Crores of Rupees spent on flowers decoration

In our country where more than sixty percent of population is poor and live in villages , thousands of people die each day because of improper health care and malnutrition, roads are not available to all and where available are full of serial potholes, drinking water is not available to all and if water supply is available it is packed with disease whether the expenditure of Lacs of rupees from Tax payer pocket on decoration by flowers in ministers Bungalow and offices , can be justified. . Indian oil ( Refinery Division ) spent Rs 4 lacs in a year on such flowers decorations.
Ministry of Textile came out with startling figure of Rs. 5 lacs. If we add up the figures of government offices , it will be in crores of rupees. . Can this unproductive expenditure from poor pocket be justified. For details login http://www.rti.sdjindia.org

RBI's Draft Guidelines on Banks' Recovery Agents

RBI has been periodically warning banks against taking the law into their own hands while effecting recoveries. The warnings fell on deaf ears. Apparently deciding ‘enough is enough’ it has now come out with draft operational guidelines.
IN ITS MID-TERM review of the Annual Policy for the year 2007-08, the RBI said that it would issue an operational circular by November 15, 2007 with regard to recovery agents engaged by banks in India. Well, it has placed on its website the operational guidelines that it proposes to issue for adoption by all banks (vide DBOD.No.Leg. 6723 /09.07.005/2007-08 dated November 30, 2007). It has asked all the scheduled commercial banks to furnish their views and comments on the proposed guidelines within a period of one month from November 30, 2007.
Some of the operational guidelines are analysed in the following paragraphs:
Banks are required to have a due diligence process in place for engagement of recovery agents, which should be so structured as to cover, among others, the individuals involved in the recovery process.
Comments: This is going to be difficult for banks since there are individuals and individuals. The agent himself may be a jail-bird of which the bank has no knowledge or the individual engaged by the agent may be a jail-bird of which the agent has no knowledge. In the latter case, the agent is still liable because the scope of the definition of ‘agent’ is vast. It includes agents as well as employees engaged by the agents! Thus, for the bank, it is going to be difficult and costly to screen the prospective agent; for the agent, it is going to be even more difficult to screen his agent or employee because he has to spend upfront for the purpose. Not many may qualify as agents in the process. Agents may become scarce almost overnight just as ‘independent directors’ became scarce after corporates were obliged to adhere to the corporate governance code.
 To ensure due notice and appropriate authorization on their part, banks should keep the borrower informed of the details of recovery agents engaged for the purpose, while entrusting default cases to the recovery agents. The details should include the telephone numbers of the agent. The agent should call the borrowers only from the telephone numbers conveyed to the borrower by the bank.
Comments: This is a welcome provision but suffers from a lacuna. The agent may have furnished the telephone number incorrectly to the bank (either by design or by accident) or the bank may have furnished the telephone number incorrectly to the borrower or the telephone may have gone out of order when the agent attempts to contact the borrower obliging the agent to use another phone number for the purpose. In fact, the ‘out of order’ excuse may be misused and abused by the agent to justify using other telephone numbers for the purpose. To err on the side of caution, the agent may furnish even five or ten telephone numbers to the bank! RBI therefore would do well to advise the banks not to permit the agent to furnish more than two telephone numbers for the purpose.
 Each bank should have a mechanism in place to address borrowers' grievances with regard to the recovery process. The details of the mechanism should also be conveyed to the borrower. This is a welcome provision since there is generally a huge communication gap between the bank and the agent himself as to the status of the loan account.
 Another guideline disapproves of banks setting very stiff recovery targets or offering high incentives to recovery agents. These have, in turn, induced the recovery agents to use intimidatory and questionable methods for recovery of dues. RBI has therefore advised banks to ensure that their contracts with the recovery agents do not induce adoption of uncivilized, unlawful and questionable behaviour or recovery process.
Comments: It is better that the said contract is drafted by the RBI itself for adoption by all banks. Alternatively, the RBI may mandate the Indian Banks’ Association (the Bankers’ Club) to do this. This is important since what is uncivilized or unlawful or questionable behaviour may be perceived differently by different banks.
 Circular DBOD.Leg.No.BC.104/09.07.007/2002-03 dated May 5, 2003 on Guidelines on Fair Practices Code for Lenders and Master Circular DBOD.FSD.BC.17/ 24.01.11/2007-08 dated July 2, 2007 on Credit Card Operations of the RBI advises banks that in the matter of recovery of loans, (a) the lenders should not resort to undue harassment, viz. persistently bothering the borrowers at odd hours, use of muscle power for recovery of loans, etc. (b) banks should ensure that agents engaged by them for debt collection refrain from action/s that could damage the integrity and reputation of the bank (c) their agents should not resort to intimidation or harassment of any kind, either verbal or physical, against any person in their debt collection efforts, including acts intended to humiliate publicly or intrude into the privacy of the borrowers' / credit card holders' family members, referees and friends, making threatening and anonymous calls or making false and misleading representations. The 'Code of Bank's Commitment to Customers' (BCSBI Code) obliges banks to strictly abide by the codes pertaining to collection of dues. RBI Circular DBOD.NO.BP. 40/21.04.158/2006-07 dated November 3, 2006 on guidelines on managing risks and code of conduct in outsourcing of financial services by banks, advises banks to ensure that, among others, the recovery agents are properly trained to handle with care and sensitivity, their responsibilities, in particular aspects like hours of calling, privacy of customer information etc. Therefore RBI wants the Indian Banks’ Association to formulate, in consultation with Indian Institute of Banking and Finance (IIBF), a certificate course for Direct Sales Agents / Direct Marketing Agents / Recovery Agents with at least 100 hours of training. Once the course is introduced by IIBF, banks should ensure that over a period of a year all their Recovery Agents undergo the said training and obtain the certificate from the said institute. Further, service providers engaged by banks should also employ only such personnel who have undergone the said training and obtained the certificate from IIBF.
 RBI has advised banks to rely only on legal remedies available under the relevant statutes which allow them to enforce the security interest without intervention of the courts, when they take possession of property mortgaged / hypothecated to them. This is necessary in the light of a recent Supreme Court observation that ‘we are governed by rule of law in the country and the recovery of loans or seizure of vehicles could be done only through legal means’. The guideline also says that ‘where banks have incorporated a re-possession clause in the contract with the borrower and rely on such re-possession clause for enforcing their rights, they should ensure that such repossession clause is legally valid, is clearly brought to the notice of the borrower at the time of execution of the contract, and the contract contains terms and conditions regarding (a) notice period to be given to the customers before taking possession (b) the procedure which the bank would follow for taking possession of the property and (c) the procedure which the bank would follow for sale / auction of property. This is expected to ensure that there is adequate upfront transparency and the bank is effectively addressing its legal and reputation risks’.
But here again, subjectivity could creep in because most such contracts prescribed by banks are one-sided and when challenged in a court of law, this demerit will show up. RBI should mandate banks to file with it a copy of all contracts banks require the borrower to execute for ratification by it.
 RBI has done well to caution that banks, as principals, are responsible for the actions of their agents. Hence, they should ensure that their agents engaged for recovery of their dues should strictly adhere to the above guidelines and instructions, including the BCSBI Code, while engaged in the process of recovery of dues.
Comments: I wish banks in general and the ICICI Bank in particular paid heed to this caution from RBI. The Delhi State Consumer Commission ordered ICICI Bank to pay Rs 50,00,000 by way of fine for employing goons to recover loans form its consumers. The Commission deplored the practice of the bank intimidating the consumers to collect the loan instalments. The Commission also ordered ICICI Bank to pay Rs 5,00,000 to a consumer who was allegedly beaten up by its recovery agents who also took away the complainant’s car. The victim sustained injuries on the skull and other parts of the body. But ICICI Bank’s effrontery has led it to refuse to own up the act on grounds that agents were employed separately by the recovery agency and it could not be held culpable of any such act as it had asked the agency to conduct itself in accordance with the law. In the light of RBI’s caution, will ICICI Bank’s argument hold water?
Perhaps fed up with the banks’ reluctance to adhere to its instructions the RBI has said that any complaints received by it regarding violation of the proposed guidelines and adoption of abusive practices on the part of banks’ recovery agents would be viewed seriously. Reserve Bank may consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period. In case of persistent breach of the guidelines, Reserve Bank may consider extending the period of ban or the area of ban. Similar supervisory action could be attracted when the High Courts or the Supreme Court pass strictures or impose penalties against any bank or its Directors/ Officers/ agents with regard to policy, practice and procedure related to the recovery process. RBI has realised that sparing the rod will spoil the child!

