News of 18th March 2006
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Amar Singh likely to quit Upper
House
Jaya Bachchan disqualified from Rajya Sabha
New Delhi:
Samajwadi Party MP Jaya Bachchan was Friday disqualified as a member of Rajya Sabha on the ground she held an office of profit but in an precedented decision the punishment would come into force with retrospect effect from July 14, 2004, ten days after her election. The disqualification by President APJ Abdul Kalam follows the recommendation of the Election Commission. While she was elected to the Rajya Sabha on July 4, 2004, ten days later she was appointed to the Film Council post.The President signed the disqualification order Thursday after consulting legal experts and making some queries from the Commission, which had held that she became disqualified under provisions of the Constitution following her appointment.
The disqualification has the potential to open a pandora's box with the Samajwadi Party demanding that the President and Election Commission should apply the same yardstick that was adopted in the case of Bachchan to MPs like Sonia Gandhi, who was Chairperson of the National Advisory Council at the Centre.
SP leader Amar Singh, who also faces disqualification for holding the post of Chairman of UP Industrial Development Council, said he would quit his membership of Rajya Sabha and expected similarly-placed leaders to resign their posts. Singh said Jaya Bachchan would be fielded for the same seat again.
With the unprecedented decision to disqualify an MP with retrospective effect, the Rajya Sabha is faced with a peculiar situation of how to implement it. Will she be asked to surrender the salaries and allowances she received as MP? Whether her speeches in the House be expunged off the record?
Rajya Sabha officials say they would have to consult if there were any such precedents in the state legislatures before they decide on the next step. They said she was entitled to benefits of a former MP on the strength of her being a member for ten days.
The disqualification of Bachchan came on a petition filed by a Congress leader Madan Mohan Shukla. "Having carefully considered the facts on record as contained in the opinion of the Election Commission being fully satisfied therewith, the President has disqualified Smt Jaya Bachchan from her Rajya Sabha membership," an official release said.
After the President's decision, the Commission will have to hold a bye election to the vacancy arising out of her disqualification. (PTI)
Moscow to supply 60 tonnes of
Uranium to Tarapur
India, Russia to expand nuke ties
NEW DELHI:
India and Russia Friday decided to expand cooperation in strategic areas of civil nuclear energy and space as Moscow agreed to supply 60 tonnes of uranium to fuel-starved Tarapur reactors in the teeth of American opposition.The two countries also declared their resolve to expand bilateral trade to $10 billion in the next five years and set up a joint study group to explore the possibility of signing a Comprehensive Economic Cooperation Agreement between them.
"I would like to convey our warm appreciation to the Russian government for responding positively to meet the requirements for nuclear fuel supplies to Tarapur I and Tarapur II," Prime Minister Manmohan Singh said.
Moscow will supply around 60 tonnes of uranium fuel for safeguarded reactors at Tarapur Atomic Power Station (TAPS) I and II (located near Mumbai) to enable it to run in "safe and reliable conditions." Moscow last supplied fuel to the Tarapur reactors in 2001, a move that also provoked American protests. Russia and France have intermittently supplied fuel to the Tarapur reactors, built by US firm General Electric in the 1960s.
Washington stopped fuel supplies to the plants after New Delhi conducted its first nuclear test in 1974. Russia is helping India build two nuclear reactors of 1000 MW each at Kudankulam in Tamil Nadu in the south, one of which is expected to be operational next year. Moscow's decision to supply fuel upset Washington, which has opposed the fuel supply on the ground that it violates the Nuclear Supply Guidelines (NSG). Moscow has clarified that it has not violated any NSG norms.
Speaking at a business meeting with India's Commerce Minister Kamal Nath Thursday evening, Fradkov said Russia had informed the NSG about the supply of uranium to the Tarapur reactors. India has defended the move saying that the fuel is being sought under safety exception clause of the NSG guidelines, and, therefore, does not constitute a violation of the NSG guidelines.
"We have not informed the US. We have informed the NSG for supplying emergency fuel," a Russian diplomat, who does not wish to be named, said..
"If the Americans don't like it, let them not like it," he stressed, in a bid to counter "speculation" that Moscow had not informed Washington before supplying fuel to New Delhi.
India and Russia also boosted space cooperation, with the Indian Space Research Organisation (ISRO) and the Federal Space Agency (ROSCOSMOS) signing two agreements on cooperation in a space project called the Global Satellite Navigation System (GLONASS), which is considered as an alternative to the US Pentagon-controlled Global Positioning System (GPS). One accord defines moda-lities of joint develop-ment of a new-generation communication satellite, Glonass-K.
The second provides for the launching of Russian navigation satellites GLONASS-M by a variant of Indian Geo-Synchronous Satellite Launch Vehicle (GSLV). The two countries also agreed on a slew of measures like speedier grant of business visas and more interaction between businessmen to boost trade and investment in priority areas such as energy, trade and economy, high technologies, space, and civilian nuclear energy, infrastructure and other knowledge-based areas.
Four agreements aimed at expanding linkages between banking sectors and the industry and business bodies of the two countries were also signed. Enhanced cooperation in promoting energy security through the laying of more gas pipelines and a possible Russian role in the Iran-Pakistan-India pipeline are also being considered.
On the tri-nation pipeline, Dr Singh replied: "I do hope that Russia will be involved in the construction of the pipeline."(IANS)
B’desh PM to be in India from March 20-22
New Delhi:
India and Bangladesh will discuss the ''entire spectrum'' of bilateral relations, including security-related issues, during the three-day State visit of Prime Minister Begum Khaleda Zia to India from March 20. Bangladesh Foreign Secre-tary Hemayat-ud-Din, who met his Indian counterpart Shyam Saran Friday morning to prepare ground for the visit, said that Begum Zia would be coming to India with a ''very positive frame of mind.''''The whole range of bilateral issues that exist and how to carry them forward, will be discussed.We do hope something positive will come out. There is no reason to be pessimistic. It will be a landmark visit in terms of bilateral relations.'' During her visit, Prime Minister would meet President A P J Abdul Kalam, UPA Chairperson Sonia Gandhi and Vice President Bhairon Singh Shekhawat besides having talks with Prime Minister Manmohan Singh. She will be acompanied by her Foreign Minister and FMbesides other senior officials.(UNI)
25 villages quarantined as bird flu spreads
Jalgaon:
Even as the state government is getting closer to accomplishing the task of culling the estimated 70,000 birds tonight after having quarantined 25 villages in four talukas, the deadly avian flu appeared to have surfaced in villages of four more talukas of this district in northern Maharashtra with reports of chickens falling dead.While confirming reports of layers dying in villages of Jamner, Parola, Pachora and Badgaon talukas, district Collector Vijay Singhal this evening said about 100 samples of the dead birds from these villages are being sent to the High Security Animal Diseases Laboratory at Bhopal to test the presence of dreaded H5N1 virus, if any.
Earlier, the second outbreak of the bird flu in the state was reported in four talukas of Raver, Dharangaon, Yuval and Chopada of the district on March 14, nearly a month after India's first outbreak of the avian flu was confirmed at Navapur in Nandurbar district, also in northern Maharashtra, on February 18.
