Bharvi Chauhan:

Lok Sabhas proceedings are presided over by the Speaker of the House. The functioning of
the Lok Sabha is co-ordinated by the Lok Sabha Secretariat. The pre-lunch proceedings of the
Lok Sabha include the Question Hour and Zero Hour. We will be dealing with the question
hour.
QUESTIONS
The first hour of every sitting shall be available for the asking and answering of questions.
Not less than ten and not more than twenty-one clear days' notice of a question shall be given.
Notice of a question shall be given in writing to the Secretary-General and shall be specific.
Starred question- A Starred Question is one to which a member desires an oral

answer in the House and which is distinguished by an asterisk mark. When

a question is answered orally, supplementary questions can be asked
thereon. Only 20 questions can be listed for oral answer on a day
Unstarred Question- is one which is not called for oral answer in the House
and on which no supplementary questions can consequently be asked. To
such a question, a written answer is deemed to have been laid on the
Table after the Question Hour by the Minister to whom it is addressed
Speaker has to decide if a question is to be treated as starred or unstarred

Admissibility of questions
(1) Subject to the provisions of sub-rule (2), a question may be asked for the purpose of
obtaining information on a matter of public importance within the special cognizance of the
Minister to
The Speaker shall decide whether a question, or a part thereof, is or is not admissible under
these rules and may disallow any question, or a part thereof, when in his opinion it is an
abuse of the right of questioning whom it is addressed.
Order in which starred questions to be called
Questions for oral answers shall be called, if the time made available for questions permits, in
the order in which they stand on the list before any other business is entered upon at the
sitting:
Provided that a question not reached for oral answer may be answered after the end of the
Question Hour with the permission of the Speaker if the Minister represents to the Speaker
that the question is one of special public interest to which he desires to give a reply.
Mode of asking questions
(1) When the time for asking questions arrives, the Speaker shall call successively each
member in whose name a question appears on the list of question.

(2) The member so called shall rise in his place and, unless he states that it is not his intention
to ask the question standing in his name, ask the question by reference to its number on the
list of questions.
(3) If on a question being called it is not asked [as] the member in whose name it stands is
absent, the Speaker may, at the request of any member, direct that the answer to it be given

Supplementary questions
(1) The member in whose name a question is listed for oral answer or any other member,
when called by the Speaker, may ask a supplementary question for the purpose of further
elucidating any matter of fact regarding which an answer has been given.
Short notice questions
(1) A question relating to a matter of public importance may be asked with notice shorter than
ten clear days and if the Speaker is of opinion that the question is of an urgent character he
may direct that an enquiry may be made from the Minister concerned if he is in a position to
reply and, if so, on what date.

Chetana Jethmal Rathi: Will the Minister of FINANCE be pleased to state:(a) whether there exist a difference between the claims amount and the amount settled and payment
given to a customer by insurance companies;
(b) if so, the reasons therefore along with the amount of claims preferred and the payment
given/settled by the insurance companies during the last three years and the current year, companywise;
(c) the number of policies and the amount withheld/blocked by the insurance companies finding fault
with the policy holders during the said period, company-wise; and
(d) the corrective steps taken/being taken by the Government in this regard?
Goral Sevak :
(a): In Life Insurances sector such instances have not come to the notice of the Insurance Regulatory
and Development Authority of India (IRDAI) in case of Claims. The claims are either paid or
repudiated in case of life insurance. Those awaiting decision are considered outstanding claims.

In Non-Life Insurance whenever a claim is intimated / registered in a company, it is done on a

provisional estimate basis, based on the information provided by the insured. This estimation is
revised when the final assessment is received. The final assessment of the claim is subject to actual
expenditure as well as other terms and conditions such as Sum Insured, depreciation, excess, average
clause, etc. applicable under the policy. Most of the general insurance policies are indemnity policies.

(b): Life insurance contracts are assurance contracts where the amount payable on claim is defined
and assured. Here the benefit is either paid or repudiated and the difference in amount claimed and
amount paid is usually not observed. The life insurance claims data (Individual & Group) containing

claims reported, settled, repudiated, outstanding for years 2012-13, 2013-14 and 2014-15 is given in
Annexures 1-6.