Child labour audit mooted

In a move that would impact several labour-intensive sectors, the government wants independent agencies to undertake a child labour audit of export units. The move comes close on the heels of global clothing major GAP pulling from shops in the US and Europe garments made in India after allegations that local contractors employed children to manufacture them.
The government also proposes that representatives of the ministries of labour, women & child development and commerce meet every three months to review progress. The government is of the view that the allegations of child labour could adversely affect India’s exporters, already reeling under the impact of a rising rupee.
According to estimates, there are around 1.5 crore children at work in various export units across the country, although domestic laws have banned employing anyone below 14 years of age. The government has increased budgetary allocation from Rs 662 crore in the 10th Plan to Rs 4,000 crore in 11th Plan for a national child labour rehabilitation project and to set up schools for them.
The export sectors under the government’s child labour scanner are the five labour-intensive sectors of apparel, handicrafts, carpets, Sports goods and gems & jewellery. The export promotion associations of these sectors have also given their consent to the move. Apart from the exporters themselves, the entire chain of sub-contractors and suppliers would have to conform to laws relating to child labour.
A decision to this effect taken on Friday at a meeting held between labour minister Oscar Fernandes and women & child development minister Renuka Chaudhary, minister of state for commerce Jairam Ramesh and National Commission for Child Rights chairperson Santha Sinha.
Plans for child labour abolition in specific geographical areas of industry concentration would also be undertaken. They include Varanasi, Bhadhoi and Mirzapur for carpets, Jalandhar for Sports goods, as well as Surat and Bhavnagar for gems & jewellery.

Thousands crores wasted in Reviving Sick PSUs

"Corruption in India" Article no 2


Thousands crores wasted in Reviving Sick PSUs

To tackle corruption one has to have a clear understanding of the various dimensions of corruption. Corruption can be of various types with varying impacts on any given society. It is a well known fact that in India PSUs and government departments have become major breeding ground of corruption . In the name of running the government and PSUs thousands crores are pumped in each year with no results whatsoever.

In the important disclosure made under RTI Act by Department of Heavy Industies it revealed that even after the government of India pumped thousands of crores for reviving sick PSUs nothing tangible happened and turn around of these PSUs could be made. Mostly these units were closed down ultimately or are under the process of liquidation. This was tax payers money which was given to these sick units . Financial support is not only for VRS but money was given in the form of equity, interest free loan, waiving off of loan etc. with the hope that these units would be revived. Even after spending huge money in these sick units these units could not be revived. At the time of making proposals for revivals of these units a lot of promises in the form of high turnover and decent profits in few years are made. These promises are given on paper just for taking money from the government of India. Their promise and plans which are bound to be failed never materialize. After a year or so every body including CMD, secretary get change in the fast changing scenario of industry. Money is taken and siphoned off with impunity. In name of doing business and reviving the company those projects where personal interest of higher management and ministry officials are involved are taken . After some time these projects fail and so the money . But who cares for this.
If we analyse the data we will find that only one out of ten PSUs are revived with the efforts of government. In nine cases where money worth thousands of crores are invested go waste. Who is to blame for the scam which is going on since many years. We do not know any name of official who has been made responsible for the failure. In the collective responsibility no body is responsible. In the working of PSUs we find ministers take utmost interest in the reviving of company. These ministers who do not have a business sense of doing a small business take the decisions worth thousands crores . In PSUs thousands of employees work. In the name of helping these employees for which they also get the support from left parties money worth thousands crores get sanctioned from government of India. Once money is sanctioned first the arrears of employees are paid so that employees keep quiet. After distributing money to employees then work of starting projects begin . In the award of work of major projects the ministry dictate terms. Small works are kept for Directors or officers of the rank of GMs. Some directors who are left out in the award of works keep themselves satisfied by enjoying cars , air travels for self and family , free holidays at the expense of company. In a nutshell every body is satisfied except of tax payer whose money is actually spent in this process . .
Here are some the live examples of PSUs which were sanctioned revival plans but they could not be revived:
1. Hindustan fertilizers Ltd.
From the financial year 1998-99 to 2003-04 the company was sanctioned Equity/Plan/Non plan loan to the extent of Rs. 1275 crores. Now the company is under closure as approved by government of India.
2. Braithwaite & company Limited (BCL) Kolkatta
During 2005-06 Rs 4 crore was provided in the form of equity. Interest amounting o Rs. 43.61 crores was waived off on GOI loan till 31.05.05. Rs 69.30 crores of GOI loan was allowed into equity . Rs 167.30 crore was reduced from eqity capital by way of adjustment of accumulated losses. In addition From 2001-02 to 2005-06 the company was sanctioned Rs 57 crores but it could not be revived.

3. Braithwaite Burn & Jossop Construction Co. Ltd. (BBJ), Kolkatta

During 2005-06 Rs 4 crore was provided in the form of equity. Interest amounting o Rs. 30.73 crores was waived off on GOI loan till 31.05.05. Rs 13.88 crores of GOI loan was allowed into equity . in addition to this in 2005-06 the company was sanctioned Rs 2 crores but it could not be revived.
4. Hindustan Photo Films Manufacturing Co. ltd.
From 2001-02 to 2005-06 the company was sanctioned Rs 145 crores but it could not be revived.
5. Burn Standard Company Limited (BSCL)
From 2001-02 to 2005-06 the company was sanctioned Rs 251 crores but it could not be revived.
6. Bharat Wagon & Engg. Co. Ltd.(BWEL)
From 2002-03 to 2005-06 the company was sanctioned Rs 59 crores but it could not be revived.

7. HEC Ranchi

The company is engaged in manufacturing Iron casting , forging slab caster etc. HEC was referred to BIFR in 1994 and a revival package was approved in 1996. The revival package was declared failed by BIFR which on 06.07.04 recommended winding up of the company under SICA. Government went against the recommendation of BIFR and instead approved a revival package and financial restructuring of the company. GOI invested Rs 453.24 crore in HEC as on 31.03.04 with no concrete result. During 2005-06 government of India wrote off Rs1101.03 crore outstanding as loan and interest thereon. Plan loan as on 31.03.05 of Rs 15.27 crore was converted into equity capital. A non plan bridge loan of Rs 102 crore was released on 30.03.06 Even after spending so much the turnover of the company during 2005-06 was merely Rs. 171.53 crore.

8. HSL (Hindustan Salts Ltd. )
Outstanding loan and interest thereon amounting to Rs. 66.32 crore as on 31.03.05 was written off by government of India. During 2005-06 Rs 100 lac was also sanctioned for payment of pension to the pensioners of ex Salt Department.The turnover of the company during 2005-06 was merely Rs. 5.69 crore and net loss as Rs. 1.20 crore. Recently the CMD of the company was arrested while accepting a bribe of Rs 50000 from a contractor .
8. Cement corporation of India
From 2001-02 to 2005-06 the company was sanctioned Rs 366 crore by government but the company could not be revived.
Like above there are many other PSUs which after receiving financial support amounting to thousands of crore from government of India were closed down. In the attempt of reviving the companies government of India spent thousands of crore on them. Just pumping in the money is not the solution. Main area of concern is not lack of fund but inefficient management . If the government gives adequate thought on appointment of professional management the scenario can be changed. The present system of appointment through PSEB should be dispensed with. Instead PSEB should be totally revamped and appointing committee members should be taken from eminent personalities from corporate and management school. At present most of the appointments to the PSU board are political motivated. There is sufficient pull and pressure being exercised on PSEB members to select a particular candidate with political backing instead of selection on merit basis.
After the advent of globalization in India there are many industries which are facing intense competition from all over the world. PSUs of telecom, fertilizer industries are facing heat of the competition. With heavy baggage of surplus manpower and social cost these companies can not be expected to compete with thin private players. Pumping in huge money in these companies is like throwing money in bottom less pit. Had the government of India sanctioned smaller amount that too for making compulsory retirement of employees the government could have saved thousands of crore. Sooner these companies are closed the better.

