments are also proposed for sub sections (4) and (7) thereof. This amendment is totally unnecessary, as in the present dispensation also State Government may recommend for such an enquiry. All these amendment dilute the position of the Chancellor in the scheme of the Act, which is not desirable. Section 9 is also proposed to be amendment to confer power on the Pro-Chancellor to issue direction. This amendment is unnecessary as this section already provides for Chancellor to issue direction ether suo-motu or on the recommendation of the State Government. Section 13 is proposed to be amended to provide for conferring on the Pro-Chancellor additional powers under the Act. Sub-section (3A) is proposed to be inserted in Section 14 to provide for inviting application from candidates seeking appointment as Vice Chancellor. Sub-sections (7) and (8) of Section 14 relate to removal of Vice Chancellor on the ground of willful omission or refusal to carryout provisions of the Act and abuse of powers. Now it is proposed to amend these sub-sections to empower the Pro-Chancellor to exercise powers along with Chancellor. Chancellor is the appointing authority of the Vice Chancellor. The power being a drastic in nature it has to be exercised in exceptional and deserving cases. As the Pro-Chancellor is not the appointing authority, he cannot be given the power of removal. Vesting Pro- Chancellor with these powers will give scope for exercise of power of removal on political grounds. Section 16 provides for arrangement of work during vacancy in the office of the Vice-Chancellor. Now it is proposed to amend this Section to vest this power in Pro-Chancellor along with the Chancellor. As the Chancellor is the appointing authority of the Vice-Chancellor, the power to make arrangement of work during vacancy in office of the Vice Chancellor should vest solely with the Chancellor. Moreover he has primacy in the matter of appointment of Vice-Chancellor. Amendments proposed to Sections 13, 14 and 16 to provide for exercise of similar power by the Pro-Chancellor is opposed to the very scheme and policy of the Act. This will certainly undermine the primacy of the Chancellor in the overall administration of the University.

7 7 Amendment is proposed to Section 20 to authorize Pro-Chancellor to make arrangement during temporary vacancy in the office of the Registrar, Registrar (Evaluation) and Finance Officer. The Chancellor being the key authority he is the right person to make arrangement in the case of temporary vacancy in the office of the Registrar, Registrar (Evaluation) and Finance Officer. Conferring these powers on the Pro-Chancellor will lead to interference in the internal administration of the University. Amendment is proposed to Section 28 to provide for representation of members of Legislative Assembly and one Member of the Legislative Council in the Syndicate. Such a provision was there is repealed 1976 Act but this has been deliberately omitted in the present Act for some valid reason. Therefore this may be considered. Section 58 provides for transfer of employees of the University from one University to another by the Chancellor in consultation with the State Government. Amendment is proposed to confer this power on the State Government and to constitute a Board for the purpose of transfer. Till now this power could be exercised sparingly by the Chancellor on the administrative reasons. Now it may be exercised even for the reasons specified in the proposed Section 58A viz pooling of subject. This amendment will open Pandora box and give scope for indiscriminate transfer of both teaching and non-teaching staff without reference to necessity, resulting in total chaos in the administration of the University. Even creation of the Board cannot minimize the ill of transfer. The menace of transfer of Government servants has been adversely affecting administration. If the proposed amendment is carried out the ills of transfer of Government servants will spread to Universities also. It is proposed to insert a new section 58A to provide for pooling of subjects if the number of students in a subject of department of PG course in a University is less than 10 in two consecutive years. Universities are established to provide for higher education to the needy persons in distant rural and backward areas. Implementing this provision would deprive them of the opportunity. A mere glance at the amendments proposed would make it abundantly clear that the State Government is trying to increase its strangle hold on Universities which will result in academics giving way to politics. The amendments are inconsistent with the regulations and guidelines issued under the University Grants Commission."

8 8 In the above circumstances, the Karnataka State Universities (Second Amendment) Bill, 2013 was reserved for consideration of the President of India by His Excellency the Governor of Karnataka in exercise of his powers conferred under Article 200 of the Constitution of India. Accordingly the Government of India was requested to obtain the assent of His Excellency the President of India vide letter dated: Subject (3) : Youth parliament competition for the year Category Request for financial assistance Proposal Classification A Proposal Code DPAL Date Number DPAL 12 SAMVYAVI DPAL 12 YUSUMPA DPAL 12 YUSUMPA DPAL 12 YUSUMPA DPAL 12 YUSUMPA DPAL 12 YUSUMPA 2013 Ministry Under Secretary to Govt. of India, No.90, Parliament house, Ministry of Parliamentary Affairs, New Delhi Under Secretary to Govt. of India, Ministry of Home Affairs, Ministry of Parliamentary Affairs, No.98, Parliament house, New Delhi Under Secretary to Govt. of India, Ministry of Home Affairs, Ministry of Parliamentary Affairs, No.98, Parliament house, New Delhi Under Secretary to Govt. of India, Ministry of Home Affairs, Ministry of Parliamentary Affairs, No.98, Parliament house, New Delhi Under Secretary to Govt. of India, Ministry of Home Affairs, Ministry of Parliamentary Affairs, No.98, Parliament house, New Delhi Under Secretary to Govt. of India, Ministry of Home Affairs, Ministry of Parliamentary Affairs, No.98, Parliament house, New Delhi

