New Delhi, August 3
Employers across the country are increasingly defaulting on the payment of their contribution to the Provident Fund Scheme.

As of 2008, for which the latest data is available, a whopping 81, 471 employers in India were involved in a default of Rs 2, 846 crore to the Provident Fund. Despite the existence of legal provisions to penalise the defaulters, there have been few convictions. Among the biggest defaulters are Punjab, Haryana, Andhra Pradesh and Tamil Nadu.

Evidence tendered before the Parliament’s Petitions Committee reveals that out of 29, 318 fresh default cases involved in the non-payment of Rs 2,840 crore of employers’ contribution to the provident fund, arrests were made in just 21 cases and conviction happened in only seven.

The committee during its proceedings also found that there was an increasing trend of transferring out Vigilance Officers from sensitive to non-sensitive posts the moment they tried to expedite justice by bringing to book the defaulting employers. The scheme allows employees to contribute 10 to 12 per cent of their remuneration to the PF and mandates an equal match by the employer.

“In 2009-2010 there were certain states where the default cases were very high but the conviction rate was particularly low,” the committee said today in its report to Parliament. In Andhra Pradesh, out of 2529 default cases, only two were convicted. In West Bengal and Goa out of 761 and 168 default cases, respectively, only one person was convicted.

In the other high defaulting states with low convictions, Karnataka, Kerala, MP, Maharashtra, Gujarat, Haryana, Punjab and UP reported 2160, 2572, 1322, 1852, 1549, 1754, 1117 and 1326 default cases, respectively, and there were nil convictions. Tamil Nadu had the maximum - 7855 -- number of default cases but only three convictions.

The committee has recorded the fact that over the recent years both the number of defaulters and the quantum of amount of default involved has been sharply rising. While the number of defaulting establishments in 2005-2006 was 76,958, it rose to 81, 471 in 2007-2008. Similarly, the default amount rose from Rs 2,530 crore in 2006 to Rs 2,846 crore in 2008. On the other hand, the amount being realised from the defaulters has decreased during the said period -- from Rs 1,958 crore to 1,103 crore.

The government dropped the names of 21 advocates from the panel of EPFO on account of their unsatisfactory performance. New panels of 335 lawyers have now been formed to dispose of the pending cases.

New Delhi, August 3
In a fresh jolt to the Mayawati government in Uttar Pradesh, the Supreme Court today quashed the state's move to acquire private land by invoking the "emergency clause" in Jyotibha Phule Nagar for construction of the district jail.

A bench of justices G S Singhvi and H L Dattu said the state had seriously erred in acquiring the land by denying the land owners their valuable right to raise objections and being heard to express their grievances.

The apex court had recently quashed the state government's acquisition of vast tracts of land in Noida, a decision which had hit hard major real estate developers and thousands of house owners who had invested in these projects.

In the present case, the apex court said the emergency clause under Section 17 of the Land Acquisition Act was invoked by the government in a lackadaisical manner even though the state had sufficient time to go through the normal procedure of inviting objections and addressing the grievances of the land losers.

Section 17 grants the government unbridled powers to acquire any private land for public purpose without inviting objections from the aggrieved land owners.

"The series of events shows lethargy and lackadaisical attitude of the state government. In the light of the above circumstances, the respondents are not justified in invoking the urgency provisions under Section 17 of the Act, thereby depriving the appellants of their valuable right to raise objections and opportunity of hearing before the authorities in order to persuade them that their property may not be acquired," Justice Dattu said writing the judgement.

The apex court noted that the district magistrate, Jyotiba Phule Nagar, had sent a proposal to the Principal Secretary, Home/Prisons, UP government, for acquiring suitable land on January 24, 2003.

But it was only after a lapse of five years in 2008 that the state government asked the magistrate to trace availability of suitable land for acquisition. Thereafter, the government zeroed in on the land and invoked the emergency clause.

Though the aggrieved land owners Devendra Singh and others had approached the Allahabad High Court, the latter dismissed their petition, following which they appealed in the apex court.

The apex court said it was well settled that the acquisition of the land for public purpose by itself shall not justify the exercise of power conferred under Section 17 and its sub clauses. — PTI 

The apex court said the emergency clause under Section 17 of the Land Acquisition Act was invoked by the government in a lackadaisical manner even though the state had sufficient time to go through the normal procedure of inviting objections and addressing grievances of the land losers.

