Notaries

Notary is a public official appointed by the government to provide notarization services to the public. They include taking affidavits and authenticating documents. Notaries are governed by the Notaries Act, 1952 and the Notaries Rules, 1956. The number of notaries in Karnataka is limited by law to 1350, half of whom are appointed by the central government and the other half by the state government.

A casual glance at the system as practised in Mysore shows some major shortcomings.

1. The maximum amount that can be charged for various services provided by the notaries is fixed by Sec.10(1) of the Rules, but some notaries charge more than the limit. For example, the maximum fee for notarizing an affidavit is Rs. 10 and the fee for attesting true copies of original documents is Rs. 5 per page (minimum Rs. 10). These limits are frequently exceeded.

2. The Rules clearly state that the rates charged by a notary should be displayed in a conspicuous place inside as well as outside the notary's office. But such rate charts are rarely seen.

3. The Rules state that the notary should issue a receipt for the fees and charges realized, but this rule is also frequently violated.

4. Some notaries are not careful in checking the identity of the person appearing before them or in carefully going through the documents. Such carelessness defeats the very purpose of notarization. In some cases, this carelessness has escalated into almost contempt of law. We have a copy of a blank MUDA indemnity bond which has been notarized!

The licencing and the control of the notaries also leaves a lot to be desired. A person applying for the position of a notary should prove that the number of notaries practising in that area is insufficient. It is clear from this requirement that the intention of the law is to distribute the notaries equally all across the city and not concentrate them in certain areas. If one looks at the current distribution of notaries in Mysore, it is obvious that the intention of the law has been defeated.

The Rules state that an officer appointed by the government will periodically inspect all the notaries. The government must have been derelict because the problems mentioned above seem to be increasing with time.

Prarthana Kashinath, Mysore Grahakara Parishat

Are You Paying Too Much Interest On Your Loan?

One frequently sees advertisements in the newspapers by finance companies offering loans at "low" interest rates of 2-2.5% per month (or 24-30% per year). If there is delay in repayment of the loan, there is a further overdue interest of 3-5% per year. Many people avail of these loans, especially loans secured with gold or ornaments, as they are easier to get than bank loans.

Most people do not realize that these companies are violating State laws against excessive interest. Karnataka Money Lenders Act, 1961makes charging interest at a rate higher than the rate fixed by the Karnataka State Government a criminal offence punishable by imprisonment of upto three months. There is another law, Karnataka Prohibition of Charging Exorbitant Interest Act, 2004, which makes the penalty harsher by extending it to a limit of three years. The maximum interest rate fixed by Karnataka Government is 15% maximum for secured loans and 18% maximum for unsecured loans. If you pawn your valuables to secure the loan, the maximum rate that can be charged is 15% per year.

Many of these companies make the loan receiver sign a document in which he agrees to pay the interest rates charged by the companies. But even if the debtor signs the contract, charging more than government interest rates is illegal. Sec. 28(2) of the Money Lenders Act says, "Notwithstanding anything contained in any law for the time being in force, no agreement between a moneylender and a debtor for payment of interest at a rate exceeding the maximum rate fixed by the State Government under subsection (1), shall be valid and no Court shall in any suit to which this Act applies award interest exceeding the said rates".

If the money lender harasses the debtor for the payment of excessive interest, legal action should be initiated against him under these two acts.

B.V.Shenoy, memeber, Mysore Grahakara Parishat

Surprising Decision By The District Forum

In a recent decision by the Mysore District Consumer Forum (dated 11-11-09 in Complaint No. CC/09/278), a person who had complained about being charged excessive interest rates has not only been denied compensation but also fined for filing a frivolous complaint. This judgment seems contrary to law.

H.N. Nagendra had pledged ornaments with Manapuram Finance and Leasing Limited and borrowed Rs. 5,700. When he was late on his payments, he was charged compound interest on the outstanding amount. Nagendra filed a complaint before the Mysore District Forum saying that the demand of compound interest is illegal and contrary to the Money Lenders Act.

During the hearings before the forum, the finance company produced a document signed by Nagendra in which he had agreed to pay 24% interest on the loan and 3% overdue interest. It argued that when the complainant had agreed to pay interest at these rates, he could not contend contrary to it and he was bound by the terms and conditions of the contract.

The District Forum agreed with the finance company and said that there was no deficiency in service by it. It decided that Nagendra had filed a frivolous complaint and fined him Rs. 1000 for doing so.

But the decision of the Forum seems to fly against the law. Karnataka Money Lenders Act, 1961 makes charging interest at a rate higher than the rate fixed by the Karnataka State Government a criminal offence punishable by imprisonment of upto three months.

There is another law, Karnataka Prohibition of Charging Exorbitant Interest Act, 2004, which makes the penalty harsher by extending it to a limit of three years. The maximum interest rate fixed by Karnataka Government is 15% maximum for secured loans and 18% maximum for unsecured loans. Since, Nagendra's loan was secured with ornaments, the finance company could not have charged more than 15% interest without violating the law. Sec. 28(2) of the PCEI Act also says "Notwithstanding anything contained in any law for the time being in force, no agreement between a money-lender and a debtor for payment of interest at a rate exceeding the maximum rate fixed by the State Government under sub-section (1), shall be valid and no Court shall in any suit to which this Act applies award interest exceeding the said rates". So the contract signed by Nagendra in which he agreed to pay 24% interest and 3% overdue interest was not valid and the finance company still could not charge more than 15% interest. It appears that the District Forum did not consider this fact. So it was not correct in upholding the argument of the finance company. In light of the two laws mentioned above, Nagendra's complaint was valid and was not frivolous.

Problems in the E-filing System of the Supreme Court

The Supreme Court has instituted a system through which advocates and the public can file cases before the Supreme Court electronically. The launching of the e-filing system to make the Supreme Court easily accessible to the public is most welcome.

But due to improper design of the e-filing system, it is extremely difficult to use. We have been trying to e-file two appeals against orders of the National Consumer Commission for the last seven months. Every time we e-file our appeals, the assistant registrar of the Supreme Court points out the defects in them, we correct the defects and e-file once again. We have gone through three revisions, but we still have not been able to get them approved.

Based on our experience with the Supreme Court e-filing system, we wish to bring some major problems in the system to your attention and suggest some solutions. It is our belief that by removing these deficiencies in the implementation of the e-filing system, it can be made more accessible to the public. It will also reduce the load on the registrar's office. The good idea of e-filing can be made more useful by proper software implementation.

PROBLEM 1. The sign-up process seems to work only with the Microsoft Internet Explorer (IE) web browser. It definitely does not work with Firefox (or Iceweasel) web browser which innumerable people use. The characters in the left window of the User Registration form is completely garbled up in the Firefox browser and so one can not even complete the sign-up process. Many people may not realize that this is a browser-related problem and may give up on e-filing.

Once a person has signed up for e-filing (using IE web browser), he/she can log in even from Firefox (or Iceweasel) web browser. But uploading the petition copy is still difficult. It is our repeated experience that all the files are not transmitted.

SUGGESTION: The e-filing process should be made browser-independent. The public of India should not be forced to buy the proprietary and expensive software of Microsoft Company to make use of e-filing facility. The Supreme Court should encourage non-proprietary and free software such as Linux (and web browsers such as Firefox and Iceweasel which work with Linux), especially in a poor country like India. Incidentally, at the meetings of ISO (International Organization for Standards), India has consistently voted for Open Document Format (which can be accessed by non-Microsoft software also) and against accepting the Microsoft internet format as the international standard.

