Sweeping Beauty or Sleeping Beauty?

A street sweeping machine was procured by MCC last year at considerable expense and much fanfare. This sweeping beauty is found mostly parked in front of the MCC Office or under repair on the streets with a couple of mechanics attending to the defects (see photo). We were told that the machine is being used during the night hours to clean the streets, but I have not met anyone who has seen it working. Will the MCC publish its schedule so that interested people like me can see it in action?

Vasanthkumar Mysoremath, Mysore Grahakara Parishat

Yadavagiri Reservoir Roof Collapses Again?

Last evening (22-7-11), I heard a loud sound from the direction of the Yadavagiri water reservoir. I knew that a section of the roof must have collapsed, because when I last heard a similar sound (26-4-11), I found that the a portion of the roof had crashed down. This afternoon I noticed that several workers were installing corrugated sheets at the farther end of the reservoir. It appears that another section of the roof has caved in and repairs are being done to cover the hole.

K.M.Chaithanya Prasad, Mysore Grahakara Parishat

Another Weapon For Consumers

Before 1987, people in India had no option but to approach civil courts to solve their consumer problems. Since civil courts were extremely slow and also expensive, most people with problems did not bother to go to courts. But in 1987, the Consumer Protection Act came into effect and the citizens had a fast and inexpensive means of solving their consumer problems. In 1988, the Directorate of Public Grievances was set up and the public could approach it to solve all types of problems with central government departments as well as nationalized banks and insurance companies.

The Legal Services Authorities Act, 1987 is another weapon for citizen problems, which is not that well-known. The basic purpose of the Act is to set up Lok Adalats which are intended to settle cases (filed in the regular courts) through arbitration and settlement. Lok Adalats provide fast and inexpensive justice. But in 2002 and 2006, the Act was amended to set up permanent Lok Adalats to handle disputes (deficiency in service, claim for compensation, recovery of money, etc.) related to the following services:

(i) transport (passengers or goods) by air, road or water

(ii) post, telegraph, telephone

(iii) electricity, water

(iv) system of public conservancy or sanitation

(v) hospital, dispensary

(vi) insurance

(vii) banking and other financial institutions.

(It is strange that in the above list of services, public conservancy finds a place. The list could have included municipal services instead. It would have been even better if Mysore City Corporation and Mysore Urban Development Authority had their own Lok Adalats as has been done in Delhi.)

Permanent Lok Adalats are a powerful weapon for the citizens to get redressal for their grievances related to the above services. Anyone who has any problems connected with these services can file a case with the permanent Lok Adalat. The advantages of filing a case before the permanent Lok Adalat are

1. It is inexpensive. There are no court fees. You need not hire a lawyer. You can present the case yourself.

2. It is fast. The permanent Lok Adalat is not bound by the Civil Procedure Code or the Indian Evidence Act. So hearings are very informal and the case is decided within one or two hearings.

The order of the permanent Lok Adalat is final and it can not be challenged in other courts.

The permanent Lok Adalat is somewhat like a consumer court. It is even cheaper than the consumer court since there is no court fee. Consumer Courts do not admit cases against government hospitals when the service is free. But such cases can be filed before the permanent Lok Adalats. Similarly, consumer courts are reluctant to admit cases against municipal corporations, but cases against municipal corporations related to garbage clearance, UGD, pigs, etc. can be filed before the permanent Lok Adalats. The only restriction in Lok Adalats is that the value of the suit be less than Rs. 10 lakhs.

Here is a recent example in which the permanent Lok Adalat was used effectively. N.P. Bhat (noted consumer activist, former Chief Commissioner of Income Tax and former Director General of Monopolies and Restrictive Trade Practices Commission) filed a case before the Permanent Lok Adalat in Dharwad saying that overflowing garbage bin of a community hall near his house had made the whole area very dirty and the stink of the garbage had ill effects on the health of his family. He also complained that overflowing sewage nearby was posing a danger to public health. He further complained that the public toilets at the city bus stand were not cleaned regularly leading to unbearable stench. Even though he and other civic groups had complained often to the Municipal Corporation, no action had been taken on these problems.

Notice were issued to the Commissioner of Hubli-Dharwad City Corporation and two other officials of HDCC and they denied all the allegations made by Bhat. In support of his allegations, Bhat produced affidavits from six citizens. The Lok Adalat said there was no reason to doubt the truth of these affidavits. It also said that photographs produced by Bhat and not disputed by the HDCC officials proved that HDCC failed in their duty to maintain cleanliness in Dharwad. In its award dated 22-6-2011, it ordered that HDCC should rectify these deficiencies and pay Bhat Rs 8,000 as compensation for the suffering of his family and Rs. 100 as costs.

The permanent Lok Adalat for Mysore District is located at the city court complex near 2nd JMFC and 3rd JMFC courts. Its contact number is 233 0130.

