Wednesday, February 25, 2015

कुछ तो लोग कहेंगे, लोगोंका काम है कहना।


LAND ACQUISITION BILL

1.         It is draconian, it is more sinister than British Raj, it is a land grab, government is against farmers, modi is property dealer, farmers are being bulldozed – all opposition parties are crying hoarse on the land acquisition bill. What are the contentious issues, what are the differences from the UPA bill and why the opposition is opposing. Let us see one by one.

2.         Original Land Acquistion Act. “The land acquisition act of 1894 was created with the purpose of facilitating acquisition by the government of privately held land for public purposes. The word "public purpose", as defined in the act, refers to the acquisition of land for constructing educational institutions or schemes such as housing, health or slum clearance, as well as for projects concerned with rural planning or formation of sites. The word "government" refers to the central government if the purpose for acquisition is for the union and for all other purposes it refers to the state government. It is not necessary that all the acquisition has to be initiated by the government alone. Local authorities, societies registered under the societies registration act, 1860 and co-operative societies established under the co-operative societies act can also acquire the land for developmental activities through the government.” - Sourse Wikipedia. The most relevant issue as far as the land owner is concerned is compensation. On compensation this law further states that – “Provision for settlement of dispute pertaining to apportionment of the compensation amount is available under section 30 of the Act. In such a situation, the Deputy Commissioner should refer the matter to the court. The claimant will be entitled to the compensation which is determined on the basis of the market value of the land determined as on the date of preliminary notification. According to section 34, if there is delay in payment of compensation beyond one year from the date on which possession is taken, interest at the rate of 15 per cent per annum shall be payable from the date of expiry of the said period of one year on the outstanding amount of compensation until the date of payment.”   - Source Wiki.

3.         Contentious Issue of Compensation.

Over the years it was considered that the compensation is not enough considering it is not only the land but the livelihood of many. Land was seen as a source of regular income, a capital especially for farmers. Therefore there was urgent requirement of amending this law as per the changed social situations and aspirations of the land owners. In 2013 UPA came out with draft amended land acquisition bill which did not see the light of the day. The bill came up after a prolonged consultative period with all stake holders. BJP introduced a refined and improved version of the bill plugging impractical corners of the bill. Let us see the main difference between the three bills at a glance in the table given below.

4.         Differences in the Land Acquisition Bill.

Table : Major Differences in the Land Acquisition Bill

Feature
Land Acq Bill (LAB) 1894
UPA LARR 2013
NDA - LAB ORDINANCE
Compensation
Market rate only.
For a typical rural household that owns the average of 3 acres of land, the Act will replace the loss of annual average per capita income of Rs.11,136 for the rural household, with:
  • four times the market value of the land, and
  • an upfront payment of Rs.1,36,000 (US$ 3,000) for subsistence, transportation and resettlement allowances, and
  • an additional entitlement of a job to the family member, or a payment of Rs.5,00,000 (US$ 11,000) up front, or a monthly annuity totaling Rs.24,000 (US$ 550) per year for 20 years with adjustment for inflation – the option from these three choices shall be the legal right of the affected land owner family, not the land acquirer, and
  • a house with no less than 50 square meters in plinth area, and
  • additional benefits may apply if the land is resold without development, used for urbanization, or if the land owner belongs to SC/ST or other protected groups per rules of the Government of India
If the affected families on the above rural land demand 100% upfront compensation from the land acquirer, and the market value of land is Rs.1,00,000 per acre, the Act mandates the land acquirer to offset the loss of an average per capita 2010 income of Rs.11,136 per year created by this 3 acre of rural land, with the following:
  • Rs.18,36,000 (US$ 41,727) to the rural land owner; which is the total of R&R allowances of Rs.6,36,000 plus Rs.12,00,000 – which is four times the market value of the land, plus
  • a house with no less than 50 square metres in plinth area and benefits from Schedule III-VI as applicable to the rural land owner, plus
  • additional payments of Rs.6,36,000 each to any additional families claiming to have lost its livelihood because of the acquisition, even if they do not own the land
(Source Wikipedia and PDF document)
Same in addition, the ordinance has brought 13 land acquisitioning acts left in LARR 2013 bill under its ambit, thereby increasing the number of beneficiaries.
 
The LARR Act 2013 exempted 13 laws (such as the National Highways Act, 1956 and the Railways Act, 1989) from its purview. However, the LARR Act 2013 required that the compensation, rehabilitation, and resettlement provisions of these 13 laws be brought in consonance with the LARR Act 2013, within a year of its enactment, through a notification. The Ordinance brings the compensation, rehabilitation, and resettlement provisions of these 13 laws in consonance with the LARR Act 2013.
(Source  - PRS legislative research)
Expanding the Categories
-
The LARR Act 2013 requires that the consent of 80% of land owners is obtained for private projects and that the consent of 70% of land owners be obtained for PPP projects.
 