Private Security Guards: Stop Their Exploitation

Episode no. 1 “Corruption in India ” Serial

Private Security Guards: Stop Their Exploitation
(By Ajit Kumar – A member of SDJ Team) 22nd Oct 2007

Security guards in their uniform with the non existent power creates a false notion about them as belonging to formal sector/organized sector of labour category having all financial benefits like decent pay with bonus etc. but the fact seems to be that working and living conditions of majority of these workers are even worst than a daily wage labour. These working force which is meant to protect lives and property of others find themselves totally unprotected. Behind every security guard standing before you in stylish and well stitched uniform there is story of exploitation perpetuated by their employers including large private and public sector companies. These companies in their books show heavy payments to various security agencies for deputing large number of security force in their premises but in true sense these payments do not reach to these innocents security guards because large amount is siphoned off by agencies in collusion with corrupt officials . These security guards are made to sign for a amount which is not given to them in real sense. They are given only a part of the amount they have signed for. It is not a small amount which siphoned off in the name of security but involves a large racket with amount running into hundreds of crores monthly. It is a very sorry state of affair that our government department and public sectors companies are also involved in this racket.
Security through private guards has become a common phenomenon especially in urban part of India. Similarly it is very common in mega city like Delhi. One can easily spot a private security at all nook and corners of Delhi in their variety of colorful uniforms. In the last decade the number of such guards and agencies employing them had grown with an accelerated pace. Delhi is no exception to that.
During the last decade there has been mushrooming growth of security agencies in Delhi and other major urban centres of the country. As per one estimate there are more than 5,000 registered and semi-registered security agencies in Delhi it self engaging more than 2,50,000 security guards. Apart from providing security to multinational companies, consulates, corporate offices, industrial units, residential apartments and VIP residences, they also engage themselves in areas of fire protection, surveillance services, cash van services, training services, security audits, house keeping services, utility services etc.
These security guards constitute a major part of unorganized sector Though unorganized sector constitute 80 % of total work force in India the unfortunate part of this sector is that they are not represented by way any credible leader or unions , associations etc. . Left or other national parties do have workers unions but that too in organized sector which constitute only a small fraction of total work force. The organized sector employees get all sort of benefits like bonus, medical , education etc. by doing just less than half of physical work against their counter part in unorganized sector. Frankly speaking nobody is there to hear their grievances and problems. When organized sector employees get regular pay hike with every increase in inflation rate those in unorganized sector are worst hit with no compensation whatsoever available to them from the government
Even though government has prescribed minimum wage for any type of worker but there are thousands of security guards who are denied even the minimum wages prescribed by government of India. Many security agencies though pretend to pay minimum wage to their security guards but they pay only part of total amount payable. Bound by law these security agencies get full payment from their principal employers but they end up paying only half of claim. One can imagine how hundreds of crores rupees is swindled by these agencies in league with corrupt officials.
For many lucky security guards their survival and livelihood revolves round the minimum wages prescribed by the Delhi Government that is Rupees 2592 per month. Looking at the number of security agencies and security guards as also their role in providing security to different sections of society, it is astonishing that there is no specific government department to register, provide direction and regulate these agencies. There is hardly any law or ordinance to safeguard their interest.
Workers drawn from different states are engaged in this profession and hence majority of them are migrant. The basic difference between those employed as security guards from other workers is their socio-economic and educational background. A good number of security guards are educated up to graduate and postgraduate level. Besides, a significant number of them are retired defence officials but they are hardly paid full amount of their due. Majority of security agencies does not follow the basic rules and regulations of labour departments while employing security guards. The terms and conditions related to employment are based on very ordinary contract, which leads to continuous oppression and dismissal. In a large number of cases security guards are not being even provided uniform by their employers. They work upto twelve hours a day, for a meager amount as low as Rupees 2000-2500 a month. They are rarely allowed to take leave even for a day in a month. Single day leave in emergency period without prior intimation often leads to dismissal from the service. They are not given any benefits under ESI and PF Act. Before joining an agency security guards have to pay Rupee 1000 on an average for dress, which has the market price of not more than Rupees 400. A guard is often dismissed from service just to recruit another one to grab Rupees 1000 of dress money, which fetch rupees 600 average for every new recruitment. Once dismissed from service they have to run from pillar to post to clear their dues with the respective agency.
SDJ plans to unravel these horrifying working conditions of private security guards and have come out with suggestions and recommendations to improve their working and living conditions. It is as follows:
1. There is urgent need of a viable act , legislation and a regulatory authority to safeguard the right and bring improvement in the working environment of these security guards. This will provide a shield to them so that they put forward their grievances at a suitable platform.
2. A proper directive and guideline should be given to all the security agencies employing these guards so that any discrimination may be avoided.
3. Seeing the mammoth growth in the size and number of these private security guards and the agencies employing them, there should provision for their stay and living facility.
4. There should a compulsory provision so that all the private security guards should get a minimum salary as prescribed and enacted by the government .. Although, Minimum Wage Act is in force but a few security agencies are following it. There should agencies to monitor the payment of minimum wages by security agencies to their security guards . It may be ensured that security guards get full payment against their monthly wage bill. Payment through cheque/ECS may be one of option of payment.
5. It may be ensured by a regulatory body that all security guards are registered with ESI , PF and get all benefits as per law . In order to ensure transparency , working of ESI and PF department requires major changes like computerisation etc. A smart card consisting their ESI/PF and other personal particulars may be issued to all security guards .
6. Principal employers mostly of them PSUs should ensure that the security guards employed in their premises through various agencies get all their dues in time and as per law. Strict monitoring on there part is essential. They should interact with ESI/PF authorities frequently to enquire whether amount paid by them towards ESI / PF etc. is being deposited regularly

RTI more powerful than ‘OSA’

In view of the transparency RTI more powerful than ‘OSA’regime ushered in by the 2005 Right to Information Act. according to Chief Information Commissioner Wajahat Habibullah the Government may undertake a review of the 1923 Official Secrets Act (OSA) after Major General (retired) V K Singh wrote a book on corruption in the RAW. Where there is a direct conflict between the OSA and RTI Act, it is the RTI which will prevail. The OSA cannot be used in a manner in which it is inconsistent with provisions of the RTI Act. Even documents marked secret or confidential, which would normally attract provisions of the OSA, can be disclosed since the discretionary provision is there in the RTI Act. And if these requests are turned down, the applicant can always appeal to the CIC and argue about the public interest served. With such RTI provisions, the relevance of OSA has become very limited.

Terrorism : Fighting it spiritually Gandhigiri way

Two people were killed on Thursday as thousands of Muslims were breaking their day-long Ramzan fast when a bomb ripped through the dargah of the Sufi saint Khwaja Moinuddin Chishti in Ajmer, a shrine in Rajasthan venerated by Hindus, Muslims and Christians across northern India . On March 7, 2006 twin blasts in Sankat Mochan Temple of Varanasi city left 28 dead, Blasts took place on Tuesday, when the temple is usually packed with devotees. On May 18, this year only 2007 14 persons killed, in blasts in Mecca Masjid Hyderabad . Blasts took place during Friday prayers.
All these blasts once again highlight the grave threats to secular fabric of India . While we mourn the dead and treat the injured, there is a need to reflect on the problem of terrorism and its huge implications for secular democracy framework of India . Over the next several weeks and months the focus will be on the investigation to track down the perpetrators. But given the frequency of these incidents in India and elsewhere, there is an urgent need to understand the problem with a view to formulating effective responses that are in consonance with the rule of law.
Bombs that are used in blasts do not differentiate its victims as Hindus or Muslims . The direct consequences of terror attacks are: one, they result victimisation of the people who get killed, are injured or otherwise affected. Two, the family members of the victims are also affected because of their loved ones being directly involved. Three, the society in which the terrorist attacks take place becomes a victim as the people develop a sense of fear and lack of freedom to pursue their goals. We can not label these terrorists as freedom fighters. There is a wide gap between a freedom fighter on one hand and terrorist suicide bomber on the other. The former sacrifices his own life alone, the latter also sacrifices the lives of innocent civilians; the former gives up his life so that innocent people may live, the latter gives up his life ( or sometimes just flee from the scene) so that innocent people may die. The former's action is life enhancing; the latter's is only a form of necromania..
It is important that we understand the problem of terrorism better. This is so that we can formulate counter-terrorism policies that are effective and also take into account the need for balancing human rights and civil liberties while protecting national security.
In this regard, the response to terrorism should encompass the following:
1. Tackling it spiritually and building strong Public Opinion against terrorism
Recent terror attacks are on both Hindu temples as well as on mosques . From these attacks at least it is clear that terrorists want to divide the country on communal lines by creating a rift between two strong communities of India. Time has come when the people of India understand the dirty design of terror and rise to the occasion to give befitting reply to these attacks. Political and religious leaders can play crucial role in mobilizing public opinion against terrorism. One way of showing disapproval to such acts of terrorism may be by way of observing a day fasting on mass scale on the next day of terrorist attack. Gandhiji went on fasting on several occasions as a spiritual discipline. Fast in the names of those innocents who are killed by act of terror, fast to show the people disapproval of these acts of terrorism , fast to show solidarity with those who are engaged to protect us from such evils of society . Fasting helps to express, to deepen, and to confirm the resolution that we are ready to sacrifice everything, [even] ourselves to attain what we seek for peace . Unleash the power of fasting to help you discover your inner power . A centuries-old tradition, fasting has historically been recognized as a way to heighten human sensitivity to all things . Fasting is soul power that will beat the psychology of the terrorist and stops his hand mid-air and makes him retreat from his action and thought without harming him, damaging him. Without the least bit of violence delivered to him. It is inaction, in action.
2. Reducing social and economic inequalities:
While it cannot be said that poverty and impoverishment are the causes of terrorism, reducing social and economic inequalities helps in dealing with discontent and marginalisation in society. Institutionalised social and income disparities over a period of time can result in people losing hope and a sense of despair can prevail. This can lead to the affected adopting violent and unconstitutional measures to achieve certain economic or political ends.
3. Strengthening the law-enforcement machinery
An effective law-enforcement machinery will be better equipped not only to appropriately respond to terrorism but also to develop intelligence and to provide proper training to officials in formulating counter-terrorism policies. India is faced with huge challenges relating to enforcing the rule of law. The criminal justice system is under severe stress and all institutions of governance suffer from corruption, mediocrity, and inefficiency, all of which undermine the effectiveness of the legal system. The fight against terrorism needs the support of the legal system and civil society whereby the law-enforcement machinery, including the criminal justice process, needs to be strengthened. This is essential so that acts of terrorism are thoroughly investigated, fairly prosecuted, and justice delivered within a reasonable time frame with due regard to the principles of equality and fairness. Unfortunately, in the Indian context, strengthening the law-enforcement machinery has been misunderstood to be the passing of draconian laws in the form of TADA and POTA, both of which have had a dubious track record of violating human rights and civil liberties, besides not being very effective in fighting terrorism. The development of a sound legal framework relating to anti-terror laws is necessary but not enough. Even with a good legal framework, it is not possible to effectively fight terrorism if the law enforcement machinery is not sufficiently empowered. It is important to recognise that the support of civil society is essential. The strengthening of the law-enforcement machinery for adopting suitable counter-terrorism policies ought to focus on the availability of necessary resources, proper training and support for the police and other institutions engaged in protecting national security, and most important, instilling faith and trust of the law-enforcement machinery among the people by reducing corruption and inefficiency.
4. Protecting basic human rights and respect for all :