PROBLEM 2. The filing fee and the printing charges are now collected at the time of initial filing. Every time the registrar's office points out any defects, the defects will have to be rectified and the corresponding pages re-uploaded. Printing charges have to be paid for the re-uploaded pages. Very often, even a small correction on one page changes the page numbering and so all the succeeding pages have to be uploaded at great expense even though there are no corrections (except page numbering) on them. This causes needless expenditure to the petitioner.

SUGGESTION: The printing charges should be collected only when the e-filed petition gets the approval of the registrar.

PROBLEM 3. During user sign-up, the screen asks for a hint question for the password and the sign-up can not be completed unless the hint question is given. But, in the login screen, there is no help for remembering a forgotten password. If one forgets his/her password, there is no way of recovering it. So e-filing can not be accessed and the money and effort till then will be wasted.

SUGGESTION: The login screen should be redesigned to help people who have forgotten their passwords.

PROBLEM 4. Our petition copied the format of the paperbook of an SLP admitted by the Supreme Court in 2003. But the guidelines for SLPs must have changed since 2003 because our petition has been found defective not once, but three times, even after revisions. For people who do not have the advantage of possessing an SLP, it must be much more difficult. The instructions on the Supreme Court website on how to file an SLP are not at all adequate.

SUGGESTION: A complete model SLP with all the supporting applications (such as application for exemption from filing certified copies of lower court orders, application for condonation of delay, etc.), affidavits, certificates, etc., composed with the correct font with the correct margins etc. should be available to the public on the Supreme Court website. It can be uploaded in Open Document Format so that it can be opened even with non-Microsoft software. The user can open this document and change the names of the petitioner and the respondents and edit the rest to his/her requirement. Since the user will be using a standard template for the SLP, the defects in the petition will be minimum and so the load on the registrar's office will be greatly reduced. Similar templates for all types of petitions that can be filed before the Supreme Court can be prepared and uploaded on the Supreme Court website.

Maj.Gen.(Rtd.) S.G. Vombatkere, President, Mysore Grahakara Parishat

AKRAMA-SAKRAMA

The State Cabinet's formal approval of regularization of unauthorized housing layouts and violations of building by-laws upto 50% (domestic) and 25% (commercial) buildings highlights the ineffectiveness of urban governance in Karnataka. If laws could not be enforced over decades, successive governments have clearly failed, or the law itself was inappropriate. However, the penalty intended to now be levied cannot compensate for loss of tax revenue over the many years when CR was not issued and tax not recovered. It also makes citizens who have not committed violations and paid tax, appear like honest fools. Thus, regularization sends the message that breaking laws and by-laws can be compensated by payment of money, that it can be profitable to break the law for a price (it is also well known that there are cheap ways to avoid paying heavy penalties), and that the law is meant to be adhered to by fools. It appears that earning revenue is the most important if not the only consideration for urban governance.

Nevertheless, even this if-you-can't-lick-'em-join-'em formal abdication of governance powers has to be thorough, so as not to create loopholes that may be exploited in future by potential law-breakers. As the press reports are understood, there are two unanswered questions in the Cabinet decision. One, what guidance has the Cabinet given to the ULBs in regard to those violators who do not respond to the offer of regularization because, for example, they cannot afford the large sums of penalty money? Two, what guidelines have been provided to ULBs to control unauthorised housing layouts and by-law violations starting from the cut-off date of 03 December 2009? Or is 50% (domestic) and 25% (commercial) the starting point for on-going and future constructions, and will unauthorized housing layouts be permitted and regularized in due course for a consideration at the operating level, of course?

The above questions and the unabated, irregular on-demand change of land use being permitted by MUDA in spite of MGP's frequent notices to MUDA over several years need to find place in the on-going discussions on urban planning. But are our elected representatives aware of these issues?

 

Maj Gen S.G.Vombatkere, President, Mysore Grahakara Parishat

MGP Opposes Discriminatory Power Cuts in Karnataka

The state government has declared that there will be 12 hours of power cuts daily in rural areas, 4 hours in urban areas other than Bangalore and only one hour in Bangalore. Mysore Grahakara Parishat has filed a complaint before the Karnataka Electricity Regulatory Commission stating that this discriminatory policy violates Article 14 of the Constitution of India "Equality before law.-The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India." MGP has urged that KERC should not allow the implementation of this policy.

Electricity consumers all across the state pay the same fixed charges/demand charges and so the government can not show preference to urban consumers at the cost of rural consumers and again to Bangalore at the cost of other cities in the state. The blatant discrimination evident in the announcement of the government is completely unacceptable.

The discrimination is especially galling since the government has not taken any steps to limit wasteful spending of power in urban areas (bill-board lighting, ornamental illumination, etc.) and the rural population has to pay for this urban profligacy

An obvious negative aspect of this discrimination is that the quality of life in rural areas is becoming intolerably low leading to large-scale migration to cities and the attendant social, economic and environmental problems.Such discrimination must not be a part of any welfare society.

The electricity supply companies or the state government has no authority to resort to such discrimination. Only the state electricity regulator is empowered to decide on such matters after careful deliberations and effective public hearing. Such unilateral decision on the part of the government (or the electricity supply companies) negates the tariff ruling prevailing in the state.KERC is mandated and empowered under Indian Electricity Act 2003 and Karnataka Electricity Reforms Act 1999 to supervise, control and direct the electricity supply in the state such that such discriminatory practices are eliminated.

MGP has drawn the attention of KERC to the fact that Electricity Regulatory Commissions of other states have acted to stop such discrimination. For example, in an order given on 5-5-2006, the Punjab ERC has ruled "The Commission further decides that the Board (Punjab State Electricity Board) should take adequate steps to minimize discrimination amongst consumers of different categories especially rural and urban domestic consumers as far as possible while imposing power cuts." In another order issued on 18-5-2007, PERC said "The Commission notes that there is disparity in the imposition of power cuts especially in the case of some urban centres and in rest of the State. The Commission observes that this clear discrimination between two sets of the same consumers seems to be iniquitous and without any rational basis. It would, perhaps, be best if power cuts are applied evenly in urban and rural areas of the State. If on the other hand the Board is still of the view that there are overriding compulsions to the contrary then it may draw up fair and transparent criteria that might justify any disparity in the imposition of power cuts." In a 2009 concept paper on power cuts the Uttarakhand Electricity Regulatory Commission has observed "If all such feeders are not required to be cut, requisite number of feeders only may be cut but on rotational basis so that all consumers bear the brunt of such power cuts" and then again "The practice of exempting some cities for their perceived importance should be stopped and all urban areas should be treated similarly." These are some persuasive precedents.

There are also growing suspicions in the minds of the public whether the power shortage is real in light of the copious rainfall all over the state this year. Therefore, MGP has requested KERC to

1. decide, after due public consultations and its own deliberations, whether thereÿ will be a real deficit of electricity in the state between now and June next year;

2. pass an order for improved supply side management and demand side management to overcome the deficit, if any, and

3. if the rationing of electricity is necessary, pass an order for its equitable distribution among various consumers.

 

Shankar Sharma, Mysore Grahakara Parishat

A Tip To LPG Customers

For more than a decade, MGP has been forwarding complaints received from LPG consumers to the three major supply companies, IOC, HP and BP. But despite several serious complaints, not much action was taken against the erring LPG dealers. Therefore, we were heartened to see an advertisement from Hindustan Petroleum in the local papers last week announcing the suspension of an LPG dealer, Samrat Gas Services and the transfer of service to Raghavendra Agencies. It is learnt that this suspension is a result of innumerable consumer complaints agaisnt the gas agency.