The Ordinance exempts five categories from this provision of the Act. The five categories are defence, rural infrastructure, affordable housing, industrial corridors and infrastructure projects including Public Private Partnership (PPP) projects where the central government owns the land.
Social Impact Study and acquisition of multicropped land and irrigated land beyond certain limits
-
LARR 2013  - these are applicable to all types of acquisition.
Applicable to all types except - The five categories  -  defence, rural infrastructure, affordable housing, industrial corridors and infrastructure projects including Public Private Partnership (PPP) projects where the central government owns the land.
Return of unutilized land.
 
The LARR Act 2013 required that if land acquired under it remained unutilised for five years, it was returned to the original owners or the land bank.
 
Ordinance states that the period after which unutilised land will need to be returned will be five years, or any period specified at the time of setting up the project, whichever is later.
Period of retrospective application
-
The LARR Act 2013 states that the Land Acquisition Act, 1894 will continue to apply in certain cases, where an award has been made under the 1894 Act. However, if such as award was made five year or more before the enactment of the LARR Act 2013, and the physical possession of land has not been taken or compensation has not been paid, the LARR Act 2013 will apply.
 
Ordinance states that in calculating this time period, any period during which the proceedings of acquisition were held up: (i) due to a stay order of a court, or (ii) a period specified in the award of a Tribunal for taking possession, or (iii) any period where possession has been taken but the compensation is lying deposited in a court or any account, will not be counted.

 

5.         Aim of Amending the LARR 2013 Act.  The social impact study include public hearings and expert committee report and action renders the acquisition process extremely time consuming and impractical. Land acquisition social impact study may not see the light of the day. The clause of return of unutilized (for 5 years) land is highly impractical as the all the big projects have a gestation period running into years which easily surpass 5 year period. No project would then see the light of the day. In effect the LARR 2013 was such a piece of legislation arrived by true democratic spirit of taking into account all the suggestions of all the stake holders without going into its merits and practicality that the legislation would sure prove to be anti-acquisition and anti-growth. It is an excellent example of how a thing cannot be get done as a result of impractical legislation.  

6.         Why Opposition.     It is very easy to paint the party in governance as anti-people / anti-farmers. The opposition does not have anything else to sensationalise and to attract the masses at present. Kejriwal finds it very easy to oppose everthing as his is a fledgling party. So he calls Modi property dealer. As it is people have seen how many times kejriwal has misled the people for votes. He believes in freebies rather than wealth creation. BSP, JD (U), SP knows that elections are due in UP and Bihar and if they can paint BJP as anti-farmers they could gain votes.  Leftist have found that if they oppose they can still remain relevant for some more years in India. Congress wants to remain a player in politics and this is one issue which can touch emotions of farmers. Their seriousness though could be understood by absence of Rahul Gandhi in budget session. They know farmers are not going to read the fine print and so are trying out at chicanery to change the perception of BJP from a performing government to an anti-farmer party. TMC knows that they are on slippery ground on Sharada Chit Fund scam and any attention deflecting subject is welcome. Akali Dal is opposing as elections are round the corner in Punjab and they are on slippery ground. I really have a doubt whether Shri Anna Hazare has really read the fine print of Ordinance.

7.         Tailpiece.      Key infrastructure projects worth lakhs of crores have been stalled because of impractical land acquisition legislation. If it is not done, projects won’t get completed.  The costs would keep getting escalated and the benefits of completed projects would not get accrued. It would be a waste of national wealth. BJP should go on regardless. Otherwise it will fritter the mandate. Opposition would mount another attack on the ground of non performance of the government, which is bound to get manifested with this flawed LARR 2013 legislation.

कुछ तो लोग कहेंगे, लोगोंका काम है कहना।

छोडो, बेकारकी बातोंमे, कही बीत ना जाए रैना।।

 

 

Thursday, November 6, 2014

SWATCHA BHARAT ABHIYAN

Prime Minister Narendra Modi exhorted citizens of our nation to take in SWATCHA BHARAT ABHIYAN during Republic day speech and thereafter launched country wide programme. We all keep complaining about our dirty public places and we all know the importance of cleanliness. Therefore I am not going to write much on the necessity of cleanliness. From TV channels, other media and also we experience that this cleanliness mission is not getting the drive as it should get because of deep rooted apathy towards cleanliness. To inculcate proper civic sense, this drive should be continued for one generation atleast otherwise the habit of living in self-created garbage. So here are some very practical suggestions to atleast ensure that individual garbage creation is less.

-         Please identify a place or a corner outside your place of residence and adopt it for cleanliness drive. Clean it every week regularly. Desist others from dumping garbage in the selected place whenever you find somebody about to dump. Do it regularly.

-         Please instruct servants how to and where to dump your garbage. Many times without proper instructions the servants just dump at the nearest and easiest place available the moment they come outside the house with garbage. People frown at the households who have not instructed the servants.

