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Monday,
August 25, 2003, Chandigarh, India  
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UP collects trade tax arrears from BSNL Regulation key to equity-based pension
scheme Benefit of doubt can’t be exaggerated, rules Supreme
Court Sarna keeps political parties on tenterhooks
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Nation comes first, says Modi
Centre pro-sugar lobby, says
Ajit Chandigarh panchayats powerless, says
Bansal Corner
Oppn, Naidu tells BJP workers Congress high command to meet Virbhadra, Stokes POTA panel invites
suggestions
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UP collects trade tax arrears from BSNL New Delhi, August 24 State Trade Tax and Institutional Finance Minister Rajesh Agarwal said after the Supreme Court judgement of February 4, 2003, the Trade Tax Department had already collected Rs 1.67 crore from the district of Ghaziabad alone. The Supreme Court had directed BSNL to provide the details of its rental collections by May this year. “BSNL has furnished the details and now we are collecting the tax arrears,” the minister said. The six years’ arrears work out to Rs 600 crore which is the permissible legal limit for the arrears collection, Mr Agarwal pointed out. After the 46th Constitutional Amendment which empowered states to collect service tax on the basis of right to use, UP decided to collect the tax from the telephone companies. Since the state-owned BSNL had been collecting rentals from the users, it automatically came under the trade tax, the minister said. Soon mobile, cellular and WLL phone
companies would also start paying trade tax on their rental charges which they take from their consumers, Mr Agarwal said. By rationalising, simplifying and modernising the tax-collection process, the state had been able to collect Rs 1,000 crore more as trade tax in 2002-2003 as compared to the last financial year, he said. The state has also decided to computerise the Trade Tax Department by the year-end The state has also brought brick klins, transport companies, flour mills, rice mills and vegetable oil mills under trade tax ambit. |
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Regulation key to equity-based pension
scheme New Delhi, August 24 While on the face of it the blueprint for the pension scheme as approved by the Union Cabinet yesterday appears beneficial for thousands of new government recruits, experts say that the choice of the equity portfolio for parking the funds would be of critical importance. The primary assumption of including an equity element in the portfolio of the pension funds is that it is growth oriented. The funds will multiply at a faster pace in comparison to gilt-edged government securities and investment grade corporate bonds. Investment banking sources said the onus would lie on the government to ensure that the chosen equities for parking the pension funds contributed by the employees did not swivel into a tailspin in the wake of any volatility in stock markets. The experts were of the view that the role of designated pension fund managers also needed to be defined. There would be thousands of employees who would take the government’s calculations of average yields as the final word and any downward deviation from these might dent their confidence. Moreover, the clause that subscribers would have to compulsorily park 40 per cent of their accumulated funds in an annuity-based scheme of an IRDA approved life insurance company needs elaboration. The experts said this could mean than that the scheme was taking away from the employee the first right of the use of his funds. The finer details and the technical aspects of the proposed scheme is yet to be defined but what appears certain is that the government is beginning to feel the heat of the burgeoning fiscal deficit of which the increased pension expenditure is a significant parameter. The economic logic behind the decision to draw fresh government recruits into a contributory pension scheme — a major change from the defined benefit scheme — is that in the long run, it would substantially ease the liabilities of the Centre accruing the pension expenditure. Under the existing scheme it is the liability of the government to provide pension to the employees after their superannuation. In the new scheme, however, the government will be a matching contributor, equivalent to 10 per cent of the employees basic and dearness allowance (DA). The experts said the framework for regulation needed to be defined on the lines of mutual funds. The mandate of the regulator — Pension Fund Regulatory and Development Authority — should be such that it ensured elaborate disclosures, low-cost operations and ethical selling practices. |
