Wednesday, September 20, 2000,
Chandigarh, India
C H A N D I G A R H   S T O R I E S



 

CAs discuss settlement scheme
Tribune News Service

CHANDIGARH, Sept 19 — Members of the Chandigarh branch of the Institute of Chartered Accountants of India (NIRC) deliberated on various aspects of the Company Law Settlement Scheme, 2000 at workshop organised, here today.

Mr P.T. Giridharan, Secretary to the Corporate Laws Committee of the NIRC informing the members about the recent amendments in the Companies Act said under Section 560 of the Act, to declare a company as defunct, all pending documents will now have to be filed. He also talked about the changes in the Schedule 10 of the Companies Act regarding filing fees for the various documents.

The Registrar of Companies, Punjab, Chandigarh and Himachal Pradesh, Mr D.C. Kwatra, spoke about the latest changes effected recently to ensure better functioning of the office of Registrar of Companies at Jalandhar.

Mr L.M.Gupta, Regional Director stressed that recent changes in the Companies Act were part of some of the major decisions taken by the government, which should be taken full advantage of, especially to avoid penalty and prosecution.

The chairman of the local branch, Mr S.K. Bhasin, suggested that the office of Registrar of Companies be transferred from Jalandhar to Chandigarh. He said that not only was Chandigarh centrally located for adjoining states, the city also had the maximum number of registered offices of various companies.

Others who expressed their views included Mr Puneet Abrol, chairman, Mr Parveen Gupta, vice-chairman and other executives of the Chandigarh Association of company secretaries.Back


 

Retired hands or newcomers?
By Chitleen K Sethi
Tribune News Service

CHANDIGARH, Sept 19 — Many colleges of the city have employed retired lecturers as guest faculty in their colleges, an act which the fresh UGC qualified postgraduates wanting to teach in these colleges consider highly unfair. There is divided opinion regarding this among the principals of these colleges regarding these appointments.

On an average, more than 2000 students pass out each year after doing their postgraduation from Panjab University which offers more than 50 courses to the students. Also on an average at least one candidate clears the UGC/NET examination and thus almost 50 persons each year are qualified to be employed as lecturers in various subjects in the colleges and the University.

The colleges of the city have been in a state of fix when it comes to appointment of faculty. The government colleges have been waiting for the UPSC to hold interviews for their unfilled sanctioned posts. The number of posts in different subjects in colleges varies over the years depending upon the number of students who opt for these subjects. It has been noticed that many colleges are highly short of staff in arts subjects and overstaffed in science subjects which students have stopped preferring.

Due to many different reasons colleges started employing faculty on temporary and part-time basis. The difference between the salaries of the temporary staff and regular staff was substantial and they were relieved after one session. This encouraged a large number of these employees to go to courts. The colleges as a result started employing persons as guest faculty. With the so-called “problems” which the part-timers and temporary staff had created, guest faculty seemed to be the only way out for the college principals many of which had a heavy demand for faculty for BBA, BCA and other arts subjects.

Some of the local colleges employed their own retired faculty members in guest faculty positions. They had to pay according to the number of lecturers they took in a day and so there was no question of any ambiguity as far as their pay or status in the college was concerned. The principals by and large find keeping guest faculty “safe “ as there is very little or no chance of the college being taken to the courts by these faculty members.

“Look as far as the rules go there is no rule against employing guest faculty all that the colleges have to assure is that they are paid at least Rs 75 per lecture that they take,” says Mr K.A.P. Sinha, Director Public Instruction Colleges, UT, Chandigarh.

Mrs Vijalakshi, Principal, Government College for Girls, Sector 11, says “there are many benefits of employing newcomers as they are full of verve and energy unlike the ones who have retired but then the retired teachers have a better control over students and know the subject well and are better teachers. It is actually a matter of choice about whom one employs.”

But then there are others who feel differently.”Personally I feel we should give a chance to newcomers. But in Chandigarh, the moment you employ the freshers, they being very aggressive about their career end up taking the college to the court on one pretext or the other and a long legal battle starts. When we look at such instances we end up keeping retired people and prefer those retired from our own college. At least it is assured that they will not indulge in these legalities. But when one sees the amount of unemployment around one does want to appoint newcomers.”