-         Those who keep pets should always carry a polyethylene bag and news paper. One should not feel shy in collecting the POO of the pet and throwing it in the garbage dump. It shows good etiquettes. An owner not cleaning the POO is as bad as squatting outside for defecation.

-         Try and do community cleaning every week with your children along for about an hour outside the house. It will give healthy exercise and would inculcate cleanliness values to next generation. It will also creat sense of belongingness towards the vicinity area and would compel you to keep it clean always.

-         Please lessen EGO for cleanliness. Many times when it comes to cleaning an area which does not belong to us our ego comes in between. We start searching for excuses for not cleaning. This is actually job of corporation, only last week only I cleaned the place, people dirty it  - I am not their servant to clean and they dirty the place. Take cleaning the surroundings as a mission this would make you more tolerant and persuasive when others don’t cooperate.

-         Be regular in cleaning the selected corner / place. Take pride in keeping it clean, be restless when it is not clean, this sense of restlessness would come if you grow sense of belonging and attachment with the selected place. Try to do so.

Wednesday, July 23, 2014

DESPICABLE ACT OF RAJAN VICHARE



Shri Rajan Vichare forced the catering supervisor to eat the Chapati in order to show him the bad quality of the chapatti. This act was seen by many on TV news channels. Even if the act was done just to show the quality of the food, the act itself is despicable, and should be unequivocally condemned. This amounts to manhandling of a person and trespassing personal freedom. It also amounts to insult of the individual and trying to hurt that catering supervisors self-esteem.

In a society, people judge a person on his external acts rather than on his intentions and thinking. Our image is built by our deeds and not by our intentions. This is more applicable to public figures and even more to elected members. Even if there was a need of taking corrective action for the quality of food was not good, this is not the way to do. To trespass other persons freedom amounts to showing extreme arrogance. Mr Rajan Vichare’s actions amounts to just that. Arrogance of power. As an elected member of parliament he had all the power to take executive action against faltering catering supervisor instead without thinking Mr Rajan Vichare displayed his arrogance of power and immaturity.

In this context the only way is Mr Rajan Vichare should publicly apologize to catering supervisor. Also other political parties should not give this act a Hindu Muslim colour and should show some maturity of thought and action.

Sunday, July 20, 2014

BOOKER PRIZE WINNER INSULTS MAHATMA GANDHI


While delivering a lecture on Mahatma Ayyankali two days ago, Arundhati Roy called Mahatma Gandhi a castiest. “It is part of a political conspiracy to perpetuate the caste system that such heroes are never celebrated. All the while, the nation has been fed on centuries of lies about “mahatmas,” who never openly renounced the caste system but instead, advocated that the hereditary occupation of people who belonged to a particular caste ought to be the maintained social order, she said “The story of Gandhi that we have been told, is a lie. It is time to unveil a few truths, about a person whose doctrine of nonviolence was based on the acceptance of a most brutal social hierarchy ever known, the caste system. Gandhi believed that a scavenger should always remain a scavenger. Do we really need to name our universities after him?” Ms. Roy said.

 

Now everyone knows about Mahatma Gandhi, Sawarkar who alongwith Mahatma Phule and Mahatma Ayyankali were at the forefront to eradicate caste system. To remember Mahatma Ayyankali and Mahatma Phule doesn’t require to critisize Mahatma Gandhi. Mr Arundhati typical of her attitude to remain in public glare, often comes out with such outrageous comments.

 

She has earlier shown her anti national colours and now she has shown her disrespect to our father of nation. Just to remain in public glare, one cannot denounce others. This is what Kejriwal also does.

 

One can have differences of opinion but we cannot forget the work done for our freedom movement by these great men. Winning a Booker doesn’t grant someone a license to make irresponsive comments.  

Friday, May 23, 2014

A COMPLETE ANARCHIST


First it was legislature, then executive now it is judiciary. Kejriwal in order to remain in limelight, does a drama a day. He threw up Chief Ministership for Prime Ministership – displaying tremendous lust for power. That did not happen. In order to remain relevant, has started this new stunt. Knowing very well the procedure of the court, just for the sake of getting noticed, Kejriwal refuses to submit a bond. His second in command Yogendra Yadav, a much sensible man, have done it. Kejriwal blames the system. He writes a letter from the jail and tries to justify his doing which is nothing but contrary to the judicial procedure.

Leveraging the fact that he is at present in the jail, AAP is now planning a door to door campaign. Hope Delhi people don’t get fooled again by his gimmicks and put a firm NO when Delhi election happens.