The responses to combating terrorism should not deviate from the universal values of human rights and fundamental freedoms for all. The question of what should be done when the enforcement of human rights appears to clash with the enforcement of national security measures is the key issue in the aftermath of terrorist attacks. It is important to recognise the need for valuing human rights and promoting civil liberties so that democracies can create space for meaningful dialogue and debates while maintaining the notion of dissent within civil and political society. Any deviation from the rule of law framework will not only be ineffective in fighting terrorism but may also lead to further problems.
The anti-terrorism laws should be compatible with both the national and international human rights framework. The courts and the human rights commissions are best suited to ensure that such laws do not undermine the existing protection of human rights guaranteed under the Constitution of India and other laws.
(AJIT KUMAR)
29 VIGYAN VIHAR
DELHI

800 millions poor people of India

The spectacular cricket victory in Twenty/20 match, Sensex touching a new high , the India@60 celebrations in New York , TATAs acquiring Arcelor , Mukesh Ambani becoming the 5^th richest Indian globally — all these things do not matter much for 800 million poor citizens of India working in unorganized sector and struggling to meet their both ends meals. Though unorganized sector constitute the largest work force in India but they are not represented by way any credible leader or unions , associations etc. . Left or other national parties do have workers unions but that too in organized sector which constitute only 5-6 % of total work force . These organized sector employees get all sort of benefits like bonus, medical , education etc. by doing just less than half of physical work against their counter part in unorganized sector. Frankly speaking nobody is there to hear their grievances and problems. When organized sector employees get regular pay hike with every increase in inflation rate those in unorganized sector are worst hit with no compensation whatsoever available to them from the government . Strangely speaking judiciary also has turned hostile towards them. Ironically, PIL, which started by trying to make justice accessible and fundamental rights real for the exploited and oppressed sections of society, today is being used to mount attacks on the poor and marginalized. Today, slums are being demolished on the orders of the court. In fact, the pleas of the executive and legislature to have a relief and rehabilitation scheme before demolition are brushed away and the courts are rendering lakhs of people homeless in an attempt to beautify cities for the elite sections of society. Thousands of workers are being rendered homeless by the apex court ordering the closure of industries. In each and every sphere the trend is clear. Postulating a people versus environment paradigm and evicting tribals from huge tracts of land in the name of sanctuaries, national parks and tiger reserves is also being done on the orders of courts.

The quality of India’s policies, institutions and governance , judiciary leave much to be desired. Other countries with such problems have often suffered bloody revolution , economic stagnation or collapse . Yet India has accelerated to 9% for four years, a feat rarely achieved in history. Textbook theories cannot explain this. But we can ill-afford to overlook the compelling needs of the 800 million people who remain poor and vulnerable even while we celebrate our new prosperity

CIC orders for Review of Health insurance scheme for weavers

It is good news for the general public that CIC is very much serious about the matters relating to the welfare of generals public. In a recent order the CIC took it very seriously and ordered a central ministry to implement health insurance scheme. The Central Information Commission (CIC) has asked the Union Textiles Secretary to review the implementation of health insurance scheme for the weavers and submit a compliance report within a month. The matter came up before the commission after a weaver from Varanasi, Rustam Nawaj, invoked his right to information to seek details on action taken report from the textile ministry on an earlier representation submitted before its Union Minister. Nawaj, along with his associates, had filed their representation with the ministry, in January this year, alleging non-implementation of health insurance scheme for weavers. The Ministry's information officer in its reply said that the health insurance scheme had been implemented through a private insurer, ICICI Lombard General Insurance. The matter was brought before the CIC after the applicants alleged that their complaints were not looked upon seriously, while further stating that the promises made as part of the insurance scheme were never actualised. Nawaj also raised his grievances over the lack of proper implementation of the scheme by the insurer.

'Harassment' drives RTI activist to suicide

Right to information and right to life, both seem to have been casualties of corruption and abuse of power in Nanded district last week.
The police are investigating the possible role of a health department official in pushing a young right-to-information activist from Mukhed, some 75 km from Nanded, to suicide.Jaipal Chavan, a government hospital superintendent, was named in the suicide note of Shivam Jankuatar (24) for having brought the activist “social shame by lodging a false criminal complaint against me”. On Wednesday morning Jankuatar handed the note to people at the local taluka office and consumed poison on the premises. The note maintains that Chavan had lodged a false case because Jankutuar was attempting to expose corruption by asking the official for copies of expenditure bills under the Right to Information Act. On September 22 the local police had booked Jankutuar for extortion after receiving a complaint from Chavan. State Information Commissioner Suresh Joshi said a report had been sought on the incident from authorities in Nanded, which is about 650 km from the city. SP Singhal said the extreme step of suicide was mysterious, and the police were also inquiring into the kind of information Jankutuar had sought

Mahatma Gandhi : Need for serious introspection

Bapu is identified with many values and principles which he practiced with great conviction but at the core were his belief in non-violence (ahimsa), truth, honesty and rectitude in personal and institutional conduct.

Bapu lived and died for secular India. But what happened in 2002 in Godhra Gujrat . The 2002 carnage will remain a blot on the face of India. Even after five years of this dastardly incident, the hapless victims are yet to receive meaningful justice and the perpetrators are free .

Bapu led the country by giving his own example of clean life . But see what has happened to his India . The corruption index accorded to India by Transparency International. India is ranked at 72 and is deemed to be just above the benchmark for "rampant" corruption. Regrettably the world's largest democracy is largely corrupt. The Indian system has become so distorted ,corrupt and manipulative -- that commitment to Gandhian values is considered to be a sure path to failure by young India. Thus corruption is rationalised at every level and the cynical quip now is that if Rajiv Gandhi as an earnest young prime minister in 1985 bemoaned the fact that only 15 paisa of every rupee allocated by the state was actually utilised for the given purpose, the figure has slid down now to five paisa! . An increasingly state apparatus where even chief ministers, chief secretaries and DGs of police have led the charge in (mis)using their high office for personal gain makes mockery of the Gandhian concept of a 'public servant'.

Equitable justice in an independent India -- a Gandhian objective -- remains a mirage and the courts are clogged with pending cases that go back to three and four decades! At last count, the total number of cases pending before courts in India totaled 2,59,00,000 (2.59 crores) of which the apex court accounted for 43,000 and the high courts had 98,00,000 (98 lakhs) pending with the rest floundering in the lower courts. And the degree of corruption and bribery that is rampant in the system makes a mockery of the centrality of the rule of law in a normative democracy. More recently the stand-off between the judiciary and the media over 'contempt' vis-�-vis a former chief justice of the Supreme Court and the tenet of freedom of speech reveals the brittleness inherent in the system and its inexorable drift from the Gandhian dictum of institutional rectitude and transparency in public life.