Many consumers are not aware of the options before them when they encounter bad service at an LPG dealer. If repeated complaints to the dealer do not work, then it is time to get a transfer to another dealer. You can get a transfer to any dealer (even of a different oil company) if your home in the area of his service. This transfer policy was implemented to discourage bad service. If an LPG dealer continues to give bad service, he will soon lose all his customers to other dealers. But since most consumers are not aware that they can get transfers, they continue to suffer and bad dealers continue to prosper.

As an example, in the case of Samrat, you can get a transfer to Raghavendra. The suspension of Samrat is not permanent and if you are worried that you will not get good service when the suspension is revoked, you can apply for a transfer right now and you will get it.

If complaints to the dealer do not work, you can also complain to the concerned oil company. The phone numbers are: Mr. Mohan (BPC) 94481 17453, Mr. Borkar (HPC) 99026 50151 and Mr. Shiva Prakash (IOC) 94482 85525.

C V Nagaraj, member, Mysore Grahakara Parishat

Mysore Genetically Engineered Food seminar report

Over 200 prominent concerned citizens of Mysore overwhelmingly said No to Bt Brinjal, called for a GE-free Karnataka and demanded a nationwide referendum on permitting the introduction of GE crops pending which imposition of a moratorium on GE crops in the country.

Through a declaration called MYSORE DECLARATION ON GENETIC ENGINEERING, FOOD AND FARMING farmers, consumer and environment activists, scientists, academicians, students, national and global experts on genetic engineering termed the claims made by the biotech industry and the safety tests conducted by it as “doubtful in nature” and demanded “a proper, independent and transparent scientific tests for toxicity, allergenicity, environmental impact, pest resistance development and yield levels

The one day State Conference on Genetic Engineering, Food and Farming was held on

Saturday, November 7, 2009 at the Institution of Engineers Hall, Mysore and was co hosted by the Institution of Engineers, Mysore Chapter and the Deccan Development Society of Andhra Pradesh.

Earlier Dr Michel Pimbert, Director, International Institute for Environment and Development, UK – an international expert on food and farming delivered the keynote address and said that the GE foods were neither needed nor wanted. He quoted a number of global experiences on genetically engineered foods which had highlighted their deleterious effects on food and farming systems and pointed to the largest exercise undertaken by 400 world class scientists under the auspices of the World Bank, FAO, and United Nations which resulted in a report called International Assessment of Agricultural Science and Technology for Development [IAASTD] that called for a new paradigm shift in agricultural research and development. In the light of this major international report, Dr Pimbert called for a complete reassessment of GE technology which was neither needed nor wanted.

Many formal GE scientists including Dr Manjunath, formerly Head of Research, Monsanto, Dr Vageesh Babu of the Indian Horticultural Research Institute and Dr Shekhar Shetty, University of Mysore put forward their arguments on Genetic Engineering. Ms Aruna Rodrigues of Sunray Harvesters, MP, Dr Vijayan, Chair, Kerala State Biodiversity Board and Mr P V Satheesh, Director Deccan Development Society, Hyderabad spoke of the harmful effects of genetic engineering on food and farming.

Dr Vombatkere of the Mysore Grahakara Parishad, Mysore and Mr Babu, Chair, Institute of Engineers, Mysore Chapter also participated in the debate beside Mr U N Ravi Kumar and Mr Satheesh.

At the end of the day long deliberations, the House adopted MYSORE DECLARATION ON GENETIC ENGINEERING, FOOD AND FARMING.

MYSORE DECLARATION ON GENETIC ENGINEERING, FARMING AND FOOD

Institute of Engineers, Mysore, November 7, 2009

Having listened to the views of a group of scientists for and against genetic engineering, its regulatory, legal, ethics and social issues, its effects on food and farming and human health, we have come to the following conclusions

1 In view of the overwhelming evidence provided by the global community of farmers, scientists and independent researchers on the ill effects of G E crops and also keeping in mind the doubtful nature of the safety tests conducted by the biotech companies and regulatory bodies, it is advisable to undertake proper, independent and transparent scientific tests for toxicity, allergenicity, environmental impact, pest resistance development and yield levels. Therefore we are in favour of introducing a moratorium on the introduction of GE crops in India

2 The issues of GE crops and foods must be brought to the notice of farmers, consumers and the citizens of this country through a national referendum. The resultant people’s verdict with reference to governance of GE foods must be accepted with full respect.

3 Instead of running behind the mirage of GE crops, the government must encourage sustainable organic agriculture

4 The yield increases claimed by the GE industry are only due to presumed effectiveness in the control of pests. This can be safely achieved by organic products.

5 The government and its approval agencies should adopt stringent and transparent measures without any fear or favour in evaluating/assessing the various claims made for GE products including their safety to the consumer and the environment

6 We do not wish our people to eat GE foods as we do not know how it affects our people’s heath. We do not trust an industry that makes money at the cost of public health and we certainly do not trust a government that ignores its people’s health

7 We must strive to create a movement for public understanding of GE crops and GM foods by mobilizing all possible resources – both material and human

8 We don’t want GE crops which can be apocalyptic to life on earth. Let us say No to Bt Brinjal.

9 Government must by law declare Karnataka GM free

MGP Delegation Meets RTO

A delegation from Mysore Grahakara Parishat recently met the Mysore RTO, Mr. S.H. Kallera. The delegation consisted of Dr.T.N. Manjunath, Maj.Gen. (Rtd.) S.G. Vombatkere, B.V. Shenoy, V. Mahesh, S.Y. Sadashiva Murthy, Narasimhaiah and S.S. Sridhar.

The following problems faced by the public of Mysore were brought to his attention along with MGP's suggestions on how to solve them.

1) The public is continually facing hardship due to defective and tampered autorickshaw meters. The problem is exacerbated by the frequent fare rate changes which are implemented whenever the market prices for petrol change. It makes it difficult for the public to figure out if they are being overcharged.

Suggestion: The problem can be eliminated by installing autorickshaw meters that read the distance covered in kilometers rather than the actual fare in rupees as is being done now. A conversion card issued by the RTO can be used to convert the distance travelled to the fare amount.

There are several advantages to this system. Thousands of autorickshaw meters need not be recalibrated every time there is a rate change. Only the new fare conversion cards have to be issued saving enormous amounts of money. Whenever there is fare rate change, the conversion table can also be published in local dailies so that the public is up-to-date on the fare change.

The correct distances between the various landmarks in Mysore can be made available in the form of a booklet to the public, charging a fee to cover the cost of the booklet. If these distances are known to the public, there will be very little incentive to tamper with the meters. Defective meters can also be easily identified and corrective measures taken.

By changing fare meters to distance meters in autorickshaws, overcharging of the public due to defective or tampered meters will stop.

2) A very large number of autorickshaws with Kerala registration and some with Maharashtra and Bihar registration are plying the roads of Mysore. They do not get registered in Karnataka even after several years. This is causing a major loss of revenue to the state government. Most of these autos do not seem to have insurance and in cases of accidents, they are just abandoned. Citizens involved in acccidents with such autos have can not get insurance cover.

Suggestion: Do not allow Kerala registered auto rickshaws to operate in Mysore beyond the initial grace period.

3) In most places in Mysore, autos are parked randomly. Very often they are parked at intersections, blocking vision.

Suggestion: Proper autorickshaw stands should be constructed in various places in Mysore in consultation with the police.