Briefing reporters, the Collector said 62,743 birds had been culled till this evening in a 10 km radius of the four worst-hit villages where the presence of the deadly virus was confirmed first on March 14. These four worst-hit villages are Hated in Chopda taluka, Sawada in Raver taluka, Salva in Dharangaon taluka and Marul in Yuval taluka, located in the neighbourhood of Nandurbar district.
The Collector said 21 bus stations in 25 quarantined villages, located in the vicinity of four worst-hit villages, have been shut and bus services to and from these villages suspended. Similarly, 19 weekly bazars, which used to be held in these villages, have also been ordered closed untill further order in a bid to prevent sale and purchase of chickens and eggs. Most households sold birds and eggs in these weekly markets to earn their livelihood. He said a 400-strong police force have been deployed to enforce the quarantine.
The Collector said of the estimated four lakh population in 174 villages in a ten kms radius of the four danger zones identified in as many villages, nearly one lakh people have been examined but no case of suspected human influenza has been reported so far.
Mr Singhal said spraying and fumigation of poultry backywards have begun even as the culling operation will continue for a few more days to scout and kill birds in public residences. He said unlike Navapur where poultry was confined to 52 commercial farms, the task of locating and killing birds in 174 villages of Jalgaon is cumbersome as most livestock was being reared in the backyards these residences.
He said they have so far disbursed a compensation amount of Rs 20 lakh at the rate of Rs 40 each for a culled bird. Further, the Akhil Maharashtra Poultry Farmers Welfare Association (AMP-FWA) alleged the Union Government has spread panic among people by hurriedly declaring the outbreak of avian influenza in four villages of the Jalgaon district.
It claimed that any country usually declared outbreak of bird flu when they find the presence of H5N1 in testing. It also alleged that when N subtype testing had not been thoroughly completed, which usually takes about a week or more, the Government had hastely declared the virus as a strain of H5N1, putting the industry in deep trouble.(UNI)
Photo identity card a must: CEC
Thiruvananthapuram
: Chief Election Commissioner B B Tandon, overseeing the arrangements for the upcoming assembly polls, said voters will have to produce their Electoral Photo Identity Cards at the polling stations before they casting their votes.About 99 per cent of the voter population in the state had been allotted the EPIC and efforts were on to allot the cards to the rest too, Tandon said. Commission would pres-scribe alternative documents for the minuscule percentage of voters who still did not have EPIC, he said.
Coverage of EPIC was very good and commission had taken steps to provide EPIC to those who enrolled as new voters recently, Tandon said. Mobile system to provide EPIC was also being undertaken and instructions had been given to issue EPIC at villages also, he said, adding this was one of the recommendations of various political parties whose representatives met the commission on Thursday.
But, political parties have raised objection to the use of pass books of co-operative banks and Students' Identity cards as alternative docu-ments for EPIC on the ground that this had been misused earlier, Tandon said.As per the present list, there were about 2.13 crore voters in the state. There would be 20,333 polling stations set up in 12,118 buildings, he said.
Electronic Voting Machines numbering about 26,500 have already reached the state. Counting would be held in 124 places and each 140 constituences would have separate counting centres. Election Commissioner N Gopalaswami was also present. (PTI)
UP CM rewards 12 legislators with top posts
Lucknow:
Uttar Pradesh Chief Minister Mulayam Singh Yadav has rewarded a dozen legislators of his Samajwadi Party (SP) and others supporting it, by giving them the status of ministers.The 12 legislators "rewa-rded" include members of SP, five expelled Bharatiya Janata Party (BJP) legislators currently "unattached" in the state assembly and two of the 40 defectors from Bahujan Samaj Party (BSP) whose petition over the question of disqualification is pending before the Supreme Court.
Five other political leaders similarly benefitted.Prominent among those rewarded includes the Samajwadi Party's Surendra Mohan Agarwal, a well known traders' leader, who as the state's financial adviser was holding the status of minister of state.Agarwal's new respon-sibility as chairman of the Uttar Pradesh Development Systems Corporation now gives him a cabinet minister's rank.
Another Rajya Sabha aspirant and SP leader Harmohan Singh, whose son Sukhram Singh is chairman of the State Legislative Council, has been named chairman of Avas Bandhu, a body that deals with the state's housing policy matters. Harvansh Sahai, was appointed chairman of the UP Poultry and Livestock Ltd., a virtually defunct body.
Among the five expelled BJP MLAs showered with designations giving them the status of minister of state are Mayankeshwar Sharan Singh, who was appointed adviser to the state energy ministry and Anil Kumar Verma, chairman of theEntrepreneurship Development Institute. Some of the organisations to be headed by these legislators exist only on paper.(IANS)
Santhome Cathedral Basilica declared ‘Nation Shrine’
Chennai: The century-old Santhome Cathedral Basilica, the magificient Gothic structure at Santhome off world famous Marina, has been declared as the "Nation Shrine" by the Catholic Bishop Conference. The Basilica, only the third church in the world to be built over the tombs of the apostles of Jesus Christ, has been accorded the status, considering the fact that it draws large number of pilgrims and had already emerged as a place of great devotion.
Talking to newspersons here last evening, Ref A M Chinnappa, Archibshop of the Archdiocese of Madras-Mylapore said after diocese made a formal request in January the Conference of the Catholic Bishops of India had agreed to give the recognition to the church.
"The conference at its 25th plenary assembly held at St Peter's Pontifical Insti-tuteBangalore on February 11, had examined the petition from the Archbishop, and after considering the reasons mentioned, unanimously accepted the request," Rev Oswald Gracias, Archbishop of Agra and President of the Conference of Catholic Bishops of India said in his letter.
Rev Chinnappa said the Santhome Cathedral is probably the only shrine in the country to secure the status. He was not sure whether the famous Velakanni Shrine at Nagapattinam had been recognised with the status, he said. The National Shrine status has taken the Basilica one step closer to getting "International Shrine" status to the Church, which had attracted devotees not only from India, but from various other parts of the world, Rev Chinnappa said. The Church had already applied for International Shrine status with the Vatican. (UNI)
Man with detonator arrives in PMO
New Delhi: A man from Bihar carrying a detonator on Friday approached the security personnel guarding the office of Prime Minister Manmohan Singh. The person identified himself as Ashok Kumar, a resident of Rothas district of Bihar, came to gate number five at the South Block office of the Prime Minister with a detonator in his hands Friday evening, official sources said. The security personnel immediately summoned elite Special Protection Group men who took Kumar into custody.
During preliminary ques-tioning, he told the SPG personnel that a detonator had been planted at his residence by certain influential people who wanted to kill him as he wanted to reopen a case relating to the death of his brother.Kumar has been handover to police and was being jointly interrogated by SPG and central security agencies.(PTI)
Auction of young artists’ works touches a high
Mumbai: Saffronart's online auction of the works of young Indian artists saw Atul Dodiya's works fetch the highest bids - crossing the unbelievable Rs.10 million mark ($225,000). The two-day largest ever auction of works of young Indian artists - 125 works by 44 artists - saw Dodiya's 1987 oil on canvas "As though he listened" fetch the highest bid Thursday night.