9 9 Date Number Ministry DPAL 12 YUSUMPA DPAL 12 YUSUMPA 2013 Under Secretary to Govt. of India, Ministry of Home Affairs, Ministry of Parliamentary Affairs, No.98, Parliament house, New Delhi Under Secretary to Govt. of India, Ministry of Home Affairs, Ministry of Parliamentary Affairs, No.98, Parliament house, New Delhi The Report of the Youth parliament competition for the year was sent to Government of India vide letter dated The Government of India has been requested to reimburse the amount of Rs. Five lakhs incurred towards the said competition. Subject Category (4) : Karnataka Vydyakeeya Korsgalannu Purnagolisida Abhyarthigala Kaddaya Seva Tarabeti Vidheyaka, 2012 Assent of the President to the Bill Proposal Classification A Proposal Code DPAL Date Number Ministry DPAL 57 Shasana 2012 Ministry of Home Affairs DPAL 57 Shasana 2012 Ministry of Home Affairs DPAL 57 Shasana 2012 Ministry of Home Affairs DPAL 57 Shasana 2012 Ministry of Home Affairs DPAL 57 Shasana 2012 Ministry of Home Affairs No.17/41/2012-Judl & PP Ministry of Home Affairs DPAL 57 Shasana 2012 Health and Family Welfare Department(Medical Education) DPAL 57 Shasana 2012 Ministry of Home Affairs DPAL 57 Shasana 2012 Ministry of Home Affairs DPAL 57 Shasana 2012 Ministry of Home Affairs

10 10 It is considered necessary to provide for the compulsory rural service to the candidates completed Medical Courses and before award of degrees or Post Graduate Degrees or Diplomas so as to ensure availability of Junior Resident Trainee and Senior Resident Trainee in Government Primary Health Centres and Government Hospitals. Accordingly, Karnataka Vydyakeeya Korsgalannu Purnagolisida Abhyarthigala Kaddaya Seva Tarabeti Vidheyaka, 2012 was introduced in Kannada in the Karnataka Legislative Assembly on The said Bill was passed by the Legislative Assembly on and by the Legislative Council on The subject matter of the Bill falls under entry 25 and 26 of List III of the Seventh Schedule to the Constitution of India. Sub-clause (4) of Clause 3 of the said Bill is repugnant to Section 15 and 25 of the Indian Medical Council Act, 1956 (Central Act 102 of 1956) and sub-clause (2) of clause 3, sub-clause (2) of clause 4 and sub-clause (2) of clause 5 of the said Bill are repugnant to Section 22 and clause (f) of subsection (1) of Section 26 of the University Grants Commission Act, 1956 (Central Act 3 of 1956). Therefore, His Excellency, the Governor of Karnataka was pleased to reserve the said Bill for the consideration of His Excellency the President under Article 200 of the Constitution of India as required by clause (2) of Article 254. The Government of India was requested to obtain the assent of His Excellency the President of India vide letter dated: The Government of India vide its letter dated: requested the State Government with regard to the observations of the Ministry of Human Resources Development (Department of Higher Education) in respect of the Bill. The Ministry of Human Resources Development (Department of Higher Education) has observed that Clause 2(g) of the Bill has to be amended to adopt the definition of a "University" as given in the UGC Act, 1956 and Clause 3(2) of the Bill has to be amended to define "degree" as consistent with UGC Act and regulation. Accordingly the Health and Family Welfare Department (Medical Education) in Government of Karnataka was requested to furnish the clarifications in respect of the observation made by Government of India vide letter dated:

11 11 Clarification of the State Government had been furnished vide letter dated: Subject (5): The Karnataka Land Grabbing (Prohibition) Bill, 2011 Category Assent of the President to the Bill Proposal Classification A Proposal Code DPAL Date Number Ministry DPAL 22 Shasana 2007 Ministry of Home Affairs DPAL 22 Shasana 2007 Ministry of Home Affairs Letter No. 17/20/2007- Judl. & PP Ministry of Home Affairs DPAL 22 Shasana 2007 Ministry of Home Affairs DPAL 22 Shasana 2007 Ministry of Home Affairs DPAL 22 Shasana 2007 Ministry of Home Affairs DPAL 22 Shasana 2007 Ministry of Home Affairs DPAL 22 Shasana 2007 Ministry of Home Affairs Letter No. 17/20/2007- Judl. & PP Ministry of Home Affairs DPAL 22 Shasana 2007 Revenue Department DPAL 22 Shasana 2007 Revenue Department DPAL 22 Shasana 2007 Revenue Department DPAL 22 Shasana 2007 Revenue Department DPAL 22 Shasana 2007 Revenue Department Letter No. 17/20/2007- Judl. & PP Ministry of Home Affairs DPAL 22 Shasana 2007 Revenue Department DPAL 22 Shasana 2007 Revenue Department DPAL 22 Shasana 2007 Revenue Department DPAL 22 Shasana 2007 Revenue Department DPAL 22 Shasana 2007 Ministry of Home Affairs