Dr. T.N. Manjunath, Mysore Grahakara Parishat

A Geologist's View of Saraswatipuram Underbridge

It is reported in the media that repairs are being done to solve the problem of flooding of the Saraswatipuram underbridge. As a geologist specializing in ground water and having work experience of more than 35 years, let me give my perspective on the problem.

The university playgrounds located just to the east of the underbridge consist of highly fractured and weathered murummic quartz (sand) rich rocks and filled up with brownish sandy soil. The nature of the soil facilitates easy and fast percolation. It might be the reason that there is no significant surface runoff even during heavy rains. The deep road cutting for the railway underbridge accentuates the process of percolation and it is possible that it is the percolated water seeping on to the road that is the main cause of the flooding of the underbridge. If this is the real reason for the flooding, an underground sump may be built on the eastern side of underground road and an automatic pump installed to bail out the water. This work may be taken up now along with the rest of the repairs to solve the problem.

V.Mahesha, Mysore Grahakara Parishat 

Most Levies Of MCC Are Illegal

The functioning of Mysore City Corporation is governed by Karnataka Municipal Corporations Act, 1976. MCC can exercise its powers only within the limits set by the KMC Act and any act of MCC beyond these limits is illegal. In light of this fact, let us see if the various taxes and cesses levied by MCC are legal. 

KMC Act available here is up-to-date and includes all the amendments made to the Act till now. Sec. 103 of the Act lists all the taxes and cesses that can be levied by any city corporation in Karnataka. 

They are 

1. tax on buildings or vacant land or both (property tax)

2. tax on advertisement 

3. duty on certain transfers of property 

4. infrastructure cess on motor vehicles and 

5. solid waste management cess (Water "tax" levied by MCC is not considered a tax but a usage fee and is authorized by Sec. 191 of the KMC Act). The KMC Act also prescribes exactly how property tax is to be levied. Comparing the provisions of the KMC Act with the taxes and cesses levied by MCC, we were shocked to find that most of the cesses levied are illegal and the way the property tax is levied is also illegal. We were not sure that there might not be sections of the KMC Act which escaped our attention which permit the taxes and cesses of MCC and therefore we filed an application under Right to Information to MCC about the legal basis of the taxes and cesses levied by it. We have received the reply and after going through it we are certain that most levies of MCC are illegal.

Let us look at them one by one.

1. Health cess, anti-beggary cess, library cess: The MCC reply quotes government circulars of 30-3-76 (health cess), 30-5-76 (anti-beggary cess) and 26-3-94 (library cess) as the authority for levying these cesses. But as mentioned above, Sec. 103 of the KMC Act permits only five taxes and cesses and no other. Since the health cess, anti-beggary cess and library cess are not in this list and since goverment circulars can not override a law passed by the legislature, these cesses are illegal.
2. Vacant site cleaning cess: Starting this year, MCC is levying a fee of Rs. 0.50 per sq.ft on all vacant sites as cleaning cess. MCC says it is relying on a government circular of 25-3-10 as the authority for the levy. Again this cess is not in the list of Sec. 103 of KMC Act and is illegal.
3. UGD cess: MCC is levying an UGD cess along with the water bill. This is also illegal since it is not in the list contained in Sec. 103 of the KMC Act.
4. Depreciation: In calculating property tax, MCC permits an annual depreciation of the value of buildings based on a government circular of 28-8-03. But there is no provision for depreciation in the KMC Act and so it is illegal.
5. 50% rebate for self-occupation: MCC says the rebate is based on Sec. 109A of the KMC Act. But Sec 109A of the KMC Act which gave 50% rebate for self-occupation was deleted with effect from 1-4-2005. It is amazing that neither the state government not MCC is aware of this change even after six years. So the 50% rebate for self-occupancy is also illegal.
6. Fresh calculation every year: MCC is forcing the citizens to calculate the property tax afresh every year. This is also illegal. Sec. 109A of the KMC Act clearly says that the property tax shall not be assessed each year but shall stand enhanced by 15 percent once in every three years commencing from the financial year 2005-2006. So once the property tax is calculated, it need not be calculated afresh every year after that.

 Perusal of MCC's reply revealed two more anomalies. Firstly, the 2% per month penalty for late payment applies only to the property tax and not to the cesses. This seems absurd.

 Secondly, the online calculator enhances the site value by 10% if it is a corner site. This is in accordance with the property guideline values published by the district registrar. But the printed form does not ask whether the site is a corner site. Property values in various areas of Mysore published by MCC itself in 2007 also do not mention this 10% enhancement for corner sites. So owners of corner sites who use the online calculator pay 10% extra while those who use the printed form do not. This also seems absurd.

P.M.Bhat, Mysore Grahakara Parishat

MCC Commissioner and The Public

It appears that meeting the Commissioner of Mysore City Corporation during the public visiting hours of 3-5 PM is quite difficult. In the last two weeks, MGP tried to meet the Commissioner 10 times and failed on every occasion.