According to Saffron, "the closing bid (for the work) came in at 9.30 p.m. and is Rs.12.1 million." The work was estimated at Rs.35,000-40,000. According to Saffronart director Dinesh Vazirani, 425 people were online bidding for Indian contemporary art.
Dodiya was the star among India's young artists. Another work of his, "The Kitchen", which was on the cover of the handsome catalogue, almost touched Rs.10 million - it fetched over Rs.9.7 million. With this, the 47-year-old Dodiya becomes the first young artist (besides veterans like M.F. Husain, Tyeb Mehta and S.H. Raza) to reach the Rs.10 million mark.
Dodiya, who was worth Rs.200,000 at a 2002 auction, can now boast of being a coveted artist whose works can fetch a price that veterans have just touched.Vazirani says: "We were quite sure about Atul. He has been making waves with his works. The interesting thing about Atul is change. He explores and creates his own boundaries.
"This work (the 1987 work) is special since it's from an earlier period and serious collectors who don't have this period are willing to go the extra mile to acquire it."
The other feature in Dodiya's favour is that he has recently garnered a lot of acclaim internationally with a recent show of "Sabari" at STPI, Singapore, in collaboration with Bodhi Art, apart from shows in Britain and the US.
Other artists, including Dodiya's wife Anju, also did well at the auction.The 1964-born Anju's work "Pillory" a water colour and charcoal on paper work, fetched a stupendous Rs.9.6 million at the end of the evening. Anju set a record becoming the first young Indian woman artist to fetch such a price. The work was estimated at Rs.18,000-22,000.
Baroda-based artist Anandajit Ray's work, estimated at Rs.450,000-550,000 in the auction catalogue, had moved up to Rs.3.3 million. Last minute bids for Baiju Parthan, G.R. Iranna, Manish Pushkale and Jagannath Panda sailed way past the base estimates.
The works of Bose Krishnamachari, Justin Ponmany, Surendran Nair and Jittish Kallat fetched double their estimates.Manisha Parekh trebled hers, and others like Anjum Singh, Sunil Padwal and Baiju Parthan simply sold way over. A number of these names were part of a prestigious Young Progre-ssives show taken by Saffronart and Bodhi Art to New York and Singapore. With this, Saffron has opened the doors for artists in their 30s and 40s, who have come of age. Subodh Gupta's painting of milk pails went for Rs.2.8 million, and his installation of two bicycles with mail cans, set a new high with Rs.6 million.Gallery prices of Subodh have been Rs.1.5 million. The auction will see new highlights, with price records across the bo-ard.(IANS)

qShillong
office to be renamed qPrincipal Director’s post
to be created
House panel tables MBOSE report
By Our Reporter
SHILLONG:
The Assembly Select Committee on MBOSE tabled its report in the state Assembly on Friday with alterations like renaming of "regional office" Shillong and adding a new post of Principal Director of the Board below the Executive Chairman.As per the report, the regional office, Shillong will be substituted by Shillong Meghalaya Board of School Education Office and the headquarter of the Board will be located at Tura. The Shillong MBOSE office will be headed by a Director. Besides this, there is no major change in the Bill pending before the House since October last year.
As per the select committee report, the board will consist of members appointed by the government such as Executive Chairman, Principal Director, Ex-officio members like Principal Secretary, Commissioner and Secretary Education, Principal Secretary, Commissioner and Secretary Finance, Director of Higher & Technical Education, Director Educational Research & Training and one representative of NEHU.
The members to be nominated by the government are one Principal of a Higher Secondary School and one Principal of a College which provides + 2 level of education, two headmasters or headmistresses of secondary schools, four teachers, one each from Arts, Science, Commerce and vocational education streams of which two teachers will be drawn from secondary school one from higher secondary school and one from college which provides +2 provided that at least two of the four teachers nominated are women. Others are two persons from among distinguished educationists or social workers, one of whom shall be a woman
The Board will also have the power to co-opt not more than one member from among distinguished academicians and educationists. The report further says that the officers of the Board will be Executive Chairman, Principal Director, Director of Administration, Director of Accreditation and Controller of Examinations , Director of Shillong MBOSE office, the Chief Accounts Officers and Chief Academic Officer.
The Board for the purpose of carrying out its duties also appointed the following committees such as Executive Committee, Academic Committee, Examination Committee, General Education, Profession and Vocational and any other committees as may be found necessary.
It was on October 17 last year that MBOSE (Amendment) Bill was introduced in the House. As there was objection to the passing of the bill by the members of the House, the matter was referred to the 13-member select committee under the Chairmanship of Deputy Chief Minister in charge Education Dr Donkupar Roy to modify the Bill.
The NCP members -Mr Edmund Sangma and John Manner Marak had abstained from the select committee meeting. Besides these MLAs the Select Committee comprised Dr Roy (Chairman), Dr FA Khonglam , Mr BG Momin, Mrs Jopsimon Phanbuh , Mr Tonsing Marak , Mr ED Marak, Mr Manas Chaudhuri, Mr Paul Lyngdoh, Mr Draison Kharshiing, Mr M Suchiang and Mr Prestone Tynsong.
Meanwhile, the GSU has decided to discuss the issues related to MBOSE report and other charter of demands at the CEC meeting to be held on Monday. GSU chief Mr Andreas Sangma on Friday said that as they had already rejected the select committee, their stand is that status quo should be maintained on MBOSE and the vacant posts should be filled up. He also said that they will analyse the MBOSE report on Monday in the CEC meeting.
"As the government did not show much interest in our other charter of demands, we will have to chalk out our next course of action", Mr Sangma said.
KSU reaction: With the Select Committee tabling its report on MBOSE, the KSU on Friday maintained that it "would have to see the powers and functions of the MBOSE Shillong office" before taking any stand even as it hoped that the recommendations of the Select Committee would help in the restructuring of the state education system.
Reacting to the MBOSE report of the select committee presented in the state Assembly, KSU president Samuel Jyrwa said: "We are more interested in the powers and functions of the Director in Shillong so that the needs of the student community in the Khasi and Jaintia Hills can be better served".
"The most important thing is the function of the Shillong office, so that the restructuring may help solve the problems of the student community of the region", Mr Jyrwa added.
New Bills introduced on opening day
By Our Reporter
SHILLONG: The State government on Friday introduced the Meghalaya Protection of Interest of Depositors (in Financial Establishments) Bill, 2006 seeking to protect the interest of depositors of cash with chit funds and private companies. The Depositors' Bill seeks to set up a special court to try fake companies which dupe the public and also to appoint competent Authority for attachment of properties, monies of such companies.
Meanwhile Social Welfare Minister MN Mukhim presented - the Meghalaya Persons with Disabilities (Equal Opportunities, Protection Rights and Full Participation) Rules, 2004 and the Meghalaya State Commission for Women (Salaries Allowances and Conditions of Service of Chairperson, vice Chairperson and Members) Rules, 2005.