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Benefit of doubt can’t be exaggerated, rules New Delhi, August 24 Setting aside the Punjab and Haryana High Court order acquitting two persons awarded life sentence in a murder case by a Jalandhar Sessions Judge, a Bench comprising Mr Justice Doraiswamy Raju and Mr Justice Arijit Pasayat said, “Exaggerated devotion to the rule of the benefit of the doubt must not nurture fanciful doubts or lingering suspicion and thereby destroy the social defence” against the perpetrators of the crimes. The court said justice could not be made “sterile on the plea that it is better to let hundred guilty escape than punish an innocent. Letting guilty escape is not doing justice according to the law,” it ruled. Stating that the high court was not justified in directing the acquittal of Nirmal Singh and Karnail Singh for killing Gurdial Singh on January 26, 1992, while irrigating his fields at night due to personal enmity. The apex court said the high court had given the benefit of the doubt to the accused only on the basis of the statement of one witnesse though the others had supported the prosecution case. The evidence of that particular witness “does not in any way dilute the evidentiary value of the other witnesses who have spoken about the crime,” the court said, adding that the prosecution was not required to meet every hypothesis put forward by an accused in his defence. The theory of the benefit of the doubt could not be “imaginary” as it should be a “reasonable and fair” doubt based upon reasons and common sense, the court ruled. “It must grow out of the evidence in the case. If a case is proved perfectly... One wonders whether in the meticulous hypersensitivity to eliminate a rare innocent from being punished, many guilty persons must be allowed to escape. Proof beyond reasonable doubt is a guideline, not a fetish,” it said. The court directed Nirmal Singh, who was on bail to surrender. Karnail Singh had died during the pendency of the appeal by the duo in the apex court. |
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Sarna keeps political parties on tenterhooks New Delhi, August 24 Neither the ruling Delhi Congress nor the BJP is as yet sure which way the considerable Sikh votes will be cast because of the split among the community leaders. There have been several rounds of hectic meetings to sort out the issue ahead of the Assembly elections. But, so far, Mr Sarna has managed to resist the intense pressure being exerted on him in the form of recent open rebellion in the cash rich DSGMC, while he was away on business abroad. Mr Sarna has repeatedly reiterated that he will merge with the unified SAD if his mentor, Mr Gurcharan Singh Tohra, asks him to do so. For some inexplicable reason, Mr Tohra has so far declined to accede to Mr Sarna’s request. Mr Sarna is considered close to the Delhi Congress and perhaps there lies the catch. The Akalis are anxious that there is unity in the DSGMC as this will give them immense negotiating advantage. After all, the NCT of Delhi boasts of largest Sikh population outside Punjab and the vote of the community can provide the much needed winning edge to any of the political parties in the fray. Both former Chief Minister of Punjab, Mr Parkash Singh Badal and his son, Mr Sukhbir Singh Badal, MP, have expressed total support to their ally in Punjab and at the Centre, the BJP. But with the differences continuing in the DSGMC , the support can well become diluted. Mr Sarna knows this only too well. If he finally manages to merge his faction with the SAD it will be only after extracting considerable concessions. Mr Sarna has already over shot his tenure, which expired on July 24. The elections for the DSGMC president are overdue and in all probability will be held in September before the Assembly elections for obvious reasons. The DSGMC, which controls a number of historic Gurdwaras and educational institutions in the NCT of Delhi, can well swing the Sikh votes. Meanwhile, both the ruling Delhi Congress and the Delhi Pradesh BJP are on a virtual spree to woo the Sikh votes. |
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Nation comes first, says Modi Mumbai, August 24 “Rashtraniti aur rajniti ke bare me hame maulum hona
chahiye,” he said. He was addressing newspersons at the August Kranti Maidan at Gawalia Tank on the Grant Road here after paying tributes to freedom fighters. He also placed a wreath on an urn containing the ashes of freedom fighter Krantiveer Pandit Shyamji Krishna Varma — which he brought to Mumbai today nearly 73 years after the legendary freedom fighter had died. Describing Pandit