12 12 Gist of proposal: The Karnataka Bhu Kabalike (Nishedha) Vidheyaka, 2007 as passed by both the houses the State Legislature was reserved by His Excellency the Governor under Article 200 of the Constitution of India for the consideration of the President. The Government of India in its letter No.17/20/2007- Judl and PP dated 16/ , had suggested modification to the Karnataka Bhu kabalike (Nisheda) Vidyeyaka 2007 (The Karnataka Land Grabbing (Prohibition) Bill, 2007). Accordingly clause 6 of the Bill was modified by incorporating Explanation for the word Company and Director. The Government of India vide letter No. 17/20/2007 Judl & PP dated: , had suggested modifications to sub-clause (2) of clause 2 of the Bill to include Wakfs, Hindu Religious Institutions and Charitable Endowments. Accordingly, the State Government vide its letter No. DPAL 22 SHASHANA 2007, dated Communicated its acceptance to make the said modification by amending the Bill, by extending the provisions to the lands belonging to the Wakfs, Hindu Religious Institutions and Charitable Endowments and requested the Government of India to obtain the assent of the President to the said Bill and also to obtain previous instructions to the modifications to be issued in the form of an Ordinance. The Government of India vide its letter No. 17/20/2007 Judl & PP dated: /2011 had directed the State Government to consider withdrawing the present Bill (LA Bill No.27 of 2007) and submit a modified Bill instead of concurrent promulgation of any amendment Ordinance. The State Cabinet in its meeting held on 8 th September 2011, had decided to withdraw the Karnataka Bhu Kabalike (Nishedha) Vidheyaka, 2007 and approved the Bhu Kabalike (Nishedha) Adhyadesha, 2011 and decided to request the President of India to accord previous instructions to the Proposed Ordinance. The said ordinance was sent to Ministry of Home Affairs vide even letter dated with a request to obtain previous instructions of the President to Promulgate the Ordinance. Both houses of the State Legislature were summoned on Therefore it was decided to introduce the said Ordinance as a Bill in the Legislature. Accordingly, the Karnataka Land Grabbing (Prohibition) Bill, 2011 was introduced in Kannada Language in the Karnataka Legislative Assembly on The said Bill was passed in the Legislative Assembly on and in the Legislative Council on

13 13 The subject matter of the Bill falls under entry 18 and 64 of List II of the Seventh Schedule to the Constitution of India. Clauses 7, 9 and 10 of the said Bill are repugnant to the provisions of section 17 of the Code of Civil Procedure, 1908 and section 6 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) which are central legislations. Therefore, His Excellency, the Governor of Karnataka reserved the said Bill for the consideration of the President under Article 200 of the Constitution of India as required by clause (2) of Article 254. The Government of India was requested to obtain the assent of His Excellency the President of India vide letter dated: The Government of India vide its letter dtd: has forwarded a copy of the comments of the Ministry of Law and Justice (Department of Justice) wherein it was observed to explore if CBI Special Court could be given additional work of handling cases of land grabbing also and had requested the State Government to send its views with regard to the said comments within 15 days. Accordingly the Revenue Department has been requested to furnish its views in respect of the observations made by the Ministry of Law and Justice vide letter dated The Government of India vide its letter dt: sent a reminder to its earlier letter dt: and the copy of the same was forwarded to the Revenue Department with a request to furnish its views in respect of the same. The main file had been sent to the Law Department for opinion with regard to the establishment of Special Court. Clarification with regard to the establishment of Special Court. had been issued to Government of India vide letter dated: Subject (6) : The Factories (Karnataka Amendment) Bill, 2011 Category Assent of the President to the Bill Proposal Classification A Proposal Code DPAL Date Number Ministry DPAL 09 Shasana 2011 Ministry of Home Affairs DPAL 09 Shasana 2011 Ministry of Home Affairs /17/2011, Judl. & P.P. Ministry of Home Affairs DPAL 09 Shasana 2011 Labour Department

14 14 Date Number Ministry DPAL 09 Shasana 2011 Labour Department DPAL 09 Shasana 2011 Labour Department DPAL 09 Shasana 2011 Labour Department DPAL 09 Shasana 2011 Ministry of HomeAffairs DPAL 09 Shasana 2011 Ministry of HomeAffairs DPAL 09 Shasana 2011 Ministry of HomeAffairs Letter No.17/17/2011-Judl & PP Ministry of Home Affairs DPAL 09 Shasana 2011 Labour Department Letter No.17/17/2011-Judl & PP Ministry of Home Affairs DPAL 09 Shasana 2011 Labour Department DPAL 09 Shasana 2011 Labour Department DPAL 09 Shasana 2011 Labour Department Letter No.17/17/2011-Judl & PP Ministry of Home Affairs DPAL 09 Shasana 2011 Labour Department DPAL 09 Shasana 2011 Labour Department Letter No.17/17/2011-Judl & PP Ministry of Home Affairs DPAL 09 Shasana 2011 Labour Department Letter No.17/17/2011-Judl & PP Ministry of Home Affairs DPAL 09 Shasana 2011 Ministry of Home Affairs DPAL 09 Shasana 2011 Ministry of Home Affairs It is considered necessary to amend the Factories Act, 1948 (Central Act LXIII of 1948), in its application to the State of Karnataka for the following purpose namely:- (1) (a) to increase the working of the day from nine hours in a day to ten hours in a day by amending section 54 of the Act; and (b) to allow spread over of the existing ten and half hours in a Day to eleven and half hours in a day by amending section 56 of the Act.