While PHE Minister Mr HDR Lyngdoh presented the annual report of the Meghalaya State Pollution Control Board for 2003-2004, Transport Minister Mrs Deborah Marak tabled the annual accounts and audit reports of Meghalaya Transport Corporation.
MRTIM to seek info on Kyndai Lad project
By Our Reporter
SHILLONG: The Meghalaya Right to Information Movement (MRTIM) has invited all legislators and top officials of PWD, PHE and MeSEB to its "public presentation" on March 22 to clarify certain financial anomalies related to execution of the controversial Khyndai Lad beautification project.
Informing this here on Friday, the MRTIM leader Michael N Syiem said that the meet would be held at the State-Central Library's Seminar Hall in which data related to expenditure and items of work would be made available to members of the public in order to allow them to seek clarification from the legislators and the officials of the three departments involved in the project.
"There are some anomalies that we would like the MLAs and government officials to clarify to us and the people of the State," he said, adding that the decision to hold the public presentation was taken after scrutinising the documents available with the organisation.
Mr Syiem also said that earlier the State government had mentioned that it spent Rs 3.09 crore for beautification of Khyndai Lad point including lighting and construction of a rotary in the area. He further stated that more expenditure was incurred in the later stages.
By Our Reporter
SHILLONG: The GSU criticised Transport Minister Mrs Deborah Marak for deviating from the original intention of forming the Garo Hills Legislators Forum(GHLF).
KHNAM President Mr Paul Lyngdoh had quoted Mrs Marak as saying in the MDA meeting held on Wednesday last that as the purpose of the GHLF was served, there was no need for the forum to continue. In a reciprocal gesture, Mr Lyngdoh also assured the MDA that the intention to form the Khasi-Jaintia Legislators Forum was kept in abeyance.
However reacting to the stand of Mrs Marak, the GSU said, "We will not consider her as dedicated to our cause. A few months back, the leaders who formed the GHLF had assured us that the forum was formed for the development of Garo Hills, but now she has changed her stand and we deplore it, Mr Sangma said. The GSU leader also said that he would speak to the GHLF Spokesperson Mr BG Momin regarding the matter.
Influx problem concerns Governor
By Our Reporter
SHILLONG: Meghalaya Governor MM Jacob on Friday expressed concern over the unending infiltration of foreigners into the state and at the same time assured that necessary steps had been initiated to contain the same. Addressing the opening day of the budget session, the Governor said that the state police and its infiltration branch have been vigilant against illegal migration to Meghalaya.
"The state Government has taken up with the Centre, a proposal for the extension of the Multipurpose National Identity Card (MNIC) Scheme to the whole of Meghalaya", Mr Jacob said.
To tackle problem of infiltration, the Governor said, the BSF has been urged to keep a close watch on the international border to check infiltration and the movement of the cadres of various militant organizations. He said the Centre has also been apprised of the problems and also the need to have better border management.
On border fencing, the Governor said that only 195 km- especially in Garo Hills- of the entire 423 km Meghalaya border with Bangladesh has been fenced.
"There is no denying the fact that fencing of the international border is necessary for security of citizens and also to check infiltration and cross-border movement of militants. The Government is committed to solving some difficulties related to border fencing, which have arisen in certain areas" Mr Jacob asserted. He said the grievances related to the border fencing were n taken up with the Centre at the highest level.
"I am confident that a solution to the satisfaction of all will be evolved with co-operation of the people of the border areas", the Governor said.
Commenting on the militancy scenario in the state, Mr Jacob pointed out that even as insurgency still continues in some parts, the tripartite agreement with the ANVC for suspension of operations has brought relief to the people in Garo Hills. Without directly mentioning any group, the Governor said that the Government was keeping the door open for discussions with other organizations that desire to eschew violence and opt for peaceful redressal of their grievances.
Highlighting that the state remained free from communal disturbances during the last one year, Mr Jacob said that the law and order situation in the state was, however, affected by agitations over issues related to (MBOSE. He hoped that the "collective wisdom of Assembly will find an acceptable solution to this vexed problem. The Governor also mour-ned the death of nine persons in Garo Hills due to police firing on September 30 last.
Regarding the fiscal reforms in the state, Mr Jacob said that Meghalaya has been under the fiscal reforms' programme since 2000-2001 and a Memorandum of Understanding was signed with the Centre. He said the state government is considering the Twelfth Finance Commission's recommendation to pass the Fiscal Reform and Budget Management Act to eliminate revenue deficit and to ensure that fiscal deficit does not exceed 3% of the Gross State Domestic Product (GSDP) by 2008-2009.
While the Governor found the Right to Information Act, National Rural Employment Guarantee Act and the setting up of IIM in Shillong as noteworthy development, he stressed the need of monitoring implementation of various schemes, encompassing physical and financial progress in the interest of transparency and public satisfaction.
House pays tributes
By Our Reporter
SHILLONG: The State Assembly on Friday paid eloquent tributes to some of the national, regional and state political leaders.
As part of obituary reference, Chief Minister DD Lapang recalled the contribution of former President KR Narayanan, former Lok Sabha Deputy Speaker, PM Sayeed, Former Assam Chief Minister SC Sinha, Former Manipur Chief Minister RK Ranbir Singh , Meghalaya leaders Sanbor Swell Lyngdoh, W Cecil Marak and Rokendro Dkhar.
"They were our friends. A vacuum is created after they passed away", the Chief Minister said.
Manas Chaudhuri (Ind) said that Late KR Narayanan rose to the highest office from the backward community which suggests that India is a land of opportunity for all sections of people. Sanbor Swell Lyngdoh, W Cecil Marak and Rokendro Dkhar.
"They were our friends. A vacuum is created after they passed away", the Chief Minister said.
Manas Chaudhuri (Ind) said that Late KR Narayanan rose to the highest office from the backward community which suggests that India is a land of opportunity for all sections of people. He also said that Late Sanbor Swell Lyngdoh like his illustrious father had a lot of attachment to the farmers. Mr Chaudhuri also recalled the contributions of ex-Chairman of KHADC Rokendro Dkhar and former MLA W Cecil Marak.
Recounting his association with Late Lyngdoh, Charles Pyngrope (Cong) said that he was a great friend and guide. MN Mukhim (MDP) said that Late Lyngdoh since the days of PDIC party was his closest associate who had helped the state to progress on all fronts.
Others who took part in the obituary reference include PT Sawkmie, Draison Kharshiing (both MDP), AL Hek (BJP), RL Tariang (UDP), Zenith Sangma, MI Sarkar (both Cong), Monindro Rabha, Edmund Sangma (NCP) and Assembly Speaker MM Danggo.
SP rubbishes menshohnoh reports
By Our Reporter
SHILLONG: East Khasi Hills SP AR Mawthoh has appealed to the people not to be misled by 'reported' existence of "menshohnoh" (killers for wealth) even as he said that there was no truth at all in the rumour regarding human sacrifice for completion of the Leshka power project.
Speaking at a joint meeting between district police officers, headmen of Smit villages and local MLAs comprising of Martle Mukhim, Prestone Tynsong and Lambor Malngiang, the SP said "the people should not create any nuisance out of such rumours as it may cause loss of innocent life. Before resorting to any kind of action we should first make sure that we are absolutely certain regarding the antecedents of any person," Mr Mawthoh said, adding that nobody should take the law into his own hand.