New Delhi, August 3
Parliament witnessed a “seating” drama today with Railway Minister and Trinamool MP Dinesh Trivedi emerging its main player. He fought to the finish and even won his battle for the occupation of room number 6, a coveted ministerial room on Parliament’s ground floor, which belonged to his leader Mamata Banerjee till lately but was now his property until today when someone walked away with his nameplate!

It later turned out that the Ministry of Parliamentary Affairs had, on the basis of the Cabinet Secretariat’s list of Ministers’ seniority, had allotted the said room to Information and Broadcasting Minister Ambika Soni. “Since rooms on the ground floor are bigger and better, there is always a demand for them. We allotted the room on the basis of seniority though no formal orders had yet been passed,” Parliamentary Affairs Minister Pawan Bansal said.

He changed his stance as the day went by after Trivedi enacted high drama in Parliament corridor and involved Prime Minister Manmohan Singh and Mamata in the affair.

It all began this afternoon when Tridevi landed in his room for a planned meeting with RJD chief Lalu Yadav and some members of the Railway Board. To his utter shock, his name plate was missing. What followed was high drama with Tridevi settling down in the corridor for the meeting and describing the act as “utter humiliation of the Railway Ministry and 1.4 lakh Railway employees”.

“I have no ego issues but this is the humiliation of the ministry. Someone has removed my nameplate. I will hold a meeting here as work has to go on,” Tridevi said, insisting his act was not meant as a protest. Soon he complained to the PM who got Bansal to fix the problem.

In the meantime, Trinamool leader in the Lok Sabha Sudip Bandopadhyay also got into action to remind the UPA of what it owed to its biggest ally. He met the PM and Bansal and got the latter to speak to Mamata Banerjee who had the last laugh.

New Delhi, August 3
Pleading innocence and accusing the CBI of taking action against him because of media pressure, Vinod Goenka, director of Swan Telecom and accused in 2G Spectrum allocation, today said before the CBI special court that he looked after only the real estate business of the company while its promoter Shahid Usman Balwa was in charge of its telecom sector.

“To obtain 2G Spectrum licence, Shahid Balwa was given the power of attorney by the company (DB Realty) and it was he who was handling all affairs of the telecom sector. My client (Goenka) was only looking after the real estate affairs,” said advocate KG Menon before the court of Judge OP Saini arguing that when his client was not in charge of telecom business, how he can be accused of any foul play in obtaining the telecom licence for the company.

Menon alleged that the CBI had no prima facie evidence against Goenka and the action was taken against him only because of media hype. “My client never participated in anything, except that he took share in Swan. Never signed a cheque or anything related to 2G Spectrum. Even in the chargesheet, the CBI failed to point out the specific role that my client played so that he can be connected with the crime he is alleged to have committed,” argued Menon while insisting that the CBI doesn’t have any evidence against Goenka and is merely holding him accused for being the director of the company.

As regards CBI’s allegations that Goenka accompanied Shahid Usman Balwa to former Telecom Minister A Raja’s residence several time during the allocation period in 2005, Menon said just because he did so, he could not be held a co-conspirator. “It is true that Goenka accompanied Balwa many times to Raja’s residence, but a visit to the minister’s home cannot make you a co-conspirator,” said Menon charging that the CBI has done an irreparable loss to Goenka by damaging his reputation and arresting him without sufficient prima facie evidence. 

New Delhi, August 3
A day after a young pilot was killed in MiG-21 crash near Bikaner, the parliamentary committee on defence has asked the Defence Ministry that the MiG series of fighter jets be phased “as early as possible”. It also noted that almost half of the originally inducted fleet has been wiped out.

The 30-member committee headed by Satpal Maharaj tabled its report in both houses of Parliament today. The committee said as per the information the accident rate in MiG aircraft is rather high. It said more than 476 MIG aircraft - all variants and series included - have so far met with the accidents and the remaining fleet is 470 aircraft - MiG-21, MiG-27 and MiG-29. This does not include Naval version - the MiG 29-K.

More than 50 per cent MiG aircraft have already met with accidents so far. The Ministry has acknowledged that a majority of technical defect accidents pertain to old technology. Problems associated with vintage technology, especially aero engine malfunctions in MIG-21 and MIG-27, are more pronounced.

The committee saw no reason as to why was the IAF flying these aircraft when these have been phased out of the Russian Air Force also. “We are the only Air Force in the world which is flying this aircraft now”, said the committee.

A couple of MiG-29s have met with accidents but the blame is largely on the other two series. The IAF has already phased out the limited number of MiG-23 and MiG-25. The committee has asked the ministry to re-look at its existing policy regarding extension of the life span of the war planes, the existing infrastructure and mechanism for training of pilots. The report wanted that all the initiatives be taken to ensure that planned acquisitions of aircraft are in place within the stipulated timeframe so that the old MiG series of aircraft can be phased out as early as possible.