15 15 Subject to the maximum working hours of forty-eight hours in a week, prescribed under section 51 of the Act. (2) the total number of hours of work in a week including over time has been increased from the present sixty hours to seventy hours by amending clause (iii) of sub-section (3) of section 65 of the Act. (3) the total number of over time work, in any quarter, has been increased from the present seventy five hours to one hundred and twenty hours and also to empower the Director to further enhance the over time work upto one hundred and fifty hours with the approval of the State Government and to provide for other amendments. Accordingly, the Factories (Karnataka Amendment) Bill, 2011 was introduced in the Karnataka Legislative Assembly on and the same was passed in the Legislative Assembly on and in the Legislative Council on The subject matter of the Bill falls under entry 24 and 36 of List III of the Seventh Schedule to the Constitution of India. The provisions of the said Bill are repugnant to the provisions of the Factories Act 1948(Central Act No. LXIII of 1948) which is central legislation. Therefore, the Bill has to be reserved for the assent of His Excellency the President. The Ministry of Home Affairs vide letter No.17/17/2011 Judl & PP dated 11/07/2011 has requested to send the comments / clarifications of the state Government with regard to the Factories (Karnataka Amendment) Bill, 2011 which was forwarded to Labor Department to send the replier directly to the Ministry of Home Affairs Government of India vide D.O. Letter No.DPAL 9 Shasana 2011, Dated: 25/7/2011. The labour department had furnished clarifications regarding points raised by the Judicial Cell of the ministry of Home affairs vide their letter No.LD 284 LET 29011, Bangalore, Dated The Government of India was requested to obtain and communicate the assent of the President of India vide letter of even No. Dated The Ministry of Home Affairs vide its letter dated , had forwarded the O.M.No.Z-16025/62/2011-ISH-II dated: of the Ministry of Labour and Employment and has requested that the State Government may please intimate whether they intend to amend the Bill in

16 16 conformity with provisions of the Principal Act. i. e. Factories Act 1948 (Central Act LXIII of 1948) and existing policy on Occupational Safety and Health (OSH). The Labour department in the Government of Karnataka has been requested vide letter dated: to furnish the clarifications sought by Government of India. The letter received from the Ministry of Home Affairs, Government of India, dated: was enclosed and sent to the Labour department in Government of Karnataka vide letter dated: to take a decision in this regard. The Government of India vide its letter dated: has requested the State Government again, to furnish its clarifications. Vide meeting notice dated: , , and the Labour department in Government of Karnataka was invited for discussion regarding the clarifications to be submitted by the State Government to Government of India. The Government of India had sent a reminder vide letter dtd: and to its earlier letter dtd: The said letter dtd: has been forwarded to the Labour Department in Government of Karnataka vide U.N.dtd: , with a request to send the required clarifications directly to Government of India and to send a copy of the same to this Department. Clarification had been issued vide letter dated: Subject: (7) Karnataka Jalasarige Mandali Vidheyaka, 2011 Category Assent of the President to the Bill Proposal Classification A Proposal Code DPAL Date Number Ministry DPAL 5 Shasana 2008 Ministry of Home Affairs DPAL 5 Shasana 2008 Ministry of Home Affairs DPAL 5 Shasana 2008 Ministry of Home Affairs Letter No. 17/08/2012-Judl&PP Ministry of Home Affairs

17 17 Date Number Ministry DPAL 5 Shasana 2008 Public works, Ports & Inland water transport department DPAL 5 Shasana 2008 Public works, Ports & Inland water transport department DPAL 5 Shasana 2008 Ministry of Home Affairs DPAL 5 Shasana 2008 Ministry of Home Affairs DPAL 5 Shasana 2008 Ministry of Home Affairs DPAL 5 Shasana 2008 Ministry of Home Affairs DPAL 5 Shasana 2008 Ministry of Home Affairs DPAL 5 Shasana 2008 Ministry of Home Affairs DPAL 5 Shasana 2008 Public works, Ports & Inland water transport department DPAL 5 Shasana 2008 Public works, Ports & Inland water transport department DPAL 5 Shasana 2008 Ministry of Home Affairs Karnataka has a coastal line of about 300 kms, which is dotted with 10 non-major ports, besides the major port at New Mangalore. These nonmajor ports, which include Karwar, Malpe harbour, Tadri, Old Mangalore, etc., are currently managed by the Public Works Department through the Director of Ports and Inland Water Transport. The revenue receipts from these ports are credited into the Consolidated Fund of the State, while the development and maintenance expenditure are met out of the budgetary grants. In the circumstances, there is no relationship between the receipts