Wiping the tears of the most oppressed in society and giving them succor remains central to the Gandhian vision and the mismatch between rhetoric and reality in the current Indian context is glaring. The Sachar Report draws attention only to the Muslim community but much the same could be said of many minority constituencies such as the tribals and other disenfranchised groups scattered in rural and urban India.

Gandhi Jayanti calls for a serious introspection by all of us - about the mismatch between the rhetoric and the reality that is India.

Mahatma Gandhi : Do we need another Mahatma

The greatness of a man is realized when his life influences and inspires people to change for the better. Such was the Mahatma's life that even decades after his death, people drastically changed their lives for the better. Though Gandhi was not tall and well built his indomitable will made him a man few would think of opposing. His desire for justice and equality for people of all castes and creeds made him popular with the masses. The poor and simple folk identified with him due to his simple lifestyle. His honesty and belief in loving the enemy, even at the cost of his own life, endeared him to his friends and foes alike. His non violence brought him international recognition and followers. If we are under the impression that the Gandhian age is over because 60 years have passed since Gandhi assassination, we are wrong. It is quite likely that the Gandhian era is just commencing, that what we see are the first indications of that new beginning. Tomorrow belongs to Gandhi wherever there is resistance against the forces of death, wherever there is injustice, wherever there is repression unleashed by oppressed Gandhi is present. About this, we must firmly convince ourselves.
We are today passing through an extremely critical and controversial phase of terrorism. The climate of terrorist violence is explosive. Terrorism is being used every where either with enthusiasm or with fear. In recent years, we have witnessed terrorist violence affecting almost all countries. Even the so-called advanced, affluent nations suffer from the menace of terrorist violence. In such circumstances the teachings of Mahatma also become more relevant.

Courts, tribunals beyond purview of RTI Act: CIC

: In a significant decision, the Central Information Commission (CIC) has ruled that judicial proceedings of courts and tribunals are beyond the purview of the Right to Information Act.

"A judicial authority must function with total independence and freedom, should it be found that an action initiated under the RTI Act impinges upon the authority of that judicial body, the commission will not authorise the use of RTI Act for any such disclosure requirement," the commission said.

Section 4(1) of RTI Act does not apply to judicial proceedings conducted by a court or tribunal as it refers only to administrative and quasi-judicial decisions of public authorities, the CIC added.

Terming any intrusion with regard to judicial work as "unnecessary", a full bench headed by chief information commissioner Wajahat Habibullah noted, "Judiciary is independent and all judicial authorities including all courts and tribunals must work independently and without any interference insofar as their judicial work is concerned."
Dismissing the applicant's plea that anyone seeking inspection of records should be allowed on payment of prescribed fees, the commission said the RTI Act gave "total discretion" to the court or the tribunal to decide as to what should be allowed for disclosure. The commission, which has remanded the case back to the president and appellate authority of ITAT to determine the issue of disclosure of information, made it clear that any remedy, if available, to the applicant shall only be under the Income Tax law.

Discussing at length the differences between the RTI Act and procedures prescribed by High Courts or tribunals in providing information, the bench observed, "Neither provision prohibits or forbids dissemination of information or grant of copies of records."

Police Torture and Human Rights voilation

An ordinary thief was tortured by the Police in Bhagalpur of Bihar which shocked the entire country at a time when the government of Bihar is trumpeting its achievements as good governance. A Human Rights organization People’s Watch has monitored and analyzed the case of police torture in four districts of Bihar i.e. Patna, Bhojpur, Nalanda and Nawada. In this study the cases included are Police torture, fake encounter, torture of women, custodial death, Lathi charge, Police firing and negligence in duty which took place between July 2006 to June 2007. The study reveals that out of the total victims in these cases of Police torture 76 percent victims are male and 24 percent are female But the way cases of police torture and Dalit atrocities are increasing is a big question mark to the existence of good governance in Bihar. Police torture is the worst forms of human rights violation which can not be tolerated. There is highly need for the government to take strong action to stop police torture. The Constitution of India guarantees the right to life, equality, liberty and dignity of individual to its people and the state has duty to protect these rights. The good governance can not be established till the human rights are protected.
From the line of caste it shows that 47.5 percent victims are from the Dalit community which is the highest followed by the backward community with 31 percent and 21.5 percent of higher caste. If one looks to all these cases in the occupation wise one finds that 45 percent victims are daily wage labourers. Beside them 9 percent students, 5.4 percent house wives, 3.6 service holders and 38.4 percent victims are from the other walk of life were subjected to police torture. The most startling fact is that in 47.7 percent cases, perpetrators (police or private persons) have lodged criminal cases against the victims. The 7.2 percent of torture victims have died up till now and 5 percent cases of police torture have been compromised. The study also reveals that highest number of torture case, which is 32 percent took place in the police stations. 27.5 percent at home, 22.6 percent in village or outside village and 17.3 percent elsewhere. The perpetrators are 57.8 percent constables 28.5 percent sub inspectors, 9.8 percent inspectors 2.5 percent Dy SPs and 1.4 percent higher officials. The data clearly shows that the lower ranks in police are responsible for the majority of torture incidents.
Here the question arises that why police inflict torture on the people? The State Director of People Watch and former District & Session Judge Abhaya Shanker Prasad discloses that the main purposes of police torture are to acquire information from the people, punishment to the accused, intimidation and teaching a lesson for future. According to him the police commit fake encounter to get overnight promotion in service, to get reward, and to get high amount of money but some time inhuman act of fake encounters are done under political pressure too.
The society is also not less responsible for the incidents of Police torture. It can be said that the society as a whole has become violent and believe in instance justice. The majority people whether they are Advocates, Teachers, Doctors or common men support the Police torture and also deny human rights without a second thought. They question, what for the police is if not for beating? In such a state how can only Police be blamed for torture? If police torture need to be stopped then every one should be made aware of human rights and torture. One must start practicing the human right within, in the family and in the society. There is a thrust need to work towards the accountable and transparent system of governance so that the very human rights of the people can be protected.

Common man most hit by corruption

Chief Justice of India Justice K G Balakrishnan on Saturday said the common man 'is hit hard by deep-rooted corruption' in the country and indicated that the public distribution system (PDS) was in shambles.

Corruption's victim was the common man, who had no mechanism to redress his grievances, he said inaugurating the ninth All-India Lokayuktas/Lokpals/Upalokayuktas Conference 2007 here.

"It (corruption) is deep-rooted. We are not able to curb corruption in public life for various reasons," Justice Balakrishnan lamented, adding "beneficiaries" of corruption were blocking efforts to curb the menace.

He said that in some states not a single grain reaches the common man. He asked as to how long will this poverty continue. People should be sensitised and educated otherwise corruption will continue.

He said that good governance is required in the country. "Every citizen is entitled to have good governance. We should have good governance in all walks of life".

"Because of corruption and non-action of police, people have started to take law in their hands," he said.

In a message to the two-day conference, Prime Minister Manmohan Singh said his government was committed to the policy of zero tolerance while dealing with corruption.

Delaying tactics under RTI Act

With best intentions, the UPA government passed an unprecedented piece of legislation in the form of Right to Information Act. It is a real step forward in the direction of peoples empowerment , transparency in the working of government offices and the accountability of the bureaucracy . But the bureaucracy has never been in favour of this kind of legislation. They have always thought themselves to be masters not the servants of the people. As a applicant under Right to Information Act we have varied experience sweet as well as sour. We found that in large number of cases they have reconciled themselves and are willing to share information they have. But in many cases we have also noted that they are not cooperating . In some cases they are adopting delaying tactics . Here we are giving some tactics employed by them where wish to stone wall themselves and refuse to accede the request. With more and more incidents of Government officials not acceding to requests under the Right to Information Act or not providing the correct information under the RTI Act, it is high time the state government imposes some more stricter penalties which will make these officials comply. For delaying the information these officials are adopting various tactics to avoid penalty prescribed under RTI Act. Some of the tactics being adopted by them to delay the information are as follows:

1. Documentation charges : Under Section 7(3) of RTI Act documentation charges is payable at the rate prescribed under RTI rules no 4 of RTI Fees and Cost rules . At present documentation charges is Rs 2 per page . It has been our experience in many cases that the obligation on the part of applicant to deposit fee is misutilised by most of PIOs. Some times PIO of a public writes a letter to the applicant just one or two days before the limit period of 30 days to deposit the documentation charges for “X” number of papers on adhoc basis even though the information in many cases are not ready for dispatch. In this process of writing letter and reaching the same to the applicant PIO gets extra time to gather the information thinking that applicant may not come forward to deposit the amount or if he comes then they will start compiling the information. In some cases like MCD once a applicant goes to deposit documentation charges as demanded he or she is asked to deposit fees at a office which is located at different place 4 to 10 kms away from the PIO office..