However, in case of Non-Life Insurance and Health Insurance contracts are indemnity based. In Nonlife insurance claims, the loss or damage to the property or expenditure incurred towards treatment in
health insurance is claimed. In case of non-life insurance the loss is assessed by surveyor and the
amount of claim settled may not always be equal to the amount claimed and differences are not
uncommon. Similarly, in case of health insurance due to policy terms, conditions and exclusions the
amount claimed and the amount settled may not be equal. In case there is a dispute with regard to
claim amount settled or a grievance, the claimants have recourse to Insurance Ombudsman appointed
in 17 important cities and other redressal forums such as Integrated Grievance Management System of
IRDAI, consumer courts and regular courts. For major industrial claims there is an option of
arbitration as well.
The consolidated data in terms of claims intimated, settled and repudiated for last three years for
Health Insurance is enclosed in Annexure -7, 8 and for Non-Life Insurance in Annexures 9-10.

(c): Life Insurance : Under the existing regulatory framework governing the settlement of claims in
insurance policies, no insurance company shall withhold or block the claims unless there are express
orders from the Court. Once a claim is reported, the insurance companies shall either settle the claim
or repudiate the claim (denial of the claim) in accordance with the terms and conditions of the policy
contract and in accordance with provisions of Regulation 8 of IRDA(Protection of Policyholders
Interests) Regulations.

Health Insurance : Under the existing regulatory framework governing the settlement of health
insurance policies , no insurance company shall withhold or block the claims. Once a claim is
reported, the Insurance Companies shall either settle the claim or repudiate the claim (denial of the
claim) in accordance with the terms and conditions of the policy contracts.

(d): IRDA (Protection of Policyholders Interest) Regulations, 2002 have been notified by the
Authority in order to protect the interests of the policyholders. Regulations 8 and 9 of IRDA
(Protection of Policyholders Interests) Regulations 2002 mandate claims procedure in case of Life and
Non-life Policies. Regulation (8) (d) of IRDA (Health Insurance) Regulations 2013 govern the
settlement of health insurance claims.
In addition to the above, IRDAI does both offsite monitoring and periodical onsite inspection and
initiates regulatory action wherever it deems necessary. IRDAI also monitors the claims payment
position of the insurance companies by collecting the claims payment data quarterly. Further, IRDAI
has formed an Integrated Grievance Management System (IGMS) for real time monitoring of the
policy related (including claims) grievances from consumers. Under IGMS, IRDAI plays a facilitative
role in resolution of policyholder grievances.

Honourable Member, Shrimati Heli Shah: Honourable Maam speaker, with your kind permission I
would like to ask a question to the Union Minister of Mines, Shri Anmol Patel. May I?
Will the Minister of MINES be pleased to state:
(a) the details of the cases of illegal mining operations reported from various parts of the country
during each of the last three years and the current year, State/UT wise;
(b) the estimated amount of revenue loss incurred to the Government on account of such illegal
mining;
(c) the details and outcome thereof including the punitive action taken against the guilty person; and
(d) the steps taken by the Government to control the large scale illegal mining including in forest
areas of the country?

Honourable Maam Speaker: Honourable Minister of Mines, Shri Anmol Patel is requested to
address the question raised by Honourable Member, Shrimati Heli Shah.
Honourable Minister of Mines, Shri Anmol Patel: I appreciate the query raised and the concern
shown by the Honourable MP, Shrimati Heli Shah.
Based on the quarterly returns on illegal mining submitted by various State Governments to Indian
Bureau of Mines (IBM) (a subordinate office of the Ministry), details of instances of illegal mining
reported in various parts of the Country and the action taken by State Governments, for the last four
years and the current year (till the quarter ending June, 2014), State-Wise, are given in ANNEXURE.
As per section 23C of the Mines and Minerals (Development and Regulation) (MMDR) Act, 1957,
State Governments have been empowered to make rules for preventing illegal mining, transportation
and storage of minerals. State Governments deal with cases of illegal mining; therefore specific
details on the estimated amount of revenue loss incurred by the Union/State Governments on account
of illegal mining is not centrally maintained.
(c) and (d): The following steps have been taken by the Central Government to curb and check illegal
mining in the Country:
1) Regular monitoring of framing of rules by the State Governments to control illegal mining as per
Section 23C of MMDR Act (so far 20 States have framed the rules under section 23C of MMDR Act,
1957 to curb illegal mining);
2) Regular monitoring of setting up of Task Forces at State and District level to control illegal mining
since the year 2005 (so far 23 States have reported to have constituted the Task Forces);
3) Regular monitoring of setting up State Coordination-cum-Empowered Committee (SCEC) to
coordinate efforts to control illegal mining by including representatives of Railways, Customs and
Port authorities (13 State Governments have set up a Coordination-cum-Empowered Committee);
In order to act as a strong deterrent to illegal mining, the MMDR amendment has enhanced the
punitive provision of punishment with imprisonment for a term which may extend to five years and
with fine which may extend to five lakh rupees per hectare of the area for the offence of illegal
mining. The amendment act also has a provision to enable State Governments to set up special courts
for trial of offences relating to illegal mining, if felt necessary. The immediate effect of the MMDR
Bill 2015 will be the following:

To create a new category of mining license i.e. the prospecting license-cum-mining lease, which is a
two stage-concession for the purpose of undertaking prospecting operations (exploring or proving
mineral deposits), followed by mining operations
Change the area of mining, by allowing the Central Government to extend the area limits of mining,
instead of providing multiple mining leases
In the earlier law, a mining lease was granted for a maximum of 30 years and a minimum of 20 years
and could be renewed for a period not exceeding 20 years. Under the new law, the lease period for
coal and lignite remains unchanged. For all minerals other than coal, lignite and atomic minerals,
mining leases will be granted for a period of 50 years. All mining leases granted for such minerals
before the Ordinance shall be valid for 50 years. On expiry of the lease, instead of being renewed, the
leases shall be put up for auction, as specified in the Act
The state governments will grant mining leases for notified minerals and prospecting license-cummining leases for other minerals. It shall also notify geographic areas and the terms and conditions of
such leases. All such leases shall be granted through auction by competitive bidding, including eauction
The central government shall prescribe the terms and conditions, and procedure for auction, including
parameters for the selection of bidders. For mining leases, the central government may reserve
particular mines for a specific end use and allow only eligible end users to participate in the auction, if
found necessary.
It is my humble request to bear in mind that illegal mining can be curbed only with a collective effort
by both the Central Government as well as the State Government.
Supplementary Q:
Honourable MP, Heli Shah: Honourable Maam Speaker, with your kind permission I would like to
ask the Honourable Minister a supplementary question. May I?
Whether the Government has constituted a Commission to investigate the reported illegal mining in
the country? If so, what are the findings of such a Commission whether they have been incorporated
in the amendment to MMDR Act?
Honourable Maam Speaker: Honourable Minister of Mines, Shri Anmol Patel is requested to
address the supplementary question raised by Honourable Member, Shrimati Heli Shah.
Honourable Minister of Mines, Shri Anmol Patel: The Central Government has set up the Justice
M. B. Shah Commission of Inquiry to inquire into large scale illegal mining in the country. First
Interim Report submitted by COI, along with the Action Taken Report (ATR), was laid in the Lok
Sabha on 20.12.2011 and in the Rajya Sabha on 30.04.2012. Genuine attempts have been made by the
ministry of mines to amend the MMDR act based on the findings of the report. Further, an Updated
Memorandum of Action Taken on this Report was laid in the Lok Sabha on 07.2.2014 and in the
Rajya Sabha on 10.2.2014. Copies of the aforementioned reports can be accessed by the Honourable
Member through the Lok Sabha Secretariat.

Aman : Sir Speaker, I on the behalf of the opposition party would like to raise a
question to The Honourable Defence minister. May I !
Speaker: Yes proceed
Aman: Thank you sir