18 18 and expenditure of the Ports & IWT sector. Further, the Directorate of Ports & IWT is not able to raise finance from the market directly for undertaking development activities. Some of the major maritime States, notably Gujarat, Maharashtra and Tamil Nadu, have already set up Maritime Boards and have seen tremendous growth in development of the infrastructure for ports and allied activities. Keeping such experience in view, the Maritime States Development Council has been advising all the maritime States to constitute Maritime Boards. Karnataka also has several inland waterways on both, west flowing as well as east flowing rivers, that offer the potential for development of an environment friendly mode transportation of goods and passengers, particularly for several interior locations. The Maritime Board would be in a position to develop and maintain the inland waterways too. Further, the Board would be in an advantageous position to prepare and implement schemes for coastal protection, which has become an important issue for the growth and development of the coastal regions of the State. The Bill among other things provides for,- (i) constitution and functioning of the Maritime Board for Karnataka. The Board shall be in a position to find ways and means to undertake various developmental projects and maintenance activities in relation to ports, harbours, inland waterways and coastal protection and thus help in the growth and development of the coastal region and its hinterland; (ii) developing all Karnataka ports on public private partnership Basis; (iii) development and maintenance of fishing harbours by the Board with suitable budgetary grants and subventions from the Government. However, the operations and management of the fishing harbours shall continue to be done by the Fisheries Department and not by the Maritime Board. Accordingly, Karnataka Jalasarige Mandali Vidheyaka, 2011 was introduced in the Karnataka Legislative Assembly on and the same was passed in the Legislative Assembly on and in the Legislative Council on

19 19 The subject matter of the Bill falls under entry 31 of List III of the Seventh Schedule to the Constitution of India. Item (i) of sub-clause (3) of clause 36 is repugnant to the provisions of the Arbitration and conciliation Act, Clause 56 is repugnant to section 45 of the Indian Contract Act, Clause 58 is repugnant to section 15 of the Indian Negotiable Instruments Act, Clause 62 is repugnant to the provisions of the Indian Limitation Act, Therefore, His Excellency, the Governor of Karnataka was pleased to reserve the said Bill for the consideration of Her Excellency the President under Article 200 of the Constitution of India as required by clause (2) of Article 254. The Government of India was requested to obtain the assent of Her Excellency the President of India vide letter dated: The Ministry of Home Affairs vide its letter dated : had forwarded the O.M. No. PD-26016/1/2012-MP, dtd: of Ministry of Shipping (Ports Wing), O.M. No. F.No.14(9)/2012-Leg-III, dtd: of Ministry of Law and Justice Legislative Department, O.M. No. 1/10/2012- Coastal Security, dtd: of Ministry of Home Affairs Department of Border Management, O.M. No. F.No.T-11021/4/2012-TC, dtd: of Ministry of Finance Department of Revenue (T.C. Section), O.M. No. F.No. 13/1/2012-AC, dtd: of Ministry of Finance Department of Financial Services (AC Section), O.M. No. F.No.13/1/2012-AC, dtd: of Ministry of Finance Department of Financial Services (AC Section) and has sought the comments / clarifications of the State Government to process the said Bill further. The said letter along with its enclosures were sent to the Department of Public works, Ports and Inland water transport with a request to furnish the comments / clarifications immediately so that a reply to the Ministry of Home Affairs, Government of India may be sent early. The required comments/clarifications have been furnished to Government of India vide letter dated: with a request obtain and communicate the assent of His Excellency the President of India to the Bill at the earliest. The Government of India vide Letter No.17/08/2012-Judl & PP, dated: has sought the comments/clarifications of the State Government and suggested certain amendment to the Bill to process the said Bill further. The Public Works Department has sent the comments/clarifications vide D.O.Letter No. PWD 46 PSP 2012, dated: and the same

20 20 was forwarded to Government of India with a request obtain and communicate the assent of His Excellency the President of India to the Bill at the earliest. Upon the observations made by the Ministry of Home Affairs vide letter No.17/08/2012 Judl&PP dated the State Government accepted modified the Karnataka Maritime Board Bill, 2011 sent to Ministry of Home Affairs on **** PART II: PENDING PROPOSALS FOR WHICH CLARIFICATIONS HAVE TO BE FURNISHED BY THE STATE GOVERNMENT Subject (1) : Karnataka Rajya Naveenatmaka Viswavidyalayagala Vidheyaka, Category Assent of the President to the Bill Proposal Classification A Proposal Code DPAL Date Number Ministry DPAL 38 Shasana 2010 Ministry of Home Affairs DPAL 38 Shasana 2010 Ministry of Home Affairs DPAL 38 Shasana 2010 Ministry of Home Affairs DPAL 38 Shasana 2010 Ministry of Home Affairs DPAL 38 Shasana 2010 Ministry of Home Affairs DPAL 38 Shasana 2010 Ministry of Home Affairs DPAL 38 Shasana 2010 Ministry of Home Affairs DPAL 38 Shasana 2010 Ministry of Home Affairs DPAL 38 Shasana 2010 Ministry of Home Affairs DPAL 38 Shasana 2010 Ministry of Home Affairs DPAL 38 Shasana 2010 Ministry of Home Affairs DPAL 38 Shasana 2010 Ministry of Home Affairs DPAL 38 Shasana 2010 Education Department DPAL 38 Shasana 2010 Education Department