But isn’t this kind of security inbuilt in the status of being a guest faculty? “Yes, it really doesn’t matter if you keep newcomers or a retired person, that is a matter of personal choice but guest faculty persons work. They are paid for the work they do. On the other hand the regular teachers who are supposed to take four classes a day have no interest in being committed and may not do justice to the work.”

“I think that retired teachers are much better as they have experience on their side and can handle the students and know the subject also well” says Mrs Harjit Khanna, Principal, GGS College, Sector 26.

Says Mrs Mohini Sharma, Principal, Government College for Girls, Sector 42, “Personally I think that newcomers should be preferred though the experience does go in favour of the retired teachers but I think that the newcomers have more energy and are up to date with knowledge. Sometimes, the head of the department is an old student of the guest faculty who has retired from the college and this leads to ego clashes between the two. But I think that chance should always be given to newcomers”
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Sanskrit conversation camp organised
Tribune News Service

CHANDIGARH, Sept 19 — The Department of Sanskrit, Panjab University, organised a Sanskrit conversation camp in the university today as part of the celebrations of the Sanskrit year.

The camp was organised by Prof Virender Kumar, a retired professor of laws,Panjab University. He was also honoured with a shawl and citation at the function. He narrated his reverence towards the language and propounded the systematic way in which Sanskrit could be studied.

Mr Kamleshwar Sinha of Visva Bharati spoke in immaculate Sanskrit. He told the audience about the benefits of the language in the advancement of the country. He was also honoured with a shawl and citation.

Prof. V.P. Upadhayaya propounded the need of Sanskrit study in the present times. The function was presided over by Mr Shahsidhar Sharma, former professor of Sanskrit, Panjab University. He spoke on the learning of Sanskrit and its various aspects, ranging from grammar to vedanta.

Dr Shankarji Jha, Chairman, Department of Sanskrit, Panjab University, recited a self-composed Sanskrit verse in praise of the guest and presented citations to them. He presented the details of the grants received from the government and the UGC to celebrate the Sanskrit year.
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Sobha Singh’s works to be showcased
Tribune News Service

CHANDIGARH, Sept 19 — The local Arts School and the Fine Arts Hobby Centre, Sector 46, will organise a fine arts exhibition in the memory of artist Padamshri Sobha Singh from September 23 to 27.

The exhibition, which is being organised to bring alive various works of the artist, will be held at the Government Museum and Art Gallery, Sector 10. The show will feature paintings reflecting cultural heritage of Punjab, Haryana and Himachal Pradesh. Portraits, landscapes and other works will also be showcased on the occasion.

The exhibition will be inaugurated by the UT Administrator, Lt-Gen J.F.R. Jacob (retd) who will also honour other artists. The centre will also organise an on-the-spot-painting competition.Back


 

Reviving guru-shishya parampara
Tribune News Service

CHANDIGARH, Sept 19— For those wedded to the classical form of dance, it is actually an occasion to celebrate, with the founder-secretary of the Pracheen Kala Kendra, Madan Lal Koser, deciding to revive the guru-shishya parampara. He will be assisted in the project by his wife Shobha Koser who is herself an accomplished and celebrated kathak dancer.

Koser had a history of rhythmic grace behind him. Now he has gone public about the fact that he could no longer avoid the itch to get back to dancing, a lot of his association with Nritya came to the fore.

Koser, who rose to heights by earning the reputation of tandav samrat and was well received by people like then President Radhakrishnan and Prime Minister Jawaharlal Nehru, has now got his feet back in the dancing form with the decision of forming a choreography troupe. The announcement, made earlier here on the precincts of the kendra came coupled with another news which obviously interested dance lovers more than anything else.

Koser said he would give personal attention to all his students who will form a part of his ballet troupe. As for the content of the course to be offered, he would teach anything ranging from kathakali and bharatnatyam to kathak.

Choreography will now be the focus of attention of the couple which has also called upon all interested students to join their troupe immediately. Anyone who wants to take up dance as a discipline, whether as a professional or an amateur may join thee rehearsals which are due to begin in the kendra shortly.