Dr.T.N. Manjunath, Mysore Grahakara Parishat

MGP CONDUCTS LECTURE-DEMO ON FOOD ADULTERATION

Mysore Grahakara Parishat recently conducted a lecture-demonstration on food adulteration detection at the following places: Mahajana NSS Camp at Megalapura, Coorg Institute of Technology, Ponnampet, and College of Forestry, Ponnampet. C.V. Nagaraj (formerly Senior Chemist, Regional Agmark Laboratory, Bangalore) demonstrated simple tests to detect adulteration in various food items. He also spoke about the harmful effects of various types of adulteration and on the laws that exist in India against food adulteration. Prof. S.K. Ananda Thirtha spoke on various aspects of consumer protection.

Associations interested in arranging such lecture-demos can contact C.V.Nagaraj (Ph: 2521640) or Prof. S.K. Ananda Thirtha (Ph: 2515200).

V.Mahesh, member, Mysore Grahakara Parishat

State-level Conference on Genetic Engineering, Farming & Food

State-level Conference on Genetic Engineering, Farming & Food

Saturday, November 7, 2009

The Institution of Engineers (India), Mysore Local Centre, J.L.B.Road, Mysore-570005

Sponsors:

The Institution of Engineers (India), Mysore Local Centre, Mysore

Mysore Grahakara Parishat, Mysore

Deccan Development Society, Hyderabad

            Media have been reporting that genetically engineered (GE) Brinjal (Bt-Brinjal) is to be the first human food item to be introduced into the market in India, following field trials. This has raised discussions regarding aspects of its necessity and safety, and the issue of  enabling the consumer to exercise the right not to buy the GE product. The effect on the farming community who may choose to grow GE-Brinjal and other GE crops, as well as on farmers who do not so choose is also being discussed; there are many who argue against introduction of GE products especially in food.

            It is well known that several countries, especially in Europe, are not allowing GE crops and products into their countries for reasons of safety and genetic contamination, even in the face of possible trade sanctions. This raises doubts as to the desirability and safety of GE products.

            There are fears and anxieties about cultivation and consumption of GE crops and products among a wide cross section of people, both urban and rural. At the same time, the biotechnology industry and promoters of GE crops and products as well as government regulatory agencies are issuing assurances about the safety, even the desirability, of introduction of GE-Brinjal and many other food and non-food crops that are currently undergoing field trials all over India, claiming that GE is necessary for food security. In the meanwhile, GE products are entering the food chain.

            In order to help the public to get a perspective on the issue, the One-Day Conference will provide a platform for the biotechnology industry to state its case, and experts from the field to place their scientific arguments regarding the facts about GE in general and its effects on biodiversity, the environment, and human health and safety aspects.

            The Conference will be arranged in three Technical Sessions, each Session with two speakers, one from the biotechnology industry or promoters of GE, and one from an expert opposing GE, with time for audience participation in each Session.

           

PROGRAM

Saturday, November 7, 2009

Coffee 10:30 AM – 11:00 AM

Inaugural Session    11:00 AM – 12:00 Noon

KEY NOTE ADDRESS: Dr.Michel Pimbert; Director, International Institute for Environment & Development, U.K.; Formerly Principal Entomologist, ICRISAT

Technical Session-1 12:00 Noon – 1:15 PM

BIOTECHNOLOGY INDUSTRY – Technical, legal and regulatory issues

Speaker 1: Dr.T.M.Manjunath, ConsultantAgri-Biotechnology & Integrated Pest Management, Bangalore

Speaker 2: Ms.Aruna Rodrigues, Lead Petitioner in PIL against GM Foods in Supreme Court of India, Sunray Harvesters, Mhow, Madhya Pradesh

Lunch Break 1:15 PM – 2:00 PM

Technical Session-2 2:00 PM – 3:15 PM

FARMING – Problems and perspectives

Speaker 1: Dr.C.Aswath, Head, Biotechnology Division, IIHR, Bangalore

Speaker 2: Dr.P.V.Satheesh, Food & Farming Activist

Technical Session-3 3:15 PM – 4:30 PM

FOOD & THE CONSUMER – Health, safety and ethical issues

Speaker 1: Dr.H.S.Shekar Shetty, Professor Emeritus, Dept of Biotechnology, University of Mysore, and Principal Investigator ICAR

Speaker 2: Dr.V.S.Vijayan, Chairman, Kerala Biodiversity Board

Concluding Session 4:30 PM – 5:30 PM

            Speaker 1: Mr.H.L.Satheesh

            Speaker 2: Mr.U.N.Ravikumar

Tea 5:30 PM – 6:00 PM

Is MUDA Aiding Illegal Land Use Change?

Whenever a person wants to change the land use of his site (from residential to commercial, from agricultural to residential, etc.), he has to obtain permission from MUDA. According to law, MUDA places an advertisement in the papers regarding the land use change and calls for objections. The proposal and the objections are then placed before a MUDA meeting and the recommendation of the meeting are sent to the state government for approval.

Most of these land use conversions are against the law, against orders of various courts and against public interest even though they comply with the above formalities. But now, even these formalities are being ignored. Here are two examples.

Two MUDA advertisements appearing on p.8 of Andolana of 1-9-09 state that they are corrections to two earlier MUDA land use change advertisements which appeared in Andolana on 6-6-09 and that "from agricultural zone to residential zone" which appeared in the earlier advertisements should be read as "from transport zone to residential zone".

There are several question marks about these advertisements.

1. Why did MUDA make such a fundamental mistake in the first ads?

2. Why do the ads of 1-9-09 not call for public objections as is usual for all land use changes?

3. The ads on 1-9-09 carry only the corrections and not any other details. Since they appeared three months after the original ads, should MUDA not issue the complete corrected ad and again ask for objections from the public?

4. There are six land use change advertisements in the 6-6-09 issue of Andolana and none of them have the same numbers as the corrected ads. Therefore, to which two ads do the corrections apply?

5. In light of issues 1 - 4 above, does it not appear that MUDA has deliberately conducted this charade to avoid public objections?

6. According to Sec. 14(a)(1) of the Karnataka Town and Country Planning Act, 1961, land use change can be effected ONLY WHEN SUCH CHANGES ARE IN THE PUBLIC INTEREST. The Supreme Court in Bangalore Medical Trust vs. B.S. Muddappa case (AIR 1991 Supreme Court 1902) has clearly stated that converting to what is beneficial to many (such as CA site) to what is beneficial to one person (such as residential or commercial site) is against public interest and hence should not be permitted. Why then is MUDA advertising an illegal land use change from Transport (CA) to Residential?

7. Are not CA sites under the control of MUDA? Why then are these sites in possession of private parties?

8. As the city expands, it needs more and more space for suburban bus stands, private bus stands, metro stations, ELRTS stations, etc. Such spaces have been provided for in the Comprehensive Development Plan for the city. But due to short-sightedness of MUDA, the city is losing them one by one. In 2001, MUDA changed the land use of 6 acres reserved for transport purposes on Bannur Road and allotted the land to a private developer, despite strenuous objections from the public. Now it is the turn of two more sites earmarked for transport. It is sad that MUDA is selling off the future of Mysore because of its short-sightedness. If this trend continues, twenty years from now, we will be having several reenactments of the JK grounds bus-stand controversy which is raging now, controversies which could have been easily avoided with a little more vision from MUDA.

 

Maj.Gen. (Rtd.) S.G. Vombatkere, President, Mysore Grahakara Parishat

Will The RTO Please Clarify?

The RTO of Mysore has recently issued a press release (duly reported in many newspapers) stating that according to a government order, all vehicles must display both English and Kannada licence plates.

But this contradicts the clarification the RTO had given to us on 27-2-2009. In response to an MGP letter to the Government of Karnataka, the RTO had then stated that according to Government Notification dated 12-9-1995, " ... if the vehicle owner wishes, he/she may have an additional number plate bearing the registration number in Kannada". The clarification also stated "if Kannada is used in licence plates, it will make for effective implementation of Kannada language". So dispalying Kannada licence plates was not compulsory but left to the choice of the vehicle owner.