Will the minister of defence be pleased to state:

a Whether the government has taken any steps in response to the ceasefire
violation by Pakistan.
b If so, the details thereof;
c Steps taken by Government to ensure the safety of civilians & BSF
personals ; and
d Steps taken to control the infiltration of militants.
MINISTER OF DEFENCE (SHRI RAVI KHANT)Ravi Khant : Thank you sir
(a) to (d): Government has taken note that there has been around 200 ceasefire
violations by Pakistan till 22nd September 2015. But this time not just BSF but also
civilians are targeted. There is enough distance between villages in border areas and
our BSF bunkers. There is no scope that our civilians are targeted due to misfire. Our
civilians are targeted only when they specifically want to target the villages and not
the bunkers. So to control the ceasefire violation and ensure the safety of our
civilians quick and effective response has to be given and to ensure that all the
commanding officers of the particular area are given authority to respond immediately
after confirming the location from where firing is done. Confirming the location is
very essential as PAK villages and bunkers are very close to each other and many a
time houses are used for sniper positions to target our bunkers, but we dont wish to
target their civilians.
There was a problem of supply of ammunitions and equipment for our BSF personals
as there was a delay in delivery of imports of arms and ammunitions. But now the
problem is resolved and enough equipment is supplied to BSF at all the posts. Today
all the posts are having enough equipment and supplies enough to sustain for one
month without any additional supplies. Moreover BSF is now equipped with new
surveillance and communication equipments like Night vision, Infrared surveillance
system, Satellite communication System etc.
According to the reports received from our Investigating Agencies around 1500
militants are presently based near PAK border are ready to penetrate into Indian
Territory. This event is quite normal, every year during the months of September
October around 2000 3000 militants gather near Indo - Pak border for infiltration
attempts. In this months we expect increase in infiltration attempts like every year as
afterwards it becomes difficult to infiltrate due to the heavy snowfalls. In the border
areas especially near river Ravi fencing is not possible due to the terrain conditions
which makes this areas the ideal environment for infiltration but now to solve this
problem all the bunkers in these areas are equipped with electronic surveillance
equipments.
It has been observed that most of the times ceasefire violations done by Pakistani
Rangers are for creating diversions for our troops in order to help militants to
penetrate in our area but this has been taken very seriously and our response towards
ceasefire violations is almost double/triple to theirs. For a heavier response new

mortar positions have been created near all our bunkers and this year we have already
caused heavy damage to almost 43 Pak bunkers while responding to Ceasefire
violations.

Rudra Raval:
Will the Minister of COMMUNICATIONS AND INFORMATION TECHNOLOGY
to state:-

be

pleased

(a) the details of concept of net neutrality and Government`s views/stand over it;
(b) the prevalent practice of internet neutrality across the globe;
(c) whether a few telecom companies in India have resorted to marketing techniques that involve
differential pricing to access certain online content, applications and other Over-The-Top-(OTT)
services, thus, violating the basic principle of net neutrality and if so, the details thereof;
(d) whether Telecom Regulatory Authority of India (TRAI) has brought out a consultation paper to
prepare a framework for Net Neutrality/Over-The-Top (OTT) services and sought comments from the
stakeholders and if so, the details thereof; and
(e) the measures taken/being taken by the Government to maintain net neutrality?
Jaya Lulla:
(a) Net- Neutrality concept refers to non-discrimination of data packets by intermediate network of
Internet on the basis of content, application, service, device, sender or recipient address etc.
Government notes with assurance the growth of Internet in India and wide platform it has offered for
innovation, investment and creativity. Government strives for non discriminatory access to Internet
for all citizens of the country.
The issues related to Net Neutrality are in consultation phase at present.
(b) There is divergence of viewpoints amongst nations on the extent of neutrality desired from
Internet Service Providers (ISPs) & regulatory measures undertaken to enforce them. Very few
countries have opted for specific legislations in this regard.
(c) As per the existing tariff framework, tariff for telecommunication service is under forbearance
except for National Roaming, Rural Fixed Line Services and leased circuits. The service providers
have the flexibility to offer various combinations of tariff to different classes of subscribers provided
that such classification is not arbitrary. Tariffs are offered by service providers taking into account
several factors including input costs, level of competition and other commercial considerations.
Presently, the service providers are offering Internet packs, which allow the subscribers to use any
content, applications etc. available on Internet. In addition, some service providers are offering
discounted special tariff packs for certain applications.

(d) Telecom Regulatory Authority of India (TRAI) has released a consultation paper on Regulatory
Framework for Over-The-Top (OTT) Service on 27.03.2015. The paper invites comments from
stakeholders by 24.04.2015 & counter comments by 08.05.2015. The consultation paper is available
on TRAI website www.trai.gov.in.