In some cases PIO will demand a huge amount as documentation charges from the applicant in order to furnish the desired information. In case the applicant demands to see the information before depositing the money in order to verify the contents of information as per his requirement or not it is bluntly refused.

Central Government Employees Welfare Housing Organisation : The interpretation given by PIO CGEWHO to the provision under Section 7(3) is quite different from others and interesting. In its reply to a application the office wrote a letter to applicant to deposit Rs 10600 as cost of collection and collating the information. As per their contention this cost includes the salary of those employees who will be deployed by them in collecting the information. As per their contention the cost of collection of information is in addition to the documentation charges prescribed under RTI Act.

2. Diverting of resources disproportionately: The exemption provision under Section 7(9) is being misused by many public authorities with impunity. If some one demands an information from a public authority for which the authority has to make some extra effort in digging out the information , many public authorities are taking refuge under this provision with a answer that providing of information will divert the resources of public authorities disproportionately. This plea is being taken not by any small company with little resources at their disposal but by big Fortune 500 companies like Indian Oil , BPCL, BHEL etc. In the Act there is no clarity as to what will constitute as diverting of resources disproportionately.

3. Commercial Confidence : Exemption under Section 8 (1)(d) gives power to PIO to deny information in the name of commercial confidence . This exemption provision is being misused by many renowned companies like Indian Oil, NTPC etc. Copy of Internal Audit which gives full account of internal deficiencies was denied by NTPC , Indian Oil under the garb of provision of commercial confidentiality . The RTI Act is very much clear on this issue . It states that commercial confidence matters are those papers by which the third party competitive interest is not affected . By disclosing the internal audit reports no third party interest is infringed but still information is denied .

4. Visit to office : In some cases PIOs instead of providing information insist for applicant visit to their office and clarify them the need for information. It is surprising that the same information is being supplied by other authorities without any difficult . This is only delaying tactic which many PIOs adopt.

Above are only few instances of how public authorities adopt delaying tactics in furnishing the information . There are other methods also which are adopted by some authorities to skip the information. Under Section 7 (3) application has to be transferred within 5 days from one public authority to different public authority is case if application is closely related to another. We have found that in many cases application is transferred much after the prescribed 5 days , some times 15-20 days. Irony fact is that transferee public authority again takes 30 days for furnishing the information to applicant where as 15-20 days have already passed.

It has been found that in most of cases Appellate Authority also take the same stand as was taken by their PIOs. After rejection of information of appeal by Appellate Authority the next appeal lies with CIC. Here also it takes months to fix the date of hearing as thousands of application are already pending . In RTI Act there are provisions for deducting penalties from the salaries of errant officials. In very few cases penalty by way of deduction from the salary has been imposed by CIC . Merely deducting of salaries is not sufficient because if one considers the people who are involved or who are being penalized then this is a mere pittance. Either the state government passes a law that if the person continues committing the same offence either dismissal or a jail term. Government officials should be made aware that they have certain responsibilities to the people. That they are government servants and have to be responsive to what the people want. The fact that information is being sought under the Right to Information Act, indicates that something wrong has happened. So it is beneficial to all that the correct information is given immediately and correctly. By providing false information or delaying the process, the government officials are indirectly becoming accessories to that mistake which goes against the Right to Information Act. Therefore it is high time, that the state authorities strengthen the punishment and ensure that once punished these officials do not commit the same mistake again and is a lesson to others not to do the same.

Registrar office works only after RTI application is filed

Mrs. Leena Singh a resident of Delhi wanted to get her property at Rohini freehold.She approached DDA to get the all formalities completed . After making 5-6 visits to DDA and one and half year she was told that her property could not be made freehold because she did not have original leasehold papers which she lost with her . Her repeated plea to freehold her property and ignore the originals which ultimately had to be canceled was not accepted by DDA. She was asked to approach Sub Registrar to get a certified copy of lease papers. After that she made 3-4 visits to sub registrar office at Kashmere gate but of no avail. The officials told her that they were not able to trace the papers and are making all efforts to trace the papers. She understood what they wanted. She had decided that she would not pay a single paisa as bribe. After wasting two months she decided to file a application under RTI to know the status of her request. After one week only when her application reached the correct place she got a telephone call from registrar office asking her to collect the papers the same day. She went next day and collected the papers . Now she is thanking RTI Act which came to her help ultimately. She also got her property freehold without paying a single rupee as bribe but after a gap of nearly two years . Patience in such matters always pays.

Use SDJ RTI bank to combat corruption

For those who want to use the Right to Information (RTI) Act but are unaware about procedures, Society for Development and Justice (SDJ) a NGO plans to set up an RTI help desk for providing all relevant help to the prospective applicant. Due to increasing awareness on RTI, there is a growing urge in people to use it. But many are unaware of the process. SDJ is opening a RTI Help desk which would be a ready reckoner for such prospective applicant

SDJ is also planning to start a RTI Bank and keep the copies of all applications filed under RTI and keep the all information so collected under one roof for the information and use by others. It would also provide the names and addresses of PIOs , appellate Authority and assist the applicant in writing and submitting the application. SDJ will guide them in knowing the process of filing applications. It will also keep the applicant informed about the progress in their respective cases if application so filed through SDJ .

SDJ will file all the documents and save the copies under one roof like a bank. The citizens can have access to these documents to know the important information relevant to them . This will also help in reducing duplicity of queries. This will save people and administration’s time and energy as applications of similar nature would reduce. This could result in faster disposal of applications. In fact, having catalogues like a library would help people in locating the required records faster.
SDJ has already collected some of the important information such as details of projects/works/events undertaken ,Details of Work outsource including AMC/ housekeeping /installation,Details of expenditure on Road Carpeting/ Repairing/ Maintenance/ cleaning/ Horticulture/Road Divider(in the middle),Details of expenditure on Consultancy/Survey/ Experts/Professional services hired,Details of application received for grant/financial support to NGOs/individuals/groups/ companies ,Details of Expenditure on Advertisement/Publicity/Exhibition,Details of Expenditure on major welfare /educational /health scheme , details of expenditure/service provided on customer/Audit party/ Ministry officials/ Ministers/Ministerial staff,details of works order /Purchase order issued without inviting tender etc. from various PSUs , government departments and kept them under one roof. These information so collected can be seen and analysed by general public without paying a paisa. The information so collected is being analsed by SDJ team itself for taking further necessary action. It is requested to all law abiding citizens to see and analyse these information kept at SDJ office and help SDJ in digging out true information from these authorities. It will be a great help for a noble cause . Some of the important information so collected have been scanned and shown on website of SDJ http://rti.sdjindia.org . SDJ can be contacted on phone 011-43023127 or email rti@sdjindia.org

Smells like a scam: ONGC dealt with 14 firms secretly

In a application filed under RTI Act it became known that ONGC the public sector corporation entered in with 14 different client / firms for allegedly "dubious" gas deals .The Central Information Commission and has pulled up the Navratna giant, Oil And Natural Gas Corporation which sold gas to 14 consumers or companies between 1985 and 1992 without taking sufficient financial security.The CIC is miffed because the ONGC declined to name these 14 companies, despite these owing ONGC a principal arrear amount of Rs 16.18 crores. The interest between 1992 and 2004 has gone up to a whopping Rs 55.04 crores.Thus the total that the companies owe to the ONGC is a staggering Rs 71 crores. In a strong judgment, CIC has also blamed the corporation for making no earnest effort to recover the money."There seems to be a willful default by these companies and lack of effort on part of ONGC to recover the loan,” said Information Commissioner MM Ansari.An appeal filed by an individual called S K Jain was upheld by the CIC where he had demanded the names of these 14 defaulters be made public along with the amount they owed the ONGC separately.The commission sees no reason as to why these names should not be disclosed. This is perhaps for the first time that a public sector big name is facing the wrath of the CIC.This judgment by the central info commission should be seen as a wake up call for all those public sector companies who have displayed laxity while dealing with public money. Clearly it's the larger issue of accountability and responsibility concerning public sector companies which is on the information commission's radar.

Asks Governor to withhold his consent

The Commonwealth Human Rights Initiative (CHRI) while describing the Right to Information (Amendment) Bill of 2007, adopted by the two houses of the state Legislature, as ‘half-hearted effort’, has urged Governor, Lt Gen (Retd) S. K. Sinha, to withhold his consent on the plea that the Bill had a number of lacunae.

The State Legislature has made some amendments in its existing Right to Information (RTI) Act, claiming to make it at par with Central Act. However, the rights body stresses that the amendments need lot more amendments.