Since the clarification issued by the RTO in February and the recent press release of the RTO are contardictory, we talked to the Department of Transport, Government of Karnataka (080 2235 2434) this afternoon and we were told that Kannada licence plates are only optional and not compulsory.

Will the RTO please clarify to the public whether Kannada licence plates are compulsory and if so give the details of the government notification which makes it compulsory?

The RTO press release poses some other problems. According to it, motor cycles should have English licence plates on the front left, Kannada licence plates on the front right and English licence plates in the back. Three-wheelers and four-wheelers must have English licence plates on the front left, Kannada licence plates on the front right, English licence plates in the back left (or centre) and Kannada licence plates on the back right. Which vehicle has provision for so many licence plates? We are only glad that there are no restrictions on the sides, the top and the bottom of the vehicles!

B.Vaikunth Shenoy, Mysore Grahakara Parishat

Workshop on Consumer Awareness and Employability Skills

(Prof.S.K. Ananda Thirtha introducing the speakers C.V. Nagaraj (2nd from left) and Vasanthkumar Mysoremath (3rd from left) of MGP at a recent Workshop on Consumer Awareness and Employability Skills Development at Vidyavardhaka Sangha. Others in the picture are Shri Subramanyam, faculty member and Shri Boregowda, NSS Officer.)
 

 

Vidyavardhaka Sangha group of institutions organized a special interactive workshop on 16-10-09 on Consumerism and Employability Skills Development for the benefit of about 100 NSS volunteers and ITI Trainees on its campus. Mysore Grahakara Parishat (MGP) members. C.V. Nagaraj, Retired Chief Chemist and Vasanthkumar Mysoremath, IAAD (Retd) were the resource persons for the workshop.

Nagaraj spoke about how unscrupulous merchants are playing with the lives of consumers through a variety of adulterations all for the sake of a few extra rupees. He stressed the need for awareness of the rights of consumers and especially the special role of NSS volunteers in creating that awareness in our society. He lamented that consumers are assuming that they are being served the right commodities and at the right price whereas, in reality it was not so. Under his guidance, the students themselves conducted simple experiments on various methods adopted by the merchants for adulteration..

Mysoremath spoke about how to develop self confidence, face interviews, be a good leader, and express oneself in public with the right body language.

Students participated enthusiastically in the interactive sessions with the two speakers. Prof.S.K.Ananda Thirtha introduced the speakers and NSS Officer Shri Boregowda and faculty member Shri Subramanyam were present.

Such programmes can be arrangeed by calling MGP office at 2515150.

Dereliction of Duty by MCC

According to Sec. 2(1-A) of the Karnataka Municipal Corporations Act, 1976, phone towers are buildings and since they are used for commercial purpose, they are commercial buildings. So they can not be built on residential sites.

In a circular (No. UDD 17 Aa Pra Sa 2001) issued on 12-11-2001, the Karnataka Government has clearly reiterated this point. It says that establishment of a mobile tower is a commercial activity and that it is subject to the provisions of zonal regulations of the approved Comprehensive Development Plan for the city. It also specifically instructs all local bodies not to permit any captive power generator set on the rooftop of any building.

But there are dozens of mobile towers erected on residential sites in Mysore and MCC is blind to these law violations. Many mobile towers erected on residential/commercial buildings also have generator sets installed on rooftops. MCC is again blind to these violations.

 

C.V. Nagaraja, Mysore Grahakara Parishat

Consumer Awareness Workshop

(Students at JSS First Grade College conducting experiments to identify food adulteration under the guidance of C.V. Nagaraj and Vasanthkumar Mysoremath of MGP.)

 

Mysore Grahakara Parishat conducted a consumer awareness workshop for final year B.Sc., B.Com, B.A. and B.B.M. students at JSS First Grade College, Nanjanagudu recently. C.V. Nagaraj (formerly Senior Chemist, Regional Agmark Laboratory, Bangalore) demonstrated simple tests to detect adulteration in various food items. He also spoke about the harmful effects of various types of adulteration and on the laws that exist in India against food adulteration. Vasanthkumar Mysoremath spoke about the importance of consumer movement and gave a demonstration of how one can save electricity by utilizing sunlight. The workshop was presided over by the Prof.S.Rathnashekar, Principal, JSS First Grade college. Prof.C.A.Basavaraju, Vice Principal and Shri H.G.Natarajan, Principal, PU College, were present.

It is learnt that His Holiness Sri Deshikendra Swamiji of Suttur Mutt has instructed that such programmes should be held at all JSS institutions.

Vasanthkumar Mysoremath, Mysore Grahakara Parishat

Need To Move Away From Big Dams

Recent floods in the Krishna basin have left hundreds of people dead and lakhs homeless. Countless livestock have been destroyed and the total monetary loss ran into thousands of crores of rupees. As a hydrogeologist with 4 decades of experience, these are my observations on this disaster.

1. There are several major dams across the Krishna river and its tributaries and these dams were supposed to prevent such disasters. So the dams have failed in one of their primary purposes. Not just that, it now appears that these dams themselves were a major cause of this great tragedy.

2. The backwater of these dams has submerged some of the richest black soils in the country and rendered them worthless.

3. This soil is silting up the dams and is continuously reducing their designed water holding capacity. This capacity has already gone down by as much as 30%.

4. The land which is intended to be cultivated with the water stored in these dams is mostly barren rocky land with poor soil cover. Even if this land is supplied with plenty of water, there is little scope for highly productive cultivation. The increase in agricultural output due to the dams may not be even enough to cover the interest charged on the huge loans taken from international organizations to finance these dams.

5. It is quite likely that the enormous additional pressure exerted by the water reservoirs on the basaltic rock bed of the river valley has been responsible for a large number of earthquakes in and around Koyna (Maharashtra). Additional reservoirs may cause bigger earthquakes in times to come.

6. The loss of fertile lands and the submergence of hundreds of villages and towns by the dams and inadequate compensation has made the rehabilitation of the countless displaced people a major continuing humanitarian problem.

In light of these major problems posed by big dams, it is time we start looking at effective alternatives to big dams in managing river waters. Building a system of small and medium barrages across the rivers in the valley and canals to carry the waters stored in the barrages seems a much superior scheme. In the ghat section in which Krishna and its tributaries originate, they have cut deep ravines in the hill areas and deep gullies in the plains with banks 8-10 m high on either side. These natural structures can be put to optimum use by constructing a series of barrages starting from the source all the way to the plains with an accompanying canal system. The advantages of this system are:

1. There would not be any overflow of water over the banks.

2. The fertile lands on either side of the rivers would remain intact and available for intensive agriculture.

3. The usage of water would be optimum.

4. There is no need for resettlement of people and the consequent heartburn, corruption and huge expenditure.

5. Since each barrage weakens the force of flood water, damage to life and property will be minimized even in the case of intense rainfall.

6. The cost of each barrage will not exceed a crore of rupees and could be as small as a few lakhs of rupees. The total expenditure for a series of barrages will be much less than the cost of a major dam and would eliminate the need for foreign assistance and loans. The construction time for barrages is also very short and so benefits start accruing within a few months.

7. Since the irrigation is seasonal, soil quality and fertility are not damaged.

8. Since submergence by the backwater is kept to a minimum, soil erosion and loss of water storage due to silting are very small.

9. Since the water is stored in several reservoirs, the pressure on the river bed is distributed and so the barrages will not cause an increased incidence of earthquakes.