(e) TRAI has released a consultation paper on Regulatory Framework for Over-the-top services on
27.03.2015 for inviting comments from various stakeholders.
Department of Telecommunications has constituted a committee on Net Neutrality in January, 2015
itself with following terms of reference:
1. The Government will take final decision in the light of reports above.
2. To examine the pursuit of net neutrality from a public policy objective, its advantages and
limitations.
3. To examine the economic impact on the telecom Sector that arises from the existence of a regulated
telecom services sector and unregulated content and applications sector, including over-the-top (OTT)
services.
4. To examine, assess and specify qualifications on the applicability of the principal of net-neutrality
from the security, traffic management, economic, privacy and other stand-points.
5. To recommend overall policy, regulatory and technical responses in the light of examination and
assessment of the issues in the first three terms of reference.
Honourable Member, Shri Manish Mulchandani: Honourable Maam speaker, with your kind
permission I would like to ask a question to the Minister of Law and Justice Shrimati Sanyami Shah
May I?
Will the Minister of Law and Justice be pleased to state:
(a) the total sanctioned strength of Judges in the Supreme Court, High Courts and
Subordinate Courts in the country along with the number of posts lying vacant,
State/UT-wise;
(b) Whether the appointment of Judges has been held up for want of National
Judicial Appointment Commission (NJAC) and if so, the details thereof;
(c) The number of Judges appointed during the current year, Court-wise;
(d) The follow up action taken by the Government to improve the Judges:
population ratio in the country and its present status; and
(e) The steps taken/being taken by the Government for establishment of NJAC
and its present status?

Honourable Maam Speaker: Honourable Minister of Law and Justice, Shrimati Sanyami Shah is
requested to address the question raised by Honourable Member, Shri Manish Mulchandani.

Honourable Minister of Law and Justice, Shrimati Sanyami Shah: Thank You Honble Speaker. I
appreciate the query raised and the concern shown by the Honourable MP, Shri Manish Mulchandani.

(a) : There is a total sanctioned strength of 31 judges in the Supreme Court and
1017 Judges in the High Courts. Out of which, there is a working strength of 28
judges in the Supreme Court and 636 Judges in the High Courts as on 15.7.2015,
leaving 3 vacancies in the Supreme Court and 381 vacancies in the High Courts.
A statement showing the total sanctioned strength of Judges as well as the

vacancies in the Supreme Court and High Courts as on 15.7.2015 is at AnnexureI. As regards, District and Subordinate courts, as on 31.12.2014, there is a total
sanctioned strength 20214 judges, with a working strength of 15634 leaving
vacancies of 4580 judges. A statement showing sanctioned strength, working
strength and vacancies of Judges in District and Subordinate Courts (as on
31.12.2014) is at Annexure-II.

(b) to (e): Implementation of NJAC, which replaces the Collegium system and by
which the government will have a role in appointment of judges to higher
judiciary.
The Collegium system of appointment of Judges of the Supreme Court and High
Courts has ceased to exist consequent upon the coming into force of the
Constitution (Ninety-Ninth Amendment) Act, 2014 and the National Judicial
Appointments Commission Act, 2014 w.e.f 13.04.2015. Implementation of NJAC,
which replaces the Collegium system and by which the government will have a
role in appointment of judges to higher judiciary. The NJAC which recently got
Presidential assent after ratification by 16 states replaced the two-decade-old
collegium system of appointment of judges to the high courts and Supreme
Court.
The NJAC which recently got Presidential assent after ratification by 16 states
replaced the two-decade-old collegium system of appointment of judges to the
high courts and Supreme Court.

The National Judicial Appointments Commission Bill, 2014, passed in the Lok
Sabha, provides for setting up of a six-member National Judicial Appointments
Commission to select and recommend judges to the Supreme Court and High
Courts.
During the current year till 13.04.2015, 1 Judge was appointed in Supreme Court
and 35 Judges were appointed in various High Courts as per Annexure-III.
However, writ petitions were filed in the Supreme Court challenging the
Constitutional validity of both the Acts. The hearing of the cases in the Supreme
Court concluded on 15.07.2015 and judgement is reserved. The Supreme Court
as an interim measure during the course of the proceedings has directed that
appointment of Additional Judges in High Courts already in Office shall be
continued for a period of 3 months or till the date of their superannuation
whichever is earlier, till the disposal of the writ petitions. Accordingly, after
13.04.2015, the term of 3 Additional Judges of Gauhati High Court, 1 Additional
Judge of Patna High Court and 7 Additional Judges of Bombay High Court have
been extended. Therefore at present, no action on Appointment of Judges is
being taken except under court orders.
There has been concerted effort to improve the Judges: Population ratio in the
country. In the All India Judges Association case, the SC in 2002 stressed on the
need to increase the judge-population ratio to 50 per million population in five
years. Perhaps increasing the judge strength by 10 per 10 lakh people every year