The SP also said that the police department would sent its proposal to the State Government for construction of new police outpost in and around the Smit area in order to be able to serve the people of the area in a much better manner.
Army personnel beaten
By Our Reporter
SHILLONG: One army personnel identified as Rabael Haque was beaten up by the angry mob in Lummawbah on Friday afternoon for teasing school going girls. According to sources, various school authorities from time to time reported to the local dorbar of Lummawbah about the personnel's involvement in teasing young girls of the locality.
Sources said that in order to tackle this menace the local dorbar appointed some volunteers to keep a close watch and the personnel was caught red handed on Friday. The army man was later shifted to Civil Hospital for treatment.
Border fencing: Protest rallies against Govt’s silence
By Our Reporter
SHILLONG: The KSU and Coordination Committee on International Border (CCIB), comprising HNYF, FKJGP and Federal Council of War Mihngi War Jaintia (FCWMWJ), have decided to hold public rallies on March 24 and 27 at Dawki and Mawkhar Parking Lot here respectively in protest against the government's failure to respond to their various demands.
Speaking to newsmen after a meeting of these organisations held here on Friday, the HNYF president GH Kharshan-lor said that a 15-day deadline was issued to the government to consider the demands but so far the response was negative. The State government on Wednesday had assured to take steps for suspension of the ongoing fencing along India and Bangladesh border in Jaintia Hills and Khasi Hills, Mr Kharshanlor said, adding that no official communication in this regard was sent to the KSU and CCIB. "Until and unless this kind of assurance is translated into practice the KSU and CCIB will go ahead with their agitation," he added.
Meanwhile, the Officer on Special Duty, Political Department, Mrs D Syiem in a letter to the chairman of CCIB, Mr MF Ryngksai, on March 14 clearly stated that a fresh survey would be conducted in the areas where the fencing work was going on. The work would be kept in abeyance till the matter was sorted out with the Centre.
Border fencing to be completed in a year’s time: Govt
PTI adds from New Delhi: Observing that infiltration in Jammu and Kashmir has come down significantly, largely due to border fencing, the government today said border-fencing work on both Eastern and Western sectors will be completed in about a year's time.
Informing the meeting of Consultative Committee on Home regarding the progress in fence construction on borders with Pakistan and Bangladesh, Home Minister Shivraj Patil said it was essential to expeditiously complete the fencing work in other areas also, an official release said.
The Home Minister emphasised the need to strengthen Border Security Force, Sashastra Seema Bal, Indo-Tibetan Border Police and Assam Rifles, protecting the various stretches of the country's borders, by providing them with more men, modern equipment and intelligence support.
Number of youths joined HNLC: DGP
By Our Reporter
SHILLONG: Meghalaya DGP Mr WR Marbaniang has lamented the fact that a good number of misguided youths from West Khasi Hills and other areas have joined the banned HNLC.
Laying the foundation stone for 4th MLP Battalion headquarter at Sohpian village, Nongstoin on Thursday, the DGP said that having haven in Bangladesh the militants were carry on their anti- national activities through the porous border.He appealed the parents to help the misguided youths to shun the path of violence. He pointed out that those who came overground and surrendered, were suitably rehabilitated and were leading meaningful lives.
The establishment of the 4th MLP Battalion within the periphery of Nongstoin town should be an occasion for the people of the area to be proud of, he said hoping that the presence of the new Battalion would boost the development activities in the area. The Addl DGP (L&O), Mr B Kezo, said that the battalion which was raised many years ago failed to find a permanent base camp till date.
Panel for ST status to
Khasi-Jaintia-Garo in other states
In assembly
By Our Reporter
Shillong: The Committee on Welfare of Scheduled Tribes and Scheduled Castes and other backward classes recommended to the State Government to write to Nagaland, Sikkim, Tripura and Assam to recognise Khasi, Jaintia and Garo as Scheduled Tribes in their states.
The report of the Committee released on Friday also recommended to the State Government to identify the recognised communities, which fall under OBC status. It also recommended for the enhancement of the National Old Age pension Scheme to Rs 200 from Rs 100.
The Committee suggested for issuing orders and directions to all BDOs to follow the guidelines relating to Indira Awaas Yojna (IAY). As most IAY beneficiaries are from Below Poverty Line (BPL) families, the Committee suggested for issuing fresh certificates to ensure genuine beneficiaries are not deprived.
Inclusion of Khasis, Jaintias as STs
Meanwhile, while examining the list of scheduled tribes in Northeastern states, the Committee found that as per the list of Government of Tripura only Khasi was included as ST but not the Jaintia. Scrutinising the list of STs in the Assam Government, the Committee found that the Khasis were recognised only in the Autonomous District Council of Assam. It also found that the Khasis are not included in Sikkim and Nagaland's list of scheduled tribe.
Inclusion of other tribes as STs
Scrutinising the records the Committee said, "the Government of Meghalaya adopted the Assam list of ST/ST/OBC in toto without proper verification with regard to the genuinity of the case." It felt that an inquiry should be conducted as to whether or not the 17 tribes and 37 Kuki tribes as appeared in the lists are really indigenous tribes and permanent residents of Meghalaya.
The Committee observed that Meghalaya Government has not published any list of OBC of its own so far. According to the report, Meghalaya has 16 scheduled castes and 17 scheduled tribes besides 37 Kuki tribes.
Vehicles major contributor to air pollution
By Our Reporter
Shillong: The Meghalaya State Pollution Control Board said that 80 per cent of the pollution is caused by indiscriminate discharge or disposal of sewage, effluents, urban solid wastes, bio-medical wastes, domestic fuel burning and vehicular exhaust emissions.
According to a report presented in the Assembly on Friday, the Board pointed out that exhaust emissions from vehicles are major contributors to air pollution since road transport is the only mode of transport in the State. "Unscientific and unplanned mining activities in the mineral rich State have also been causing severe water pollution and environmental degradation in mining areas," the report said.
Under the National Water Quality Monitoring programme, the Board observed that the river quality of River Kyrhuhkhla, which flows through the coal mining areas of Jaintia Hills district, has "become highly acidic in nature with a pH value recorded at 3.0". Springs and wells monitored in the mining areas also revealed presence of groundwater contamination.
Most of the 3800 industrial units and establishments in the State are non-polluting excepting for a cement plant that falls under the 17 categories of highly polluting units. The report also said that most of the limestone kilns in the State have no cost effective pollution control system due to kiln structure, the type of coal used and climatic condition at the places where such units are dominantly located added to the pollution level.
Irregularities on in MTC
By Our Reporter
Shillong:
The Comptroller and Auditor General of India in the 1997-98 report of Meghalaya Transport Corporation tabled in the Assembly on Friday found that irregularities continue in the functioning of the Corporation.According to the report, details of the opening balance, consumption and closing balances in respect to stores, tyres and tubes have not been furnished for verification and auditing.
"The manner in which the value of the said stocks and consumption were assessed has not been furnished for audit."