21 21 It is considered necessary to enact a legislation for establishment of Innovative Universities to provide for,- (1) establishment of the Karnataka University, Dharwad and the University of Mysore, as Innovative Universities in the state; (2) development of higher education in the State in the current competitive environment; (3) control of the declining standard of academic research; (4) ensuring necessary autonomy to these Universities in the academic sphere through decentralization and separation of the academic and administrative functions; (5) greater flexibility in the academic and research architecture of the Universities through facilitation of an inter disciplinary and multi disciplinary approach; and (6) certain other matters connected therewith or incidental thereto. Accordingly, Karnataka Rajya Naveenatmaka Viswavidyalayagala Vidheyaka, 2011 was introduced in the Karnataka Legislative Assembly on and the same was passed in the Legislative Assembly on and in the Legislative Council on The subject matter of the Bill falls under entry 25 of List III of the Seventh Schedule to the Constitution of India. The Bill as passed by both the Houses was submitted to His Excellency the Governor of Karnataka, for his assent, under article 200 of the Constitution of India. His Excellency was pleased to reserve the said Bill for the consideration of His Excellency the President by observing to the following effect. Entry 25 of List-III is subject to the provisions of entries 63, 64, 65 and 66 of list I. The University Grants Commission Act, 1956 enacted by the centre falls under item 66 of List I. The University Grants Commission, in exercise of the powers conferred by section 26 of the University Grants Commission Act, 1956, notifies regulations from time to time with a view to maintain standards in the Higher Education and these regulations are binding on the State Government. Clause 7.3 of the UGC regulations on Minimum Qualifications for appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the maintenance of standards in Higher Education, 2010 dated stipulate the method of selection and

22 22 appointment of Vice Chancellor for State and Central Universities. Whereas section 15 of the Bill passed by the Legislature stipulates mechanism for selection and appointment of Vice Chancellor contrary to the UGC regulations. Therefore, His Excellency, the Governor of Karnataka was pleased to reserve the said Bill for the consideration of His Excellency the President under Article 200 of the Constitution of India as required by clause (2) of Article 254. The Government of India vide its letter no.17/37/2011-judl&pp dated: 7 th June 2013 advised the State Government to withdraw the said Bill. Alongwith, Government of India letter and the main file had been sent to Education Department to get the approval of the cabinet to withdraw the said bill vide letter dtd: Subject (2) : The Indian Penal Code and the Code of Criminal Procedure(Karnataka Amendment) Bill, 2009 Category Assent of the President to the Bill Proposal Classification A Proposal Code DPAL Date Number Ministry DPAL 18 Shasana 2008 Ministry of Home Affairs /35/2009-Judl & PP Ministry of Home Affairs DPAL 18 Shasana 2008 Home Dapartment DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs HD 196 PCR 2009 Home Department DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs HD 196 PCR 2009 (Communicated by Home Department) Home Department DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs

23 23 Date Number Ministry DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs DPAL 18 Shasana 2008 Ministry of Home Affairs No.17/35/2009-Judl&PP Ministry of Home Affairs DPAL 18 Shasana 2008 Home Department DPAL 18 Shasana 2008 Home Department The Hon ble Apex Court in Civil Appeal No.4064 of 2004 Sri S.D.Bandi Vs Divisional Traffic Officer, KSRTC and others has given the following directions, namely:- 11. Keeping in mind the mushroom growth of unauthorized occupation of government premises in almost all parts of the country, in flagrant violation of all the rules prevalent in a civilized society, which is detrimental to the interest of large number of government servants who have been waiting for years together for allotment of government premises, we feel that a time has come that governments of all the other States and Union Territories should bestow their thoughts and consider desirability of taking steps for amendment of section 441 I.P.C. by Legislatures of the respective States on the lines of the amendments made in States of Uttar Pradesh or Orissa. They should also consider desirability of amending First Schedule of the Code for making the offence under section 441 I.P.C. to be non-bailable so far as it relates to continuance of government servants in government premises even after the service of notices upon them to vacate the

24 24 same. We direct the Chief Secretaries of all other States and Union Territories to respond in this regard before the next date fixed. In compliance of the above directions it is considered necessary to substitute section 441 of the Indian Penal Code and entries relating to section 447 in the First Schedule of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) in its application to the State of Karnataka. Accordingly, the Indian Penal Code and the Code of Criminal Procedure (Karnataka Amendment) Bill, 2009 was introduced in English in the Karnataka Legislative Assembly on The said Bill was passed in the Legislative Assembly on and in the Legislative Council on The subject matter of the Bill falls under entry 1 list III of the Seventh Schedule to the Constitution of India. Clause 2 of the said Bill is repugnant to the provisions of the Indian Penal Code (Central Act 45 of 1860) and clause 3 is repugnant to the Cr.P.C (Act 2 of 1974) which are central legislations. Therefore, the Bill has been reserved for the assent of the President. The Government of India in the letter dated has stated that the Judicial Cell of the Ministry of Home Affairs has no objection for the amendment proposed to section 441 of the Indian Penal Code, however as regards the amendment proposed to the first Schedule of the Code of Criminal Procedure, 1973 making the offence under section 447 nonbailable, the judicial cell has not agreed as it appears to be harsher. The Home department has been requested to furnish clarifications in this regard vide letter dated , , The Home department had furnished clarifications regarding points raised by the Judicial Cell of the Ministry of Home Affairs vide their letter No. HD 196 PCR 2009 dated In letter dated and subsequent letters the Government of India has been requested to obtain and communicate the assent of the president to the Bill at the earliest. The Government of India in its Letter No.17/35/2009-Judl&PP dated: has requested to provide a certified copy of order of Hon'ble Apex Court in Civil Appeal No.4064/2004. The Home Department had been requested to furnish the certified copy of order of Hon'ble Apex Court in Civil Appeal No.4064/2004 vide letter dated: and