Shyamji, the guru of Veer Savarkar, as a “Vishwamanav”, the Gujarat Chief Minister said in the modern system of education it was necessary to extensively highlight the role of freedom fighters for the benefit of the younger generation. Earlier addressing a gathering, he said in Geneva, too, where the ashes were kept for the past seven decades, floral tributes were paid on every birth anniversary of the leader. Mr Modi said it was unfortunate that the ashes were kept at Geneva even after more than five decades of Independence. “On August 15, 1947, we attained freedom. In fact, on August 16, 1947 itself, we must have done something to bring the ashes to India,” he said and added that one of the last wishes of Shyamji was that his ashes must be taken to India only after it gained Independence. “Rulers did not do it,’’ he said without naming any political party. ‘’I am happy now that the ashes are here,’’ he added. He also indirectly criticised the Congress for opposing the installation of a potrait of Veer Savarkar at the Parliament Complex in New Delhi. Mr Modi also highlighted the contribution of political leaders and activists for constantly writing to the authorities to bring his ashes back to India.—
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Centre pro-sugar lobby, says
Ajit New Delhi, August 24 “The package of Rs 678 crore for five states is not a grant but actually a loan, which will be contingent upon the condition that these states would have to withdraw the Special Leave Petitions in the Supreme Court which they had filed against the Allahabad High Court decision in 1997 striking down the SAPs”, Mr Ajit Singh told newspersons here. He said the decision to discontinue the SAP amounted to selling the rights of the farmers and warned that this could lead to law and order problems. |
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Chandigarh panchayats powerless, says
Bansal New Delhi, August 24 “Neither the Home Ministry’s advisory committee has been constituted nor the powers stipulated by the Constitution have been transferred to the local self-government,” Mr Pawan Kumar Bansal, who is the member of the Consultative Committee of the Home Ministry said. The committee met here earlier this week to discuss the administration of the union territories in the country. Mr Bansal said though Chandigarh pachayats had been operational for the past few years, the powers had not been transferred to them. “Although, these powers are not substantial, they are enough to meet the demands of the local population,” he said. Mr Bansal, who is also MP from Chandigarh, said a comprehensive discussion on the functioning of the union territories was required. The union territories without legislature were directly administered by the President acting through an administrator. However, to provide an effective forum for interaction between peoples’ representatives and the Central Government, the Home Minister’s Advisory Committees had been constituted. Another issue that figured at the committee meeting was the non-issuance of an SC certificate by the UT Chandigarh Administration even though the caste concerned was included in the scheduled list of order for Chandigarh and parents of the applicants had similar certificates. The instructions of the Home Ministry stated that such certificate were to be issued to a person who had migrated from another state on the production of the certificate issued to the parents by the prescribed authority of the state except where the authority was of the view that an inquiry was necessary. He said the instruction were rarely being followed in Chandigarh. |
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Corner Oppn, Naidu tells
BJP workers New Delhi, August 24 “It is indeed the misfortune of the country that today we have a most irresponsible and negative Opposition, which instead of debating on issues, only disrupts the proceedings of Parliament and boycotts ministers,” he said, addressing the newly appointed in charge of “chunav sahayak yojana” at the BJP headquarters here. |
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Congress high command to meet Virbhadra, Stokes New Delhi, August 24 AICC sources said Ms Stokes was unhappy over the manner in which ministers holding PCC positions were asked to give up their organisational responsibilites as part of one-person-one-post norm, apparently on the directive of Mr Virbhadra Singh. Wanting to know if clearance had been taken from the AICC before seeking resignations, Ms Stokes, who is also a minister in the Cabinet, told the central leaders here that based on their advice it was her prerogative as PCC chief to call for resignation of office-bearers. The state government is yet to appoint new chairpersons to several state-run corporations and efforts are being made by the two groups in the state Congress to get the posts. |
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POTA panel invites
suggestions New Delhi, August 24 A public notice issued by the committee said it would take “a comprehensive view of the use of the said Act in various states and shall be empowered to entertain complaints or grievances with regard to enforcement of the said Act”. The committee will give its findings and suggestions for removing shortcomings, if any, in the implementation of the said Act. The committee will also suggest measures to ensure that the provisions of the said Act are invoked to combat terrorism only. |
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