Another important feature is that all disciples would be given scholarships and will also be taken on performance tours all over the country.

The encouragement to start the ballet probably stems from the much appreciated ballet which was directed by Koser during the early years of independent India. The ballet, based on the Pt Nehru's Discovery of India, was well received not just in the country but also abroad
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Affidavit on illegal constructions sought
By Our Legal Correspondent

CHANDIGARH, Sept 19 — A direction was given to the Finance Secretary, UT Chandigarh, by Mr Justice J.L. Gupta and Mr Justice K.S. Grewal to file an affidavit as to what action had been taken by him on the report of the survey conducted in September 1998 regarding the unauthorised constructions on the government land.

The direction was given in a writ petition filed on behalf of Mr Darshan Lal Chawla against the cancellation of his allotment of house on the ground that he had raised unauthorised construction on the government land. The order was handed down by the Estate Officer, Chandigarh in 1996. The cancellation order was affirmed by the Adviser of the Administrator on June 24, 1999. The petitioner gave an undertaking in the court that he will remove the unauthorised construction if found as a fact.

The counsel for the petitioner, however, told the court that apart from him at least 50 persons who were allotted subsidised small industrial houses in Sector 30-B, were given notices, but the action was being taken selectively. Apart from this, unauthorised constructions have been raised by a large number of allottees of government houses, but no action was being taken against the government employees, the counsel alleged.

The Bench had earlier directed the counsel for the UT, Chandigarh, to get instructions as to what action was being taken against the persons in occupation of the government houses who had raised unauthorised constructions.

Notice to Punjab on lecturer’s pay

Mr Ravinder Singh Kang, Lecturer, Government Senior Secondary School, Banur, Patiala district, challenged the action of the Punjab Education Department whereby on the basis of some audit reports, the benefit of stepping up of the pay of the petitioner equivalent to the one being drawn by his juniors and earlier granted to the petitioner was withdrawn. Also the recovery of excess amount was ordered.

A Division Bench of the High Court comprising Mr Justice N.K. Sodhi and Mr Justice R.C. Kathuria issued notice to the State of Punjab for February 9, 2001, and stayed the recovery from the petitioner.

It was submitted by the petitioner that the pay scales of the teachers were revised w.e.f. January 1, 1978, and the masters who joined service after that date started getting more pay compared to the masters who joined service with post graduation qualification before January 1, 1978.

The petitioner filed a petition in the High Court seeking stepping up of his pay on a par with his junior and the same was allowed by the High Court.

However, after two years, without even granting an opportunity of hearing, the respondents had, withdrawn the benefit which was illegal and not sustainable in the eyes of law.

Restore power supply, board told

On a petition filed by M/s Haryana Organics Samalkha against the Haryana Pollution Control Board’s action, a Division Bench of the Punjab and Haryana High Court comprising Mr Justice R.S. Mongia and Mr Justice K.C. Gupta today directed the respondents to restore the electricity supply to the distillery which is owned by a relative of former Chief Minister, of Haryana, Bhajan Lal.

The Bench also directed the board to open the seal of the distillery and adjourned the case to October 4, 2000 for further hearing.

The factory was sealed because of alleged emission of untreated affluents from the factory which was causing pollution
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Murder accused denied bail
From Our Correspondent

CHANDIGARH, Sept 19 —The bail application moved by the Dhanu in a murder case was today dismissed by the UT Additional District and Sessions Judge.

It was alleged that Jinder, Dhanu, Ravi and Satpal had murdered Narinder Singh at Mauli Jagran. The victim was a resident of Rajiv Colony, Panchkula, and had been studying in Class X. The four accused had been sent to judicial custody for fourteen days on September 6.

Compensation awarded
A Lok Adalat was held here on Tuesday in the UT district courts in which Sher Singh got a compensation of Rs 60,000. The complainant, Sher Singh, a resident of Banur, sustained multiple injuries in an accident at Madhya Marg on July 4, 1999. The Judge observed that the complainant had sustained 11 per cent permanent disability of lower level therefore awarded him compensation.