"The opening and closing balances of stationery, forms and tickets were not assessed and accounted for" while it also pointed out that Party wise ledger for sundry creditors has not been maintained.
Fixed assets as exhibited have not been physically verified by the Corporation, it said.
‘Include Lawsohtun under Laban constituency’
By Our Reporter
Shillong: Laban MDC Mr Sanbor Shullai has sought the intervention of the Delimitation Commission to exclude Lawsohtun from Nongkrem constituency and to include the area under Laban constituency under the ongoing delimitation process.
In a letter to Delimitation Commission's chairman Justice Kuldeep Singh, Mr Shullai said that Lawsohtun was an area lying adjacent to Ward-23 of Kench's Trace presently under Mawprem constituency as also Ward-25 and 27 falling under Laban constituency.
"In the intervening areas are located urban constituency like Laban which is nearest to Lawsohtun followed by Mawprem, Laitumkhrah and Nongthymmai. The location itself establishes the fact that there is absolutely no contiguity or communication link between Lawsohtun on one side and other areas on the opposite direction which together form the Nongkrem constituency" Mr Shullai said.
The MDC also informed that Lawsohtun was divided into six blocks with a population of around 10,000 and total voter strength of 3300 as per latest electoral rolls. He also said that the area was earlier included under Mylliem Community Development Block "but at present is not placed under any of the CD Blocks of the State".
"This is due to the fact that the area has been included in the master plan of Shillong as envisaged by the Shillong Municipality. Accordingly, Lawsohtun will form part of the municipality under the recommendation of the master plan to be introduced soon. On the other hand, the principal areas comprising of Nongkrem constituency fall either under Mylliem or Mawryngkneng Blocks and are outside the proposed Shillong municipal area" Mr Shullai said.
While stating that it was neither logical nor justified from all aspects to maintain the existing arrangement of continuing to include Lawsohtun with Nongkrem constituency, Mr Shullai asked the Commission to review the "existing incongruity" and rectify the position by undertaking immediate delimitation in order to ensure population equilibrium as per the principle and spirit of the delimitation concept.
Mr Shullai also informed the Commission's chairman that the present voter strength of Laban constituency was around 24,000 which would increase to 28,000 after inclusion of Lawsohtun into the constituency. He also said that this figure would establish restoration of uniformity in voter representation constituency-wise and that the strength of Nongkrem constituency would stand at around 28,000 from the existing figure of 31,000.
Govt urged to expedite acquisition of land for Excise office
By Our Reporter
Shillong: The Meghalaya Staff Welfare Committee Customs and Central Excise has urged the State Government to expedite acquisition land to house its office at Hermitage Complex as the Central Government had already sanctioned Rs 10.4 crore for the construction of a new building, failing which the corporate office runs the risk of moving out of Shillong as other States were keen on giving land on the platter.
The office of the Collector (now Commissioner) of Customs and Central Excise, Shillong was established in the year 1947 and till date, it has been functioning from the site at Morello Compound, Kachari, as Commissionerate of Central Excise and Service Tax.
It started as the office of the Deputy Collector of Customs and Central Excise, which became a full-fledged Collectorate in 1952 having its jurisdiction all over the seven north eastern states.
The president of the Association, Mrs Lily Shangpliang in a statement here on Friday pointed out that it was a well-known fact that there had been a strong move to shift the Commissionerate headquarters from Shillong to Guwahati ever since the inception of the state of Meghalaya, and it almost reached its finality when in 2002 orders were issued from New Delhi for shifting the headquarters office to Guwahati. With great concerted efforts from all and with the intervention of NGOs, the move was aborted.
Later, efforts were on for acquisition of the land where the headquarters office is situated since 1947 at the 'Hermitage Complex', also known as Morello Compound.
With much persuasion and vigorous effort, a stage was reached when the Meghalaya Government was convinced that this plot of land is required to be acquisitioned for permanent establishment of office. Accordingly, the land was surveyed and valuation report was submitted. An amount of Rs 10.4 crore as estimated by the State Government was sanctioned by the Central Government as compensation cost of the land. But just when the deal almost got its final shape, the State Government is engaging in delaying tactics, the Association alleged.
If the Government does not act and acquire the land, the sanctioned amount will have to be returned unutilised and forfeited subsequently, the Association pointed out.
Municipal Board continues to
violate laws
tura
round-up
From Our Correspondent
TURA: The Tura Municipal Board (TMB) has failed to put a check to the dumping of human waste into streams while laws are being violated continuously. Public resentment against the Board's policy of dumping sewage into streams has apparently made little or no impact.
Despite a lot of hue and cry by the residents of Tura Chandmari, K A Road, Mission Compound and the adjoining areas against the discharge of sewage, the night shift staff at the Chandmari market complex have once again released human waste into the Gandrak stream on Thursday night. Residents of the area were taken by surprise on Thursday night when stench penetrated into homes causing a lot of discomfort.
Despite so much of resentment against the Municipal Board on its policy of damaging rivers and streams, the officials appear to be unconcerned with the long term impact it will have on the water. Already, a group of residents from the affected localities are contemplating to take up this issue with the State Government to punish the guilty officials and staff of the Board.
Nokmas ultimatum
Angry Nokmas unhappy with the incomplete road construction under their area have served a seven-day ultimatum to the Public Works Department (PWD) to restart the construction of a link road (from Bokda Apal to Waram Songma via Waram Asim covering a distance of 4.5 kms) which is under the PMGSY scheme road. Although the foundation for the work was done with much pomp and gaiety there had been little progress made and all construction activities have come to a halt.
Ceramic painting workshop thrills students
By Our Reporter
Shillong:
Students in the city were thrilled on Friday at the opportunity provided by Chrysalis Gallery to express their creativity through ceramic paintings. The one-day workshop organised by Chrysalis Gallery on the them 'Art of Different Medium particularly ceramic medium', was participated by students of class VII and VIII standards from different schools at Salonsar Mansion, Police Bazar.Renowned local artist Ms Jaya Kalra, who is also the convener of the workshop, said that the main objective of the workshop is to impart to the school students the basic knowledge on the medium of art. Three students from each school were selected to pass on the knowledge and technique they learnt from the workshop to their fellow.
Students from St Mary's Higher Secondary School, BK Bajoria Higher Secondary School, St Edmund's Higher Secondary School, St Margaret Higher Secondary School were among the participants.
KSU chief flays UCIL
By Our Reporter
SHILLONG : KSU president Samuel Jyrwa has condemned the Uranium Corporation of India Limited (UCIL) for "manipulating" local villagers of Wahkaji and Mawthabah on the proposed road project in the area. Speaking to The Shillong Times, Mr Jyrwa said that the KHADC should also be equally blamed for promising development to the area and taking advantage of the innocence of the local villagers.
"We will register a strong protest against the road project and we will allow it to happen" Mr Jyrwa said adding that a meeting of anti-uranium organisations from the State would be held soon to chalk out future course of action on the issue.
On the decision by land owners of the area to allow the road project, the KSU leader said that the entire society has a say on the matter since it involved health hazard from radiation effect. He also asserted that majority of the local people were against uranium mining at Mawthabah.
