M A I N   N E W S

Cabinet okays proposal to clear quota job backlog
1 pc hike in DA for Central staff;
illegal property transfer to be curbed

NEW DELHI, March 29 (PTI, UNI) — The Union Cabinet today approved a proposal to amend the Constitution to consider backlog vacancies for Scheduled Castes and Scheduled Tribes as a separate class whereby it would not fall under the 50 per cent ceiling.

“The backlog would be treated separately and will not be clubbed with the new recruitment drive,” Communications Minister Ram Vilas Paswan told reporters after an hour-long Cabinet meeting here.

For this purpose, the Cabinet decided to amend Article 16 of the Constitution appropriately to enable consideration of the backlog as a separate class of vacancies to be filled up in any succeeding year or years, an official spokesperson said.

Such class of vacancies, she said, would not be considered together with the current vacancies of the year in which they were being filled up for determining the ceiling of 50 per cent reservation on the total number of vacancies of that year.

The Department of Personnel had issued a memorandum in 1997, according to which not more than 50 per cent vacancies, including backlog, can be filled up in one year. The memorandum was issued following a Supreme Court judgement in the Indira Sawhney versus Union of India case.

The Prime Minister Mr Atal Behari Vajpayee, had also assured Parliament in March last year that the government would bring suitable amendments in the Constitution if required.

In another major decision to curb illegal transfer of property, the government today announced that it would amend three related acts to enable a buyer compulsory registration of general power of attorney and restricting the registration only in that area, where the property is situated.

The decision will help check benami and unauthorised property transactions, the official spokesperson told mediapersons after the meeting.

It is proposed to introduce legislation to suitably amend the Registration Act 1908, the Transfer of Property Act, 1882, and the Indian Stamp Act, 1899, the spokesperson said.

The proposed Bill — the Registration (amendment) Bill, 2000 — will be introduced in the resumed Budget session of Parliament.

The spokesperson explained the Conference of Chief Ministers and Finance Ministers of states and Union Territories in September, 1998 had recommended for compulsory registration of general power of attorney which may be in the nature of a contract to sell immovable property and for consequential amendments in the Registration Act, Indian Stamp Act and Transfer of Property Act.

The proposed legislation requires that the document containing contracts to transfer for consideration any immovable property for the purpose of Section 53A of the Transfer of Property Act concluded after the coming into force of the proposed legislation would require registration. Sub-Section (2) of Section 30 of the Registration Act provides for registration of property situated in any part of India in registry in a presidency town or Delhi.

This provision has been largely misused for illegal transactions and the state governments have been deprived of the revenue which otherwise would have accrued to them.

It is proposed to do away with this provision. The proposed amendments also make it lawful for the registering officer to keep the books necessary for registration in computer floppies and diskettes subject to certain safeguards.

It is also proposed that any person executing a document shall be required to affix his passport size photograph and finger prints to the documents.

The proposed legislation also seeks to amend the Indian Stamp Act to levy 90 per cent of stamp duty as a conveyance for contracts for the transfer of immovable property in the nature of part performance under Section 53A of the Transfer of Property Act. Consequential amendments are also proposed in Section 53A of the Transfer of Property Act.

The Union Government also hiked dearness allowance (DA) rate to its employees and pensioners by 1 per cent to 38 per cent from January 1, 2000, resulting in an additional annual financial burden of Rs 400 crore.

Announcing this Cabinet decision, the official spokesperson told reporters the DA rate hike would result in an outgo of Rs 465 crore in next financial year as it included about Rs 65 crore for three months from January this financial year.

DA to central government employees is revised twice a year — January 1 and July 1 and they are payable with the salary for months of March and September respectively.

The additional financial implications due to DA hike to its employees is Rs 297 crore per annum and Rs 346 crore for 14 months from January 1 this year to March 31 next year. In case of pensioners, the burden is estimated at Rs 102 crore per annum and Rs 120 crore for the 14-month period.

The spokesperson said the Cabinet also approved an amendment to the Public Enterprises Selection Board (PESB) Resolution to lay down a mechanism for making appointments to the board level posts in PSUs without reference to PESB.

In case of sick PSUs, the administrative secretary in consultation with PESB could decide the process of recruitment of Chairman, Managing Director without insisting on the rule of immediate absorption. This would, however, require the approval of Cabinet Secretary.

The Union Cabinet today gave in principle its approval for setting up an airport of international standards at Mopa in Goa on the Build Own Operate Transfer (BOOT) basis.

The selection of private party will be made through a global tendering process, an official spokesperson told mediapersons after the Cabinet meeting.

The existing airport will be closed for civilian operations, after the commissioning of new airport. The new airport will solve problems of congestion at the existing airport, remove operational problems of the Airport Authority of India and will lead to growth in industrial and tourism sector. The Cabinet decision also made a commitment that the proposed new airport at Mopa will be declared international airport on its commission in case, it has all the necessary infrastructure facilities required for an international airport.