M A I L B A G

Stop politics in defence purchases

THE military hardware procurement system has become so fragile, thanks to Tehelka, that a mere report in the British Press, whether genuine or motivated, has succeeded in stalling the procurement of the desperately needed Advanced Jet Trainer (AJT) by the IAF. Inhibited by a natural “Once bitten twice shy” approach and functioning under the shadow of an uncalled for Opposition boycott, Defence Minister George Fernandes perhaps had no option but to put the deal on hold.

This is not to condone corruption, but raising unnecessary hue and cry over the so-called kickbacks in the procurement of vitual military hardware, as witnessed in the case of Bofors, HDW and some Kargil purchases etc, is rather misplaced, especially when no government supply, big or small, is free from this malady.

Will it be too much to ask the political parties, in or out of power, to stop playing politics at least in the matter of defence purchases? The IAF needed the AJT yesterday. Give it to them at least today.

Wg-Cdr C.L. SEHGAL (retd), Jalandhar

Property transfer

I would like to share a piece of information with The Tribune readers on tenants and landlords of rented premises which do not come under the purview of the Rent Act. As a result of the Rent Act Amendment for Chandigarh, premises whose single tenancy rent is more than Rs 1,500 per month do not enjoy protection of the Rent Act anymore. Tenancy in such cases is governed by the terms and conditions of the valid lease deed. In the absence of such a deed (registered for one year or more), the tenant is “tenant at will/ tenant from month to month or year to year” and is governed by the Transfer of Property Act.

Such tenancies can be terminated by service of notice under Section 106 of the Transfer of Property Act. The period of notice is (i) 15 vdays ending with month of tenancy for residential premises; and (ii) six months ending with year of tenancy if the premises are let out for manufacturing activity.

As decided by the Supreme Court and various High Courts, no specific reason need to be given in the notice. It should be signed by the owner\ landlord or on his behalf by an authorised agent. The tenant will be in wrongful possession and liable to pay damages/ occupation charges/ mesne profits from the date of termination of tenancy till the date of handing over the vacant possession. It is advisable to mention at the end of notice “If any amount is paid by tenant/ accepted by landlord after termination of tenancy, the same would be adjusted against mesne profits”. For instituting suit in appropriate court there is no time limit laid down.

The suit shall be filed under Order 20, Rule 12 of the Civil Procedure Code for possession and mesne profits/ damages along with interest till the date of handling over possession. Court fee for damages before filing of suit is to be paid and an undertaking to be given for making up deficiency if any. Token court fee for future mesne profits may also be paid.

The case for eviction is to be argued on documentary evidence. For fixation of rate of damages\ mesne profits, evidence has to be produced to help the court arrive at a decision. Request should be made for fixation of interim rent/ preliminary decree by the court and orders for its regular payment by the occupant.

JITINDER SINGH, Chandigarh

Train of accidents THIS refers to your editorial “Nitish must own up responsibility” (July 4). The Indian Railways has acquired a negative image for “achieving” an accident rate of two per week. Also, timely help and compensation take a long time to reach victims and their family members because of procedural hassles. If conscience has pricked the arrogant Railway Minister over the spate of accidents in recent times, he should have resigned immediately. If the paan-chewing minister is too shy to step down, he should be dismissed by the President. Lal Bahadur Shastri's resignation on moral grounds as the Railway Minister after an accident had galvanised the railways and the accident rate had come down drastically. Anyhow, it is rightly stated by a wag: Travel on foot, and you see the world; travel by Indian train, and you see the other world also! D.V. JOSHI, Bartana (Zirakpur)

Unclaimed bodies

The Punjab Anatomy Act of 1963 which received the assent of the Governor on April 14, 1963 and was first published in the Punjab Government\ Gazette on April 16, 1963 provides that keeping in view the increased facilities of education and research, it is necessary to make a provision for the supply of bodies of deceased persons to hospitals, medical teaching institutions for therepeutic purposes or of anatomical examination, dissection, surgical operation and research work. The Act provides to take possession of the unclaimed dead bodies in hospitals, prisons, public places for the purpose aforesaid.

The Act clearly provides that where a person having no permanent place of residence in the areas where his death has taken place, dies in any public place in such area and his body is unclaimed, the authorised officer of that area shall take possession and should hand over to the authorities in charge of an approved institution for the purpose specified earlier.

Whosoever with the intention of provisions of this Act, disposes of or abets the disposal of an unclaimed body or obstructs any authority in charge of an approved institution, such person shall on conviction be punished with fine.

Cremation of unclaimed bodies is not only against the Act but also debars the medical students from proper study. It is the duty of society to give dead bodies to medical students for medical purposes. There is acute shortage of bodies in the medical colleges of Punjab. Hardly 20-25 bodies reach the hospital annually for more than thousand students.

It is the duty of the Punjab police, local bodies and social welfare organisations to hand over such bodies to the Anatomy Department of nearby medical college.

MOHINDER SINGH WALIA, President, Body Pledger's Group, Punjab, Patiala

No textbook

On inquiry from many principals of schools affiliated to the Punjab School Examination Board, I have come to know that, as in other subjects, there is no prescribed Social Studies book for Class Tenth (English medium) students. This time many students of Class Tenth securing 80 to 85 per cent marks in total could secure only 36 to 40 per cent marks due to the non-availability of Social Studies book in English medium. This is nothing but gross negligence on the part of the authorities concerned.

Students follow various guides for this subject as they are forced to read them and not the textbook. On the one hand, the government says it is committed to impart proper education to students. And on the other, it does not make available the prescribed textbook. So much for the government’s concern on education!

BINAY KUMAR JHA, Patti (Amritsar)