It may be mentioned that earlier there were reports that the UCIL had paid compensation to land owners of the area through the KHADC in order to facilitate construction of the road from Wahkaji to Mawthabah. KHADC Chief Executive Member Mr HS Shylla recently stated that the road was for development of the local villagers and was not connected with uranium mining.
KSU meet
By Our Reporter
Shillong:
To observe the 28th years of existence, the KSU CEC has convened a meeting inviting all former KSU leaders at Shillong Club on March 20 at 3 pm. The Union said that it would telecast its documentary "Ksan Rngiew" on Monday at 5 pm in all cable networks of the city as part of the celebration.

Justice Denied ?
It is not merely when justice is delayed that justice is denied. Power and pelf save the accused even when their guilt hits the eye. There is also such a thing as a strictly mechanistic and unimaginative adherence to the letter of the law which frustrates efforts to punish the wrongdoer. Of course, one need not be critical of the retention of British jurisprudence in the Indian legal system. The onus of proving oneself innocent should not be on the accused. It is always better to follow the principle that the accused should be considered innocent until proved guilty. One other thing. The human mind is always clouded by prejudice, especially against those with high connections. If the accused is the son or daughter of a powerful individual, especially in government and if his or her lifestyle is unconventional, there is a preconceived notion that the suspect is guilty and even if acquitted, the stigma attaches to the person all along. All this is relevant to the murder of Jessica Lal and the acquittal of Manu Shah. Prejudice works on both sides. Jessica was beautiful and worked in a bar which may alienate the average Indian. On the other hand, Manu Shah is obviously a young rake and that he is the son of a Haryana Minister makes him all the more vulnerable. What is a mystery is that his actor crony claimed that he could not read Hindi. But the prime accused was Manu Shah who allegedly shot her. The question is whether Shah fired a shot which hit Jessica and why he was not forced to produce his gun to prove whether or not the bullet was from his gun. This is not circumstantial evidence and circumstantial evidence need not be dismissed. It is also not right to take seriously the retraction of a statement by an eyewitness. The police have challenged the verdict though the Judge claims to have followed the law.
Even political parties are clamouring for a retrial. It appears that a retrial is ordered only when the trial is handled by the judge in a wrong manner. A lawyer like Ram Jethmalani thinks that it will not be possible to hold a retrial. A retrial will not anyway bring Jessica back to her parents. On the other hand, how Manu Shah’s father continues to be a minister remains a mystery. Guilty or not, Shah’s involvement in the sordid proceedings has decidedly tarnished his father’s image.
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Parliament Must Debate
Public service vs private profit ?
By Poonam I Kaushish
It all started with an innocuous complaint two years ago against a rival in Parliament. Doesn’t every one? And typically our netagan dismissed it as a case of sour grapes, while the political pundits read a deeper meaning into it. Of a Congress who was out to kill two birds with one stone. Settle a personal feud with a buddy-turned-foe and political scores with Samajwadi’s thorn in the flesh, Boss No 2. Voila! They were dead right.
No guesses. We are talking of the Bachchan-Gandhi tu-tu-mein-mein and the Gandhi-Amar Singh nok-jhok culminating in the Election Commission recommending film actress-turned- Samajwadi MP Jaya Bachchan’s disqualification from the Rajya Sabha for violating Article 102 (1a) of the Constitution by holding an office of profit. Namely, Chairperson of the UP Film Development Corporation following her election as MP in 2004. Even as President Kalam, for whom the EC recommendation is binding, has sought legal opinion, Bachchan has moved the Supreme Court seeking a clarification of the term 'office of profit.’ Amidst this raging controversy, the UP Assembly hastily passed a Bill making the Chairpersonship of the UP Film Development Corporation "an office of no profit."
Whatever may be the outcome of this battle royale, Bachchan needs to be lauded for raising a major Constitutional issue before the Supreme Court, even if it is in self-defence. In her interim application in the Shibu Soren's case, she has sought to know under what situation or circumstance is a person deemed to be holding an ‘office of profit’ with the Centre or a State Government. Against the backdrop of the fact that the powers-that-be have turned Article 102 on its head to dole out favours to their chosen buddies and chamchas.
The Article states: "a person shall be disqualified for being chosen as, and for being, a member of either House of Parliament if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder." In other words, even as the Article prescribes many disqualifications ‘for being an MP, Parliament’s (Prevention of Disqualification) Act, 1959, can declare any or many offices as Non-profit offices so as not to be disqualified. Thus, many offices like those of chairpersons of various commissions or committees safely stay out.
Be that as it may, the moot point is: has the term ‘office of profit or office of no profit’ become another facet of corruption? Has it provided a legal seal to bribery of our Right Honourables through arbitrary fiats declaring offices of profit as non-profit? Enabling MPs to enjoy juicy lollipops of power? Wherein one may not take any salary but enjoy royal perks, more than making up for it? Who needs a salary!
Instances are a plenty at the Centre and the States wherein MPs who cannot be accommodated in the Cabinet are compensated by being appointed as Chairman’s of various corporations and commissions enjoying the status of Cabinet or Minister of State. Look at the absurdity. A MP as a member of the Air India board takes no salary but enjoys amazing perks ---- unlimited first class travel and entertainment, to mention the mentionables. Or, when MPs as members of Parliamentary Standing Committees get public undertakings to pick up the tab for their five-star hotels, shopping, gifts et al. The situation is worse in the States. The MLA-Chairmen lord over State Boards and Commissions and merrily convert them into their private fiefdoms of mini-ministries with full staff and freedom to poke their noses into all deals --- buying, selling, price fixing et al.
Sadly, instead of debating this issue and rectifying the flaws that have converted the offices of public service into private profit, the Bachchan case has opened the Pandora’s box for our netagan, enabling them to take potshots against rivals and demand their disqualification for holding offices of profit . See how the BJP has raised the ante against Sonia Gandhi’s disqualification as she occupies two posts: chairperson of the National Advisory Council and head of the Rajiv Gandhi Foundation.
Not far behind is Trinamool’s stormy petrel Mamta Bannerjee. She has pointed fingers at several CPM MPs who, she felt, should be disqualified for enjoying offices of profit. Namely Lok Sabha Speaker Somnath Chatterjee who chairs the Sriniketan-Shantineketan Development Authority, Lok Sabha MP Mohammad Salim who heads the West Bengal Minority Development corporation and Hannan Mullah as chief of the State Waqf Board. The DMK accuses bete noire AIADMK supremo Jayalalitha of the same in Tamil Nadu.
Interestingly, the phrase "office of profit" is not defined anywhere. Courts have off and on been passing judgments in cases brought before them, wherein a vague pattern has emerged. The philosophy behind this prohibition is that Members of Parliament should be free to function independently of the Executive. By accepting an office of profit, theoretically they become subject to pressure by the Executive. According to Constitutional expert Durga Das Basu, "The principle underlying this disqualification is that there should be no conflict between the duties of a member of the Legislature as such and his private interests, and that the indebtedness of a member to Government is incompatible with his independence as a representative of the people" According to him, the House Of Commons Select Committee debated this issue in 1941 and 1995.