New Delhi, August 3
Srinagar will host Jammu & Kashmir’s first literature festival in September this year, announced festival organisers here today. The three-day litfest will be held on the grounds of the Delhi Public School at Srinagar and in the Kashmir University. The Festival advisor, noted writer Namita Gokhale, is also the programme director. The festival advisors also include M K Raina, Naseem Shafaie, Neerja Mattoo & Urvashi Butalia.

The festival will feature book-reading, poetry sessions, literary dialogue, debates and discussion. A special series of symposiums will be held on the concluding day at the Kashmir University on September 26.

‘Harud: The Autumn Literature Festival’ ( Harud signifying autumn in Kashmiri) will focus on local writings from Kashmir, Jammu and Ladakh including a special focus on folk and oral traditions. The event will also host significant writers from across the country. The final programme, said the organisers, will soon be available on the Harud website (www.harudlitfest.org).

Namita Gokhale was quoted as saying “Harud: The Autumn Literature Festival” will engage with local writing in Kashmiri, Urdu and English, to provide an open and inclusive forum for literature. It will celebrate the vibrant and layered literary tradition of the region, provoke dialogue and communication and create a platform and inspiration for a new generation of readers and writers.”

Sanjoy Roy, producer of the Harud Festival & MD - Teamwork Productions said, “The Harud festival will be a great addition to our existing literary and arts festivals in India. It is a privilege to be creating this programme with the backdrop of Kashmir and its legacy of literature, which has a history of over 2,500 years. We strongly believe that India’s multi cultural ethos needs to resonate across the world.”

The sessions will include conversations on culture, travel, history, film and poetry, amongst other themes. The festival is a platform to celebrate books, poetry and dialogue. 

Lucknow, August 3
Fresh trouble is brewing for the Mayawati government. Taking note of serious allegations of murder and corruption against a state minister, the state Lokayukta has asked him to file his reply by August 10.

The days of Animal Husbandry Minister Awadhpal Singh Yadav in office appear to be numbered as the state Lokayukta N K Mehrotra has asked him to file his answer by August 10 turning down his initial request to grant him two months to file his response.

The Lokayukta has warned him of stern action if he failed to file his reply by the stipulated date.

A CD has also been filed by complaint Subodh Yadav, son of SP MP Ram Sewak Yadav, in support of his allegation. In his complaint filed on April 27, 2011, Yadav had charged the minister with nepotism and large-scale irregularities in awarding work contracts in his constituency in Etah district.

According to the complainant, the minister flouted norms and cleared construction of 21 veterinary hospitals in his hometown Etah the construction work of which was awarded to his son Ramveer Singh Yadav's Chaudhry Latoori Singh Construction Company.

More serious was the charge of the minister being part of the conspiracy in the June 10 triple murder of Vijay Singh Verma, his son Akhilesh Verma and gunner Santosh in Jaithra areas of Etah.

The deceased’s other son Sonu has charged the minister and his brother Chandra Pratap with hatching murder conspiracy. 

Faces allegations of murder & corruption

Asked to file his reply by August 10

Mumbai, August 3
The Bombay High Court today granted bail to two persons accused of conspiracy in the September 2008 Malegaon bomb blasts case. The two, Shivnarayan Kalsangra and Shyam Sahu, were in custody since October 2008. Granting them bail, Judge AM Thipsay said, “The National Investigating Agency which is probing the blasts case has failed to provide adequate evidence linking Kalsangra and Sahu to the bombers.”

“There is no sufficient material to show prima facie involvement of the two accused in the blast case. They have not taken any active part in the blast conspiracy. The only link of these two accused to the blast case is that they knew the prime accused Ramchandra Kalsangra, who is yet to be arrested,” the court said.

Bail for the two was set at Rs 1 lakh each.

In his order granting bail to the accused, Judge Thipsay said the NIA had so far failed to come up with evidence against them on the grounds that the probe was still on.

The court observed that investigators had managed to prove that the duo were aware about the absconding Ramchandra Kalsangra’s orientation towards Hindutva and his involvement in carrying out unlawful activities. However, this alone was not enough to accuse the two of being part of the conspiracy.

So far, investigators have managed to arrest a number of people, including a serving officer of Military Intelligence Lt Col Shrikant Prasad Purohit and Sadhvi Pragya Thakur for their alleged role in the blasts.