25 25 2. WATER RESOURCES DEPARTMENT STATUS OF PROJECTS COSTING MORE THAN RS CRORES PENDING WITH GOVERNMENT OF INDIA. (Rs. in Crores) Sl. No. Name of Project Estimated Cost Status 1 Upper Bhadra project Stage I DPR submitted to CWC, GOI, New Delhi. Hydrology portion cleared. Observations in respect of Inter-State angle is being attended. 2 Upper Tunga project DPR submitted to CWC, GOI, New Delhi. Comments of Forest Department is being attended. 3 Modernisation of NLBC DPR submitted to Central Water Commission New Delhi. Comments on Hydrology Directorate and cost directorate is being attended.

26 26 3. PUBLIC WORKS DEPARTMENT

27 27

28 28

29 29

30 30

31 31

32 32

33 33 4. ENERGY DEPARTMENT PROPOSAL (1): Subject: Yermarus (2 X 800 MW) TPP & Edlapur (1 X 800 MW) TPP (Joint venture between KPCL and BHEL) and Bellary TPS, Unit 3 (1 x 700 MW) Category: 1) Long Term Coal Linkage 2) MoEF clearance for Edlapur TPP Sl. No. Date of Number Ministry 1) KPCL letter No. A1M1B3 / 29 dated for Yermarus & Edlapur TPPs Ministry of Coal & Ministry of Power CEA 2) KPCL letter No.A1M1B3 / 1052 dated Addressed to Chief Engineer (TPI) CEA 3) BTPS Unit-III Ministry of Coal and Ministry of Power- CEA 4) KPCL letter No. A1M1B3 / 1199 dated ) KPCL letter No. A1M1B3/ 1250 dated CEA Ministry of Environment and Forests. 6) KPCL letter No. A1M1B3 / BTPS Unit-3 / 80 (application for revised capacity BTPS Unit III ( 1 X 700 MW) Ministry of Coal, Ministry of Power-CEA 7) 29/ a) A1M1B3/ 479 for Yermarus TPP b) A1M1B3/ 477 for Edlapur TPP c) A1M1B3/ 478 for Bellary U-III CEA- Furnishing details for Pre qualification & fixing Inter-se priority for allotment of Long term Coal Linkage. 8) KPCL letter No. A1M1B3 / Edlapur TPP / 618 dated Ministry of Environment and Forests.

34 34 Sl. No. Date of Number Ministry 9) CM : 770:GoI:2010 dated ) DO letter No. EN 77 PPC 2010 (P) dated ) D.O. No. EN 77 PPC 2010 / C dated ) D.O. No. EN 77 PPC 2010 /A dated ) Letter No. A1M1B3 / 1147 dated ) DO Letter No /16/2008-CA-1 dtd ) D O letter No. C M 197 GOI 2011 from Hon ble Chief Minister of Karnataka, dated ) D O Letter No. C M 353 GOI 2011 dated from Hon ble Chief Minister, GoK requesting early clearances and allocation of coal for KPCL projects. From Hon ble Chief Minister, GoK to Hon ble Minister of State for coal and Statistics and program Implementation, GoI From Chief Secretary, GoK to Sri. Umashankar, Secretary (Power), GoI From Hon ble Minister for Energy, GoK to Hon ble Minister of State for coal and Statistics and Program Implementation, GoI. From Hon ble Minister for Energy, GoK to Hon ble Minister of Power, GoI From MD KPCL to Chief Engineer, CEA From Hon ble Union Minister of Coal GoI to Hon ble Chief Minister, GoK Addressed to Sri. Sriprakash Jaiswal, Hon ble Union Minister for Coal, GoI. Addressed to Hon ble Prime Minister, GOI