In a communication to the Governor, the Human Rights body has requested Sinha to withhold his consent to the Bill under section 78 of the state constitution.

"The amendments to the RTI bill were inadequate and do not provide citizens seeking information from the public bodies in Jammu and Kashmir the same guarantees and protection available to people in other states,” the rights body remarked.

It has also been requested the Governor to withhold his assent till the state Legislature makes the Bill at a par with the central act passed in 2005.

Panel pulls up IFCI for dodging RTI Act

When a Mumbai-based lawyer filed a request with the Industrial Finance Corporation of India (IFCI) under the Right to Information (RTI) Act, a response wasn't forthcoming.

Industrial Finance Corporation of India produced a certificate from the government that said it wasn't a ‘public body'. Therefore, the company argued, it was outside the purview of the RTI and did not have to respond to the request.

But he persisted and went to Sebi, the stock exchange regulator. Because Sebi is a public body that comes under the RTI's canvas, it could be approached for information on another company controlled by it.

Having done that, he also went to the Central Information Commission (CIC) challenging the validity of the certificate issued by the government. In a recent ruling, the CIC pulled by IFCI, declared the certificate it held ‘invalid' and urged government departments and ministries to refrain from issuing such certificates. "Whether an entity is a public authority or not is to be determined only under the RTI Act," it ruled.

In July 1996, IFCI had made a public issue of five types of bonds. It collected about Rs 1,237 crore, including a green-shoe option from the bond issue. In 2003, IFCI decided to exercise its call option and asked bond holders to submit the bonds by a specified date.

State Bank of India cards under RTI net

The Central Information Commission has ruled that SBI Cards -- a joint venture between state-owned SBI and General Electric -- is a public authority, allowing customers to seek any information about the entity under the Right to Information Act.

Disposing of separate applications by SBI Cards customers Arun Kumar Verma and Dileep Ayachit, CIC has directed the SBI to take a decision on setting up a proper information redressal mechanism within 15 days.

The CIC has given SBI the option to either designate its own officers for providing information about SBI Cards or set up a separate mechanism within the subsidiary to provide information under the provisions of the RTI Act.

"...SBI, being a public authority, should ensure that some agency is available to answer the citizens when they seek information about their own cards. It can not wash off its responsibility after having allowed SBI Cards to use its brand name and logo," Information Commissioner Padma Balasubramanian said in his decision.

The card holders filed the application with CIC after SBI and the Reserve Bank of India (RBI) turned down their request for information on the ground that SBI Cards was not a "public authority" within the meaning of the RTI Act.

The CIC ruled that SBI Cards was a public authority as SBI owns more than 51 per cent shares in the JV.

Pay zero bribe with the new Rs 0.0 note

Fifth Pillar India, an NGO set up to fight corruption, has printed over 200,000 zero-denomination notes that resemble Indian currency and has begun distributing them around the country. It is asking people to give the notes to anyone demanding a bribe. Fifth Pillar will launch the “zero rupee currency note” campaign in Coimbatore on Saturday.

The NGO launched its 30-day-30-district campaign, called “Freedom From Corruption”, on August 4 in Chennai and will end it on September 9. It consulted leading lawyers in Chennai before printing the “zero rupee note”, which resembles a Rs 50 note in colour and is slightly bigger than a Rs 1,000 note. “Instead of the usual ‘I promise to pay the bearer a sum of x rupees’ pledge on a currency note, the replica will carry the pledge ‘I promise neither to accept nor give bribes,’” Fifth Pillar India president (operations) M. Vijayanand told this newspaper.

As the note is being distributed across the country, the pledge is printed in the respective State languages. “The notes are aimed at sending across the message that enough is enough and we are not willing to pay any more bribes,” he said. A software professional from the city who founded the NGO in Chennai many years ago conceived the idea as he felt corruption was a big issue and the zero currency notes would drive home the message. He is currently working in the US and visits India now and then.
The zero rupee note does not carry any government symbols or emblems. The watermark, which is characteristic of a currency note, is absent and the notes are devoid of the signature of the RBI governor. A distinct circular seal on the notes states: “This is not a currency note.”

The organisation will hold a public meeting at the Government College of Technology campus on August 25 in Coimbatore to launch the “zero currency” and the Coimbatore chapter of Fifth Pillar India will distribute the notes, or mail them to people later. About 20,000 notes will be distributed in Coimbatore in the first phase.

Coimbatore is the 13th district where the notes are being distributed. Some of the other places where the currency notes have already been launched are Thriuvallur, Vellore, Kanchipuram, Vizhupuram, Puducherry, Salem, Trichy, Madurai, Thirunelveli, and Kanyakumari in Tamil Nadu. The notes are already in circulation in Visakhapatnam in Andhra Pradesh and in Mumbai. A 24-hour call centre will be set up in Chennai to help people who need assistance dealing with corrupt officials or authorities. The call centre will empower the public to use the Right to Information Act. The service centre will register complaints on corruption and make sure that justice is served, Mr Vijayanand added.

I-T dept seeks exemption of RTI Act

The income-tax department has asked the department of personnel and training to amend the Right to Information (RTI) Act to shield itself from unsolicited queries on its investigations.

The RTI Act has exempted the department of revenue intelligence, Intelligence Bureau, Central Excise Intelligence Bureau and the Enforcement Directorate, which are in the Schedule-II of the Act. The Central Board of Direct Taxes has written to the department of personnel and training that its investigation wing should also be exempted as its nature of work was similar to these agencies, a government source said.

“Most of these agencies exchange information with the income-tax department, which could be very sensitive in nature. Since these agencies have been exempted from the purview of the RTI Act, it is logical the income-tax department’s investigation wing should also be exempted,” he said.

The investigation mainly involves search operations to nab tax evaders. These searches, and any other investigation activity, usually involves department’s trusted network of informers, whose information is crucial to cases. These informers could get into trouble if exposed under the RTI Act and could be harassed by the affected parties, the source said.

Recently, the Central Information Commission had turned down an appeal by First Global’s Shankar Sharma seeking details of investigations carried out by the income-tax department. The department had raided the stock broker’s premises in 2001 after the Tehelka sting.

Though the department draws comfort from the decision, it wants to prevent anyone filing an application under the RTI Act to find out details about its investigations. The department has also conveyed its objections against bringing scrutiny under the purview of the RTI Act as the selection was carried out by a computerised system.

RTI in jail: Inmates wake up to their rights, living conditions

For the first time, with the help of Right to Information Act, inmates at different prisons of the state have inquired about their term status, section they have been booked, status of state prisons, jail officials and other details.
Officials said with the involvement of inmates, the communication gap between the inmates and officials will bridge and that would bring in transparency in their work.
Speaking to a reporter Jailor R P Singh said, “Interestingly, the inmates have asked various questions like their term, jail officials etc. We have prepared a record book, in which the queries are noted down. Then it is passed to the concerned official. We try to provide the information as soon as possible.”
Advocate Rohit Kant said that “it is a positive sign that inmates are getting aware of their rights and are using the Right to Information Act”.
Sources said though inmates can also collect the details from the court, but it seemed that they prefer more on using RTI Act.
The provisions of the act give rise to several communication issues. The public needs to be made aware of its right to seek information from the government, and the administration on its part has to be reassured that the act is pro-government in enhancing accountability and bringing people closer to governmental processes, officials in the state Jail Department said.

Millions Rupees spent on flowers decoration.

In a country where more than sixty percent of population is poor,live in villages,where thousands of people die each day because of improper health care and malnutrition , where roads are not available to all and if available are full of serial potholes, where drinking water is not available to all and if water supply is available it is packed with disease, can the expenditure of Lacs of rupees from Tax payer pocket on decoration by flowers in ministers Bungalow and offices be justified.
In a information furnished under RTI it revealed Indian oil spent Rs 4 lacs in a year on such flowers decorations. Ministry of Textile came out with startling figure of Rs. 5 lacs. If we calculate the figures of government offices the figure will be in crores. Can this unproductive expenditure from poor pocket be justified.

Rs 25 lacs wasted on fake NGOs

In a copy of Audit report obtained from Social Justice Ministry it revealed that Rs 25 lacs were sanctioned to those NGOs which in due course of time became untraceable. Effort made by ministry has proved to be futile.
What action ministry is taking against those who proposed and approved such sanctions to these NGOs.

Doctor Held For Allegedly Killing Scribe for demanding information under RTI

17th of August 2007 An orthopaedic surgeon here was arrested for allegedly murdering a journalist who had run up unpaid bills and who tried to get information about the doctor's hospital under the Right to Information Act.