We would first call his office on the phone and if there was a possibility that he was available, we would go to his office. The reasons for not being able to meet him were: he was with the minister (twice), he was preparing for the CM's visit, he was out of town (twice), he had meetings with the DC (this cost us a visit, since we were told he might be back between the meetings), he had scheduled two meetings, one with an expert from Bangalore and one with MCC officials (this also cost us a visit, since we were told that we could meet him between the meetings), he was supposed to be back from Delhi but did not come, City Council meeting ate up the visiting hours, he was at home but did not come to the office (this also cost us a visit).

Some of the reasons, such as the minister's visit, are unavoidable, even though it is not clear why all the top officials from MCC, MUDA, etc. should follow any minister who comes to town. All other reasons are untenable and a breach of public trust.

The MCC Commissioner should not schedule any meetings with officials during the public hours. Even the DC should refrain from holding meetings during public hours, because by doing so, he is showing disrespect to the public who want to see him as well as the public who want to meet officials who attend these meetings such as MCC Commissioner.

Every day, innumerable people including the elderly, women and the handicapped come to see the MCC Commissioner during the public hours. If every one else in the Corporation was doing his or her job efficiently and sincerely, meeting the Commissioner would not be that important. Unfortunately, that is not the case. Flouting of rules and laws, unwillingness to take action against encroachers and illegal builders, not obeying the orders of higher officials are so rampant that the ordinary citizen is forced to approach the Commissioner as a last resort. The sight of dozens of helpless citizens waiting desperately for hours to meet the Commissioner is very sad indeed.

It is also not clear why the MCC Commissioner, when he has gone out of his office on unavoidable duty, does not update his office frequently about his movements and more importantly, about when he will be back. This will make life much easier for the public who call his office to enquire about his availability. It would also be good if the Commissioner's Office keeps a register in which the people who come during public hours can record their names and complaints.

V. Mahesha, Working President, Mysore Grahakara Parishat

Footpaths Must Be Lower

When Mysore City Corporation started using interlocking tiles for footpaths, it also increased the height of the footpaths relative to the road. In many places, the footpaths are so high that in cars parked at the edge of the road, it is not possible to open the doors 

(Vinoba Road next to Nanjaraj Bahadur Choultry). 

Forget the elderly and the children, even ordinary people have trouble getting on the footpaths from the road surface and so slabs have been placed as stepping stones. But these stepping stones obstruct traffic on the narrow cross roads.

 

(Devaraj Urs Road)

The Indian Road Congress specifications recommend that the footpath be 125 mm (about 6 inches) above the paved road. The clearance of doors in most cars on the road is about 250-300 mm (10-12 inches). If the footpath is more than 125 mm high, it becomes difficult to open the door and get down on the passenger side. To avoid this, people tend to park farther from the kerb, thus obstructing passing vehicles (See for example ).

It is imperative that MCC reduce footpath height to the recommended value of 125 mm in the interest of both pedestrian safety and vehicle safety.

B.Vaikunth Shenoy, Mysore Grahakara Parishat

MCC's Online Calculator Calculates SAS Tax Wrongly

Mysore City Corporation provides a calculator on its website which is supposed to calculate your property tax. For multi-storeyed properties, it overestimates the tax and causes loss to the property owner. The calculator is not just incorrect, it also violates laws.

According to Sec. 109 of the Karnataka Municipal Corporations Act, 1976, property tax is assessed on the value of the building plus the value of the land occupied by it. Vacant land around the building is exempt from tax. The MCC calculator calculates the value of the land for each floor of the building and therefrom the tax on the land. For a multistoreyed building, the value of the land and the tax on it must be calculated only once since all floors of the building stand on the same land, but the calculator does it for each floor and thus overestimates the tax. Owners of multistoreyed buildings who use the MCC calculator are paying more property tax than they should.

Now about the violation of laws. The calculator (and in fact all MCC records of properties) measures property dimensions in feet. It is amazing that even after 50 years of banning the British units of measurement and adopting metric units, MCC is still not using metres as units! The Standards of Weights and Measures Act, 1956 made the metre the official unit of length in India. The government and the public were given a grace period of 6 years to convert to the metric system. After 1-4-1962, it is illegal to use non-metric units such as feet. In fact, Sec. 80 of the Standards of Weights and Measures Act, 1976 (which replaced the 1956 Act) mandates that non-metric measures should not even be stated in any enactment, notification, rule or order of the government.

The MCC tax calculator also violates the Karnataka Municipal Corporations Act, 1976.The calculator gives 50% discount for self-occupancy and allows for depreciation, but there are no provisions of the KMC Act which permit them.

In fact, using the calculator to calculate the property tax afresh every year is itself illegal. Sec. 109A of the KMC Act clearly says that the property tax shall not be assessed each year but shall stand enhanced by 15 percent once in every three years commencing from the financial year 2005-2006. So all one has to do is to pay (for 2011-12) 15% more than what was paid in 2010-11.

Another problem with the online tax calculator is that it can only calculates tax for the current year. People who have not paid last year's tax can not use the calculator since it does not give a printout of last year's tax.

P.M.Bhat, Mysore Grahakara Parishat