Remand for forgery
Naveen Kumar was sentenced to fourteen days’ judicial remand by the UT Chief Judicial Magistrate, Mr Sant Parkash, for issuing forged and bogus medical certificates.

The accused is a resident of Sector 20. He had been arrested by the Chandigarh Crime Branch on September 16 for issuing forged and bogus medical certificates to persons waiting to get driving licences.
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Compensate consumer, forum directs NIC 
Tribune News Service

CHANDIGARH, Sept 19 — Allowing the complaint of a city resident against National Insurance Company, (NIC) the District Consumer Disputes Redressal Forum II, in an important judgment has held that the insurance company had acted in a deficient manner by accepting the claim of the consumer to the tune of just Rs 2,000.

The Bench, while deciding the complaint submitted here by Parveen Goraya, a city resident, held that the consumer whose insured car had met with an accident must be compensated for the said loss.

The complainant had earlier stated before the forum that his Contessa car (PCS 9239) had met with an accident here on May 17, 1994. The said car, he said, was insured with the insurance firm for a period between November 23, 1993 and November 22, 1994. The claim, he stated, was laid with the respondent company which first of all closed the case right away on grounds that the original bills and other documents had not been received. The complainant stated that he removed this loophole and sent all documents to the respondent company. He said whereas he requested the company to settle the claim regarding the loss of Rs 27,707, there was no response from the company at all. It was only on December 13, 1995 that the complainant received an intimation that his claim had been settled at Rs 2,000 which the complainant blatantly refused to accept.

In the reply, the insurance company admitted the introductory facts. It was stated that the case of the complainant was earlier closed due to non-submission of some documents. The company added that the complainant’s case was, however, reopened and the claim was settled at Rs 2,000 as per the report given by the surveyor. The company denied all the other allegations.

The Bench, after going through the documents, found that the report of the surveyor showed that the complainant had laid the claim of about Rs 32,000. They also observed that ‘‘significantly the surveyor has allowed Rs 2,000 under the lead labour charges as against the claim of Rs 14,000. The cost of the parts amounting to about Rs 18,000 was totally negated by writing NA against the name of each part.’’

The Bench observed that the surveyor had not given any convincing reason for not accepting the claim laid by the complainant. It added, ‘‘The acceptance of the claim to the extent of just Rs 2,000 on account of labour charges is nothing short of deficiency in service. The complaint, therefore, merits success. We allow it with consolidated costs of Rs 1,100 and also direct the firm to pay Rs 8,207 plus Rs 2,000 along with interest at the rate of 12 per cent per annum.’’

In another case, holding both the Delhi and Chandigarh branches of DCM Financial Services responsible for not paying back the maturity amounts to eight complainants, the forum has directed the respondent parties to make payment of the maturity amounts along with the interest stipulated to be paid till the date of maturity.

Passing these directions, the Bench consisting of forum chief R.P. Bajaj and member H.S. Walia also directed the respondent parties to pay Rs 550 to each of the complainants as the cost of litigation incurred by them. In their complaint against the DCM Financial Services, the eight complainants stated that they had deposited their respective amounts varying between Rs 10,000 and Rs 39,000 with the respondent firms by way of fixed deposit or non-convertible debentures (NCDs) for different periods and interests.

The common grievance raised by all complainants was that in spite of the maturity of the said deposits, they have not been given the payments of the amounts due to them. They stated that the requests sent to the opposite parties through the surrender of original certificates duly discharged, letters, legal notices and various reminders sent failed to bear any kind of results.

In their reply, the DCM people did not quite controvert the facts stated by the complainants, nor did they deny the fact that the payment was deposited by way of FDRs and NCDs. In the reply, however, a reference was made to the order passed by the Company Law Board (CLB) under Section 45QA of the Reserve Bank of India Act laying down the scheme for repayment of amounts to the bona fide depositors. In view of this very order the respondent party pleaded that the complaints be dismissed.

After going through the facts of the case the forum held that the argument raised by the respondent parties was not tenable at all.

It was directed that costs of the case to the amount of Rs 550 be paid to each of the complainants apart from the payment of the deposited amounts and interest due on them.Back

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