B.P. Singh, who owns the Prayag hospital, allegedly hired goons to attack Mahesh Vats, who died after battling for life at the Metro Hospital in this satellite town of New Delhi.

Vats, who had apparently paid Rs.7,000 against a bill of Rs.35,000 for an injury a few years ago claiming that treatment at Prayag was ineffective, was attacked Thursday morning. In June this year, Singh had moved a city court to recover the remaining amount, and the court reportedly directed Vats to pay it up. But Vats instead filed an application under the Right to Information Act seeking information from Noida authorities about illegal construction in Prayag hospital.Vats' family and friends have alleged that the doctor had a long-standing money dispute with him. He hatched a plan to abduct Vats and tried to murder him in collusion with the hired goons, they say. On Thursday morning, an unidentified person rushed Vats, 38, to the Prayag Hospital after a speeding Alto car hit his two-wheeler from behind. The driver of the car managed to flee the spot. After admitting Vats, who writes for Shah Times, in Prayag Hospital, the stranger left the place. When policemen went looking for the injured Vats, they saw Singh treating him in a general ward. When the cops intervened, Vats was shifted to the intensive care unit. The journalist was later shifted to the Metro Hospital and placed on life supporting system. He succumbed to his injuries after few days of his admission in hospital.

Estate dept data is now a click away

Weary of repeated rounds to the local ward office and unsuccessful attempts under the Right To Information Act for knowing the status of a municipal open plot run by a charitable trust? The information will soon be readily available on the click of the mouse.BMC’s estate and land management department has initiated the process of updating the status of all 5,500 municipal properties, most of them located in plush South Mumbai areas and of prime value, on the Internet. This will include 4,176 plots allotted on lease and other vacant properties, acquired and conveyed plots etc. The area of the plot, the name of the owner/lessee, terms of agreement with the BMC, nature of use of the plot, breaches if any committed by the party, ready reckoner rates will also be listed.
Presently, several, affected by the misuse of many such plots, especially those leased to charitable trusts and NGOs, flock to the ward offices or the estate department for information. Many return empty-handed.The system will promote transparency. Not only is a citizen entitled to the Right to Information, it is our Duty to Inform people about the management of these plots

Dubious Promotion nullified : thanks to RTI

Often, tainted government servants, who know how to pull the right strings in the corridors of power in Gandhinagar, get to keep their job despite a vigilance inquiry pending, and are also promoted.

But then, dubious efforts of a public office can be thwarted as has been shown by a commoner who used the Right to Information (RTI) Act to bring this issue to the fore and even nailed some top ranking officers of the health department for helping the tainted official.

Ashwin Patel, who is a drug manufacturer himself, had asked whether the promotion of assistant depot manager of the Central Medical Stores Organisation (CMSO) RS Shah can be considered legal or not. Shah was chargesheeted by his own department and a vigilance inquiry too was pending against him. At the end of the exercise, Shah's promotion was withdrawn on Friday.

CMSO is the nodal body in the health department responsible for procurement of medicines and surgical goods for government hospitals across the state. The issue had come up for hearing before the state chief information commissioner R N Das on July 17. Despite several appeals, Patel was refused information regarding the status of the vigilance proceedings pending against Shah. Das pulled up both the director CMSO Manorama Shah and the principal secretary for persistent denial of information.

What was more appalling, was the fact that even the principal secretary had admitted in a reply to Shah dated September 22 last year, that the promotion given to R S Shah was malafide and irregular.

Patel procured under the RTI Act two letters—- one written by the under secretary dated October 30, 2001 and the other written by a vigilance officer on October 11, 2001, categorically informing the department that it had been decided to initiate departmental enquiry against him. So perturbed were the health department officials that they never allowed Patel to even inspect the files pertaining to Shah's vigilance inquiry under the RTI Act.

Shah's promotion was ordered on February 8, 2002 by the departmental promotion committee (DPC) of the health and family welfare with the recommendation of the Gujarat Public Service Commission (GPSC). Interestingly, on the same day the director of CMSO had issued a chargesheet against Shah.

Three days later, all departmental proceedings against Shah were stalled and on February 21, 2002, Shah was exonerated from the charges.

Das categorically noted that the matter raised by Patel had merit as it seeks to promote transparency in the working of a public authority. On Friday, Shah's promotion was nullified.

Officers denying information under RTI can be jailed

The government will come down heavily on officers who do not respond to applications seeking information under the Right to Information (RTI) Act regarding rural development work.

'We will not spare any officer found erring when it comes to giving information under the RTI Act,' Minister for Rural Development Raghuvansh Prasad Singh said here .'Such officials will go to jail.'
The minister's comments came when it was pointed out to him that a politician-bureaucrat-contractor nexus in Assam was harassing people who sought information on rural development work under the RTI Act. He was addressing a press conference on his ministry's ongoing projects in Assam. When told that most of the District Rural Development Authority (DRDA) offices in Assam have got the reputation of being corrupt, the minister said, 'Whenever such cases come to our notice, we will take strict action against the officers concerned. We are also launching awareness campaigns in rural areas so that people know their rights.'

To another question on contractors taking up work under the Indira Awaas Yojana (IAY), a government-housing scheme for people below the poverty line, he said, 'There is no provision whatsoever for IAY work to be allocated to contractors. Strict action will be taken against anybody found doing so.'He clarified that, under this scheme, the money goes straight to the beneficiary's bank account and there is no scope for middlemen to swindle money.'Each family gets Rs.22,000 under IAY, and in the hill areas, the amount is Rs.27,000,' he added.Singh also stated that, to ensure transparency in rural development work at the grassroots level, the government is giving special attention to village level vigilance committees.

CIC wants paperless info flow under RTI

Filing and receiving information under the Right to Information (RTI) Act could soon be a paperless affair. The Central Information Commission (CIC) has proposed ‘e-ministration’ of government departments so that public records are accessible online and can be used to provide information under RTI. When implemented, this would mean that a person can file an RTI application online. The department’s public information officer will be able to access government records on the internet and send a reply, also online, cutting down on delays and increasing transparency within the system. At present, CIC is the only agency that receives online appeals under RTI. Bihar took a step in this direction recently by accepting RTI applications on phone. Though the RTI Act has been in operation for three years, applicants continue to face delays in receiving rudimentary information. A proposal to harmonise the government’s computerisation plan with the RTI roadmap has now been sent to the PMO.
The stumbling block in this process could be the fee that is required to be paid when an applicant asks for large amounts of information. While the CIC will be working with central government ministries and departments, state information commissioners will be asked to work in consonance with district and panchayat-level administration for online access to records at the grassroots level.The RTI watchdog will be meeting state information commissioners in October to discuss the issue further.

IPCL divestment: CIC asks for more information

The Central Information Commission (CIC) has directed the government to disclose to an information seeker details pertaining to the sale of petrochemicals major IPCL to Reliance Industries. Information Commissioner M M Ansari has asked Ministry of Chemicals and Fertilisers to furnish a copy of Memorandum of Understanding (MoU) as entered between the government and the successful bidders in the privatisation process of Indian Petrochemicals Corporation Ltd (IPCL).The decision comes in wake of a Right to Information application filed by Mumbai-based resident Ganshi Devraj Visaria, who had sought from Department of Chemicals and Petrochemicals information regarding IPCL's privatisation. The Commission will, however, decide on the question of allowing disclosure of the ministry's correspondence with other parties in a later hearing involving the Ministry of Disinvestment. Visaria in his application had also sought details on the government's disinvestment policy and the minutes relating to AS & FA Committee besides other details of IPCL sale. The Commission has asked Department of Chemicals and Petrochemicals to allow inspection of all relevant records and files by Visaria within 15 days.

Big companies violate building by law

Big business, sadly, happen to be the violators of building bylaw in the city.The names are: Tobacco major ITC, owners of Coffee Day, and a company of R N Shetty group. The Bruhat Bangalore Mahanagara Palike (BBMP) has admitted that these companies have taken up constructions sans the commencement certificate (CC). In fact, many of the constructions are in the final stages.
A senior journalist had sought under Right To Information (RTI) Act, in September last, copies of commencement certificates and occupancy certificates issued by JDTP between January 2005 and September 2006. It took seven months for the Palike and a rap on its knuckle from the Karnataka Information Commission (KIC) to produce result.And the Palike had to admit that it was not seriously implementing the building by law. In March, the applicant shortlisted 27 ongoing constructions in the city and demanded documents on them. JDTP furnished the information in two instalments.

On April 28, he gave 10 CCs and on May 5, he furnished seven more. When asked about the remainder, Topagi said that it should be ‘understood as not issued’. But why cannot BBMP enforce its own building bylaw? ‘‘We work under tremendous political pressure,’’ he said