35 35 Sl. No. Date of Number Ministry 17) Letter received from the Union Coal Minister, GoI, informing that at present there are no coal blocks on offer. Regarding Coal linkage recommendations for the above projects has been received from the Ministry of Power and the same would be placed before the Standing Linkage Committee as and when it is held. 18) D O letter No. C M 526 GOI 2011 from Hon ble Chief Minister of Karnataka, dated ) Letter dated from Chief Secretary, GoK requesting for early allocation of coal linkages for KPCL projects. 20) Letter dated from KPCL furnishing updated details regarding the preparedness of the project for prioritization and fixing of inter se priority 21) Letter dated from the Minister for Energy, Govt. of Karnataka requesting for coal linkage / coal blocks for the above power projects 22) Letter from Hon ble Chief Minister, Govt. of Karnataka dated requesting for specific directions to be issued to the concerned to speed up the allocation of coal linkages / coal blocks. Addressed to the Hon ble Chief Minister, GoK. Addressed to Sri. Sriprakash Jaiswal, Hon ble Union Minister for Coal, GoI Addressed to the Secretary (Power), Ministry of Power, GoI Addressed to CEA Addressed to Hon ble Minister of Coal,GoI Addressed to the Hon ble Prime Minister, Govt. of India

36 36 Sl. No. Date of Number Ministry 23) Letter dated from the Minister for Energy, Govt. of Karnataka requesting for MOEF clearance for Godhna TPP and Edlapur TPP 24) Letter dated from the Minister for Energy, Govt. of Karnataka requesting for issuance of specific directions to be issued to the concerned to speed up the allocation of coal linkages / coal blocks and also to consider allocation of de-allocated blocks as and when they are available to the State generating companies 25) Letter dated from the Minister for Energy, Govt. of Karnataka specific directions to be issued to the concerned to speed up the allocation of coal linkages / coal blocks and also to consider allocation of deallocated blocks as and when they are available to the State generating companies 26) Letter from KPCL dated requesting for inclusion of YTPS and Bellary Unit III projects in 11th / 12th plans which would facilitate allotment of coal linkages / coal blocks for these projects. Addressed to Hon ble Minister of State for Environment and Forests, GoI Addressed to Hon ble Minister of State for Coal, GoI Addressed to Hon ble Minister of Power GoI Addressed to Secretary, Ministry of Power, GoI

37 37 Sl. No. Date of Number Ministry 27) Letter from Minister of Coal, Govt. of India dated informing that for allocation of coal blocks, applications have been invited from the state Governments and the same are under process. As far as applications for grant of long term coal linkage / LOA to the above KPCL projects which are coming up during 12th plan period, it has been informed that there appears to be primafacie no scope for the grant of new LOAs. 28) Letter from the Hon ble Chief Minister, GoK dated requesting for issue of necessary directions to the concerned to speed up the allocation of coal linkages / coal blocks for the above projects. 29) Letter from the Hon ble Chief Minister, GoK dated requesting for issue of necessary directions to the concerned to accord environmental clearance for Edlapur and Godhna projects Addressed to Minister for Energy, Govt. of Karnataka Addressed to the Hon ble Minister of Coal, GoI Addressed to the Hon ble Minister of State for Environment and Forests, GoI Gist of the proposal: Requirement of Coal Linkage for 3 new power projects:- Applications for long term coal linkage for Edlapur, Yermarus and Bellary Thermal Power Station Unit-III were submitted along with a processing fee of Rs.5.00 lakhs for each of the projects on

38 38 The Coal Ministry had considered applications and had listed them for further consideration by SLC (LT) under Sl. No. 9, 10 & 11 vide its file No /81/2007-CPD and the Ministry had sought information on the discrepancies if any in the Notification. The discrepancies were communicated to the Under Secretary (CPD), Ministry of Coal, GOI, vide letter dated A1M1B3 / 905 dated The Ministry of Coal vide its File No /66/2006-CPD dated published a list in its web site which includes applications (Sl No. 33, 34 & 35 of the list). In view of the enhanced capacities at Yermarus TPP (2 X 800 MW) and Edlapur TPP (1 X 800 MW), Additional Secretary & Chairman, Standing Linkage Committee (LT) was requested vide letter No. A1M1B3 / 1503 dated 24/ to allot the linkages to an extent of million tonnes per annum for these two projects. (5.40 mtpa for Edlapur Thermal Power Plant of capacity 1 x 800 MW and mtpa for Yermaras Thermal Power Plant of capacity 2 x 800 MW). Ministry of Coal vide letter under reference File No /142 / 2007-CPD dated intimated that application for enhancement of original capacity would be considered as a fresh application and the date of seniority would be reckoned from the date of receipt of such application along with the processing fee in the Ministry. Hence, revised applications along with processing fee of Rs.5.00 lakh each has been submitted vide letter No. A1M1B3 / 29 dated , afresh. Ministry of Coal vide their letter under reference file No / 142 / 2007-CPD dated has informed that the priority of the application will be taken as , the date of receipt of the revised application superseding the earlier application. Additional 1.26 TMC of water was allotted by Government of Karnataka in addition to 2.34 TMC which was already allocated for the proposed Edlapur ( 1 X 800 MW) and Yermarus (2 X 800 MW) thermal power plants and the same has been informed to CEA vide KPCL letter No. A1M1B3 / 1052 dated In respect of BTPS Unit-III, in view of enhancement in capacity of the Unit from 500 MW to 700 MW, a fresh application along with processing fee of Rs lakh has been submitted vide KPCL letter No. A1M1B3 / BTPS Unit 3 / 80 dated for allotment of Long Term coal linkage to BTPS, Unit-3.