10. The canal network from this series of barrages will be spread over the entire river basin and will immensely help the building up of ground water which, if used in conjunction with the surface water, will greatly enhance the area and scope of irrigation. Since ground water is being recharged continuously, there will be no shortage of drinking water in the entire river basin.

11. The water distribution is more equitable.

So it is clear that the construction of many barrages is preferable to the construction of a big dam in more than one way. The arguments given above for the Krishna river basin apply by and large to other river basins also. Recently published studies of the Bhakra Nangal dam have shown that the return on the investment in the dam is far below what was claimed. So it is high time we come out of the straightjacket of major dam construction and consider alternative approaches to irrigation which may be more effective.

V. Mahesh, Mysore Grahakara Parishat

JNNURM- IS THERE DANGER AHEAD FOR MYSORE?

In the euphoria over hundreds of crores of rupees flowing into Mysore for JNNURM works, most people have forgotten that Mysore City Corporation has to foot a hefty bill, with no indications till now as to how MCC will meet this challenge. JNNURM is clearly no free lunch.

The City Development Plan prepared by MCC as a prerequisite for obtaining JNNURM projects shows how much MCC will spend over 25 years 2007-2031 towards developing infrastructure in Mysore. During 2007-12, the average yearly expenditure is Rs. 328 crores of which MCC provides Rs.53 crores and the rest comes from central and state grants. The average yearly expenditure for the remaining period 20013-2031 is Rs. 547 crores and MCC has to pay this amount all by itself.

It is not at all clear how MCC can raise Rs. 53 crores per year during 2007-12 and Rs. 547 crores per year during 2013-2031 towards JNNURM works. As it is, MCC has been defaulting in repaying the ADB loan taken a few years ago for the same purpose of infrastructure improvement. As a result of non-payment, the Rs. 130 crore loan has now ballooned to more than Rs. 300 crores. Strangely, MCC remains silent about this fast-growing liability and makes no allocation in its budget towards clearing this loan.

From a cursory glance at MCC's budgets for the last few years, it is clear that MCC can not generate the revenues needed to meet its Rs. 53 crore annual liability for the JNNURM works for the period 2007-12, let alone the Rs. 547 crore annual liability for the years 2013-31. It will be forced to take loans from outside sources for this money. But if MCC has not been able to repay its old (ADB) loan, who will come forward to give a fresh loan? In case some bank comes forward, will it not impose stiff conditions? Will it not ask for a collateral? Will our city be pawned off to pay JNNURM works? Does anyone have answers to these questions?

Another cause for deep worry for all Mysoreans is that these huge expenditures may not produce any lasting benefit for Mysore. In the ADB works, despite the many checks and balances instituted to insure that money was spent properly and the quality of work was high, the works were to a large extent shoddy providing very little benefit. In JNNURM works, these checks and balances are not evident and so the prognosis on the quality of work is not hopeful. Caving in of the road near Ballal Circle and questions raised about the new bus stand are some early indications.

Maj.Gen. (Retd.) S.G.Vombatkere, President, Mysore Grahakara Parishat

MGP CONDUCTS CONSUMER AWARENESS PROGRAMMES

Mysore Grahakara Parishat conducted two lecture-demonstrations on food adulteration detection at Kushalnagar on 16-9-09. The first programme was for the general public of Kushalnagar and the second one was for the members of eight Rotary clubs of Zone 6. C.V. Nagaraj (formerly Senior Chemist, Regional Agmark Laboratory, Bangalore) demonstrated simple tests to detect adulteration in various food items. He also spoke about the harmful effects of various types of adulteration and on the laws that exist in India against food adulteration. V.Mahesh, a hydrogeologist with more than 36 years experience, spoke about various aspects of ground water

C.V. Nagaraj and Meghashree, a high school student, gave the food adulteration detection lecture-demo at CONTECH-09 held on 20-22, September at NIE (See Photo in Attachment).

V. Mahesh, Mysore Grahakara Parishat

College Fined For Delaying Hall Ticket

B.Vaikunth Shenoy, member, Mysore Gahakara Parishat

In an order passed on 11-9-09, Mysore District Consumer Forum has fined the Principal of Mahajana P.U. College and the President of Mahajana Education Society for delaying the hall ticket to a student and causing him to miss the examination.

 

Preetham was a First P.U. student who did not pass the regular P.U.examination and appeared for the supplementary examination held in May 2009. He paid the exam fees but was not immediately given the hall ticket. The principal asked him to come on the morning of the examination, but the hall ticket was still not given. The student called his father and uncle but by the time, they argued with the principal and got the hall ticket issued, the exam was over. As a result of this delay, Preetham lost a year in his education.

Preetham filed a complaint before the Consumer Forum alleging deficiency is service by the principal and the president of MES. In their statements to the Forum, the principal and the president blamed each other. After going through the evidence and the statements of the parties, the Forum concluded that there was ample proof that there was a deficiency in service by both the defendants. It ordered the principal to pay Rs. 25,000 and the president, MES to pay Rs. 5,000 to the complainant for causing the loss of a year. The defendants were also ordered to pay Rs. 10,000 for the mental agony caused and Rs.2,000 towards the cost of proceedings.

MGP Opposes Electricity Rate Hike

Chamundeshwari Electricity Supply Corporation which supplies electricity to Mysore and its surroundings has now filed an application before Karnataka Electricity Regulatory Commission for yet another increase in tariff. The public can submit their objections to the rate hike and the last date for submitting objections is September 14.

MGP has filed its objections and they include the following:

1. The Tariff Filing must be rejected because various laws, rules and regulations have been contravened.

a. The financial statements which includes balance sheet, the schedules and comments/observation are not audited as required by KERC (Tariff) Regulations 2000 Annexe II.

b. According to Sec. 61(g) of the Electricity Act, 2003 and Sec. 27(2)(c) of the Karnataka Electricity Reforms Act, 1999, the tariff should progressively reflect the cost of supply of electricity. Even though KERC has given CESC opportunities year after year, CESC has not yet scientifically determined the cost of supplying power to various categories of consumers and still resorts to average cost of supply. This should not be accepted. There is no connection between the values of fixed charges and energy charges proposed by CESC for various categories of consumers and the actual cost of supplying electricity. Further, for the last several years, all the electricity supply companies in Karnataka have been asking for the same tariff rates for various categories of customers and they have done it again this year. It is not possible that the cost of supplying power to various categories of consumers to be identical for all electricity supply companies; thus it is clear that these numbers are false. This violation of the letter and spirit of the Electricity Act and the Karnataka Electricity Reforms Act should not be tolerated.

c. Sec. 55(1) of the IE Act mandates that power should be supplied to only those installations which have accurate metering. CESC has not ensured accurate metering for all installations.

d. Sections 27(1)(d), (e) and (f) of the Karnataka Electricity Reforms Act stipulate that the Commission shall be guided by the factors like 'economical use of the resources', 'optimum investments', 'the interests of the consumers' and 'commercial principles'. CESC has not complied fully with these requirements.

2. In view of the extremely poor quality of power supplied over the last year and the unacceptably long unannounced power cuts inflicted by CESC on its customers, the Commission should use the powers given by Sec. 57 of the Electricity Act, set stringent standards of power quality, and penalize CESC heavily for violations of these standards.

C.V.Nagaraj, member, Mysore Grahakara Parishat
 

District Forum Holds Bank Responsible for Security Lapses

Holding that State Bank of India had not taken suitable security measures at its Automated Teller Machines, Mysore District Consumer Forum has ordered SBI to return the amount which was withdrawn unauthorizedly from the account of one of its customers (order passed on 27-8-09 in Case No. CC/09/207).