Wednesday, May 21, 2014

AT IT AGAIN


In Delhi elections (Dec 2013) AAP became second largest party with 28 seats and formed the government with Congress support. Though he was CM, Kejriwal did not stop using cheap publicity tactics and anarchist ways.  In order to reap rich dividends in General elections, Kejriwal driven by his ambitions resigned as CM and entered the fray. He thought that once again he would come winner like in assembly polls. Hastily, without any homework, picked up some names and declared them as most corrupt. Mr Nitin Gadkari was one such name. Promptly Gadkari slapped a defamation case against Mr Kejriwal. Court during the hearing made scathing remarks on Mr Kejriwal and directed him to submit Rs 10, 000 as surety. Now Kejriwal having lost both Varanasi and Delhi sensed another opportunity to display his gimmicks. He promptly refused to submit 10, 000 Rs bond and therefore was ordered for judicial custody till 23 May 14.

The case is entirely subjudice and  legislature or executive is not involved in it. Though now AAP in Delhi has started false propaganda that just because he has taken against Mr Nitin Gadkari, BJP is being vindictive therefore they have sent him to jail. This is nothing but shear propaganda in order to garner sympathy votes for ensuing Delhi elections, which are being forced upon AAP on the people by heckles resignation by Kejriwal.

People of our country in general and of Delhi in particular are intelligent enough to see through the game plan of Kejriwal and once again they would give a fitting reply to AAP in the elections. BJP should be cautious in dealing with this anarchist and gimmick mongering Kejriwal.

Monday, May 12, 2014

RASHTRAVRAT - EXERCISE


One of the ten fundamentals of Rashtravrat is ‘Hone your skills, pursue your hobby and exercise your body’.

We all agree that exercise is a must. For whatever health care system government or private sector offers us, whatever insurance cover we get, whatever support system we may have, still unless we don’t exercise we will not remain healthy, energetic and cheerful.  Being fit and trim enhances our presentation and soft skills. We need to exercise our body regularly for at least one hour every day. We have to be selfish in pursuing this for keeping oneself healthy throughout our life. We can achieve this by making a tailor made exercise regime suitable for our body consisting of some breathing exercise, some jogging in the morning, some rigorous house cleaning schedule or some dance form. What is important is regularity. If we do it regularly for say 21 days it will become a habit.

Primarily there are two types of exercises. One is based on weight training by using external gadgets and second type of exercise is based on using the weight of oneself. Each type has positive and negative points which should be studied and adopted by the individual as is suitable. In the first case, weights, treadmill or a gymnasium is required. Here external weights are used against which our body applies force outcome of which is our muscles get exercised and get formed. Positive point about this type of exercise is, our body looks sculpted. The negative points are a weight trainer is required; it is expensive and time consuming. External weights and gadgets are more useful for professional body builders, those into acting field and stage performers. In the second case our own body weight is used to impart exercise and to tone muscles like in sit ups, pushups, pull ups, Suryanamaskaras and different Yogasanas. Positive aspect is it is less time consuming, less expensive and does not require any infrastructure. Negative point is, the body remains lean and thin and muscle development is not evident to the extent of the external weight training method. This method is suitable for individuals who are not into showbiz. In fact this is the best method for people who are into sedentary jobs.

Here second type of exercise (using our own body weight) regime is discussed. This exercise is to be carried out in two phases –

First Phase of Exercise - To be carried out early morning with empty stomach. Avoid cacophony of sounds. For pranayama or breathing exercise, the best seating position is Virasana. Breathing exercises should be regularly attempted to get the results. One may not get results instantly. Atleast six months are required for anyone to start noticing positive effects on the body and health. Start with a small prayer which has been constructed by the person himself in his mother tongue. The prayer should be short. It should last for two to three minutes and should contain self-conditioning thoughts.  Carry out pranayama consisting of Kapalbhati, anulom vilom and Dhyan. Kapalbhati, anulom vilom to be increased gradually. To start with kapalbhati to be carried out 28 times, then increased to 108 and then gradually to around 400 times. Same with anulom vilom start with 28 times and increase it to 108 times. The mind should be conditioned to remain happy throughout the day. This should be achieved repeating to self that being happy is a state of mind and to remain happy is a decision that one has to take against all daily worries and work. Duration should be around 30 minutes. When carried out regularly, without realization of the individual, the regimen gets optimally developed to suit the health requirements of the performing individual.

Second Phase of Exercise – While the time of the day for first phase is critical, one can carry out this phase at his free time. Typically it should start with jogging and running upto 3 kms.  it goes without saying that run / jog distance to be increased gradually. Followed by 12 suryanamaskaras. This must be followed by neck exercises to take care for those sedentary computer professionals who run a risk of cervical spondylitis. For exercising the neck, apply pressure by the left palm to push the head and resist the pressure firmly with the neck. Hold till 30 counts. Same exercise should be repeated by pushing head towards left by right palm and then with the palm, push head downwards, upwards, towards front and rear. This exercise is very effective on cervical spondylitis.  
Read about Rashtravrat to know more about it.

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