rajya sabha secretariat office memorandum- om 5(10)2007- rs-com-i dt 23 nov 2007

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  • 8/9/2019 Rajya Sabha Secretariat Office Memorandum- Om 5(10)2007- Rs-com-i Dt 23 Nov 2007

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    Annex to OM 0.5(10)/2007- RS-Com.I dt 23 Nov 2007 //copy//

    Study Note On

    Border Roads Organisation

    The Committee met at 4.00 p.m on 4th June 2007 at Gangtok in Sikkim to discuss \\ith the

    representatives of the Mlo Defence and the Border Roads Organisation, the Border Roads Engineering

    Service Recruitment Rules,1988 and BorderRoads Medical Officer (Group-A) Recruitment Rules, 2003.

    The following were present.

    6. Shri Harcharanjit Singh

    Secretary, BRDB

    7. Lt Gen K.S Rao, PVSM, SC, S.M DGBR

    8. Brig M.S.Pillai

    Chief EngineerProject Dantak

    9. Brig K.T.Gajaria DDG

    (Pers)

    10. Shri George P.Cherian Senior

    Engineer

    11. Shri S.Suresh KumarDeputy

    Director HQ DGBR

    I.

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    At the outset, the D.G Border Roads Organisation, Lt General K.S. Rao gave a brief

    presentation on the Border Organisation, its work culture, ethos and feats achieved by it. In this

    regard Shri Rao stated that Border Roads Organisation has been carrying out its

    projects/construction work successfully not only at national but also at international leyel and

    had eamed reputation for that. One of the main feature of BorderRoads Organisation's working

    was that instead of completing projects through contracts, it relied solely on its internal resources

    be it men or machinery. Only daily wage/Casual Labour are hired from outside from amongstlocal people for assistance.

    The Committee enquired whether there was a compendium of rules/regulations

    governing Border Roads Organisation. The Secretary BRDB stated that rules were framed from

    time to time in this regard but no comprehensive legislation was in place. The Committee

    obsen'ed that a comprehensive legislation \,,'as due to be framed by the Ministry of Defence

    under articles 309 of the constitution but only ad-hocism existed in this respect. Long time has

    lapsed since then and due attention was not paid by the ministry towards the need of the

    Organisation to strengthen it with the full fledged legislation particularly where the matter was

    connected with defence of the country. The Committee desired the Ministry to come out with

    proper subordinate legislation forBorder Roads Organisation which had earned reputation for its

    work both at national and international level and had been working strategically as well.

    The Committee next desired to know whetherrules/regulation concerning Border Roads

    Organisation had been laid on the table of both the houses of Parliament and on what date. The

    Secn~tall' BRDB was not SUl"e about it.

    The Committee noted that the record management of the ministry was not up to date and

    directed that the Ministry should inform the Committee about laying of rules with regard to

    Border Roads Organisation at the earliest. The Committee also stated that Ministry had been

    asked a numberof times to put up rules of the Defence Ministry on their website but no initiative

    was taken in this regard. The Committee suggested that prompt action may be taken to put up the

    rules of the Ministry on their website.

    The Committee furtherenquired about the service conditions in Border Roads

    Organisation like promotion/deputation/leavelhousing facilities, cadre review etc.

    The Committees, noted that employees of GREF were subject to Army Act, 1950 (as

    applicable to Armypersonnel/officers)but they were neither considered at par with Alomy nOlO

    as a civilian. The pay scale sanctioned in 5th CPC has not been allowed to Diploma Engineers of

    BRO. Up to 4th Central Pay Commission, there was no difference in pay scales of Diploma

    Engineers of BRO with respect to other similar Central Government Department like CPWD,

    Military Engineering Services and Railways. But, in the BRO, at the time of implementation of

    5thPay Commission, Diploma Engineers were put in lower scale. whereas officers ofBRO and

    subordinates of other category were enjoying the same pay scales as recommendedby 5th CPCand acceptedby all Central Government Departments.

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    The Committee expressed the view that members of GREF were part and par"cel of the

    Armed Forces and they should not be discriminated against Extra Regimental Employmentofficer"s/staffsince they were wod

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    17-08-09

    (2 hrs 40minutes)

    28-10-09 (2hrs)

    (iv) Supersession

    of Cigarette and

    other tobacco

    products

    (Packaging and

    Labeling) Rules,

    2006 by

    Packaging and

    Labeling Rules,

    2008

    (v) Oral

    Evidence of theSecretary,

    Ministry of

    Petroleum and

    Natural Gas,

    Executive

    Director, Oil

    Safety

    Directorate,

    Director-

    General,

    Directorate of

    Mines Safety

    and CMDs of

    ONGC and Oil

    regarding the

    Petroleum and

    Gas (Safety 11 1

    Offshore

    Operations)

    Rules, 2008.

    (i) Oral evidence

    of the Additional

    Secretary,

    Ministry of Defence, Director-General,

    Border Roads Organisation andrepresentatives of Department of

    Personnel and Training regarding the

    Border Roads Engineering's Service

    Group . A' (Amendment) Rules, 1988.

    (ii) Oral evidence of the Secretary,

    Ministry of Labour and Employment

    regarding the

    Building and Other

    Construction Workers

    (Regulation of Employment and

    Conditions of Service) Central Rules,

    1998.

    (i) Oral evidence of the Secretary,

    Ministry of External Affairs regarding the

    Haj Committee Rules, 2002.

    (ii) Consideration of:

    (a) The Lakshadweep Building

    Development Board (Supply of Building

    Materials) Bye-Laws, 2003.

    (b) The Electricity Rules, 2005. (c) The

    Electrical Wires,

    Cables, Appliances and

    Protection Devices andAccessories (Quality Control) Order,2005.

    (d) The Regulation of Quality of Service

    of Basic and Cellular Mobile Telephone

    Services, 2005 and

    (e) The Atomic(Radiation Protection) 2004.

    The Committee agreed to dro p the

    Cigarette and other tobacco products

    (Packaging and Labeling) Rules, 2006

    and take up fOT considcration the

    Packaging and Labeling Rules, 2008

    The Committee were apprised about the

    need for bringing these Rules into

    existence and problems faced in

    implementing them. A questionnaire was

    also forwarded to the Ministry for

    detailed replies.

    The Committee noted that there were

    differences in the facilities

    enjoyed by General Reserve

    Engineering Force and

    Army personnel

    employed in Border Roads Organisation

    and the Supreme Court judgment in this

    connection was not being followed in

    letter and spirit.

    The Committee was informed that while

    the concerned rules were framed by the

    Central Government the implementation

    was done by the respective State

    governments. The Committee felt tJlat

    tJle implementation of the rules was filffrom sati sfactory.

    The Committee requested the Ministry to furnish the updated status

    in the matter of bringing in a new legislation of the subject and also

    furnish their replies to the questionnaire and representation of the

    people's representatives.

    The Committee adopted the following memoranda and decided to

    take up on priority basis the Electricity Rules, 2005, The

    Regulation of Quality of Service of Basic and Cellular Mobile

    Telephone Services, 2005 and the Atomic Energy (Radiation

    Protection) Rules, 2004.

    Energy

    Rules,

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