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Rajya Sabha Invites Comments on Hazardous Wastes Rules, 2008

Written By Gopal Krishna on Sunday, November 16, 2008 | 2:00 AM

PARLIAMENT OF INDIA
RAJYA SABHA SECRETARIAT
Date: 3rd November 2008

COMMITTEE ON SUBORDINATE LEGISLATION, RAJYA SABHA
ON
THE HAZARDOUS WASTES (MANAGEMENT, HANDLING AND TRANSBOUNDARY MOVEMENT)
RULES, 2008

1. Committee on Subordinate Legislation of Rajya Sabha headed by Dr. (Smt.)
Najma A. Heptulla has undertaken the examination of the Hazardous Wastes
(Management, Handling and Transboundary Movement) Rules, 2008 framed in
exercise of the powers conferred by the Environment (Protection) Act, 1986,
and in supersession of the Hazardous Wastes (Managementn and Handling)
Rules, 1989. The Rules have been published in the Gazette of India,
Extraordinary Part II, Section 3, Sub-section (ii) dated 24th September,
2008 (a copy of the draft Rules would be supplied on request).

2. The Hazardous Wastes (Management, Handling and Transboundary Movement)
Rules, 2008 deals with various vital aspects in the management of hazardous
wastes and to ensure the environmentally sound management of all hazardous
wastes and to ensure the enviornmentally sound management of all hazardous
materials. Keeping in view the fact that a large section of society is
affected by the management of hazardous wastes, the Committee has decided to
invite written memoranda from interested individuals / organizations /
institutions / NGOs / experts on their views and suggestions on the said
draft rules. Those interested in the matter may send their views /
suggestions on the subject to Shri Mahesh Tiwari, Joint Director, Rajya
Sabha Secretariat, Room No. 528 A, Parliament House Annexe, New Delhi -
110001 (Tel: No. 23034353, Fax: 23017548; E-mail: mtiwari@sansad.nic.in)
within a month of publication of this advertisement

3. Memoranda submitted to the Committee would form part of its records and
would be treated as strictly confidential. Any violation in this regard may
attract breach of privilege of the Committee.

4. Those who are willing to appear before the Committee, besides submitting
written memoranda, may indicate so. However, the Committee's decision in
this regard shall be final.

COMMITTEE ON SUBORDINATE LEGISLATION
RAJYA SABHA

1. Introduction

The Committee on Subordinate Legislation of Rajya Sabha has been set up under Rule 204 of the Rules of Procedure and Conduct of Business in the Council of States to scrutinize and ensure that powers to make rules, regulations, bye-laws, schemes or other statutory instruments hereinafter referred to as the ‘Order’ conferred by the Constitution or delegated by Parliament have been properly exercised within such conferment or delegation, as the case may be.

2. Constitution

The Rajya Sabha Committee on Subordinate Legislation was constituted on the 30th September 1964. The Committee consists of 15 members including the Chairman.

3. Tenure of Chairman/Members of the Committee

As per Rule 205(2), the Committee holds office until a new Committee is nominated. Normally, the Committee is re-constituted every year.

4. Need for Subordinate Legislation

4.1 Parliament enacts laws from time to time by way of Central “Acts” and these Acts are implemented by the various Ministries/Departments of Government of India, that is, the Executive. It is a well recognized principle that the law enacted by Parliament cannot be comprehensive enough so as to visualize each and every eventuality that may arise during the course of its implementation and make a provision for it in the Act in anticipation. In order to cover for such contingencies, the Central Acts generally contain a provision authorizing the Central Government to frame rules/regulations, etc. in certain specified areas to enable Government to carry out the objective of the Act. These rules/regulations framed in exercise of the powers conferred by an Act of Parliament is termed as “Subordinate Legislation”. In a similar manner, framing of Subordinate Legislation is also contemplated in the Constitution of India.

4.2 The Committee on Subordinate Legislation in the Rajya Sabha is supposed to scrutinize and report to the Council whether the powers to make rules, regulations, bye-laws, schemes or other statutory instruments conferred by the Constitution or delegated by the Parliament have been properly exercised within such conferment or delegation as the case may be. The Committee scrutinizes all ‘Orders’ whether laid on the Table of the Council or not, issued in exercise of powers delegated by Parliament as also those framed in exercise of powers conferred by the Constitution of India.

4.3 Rule 209 of the Rules of Procedure and conduct of Business in the Rajya Sabha lays down the functions of the Committee thus:

“After each rule, regulation, byelaw, scheme or other statutory instrument (hereinafter referred to as the ‘order’) framed in pursuance of the Constitution or the legislative functions delegated by Parliament to a subordinate authority and which is required to be laid before Parliament, is so laid before the Council, the Committee shall, in particular consider:

1. Whether the order is in accord with the provisions of the Constitution or the Act pursuant to which it is made;

2. Whether the order contains matter which in the opinion of the Committee should more properly be dealt within an Act of Parliament;

3. Whether the order contains imposition of taxation;

4. Whether the order directly or indirectly bars the jurisdiction of the Courts;

5. Whether the order gives retrospective effect to any of the provisions in respect of which the Constitution or the Act does not
expressly give any such power;

6. Whether the order involves expenditure from the Consolidated Fund of India or the public revenues;

7. Whether the order appears to make some unusual or unexpected use of the powers conferred by the Constitution or the Act pursuant to which it is made;

8. Whether there appears to have been unjustifiable delay in its publication or laying before Parliament; and

9. Whether for any reason, the form or purport of the order calls for any elucidation.”

4.4 Besides the functions as enumerated in rule 209, the Committee goes into matters, where the ‘Orders’ as contemplated in the Constitution or envisaged in an Act of Parliament have not been framed or the framing thereof has been inordinately delayed.