Srinivas Gudi is a marine engineer working for Shell International Shipping and Trading Company. On 3rd and 4th December of 2008, Rs. 99,000 was withdrawn from ATMs in Malaysia using his SBI debit card and his code number. But Gudi was on duty aboard a ship in the middle of the Atlantic Ocean at that time. Gudi's wife noticed this large debit from his account and called him immediately. Using satellite phone, he called his bank and informed them of this unauthorized withdrawal from his account.

When Gudi finished his tour of duty and came back to Mysore, he again contacted the bank to get his money back, but the bank insisted that the withdrawals were done using his debit card and his code number. Gudi's protestations that he had his card with him on the ship all the time and that he had not disclosed the code number even to his family members bore no fruit. So he decided to file a complaint before the Mysore District Consumer Forum.

During the hearings, M.Y.Kumar, the advocate for the complainant produced documents from the internet which showed that hackers routinely hack into computers of card companies, obtain credit card numbers and code numbers and use this information to steal millions of dollars from ATM machines all over the world. In the background of this widely available information, the advocate argued that SBI had not taken suitable precautionary measures, especially, implementing the smart chip technology which is being used in more than 65 countries to prevent such fraudulent withdrawals from the accounts of unwary customers.

The Forum agreed with these contentions and ordered SBI to reimburse the amount fraudulently withdrawn from Gudi's account. It also awarded Rs. 10,000 towards mental agony suffered by Gudi and Rs. 16,000 for other expenses incurred by Gudi.

P.M. Bhat, Member, Mysore Grahakara Parishat

Chattisgarh Delegation Visits MGP

Fifty people's representatives and officers of various local bodies in Chattisgarh state visted Mysore Grahakara Parishat office in two batches on 18-8-09 and 25-8-09. They interacted with MGP members on civic and consumer issues. They were given a demonstration about how various foods are adulterated and how one can detect such adulteration.

The Chattisgarh delegation was accompanied by Prof. V. Jagannath, HUDCO professor at State Institute of Urban Development. MGP members who interacted with the delgation included Dr. Bhamy V. Shenoy, C.V. Nagaraj, Dr. T.N. Manjunath, B.Vaikunth Shenoy, P.M. Bhat, Maj. Gen. (Rtd.) S.G. Vombatkere, Asha Vombatkere, Sreemathi Hariprasad and V.Gurusankar.

D V Dayanand Sagar, Member, MGP

A Shocking Decision By The Supreme Court

A shocking decision by the Supreme Court in which it has termed a provision of law as legal fiction and disregarded it has been reported recently (III (2009) CPJ 2 (SC)).

Abhilash Jewellery is a jewelry shop in Thrisur district of Kerala. It had bought insurance from New India Assurance Company for Rs. 1.15 crores. When the policy was in effect, 588 gms. of gold was stolen from the shop. When the shop filed the insurance claim, it was rejected for the reason that the stolen gold was in the custody of an apprentice. One of the conditions of the policy was that insurance would be paid if the gold was in custody of an employee. The insurance company said that an apprentice is not an employee and so refused to pay the insured amount.

The jewelry shop filed a complaint before the National Consumer Commission arguing that under Sec. 2(6) of the Kerala Shops and Commercial Establishments Act, an apprentice is also an employee. The same interpretation appears in many other statutes also. The National Commission agreed with this argument and ordered the insurance company to pay up.

The insurance company appealed to the Supreme Court against this decision. The Supreme Court reversed the order of the National Commission saying: "The contract of insurance no doubt uses the word 'employee', but it does not say that the word 'employee' in the contract of insurance will have the same meaning as in the Kerala Shops and Commercial Establishments Act or the Employees State Insurance Act or any other enactment. In various enactments, the word 'employee' has no doubt, been defined to include an apprentice, but that is only a deeming provision and a legal fiction by which the word 'employee' has been extended. Legal fictions are well-known in law. For example, Section 43(3) of the Income Tax Act defines "plant' to include a book. Ordinarily, a plant means a factory, and by no stretch of the imagination can we call a factory a book. However, the Income Tax Act deems a book to be a plant for the purpose of depreciation. Many such illustrations of deeming clauses or legal fictions can be given. The definition of an employee in various enactments which include an apprentice within the ambit of the definition is such a piece of legal fiction. That however does not mean that an apprentice is an employee. In the present case, since the word 'employee' has not been defined in the contract of insurance, we have to give it the meaning which it has in common parlance. In common parlance, an apprentice is a trainee and not an employee."

There are some serious problems with the decision of the Supreme Court:

1. The Court has said that in common parlance, an apprentice is a trainee and not an employee. What is "common parlance"? Do people commonly know that an apprentice is a trainee and not an employee? The answer must be no. Then how do we find out the common usage of the word? The Oxford Dictionary, reputedly the most authoritative of all dictionaries, merely says that an apprentice is a person learning a skilled practical trade from an employer. But it does not definitely say that he is not an employee. What are we to do now? Shall we look the word up in the internet? According to the internet, an apprentice is considered an employee in America, England, Australia, etc. Then, is this not the meaning of "apprentice' in common usage?

2. Plain Meaning Rule is a principle used by courts. According to it, if a word used in a document is not defined in that document or in a related law, it should be given its plain meaning. In the present case, the word 'employee' may not be defined in the insurance contract, but according to the relevant laws, it is clear that an apprentice is also an employee. So there is no need to invoke the plain meaning rule for the word 'employee'.

3. It appears that the Court is not interpreting the phrase 'Legal Fiction' correctly. The procedural device used by courts when justice is not being done due to a defect in the law is called legal fiction. One example. In olden days one could only sue persons. In those days, when a company cheated a person, he could not, under the laws extant, file a case against the company. Realizing that this was unjust, courts delivered justice by creating a legal fiction that a company was a person for the purpose of law. (Nowadays, laws include companies in the definition of the word 'person'. So there is no need for the courts to resort to legal fiction in the matter of companies.) But when the law clearly says that an apprentice is an employee, the courts can not go against it.

4. If all courts disregard what is clearly spelt out in a law calling it legal fiction, then all laws become meaningless. Our Constitution reserves the power to make laws to the legislature. Judiciary can not exercise that power. The Supreme Court itself has repeatedly held that, in interpreting a law, no violence must be done to the language and the intention of the law. The order of the Court in dismissing Sec. 2(6) of the Kerala Shops and Commercial Establishments Act defining an apprentice to be an employee as a legal fiction violates these earlier orders.

Prof. S.K. Ananda Thirtha, Member, Mysore Grahakara Parishat

Electricity - Charging More For Less Quality And Quantity

The five electricity supply companies (ESCOMs) in Karnataka have applied for yet another increase in tariff. The quality of power supply is steeply deteriorating with severe load-shedding, frequent interruptions and voltage fluctuations, but the ESCOMs keep asking for higher tariffs at every opportunity. As a result, the electricity tariff has increased by 60% in the last 9 years in Karnataka.

The gap between cost and quality of electricity in Karnataka has caused so much damage to the economy of the state that Federation of Karnataka Chambers of Commerce and Industry (FKCCI) has filed a petition before Karnataka Electricity Regulatory Commission seeking the cancellation of license to the five ESCOMs.

Indian Electricity Act 2003 and Karnataka Electricity Reforms Act 1999, which govern the electricity industry in Karnataka, emphasize 'promotion of competition, efficiency and economy', 'economical use of the resources', 'optimum investments', 'interests of the consumers' and 'commercial principles'. These Acts and the National Electricity Policy stress on providing reliable power of specified quality standards in an efficient manner and at reasonable rates for protecting the consumer interests and the environment. If one looks at the history of ESCOMs in the state, it is clear that we are not getting close to these goals.