could be one of the methods which may be adopted, thereby completing the first
stage within five years before embarking on further increase if necessary
The Judge strength in subordinate judiciary has increased from 17,715 at the end
of 2012 to 20,214 in December, 2014. Similarly, the Judge strength of High
Courts has increased from 906 in June, 2014 to 1017, presently. The Judges:
Population ratio in the country taking into account Judges at all levels now stands
at about 17 Judges per one million of the population. This will have a huge effect
on pendency of cases, which lies at 2.64 crore cases across the country,"

Shahbaz malbari:
Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:
(a) whether new cases of Influenza-A H1N1 (Swine Flu) and related deaths have
recently been reported from various parts of the country and if so, the details
thereof during the current year in comparison to the last year, State/UT-wise;
(b) the financial and technical assistance including drugs/vaccines provided by
the Government to the States/UTs for diagnosis, detection and treatment of
Influenza-A H1N1 and dissemination of information in this regard, State/UT-wise;
(c) whether drugs and vaccines for prevention and cure of the Swine Flu patients
are adequately available in the country;
(d) if so, the details thereof and if not, the reasons therefor along with the
corrective steps taken/proposed to be taken by the Government in this regard;
and
(e) the measures being taken by the Government to establish new laboratories
and strengthen the existing ones and also to curb the private
hospitals/laboratories charging high amount for screening and test of Influenza-A
H1N1?

Honble Health minister Anuja Shah:

(a)
In the period 1st June 2015 to 31st July, 2015, the details of cases of
Influenza A H1N1 and related deaths reported from various parts of the country
are given at Annexure along with the details for same period in 2014. All the
reported deaths may not have occurred only due to Influenza A H1N1 infection
but may also be due to co-morbid conditions and due to patients being immunocompromised.
(b)
In addition to guidelines for vaccination of Health-care-workers, advisories
have been issued to the States for risk categorization, clinical management and
ventilator management. These have been also posted on the Ministrys website.
Ministry of Health & Family Welfare deputed Central Teams earlier this year to
Rajasthan, Gujarat, Telangana, Madhya Pradesh and Maharashtra for providing
technical guidance and assistance to the State Governments. A team of
physicians was also deputed to Rajasthan for assisting the State in ventilator
management. The States were supplied with Oseltamivir Capsules, N 95 masks,

Personal Protective Equipment, VTM kits and diagnostic reagents for testing
samples. IEC activities were also undertaken for dissemination of information.
(c) &(d) Recent cases are being reported from few States who have informed that
they have sufficient stock of drug Oseltamivir. Ministry of Health & Family Welfare
has also kept an emergency stock of Oseltamivir. Regarding vaccine, as per the
guidelines, vaccination is recommended only for health-care workers involved
with Influenza cases and high risk groups. Procurement of vaccine is being done
directly by the States.
(e) At present, the laboratory network of Integrated Disease Surveillance
Programme and Indian Council of Medical Research comprising 21 laboratories
across different parts of India is providing free testing facilities for Influenza A
H1N1. The Government has also approved a scheme of Department of Health
Research for Establishment of a network of Laboratories for Managing
Epidemics and Natural Calamities. Expenditure on the establishment of labs at
the State Level and at the Medical Colleges would be shared between the Central
Government and the State Governments in the Ratio of 75:25 (90:10 in respect
of North Eastern, Hilly States including Sikkim and Jammu & Kashmir). The Viral
Research & Diagnostic Laboratories (VRDLs) would deal with diagnosis and
outbreak investigation of common viruses including Influenza A H1N1.In view of
earlier media reports regarding overcharging by certain private laboratories,
Director General of Health Services had advised the concerned State
Government to ensure that the private laboratories do not charge high rates. In
last two months, no report of overcharging has been received.