4.5 In practice, the Committee scrutinizes all ‘Orders’ made by the Government of India or by any other subordinate authority ultimately responsible to the Government and which are published in the Gazette of India or laid on the Table. The Committee, however, does not scrutinize the ‘Orders’ which are made by the State Governments in exercise of the powers conferred on them by an Act of Parliament (for instance, ‘Orders’ made under the Motor Vehicles Act or Labour Laws enacted by Parliament). Similarly, the Committee does not scrutinize the rules which are made by the Supreme Court under Article 145, by the High Courts under the Code of Civil Procedure, and the rules made by the President in consultation with the Chairman of the Rajya Sabha and the Speaker of the Lok Sabha under Article 98(3) of the Constitution.

5. How the Committee Functions:

5.1 During the course of scrutiny of the rules, regulations, etc., if any point in regard to exercise of rule-making power by the subordinate authority arises, clarifications are sought from the concerned Ministry/Department. The matter is then placed before the Committee, indicating the points referred and the Ministry’s comments thereon, in the form of a Memorandum, giving details of the provisions objected to and the grounds of objection. The Committee considers the memorandum and comes to its own conclusion. If it is considered necessary, the representatives of the Ministry are called to appear before the Committee to be heard in person for seeking further elucidations. The Committee may also call for views/suggestions of individuals of organizations on rules/regulations in appropriate cases for having relevant inputs before finalizing its recommendations. The observations and recommendations of the Committee on various points scrutinized by the Committee find place in its reports.

5.2 The Committee also scrutinizes all the rules/regulations/ statutory orders laid before the Council of States from time to time with a view to ensure that these are laid timely and properly. The Committee presents a separate report to the House in respect of the Subordinate Legislation laid before the Council of States during each session, pointing out the deficiencies and also making appropriate recommendations

5.3 The Committee also examins all new central Acts which provide for framing of Subordinate Legislation and takes up with the Government the timely framing of Subordinate Legislation contemplated therein

5.4 The Committee also examines and scrutinizes representations having a bearing on the rules and regulations and other delegated legislation, which are presented to it by individuals, associations, institutions and private bodies. The Committee hears the petitioners, representatives of such associations and institutions and seeks clarifications on the points mentioned in the representations and also seek necessary clarifications from the departments concerned before making its observations or recommendations.

5.5 The Committee, sometimes, undertakes on-the-spot studies with a view to gain first-hand knowledge of facts.

5.6 The Committee presents its report to the Rajya Sabha from time to time.

5.7 The Committee has its own procedure for pursuing its recommendations and ensuring implementation thereof. The Committee also reports implementation matters to the House from time to time.

6. Reports & recommendations of Committee on Subordinate Legislation, Status Report/Action Taken Report

The Committee has so far presented 165 reports to the House. These reports deal with different subjects wherein either the Government had already taken action on the Committee’s suggestions given during the course of the deliberations and the Committee has noted the position, or alternatively, the Committee has made certain recommendations to the Government which had not yet been accepted / implemented. In the latter category of cases, the Committee pursues the implementation of its recommendations with the concerned Ministries/Departments after the matters had been reported.

Members of Committee on Subordinate Legislation
1 Dr.(Smt.) Najma A. Heptulla Chairman Rajya Sabha B.J.P. RJ
2 Shri Abani Roy Member Rajya Sabha R.S.P. West Bengal
3 Shri Ali Anwar Member Rajya Sabha J.D.(U) BR
4 1 Shri Bharatkumar Raut Member Rajya Sabha S.S. MH
5 Shri Birendra Prasad Baishya Member Rajya Sabha A.G.P. AS
6 Shri Biswajit Daimary Member Rajya Sabha B.P.F. Assam
7 Shri M.V. Mysura Reddy Member Rajya Sabha T.D.P. AP
8 Miss Mabel Rebello Member Rajya Sabha I.N.C. Madhya Pradesh
9 Prof. P.J. Kurien Member Rajya Sabha I.N.C. KR
10 Shri Penumalli Madhu Member Rajya Sabha C.P.I.(M) AP
11 Shri Praveen Rashtrapal Member Rajya Sabha I.N.C. GJ
12 Dr. Radhakant Nayak Member Rajya Sabha I.N.C. OR
13 Shri Raghunandan Sharma Member Rajya Sabha B.J.P. MP
14 Shri Tiruchi Siva Member Rajya Sabha D.M.K. TN
15 Shri Vikram Verma Member Rajya Sabha B.J.P. MP
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