IE Act mandates that power supply shall not be given to installations without accurate metering. But none of the ESCOMs has ensured accurate metering for all installations.

KER Act stipulates that the tariffs progressively reflect the cost of supply of electricity at an adequate and improving level of efficiency. This goal is still unrealized.

These Acts clearly expect that the cross-subsidy from one class of consumers to another should be eliminated early. But the subsidy by the state government and the cross-subsidy by commercial and industrial consumers are continuing.

'Promotion of competition,efficiency and economy' is not happening as evident by the huge aggregate technical and commercial losses in the state, estimated to be about 30% against best practice of less of than 10%. The overall efficiency of the ESCOMs is amongst the lowest in the world.

Protecting consumer interests and the environment appear to be of very low priority. The number of consumer complaints is steeply increasing and the abuse of nature is unabated in the form additional coal-based and dam-based power stations being planned to mask the huge inefficiency in the industry.

Despite such inefficiency, unaccountability and noncompliance with the directions of the IE Act, it is amazing that the ESCOMs are still in business. The only way things will improve is if the consumers rise up in large number to oppose the tariff increase before KERC or if KERC rules in favour of the FKCCI petition. The last day for consumers to submit their objections to the Chescorp rate hike is Sept. 14.

Shankar Sharma, Member, Mysore Grahakara Parishat

Rubber Tube Patches are No Way to Safeguard Water Qualilty

I recently saw a trench being dug to repair a leak in an underground water main in Yadavagiri. When I peeked in the trench, I saw that a hole in the main had been repaired by wrapping cycle tube rubber strips around the hole. It is learnt that this is the standard way to repair underground water mains and connect two pipe sections.

It is obvious that such repairs are shoddy and unacceptable from the public health point of view. Water will leak during high pressure periods (as it is doing in the photo) and water outside the pipe will be sucked in during negative pressure periods, contaminating the whole water supply. Over a relatively short period of time, the rubber will disintegrate completely and one will have to dig again and repair again.

The correct way to repair is by welding which will make the joints watertight and long-lasting. It is high time that VVWW gives its workers welding equipment and trains them to use it.

B.Vaikunth Shenoy, Member, Mysore Grahakara Parishat

Unique Identification of Indian Citizens

The scheme

The Unique Identification Authority of India (UIA) formed in February 2009 is set to provide a unique number to all Indian citizens by 2011, at a cost presently estimated between Rs.30,000 to Rs.150,000 crores, with initial budgeted outlay of Rs.100 crores for the current year. It is expected to create 100,000 new jobs and business worth Rs.6,500 crores. UIA will create and operate a database to create a Multi-purpose National Identity Card for all citizens over 18 years of age, with a unique number along with photographs and biometric data. It will link together various existing identity databases like passports, ration cards, licences and border area ID cards, to empower poor people by reducing or eliminating the need for them to bribe corrupt officials, and also address the widespread corruption in provision of subsidies and poverty alleviation programs like the NREG scheme, and check illegal immigration and terrorist threats. It is understood that providing smart cards is not included in the UI scheme, and that though obtaining the UI will not be mandatory, lack of UI may result in denial of facilities that call for it.

While any task is open to improvement, and it is not the present writer’s intention to belittle the efforts of government to create a database that will be of future value, it is well to address what may be the practical difficulties based upon known circumstances and facts, especially in rural areas.

Data acquisition

The scope of the UI scheme appears to be substantially much wider than any existing database such as passport, ration card, Electors Photo Identity Card (EPIC), etc. The target date of 2011 leaves only 29 months to formulate the scheme, create the personnel infrastructure, acquire data, perform data entry and validation, and put the database into operation. Obviously the system will be of use only with periodic updating continuously into the future, for which permanent systems will have to be set up starting with the immediately created personnel infrastructure. Updating involves continually obtaining raw data of people as they attain the age of 18 years and deleting the UI of persons who die, migrate or emigrate. While the number of data records involved in the updating process will be enormous, the creation of the initial database is monumental and is itself a moving target, since about 50,000 people cross Age-18 every day. At present, persons above 18 years of age number over 700 million, and would have increased by around 40 million by 2011.

Besides its design, the validity of a database scheme depends upon the accuracy or reliability of information, the speed with which it is acquired, and the rate and periodicity at which update information arrives. Personal raw data (photograph, demographic, biometric, links with other databases, etc.) has to be acquired by some person at the ground level by actual contact with individuals. The experience with provision of EPICs ordered by the Election Commission of India (ECI) is well known. The data needed for EPICs is limited; photograph, name, sex, date of birth, and address. Even with this limited data, large numbers of EPICs are known to be erroneous (with serious errors especially in sex and age, and photographs of very poor quality) primarily because of careless data entry by hired personnel of the contracted agency, which made the excuse of illegible raw data provided by the electors.

Biometric data for the UI database would perhaps be height, colour of eyes, fingerprints and blood group. To acquire this data, actual measurement of height, noting eye-colour and testing for blood-group would have to be made, since ration cards do not carry these details and the percentage of Indians who have passports is negligible. Thus, besides identifying individuals correctly before acquiring their biometric data, the accuracy and reliability of this data of people who live in accessible and interior villages (where over 60% of Indians live) would be heavily dependent upon the training and sincerity of persons who are appointed to go to the people to record it. There is virtually no accountability of the enumerators for the accuracy or reliability of the data acquired especially since, with a deadline of 2011, they are likely to rush to provide the volume of raw data called for by the UI Authority. Finally, the UI Authority will have no means of verifying the accuracy of the raw data flowing in from distant locations all over the country. Even if spot checking is done and errors detected, correction will be a challenging task. Thus the value of the UI database can be seriously compromised.

Collection of raw data could be delegated to the existing official administrative infrastructure. For elections or census, teachers and other government officials are made to carry out enumeration, to the neglect of their routine duties. But whether the UI Authority uses the existing official administrative infrastructure or outsources the work to contractors for enumeration (creation of 100,000 jobs and Rs.6,500 crores business), the common denominator is likely to be the validity of the incoming data.

Logistics and cost

The logistics of biometric data acquisition are enormous. The logistics that the ECI mobilizes for elections is huge and is done only when elections are due, but the UI Authority’s logistic needs would be continuous and on-going even beyond the target of 2011 set for database creation. The financial cost of upto Rs.150,000 crores may be accepted by Parliament, but the benefits of creation and maintenance of the database may also need to be quantified, howsoever approximately.

Rights issues

Obtaining the UI Number is not mandatory. Thus people who would want the UI Number but to whom there is little access because of living in remote areas, and people who are absent from their home when the enumerator visits would not be blamed. But such people and also genuine citizens who exercise their right not to obtain a UI Number will inevitably be confused with people who do not want to be identified either because they are illegal immigrants from neighbouring countries or because they have nefarious or anti-national aims. Such inevitable confusion would make genuine citizens without UI Numbers targets for police or other checks, and consequent loss of rights. At the same time, making UI Number mandatory may bring up constitutional issues because of the State assuming the restrictive role of “Big Brother” that limits or restricts individual freedoms. Therefore the concept of UI Number is one that perhaps calls for urgent legal discussion.

Conclusion

Government of India has created the UI Authority in February 2009 with laudable aims. However, the information placed in the public domain is negligible. The entire issue demands more transparency and public debate, and should not become yet another scheme created by the bureaucratic mindset that fails to deliver planned results, especially with the huge outlays suggested.

By Dr.S.G.Vombatkere

Dr.S G Vombatkere is the President of Mysore Grahakara Parishat