It explained that the main considerations of disqualifying holders of offices of profit were – incompatibility of certain non-ministerial offices with membership of the House of Commons (which must be taken to cover question of a member’s relations with, and duties to, his constituents); the need to limit the control or influence of the executive government over the House by means of an undue proportion of office-holders being members of the House; and the essential condition of a certain number of ministers being members of the House for the purpose of ensuring control of the executive by Parliament.
Further, actual making of profit by the incumbent is not necessary to make an "office of profit," it is enough if the holder of the office "may reasonably be expected to make a profit out of it. But the disqualification does not relate to the holding of an office to which no salary is attached nor is there any other profit by way of "fee, allowance, reward, commodities, emoluments, perquisites or other advantages whatsoever". Profit is used in a wide sense, and is not confined to emoluments in the nature of a salary. Thus, fees for attending the meetings of a Committee and travelling allowances and the like would also come within the scope of the doctrine, excepting out-of-pocket expenses and reasonable subsistence allowances, but not’ compensation for loss of remunerative time.
Significantly, the Supreme Court interpreted the _expression "office of profit" as "an office must be held under Government to which any pay, salary, emoluments or allowance is attached. The word profit connotes the idea of pecuniary gain. If there is really a gain, its quantum or amount would not be material; but the amount of money receivable by a person in connection with the office he holds may be material in deciding whether the office really carries any profit. Adding that if the Government had the power to appoint and remove a person, then the office is an office of profit within the meaning of Article 102, even though the person is paid out of the funds of the Corporation. On the other hand, if the Government does not possess this power, whatever control the Government may have over the person` in other matters, would not suffice for the purpose.
A case in point. Former Rajya Sabha MP Ramakrishna Hegde’s disqualification. In 1989 he was the Deputy Chairman of the Planning Commission wherein he was not to get any remuneration except reimbursement of the actual expenses incurred in connection with the travel etc. – all aimed at taking that office out of the "office of profit". But his bete noire Subramaniam Swamy complained to the President that the office of Dy Chairman Planning Commission was one of profit under the Union of India. The President referred the complaint to the EC which recommended disqualification. Hegde moved the Karnataka High Court which initially stayed the EC’s opinion before the President eventually disqualified him. As a result, the Parliament (Prevention of Disqualification) Act, 1959 was amended in 1993 to declare that the office of Deputy Chairman of the Planning Commission was no longer an office or profit.
Also, in 1967, one Mrs. Kathuria, Special Government Pleader under the State of Rajasthan was elected to the State Assembly. Her election too was challenged on the ground that she held an office of profit. Before the petition could be heard, the Rajasthan Legislature passed an Act entitled Rajasthan Legislative Assembly Members (Prevention of Disqualification) Act, 1958 which changed the nomenclature of the post with retrospective effect and she was saved from disqualification.
In England, the test to determine whether an employee holds an office of profit under the Crown is whether he may be said to be a servant of the Crown. Hence, in the case of employees of statutory corporations and other public bodies, the determining criterion is whether the corporation itself may be regarded as an agent or servant of the Crown.
The Bachchan case has proved to be a blessing in disguise. It has spotlighted the recurring abuse by the powers-that-be of its authority to distribute patronage at will by nullifying the basic object of Article 102. Clearly, it is time for the Government to desist from appointing legislators to ‘offices of profit’ and merrily promoting legalized corruption. Parliament needs to debate the issue threadbare. Private profit must not be permitted in the name of public service. ---- INFA
Pawan Hans : Victim of neglect
By Devsagar Singh
Pawan Hans Helicopters Limited is a little known PSU under the Ministry of Civil Aviation and least cared for even though it can play a major role in complementing the Government of India’s multi-crore "Incredible India" campaign. Consider the length and breadth of the country and the inaccessible areas crying for attention from national and international tourists. But the Pawan Hans has not even half a dozen helicopters to cater to their needs. Out of a total strength of 32 helicopters in its fleet, almost all are committed to meeting the needs of ONGC and officials of some state governments in the North East.
Tourism is one of the biggest foreign exchange earners for the country. More and more foreign tourists are coming to India every year. Why is the Government not concerned about opening up newer and inaccessible areas to them? One answer is that there is shortage of helicopters in the country. This is a ridiculous situation because the country has no dearth of finances to procure helicopters. It is simply because the Civil Aviation Ministry is too busy finalising high value deals of aircraft purchases for Indian Airlines and Air India as also the multi-crore modernisation of Delhi and Mumbai airports.
Yet another reason is utter lack of coordination between the Ministry of Civil Aviation and Ministry of Tourism. There was a time when civil aviation and tourism was one ministry. But it is no longer so. This is taking its own toll in terms of lack of proper coordination between the two complementing ministries.
Pawn Hans has a fleet of 21 Dauphin (French) helicopters, 6 Bell helicopters, 3 MI 172 helicopters and 2 Robinson R-44 helicopters. Out of these, it operates as many as 11 helicopters (ten Dauphins and one MI-172) for the ONGC in Bombay High. These helicopters ferry men and material for the ONGC operations in off-shore areas of Bombay High. Pawan Hans provides helicopter support services to several state governments, namely, Arunachal Pradesh, Meghalaya, Tripura, Sikkim, Lakshdweep, Andamans and Nicobar Islands. It also provides helicopter services to some PSUs like Oil India, NHPC, Ministry of Home Affairs. Occasionally, it has flown helicopters to some holy shrines of Kedarnath and Badrinath, etc.
The helplessness of Pawan Hans can be seen from the fact that it has just one helicopter each to provide to Arunachal Pradesh, Meghalaya, Sikkim, Tripura. These machines end up ferrying only the state government officials (indeed, most of the time political VIPs). There is hardly any provision for ferrying across tourists. Pawan Hans Helicopters Limited was incorporated in 1985 during late Rajiv Gandhi’s premiership. His vision was to reach helicopter services to far-flung and inaccessible areas of the country. At the inception, of course, the primary purpose was to provide helicopter support to the oil sector in off-shore explorations, operate in hilly and inaccessible areas as also make available charter flights for promotion of travel and tourism.
ONGC is a major company in the oil sector. It can operate and a manage a fleet of its own. Why depend upon Pawan Hans? Beacause of ONGC dependence upon Pawan Hans, the latter is unable to expand its operations in other and more important areas, namely tourism and travel. It is time the ONGC sets up a separate wing to manage helicopter operations.Pawan Hans should also be taken out of the clutches of Home Ministry, which now and then seeks for helicopters. According to informed sources, North Eastern states are the casualty because they do not get adequate helicopter support. Imagine just one helicopter for each of the Northe Eastern state. If there is a breakdown, these states cannot even attend to emergencies.
Being a small PSU of the Civil Aviation Ministry, Pawan Hans does not raise its voice unlike Indian Airlines or Air India. So it remains a small fiefdom of the ministry. There is no one to espouse its cause. Ministry of Tourism occasionally writes to the government explaining the need for deployment of helicopters for tourism and travel purposes. It is routinely pushed to the Ministry of Civil Aviation, which has time mostly for Air India or Indian Airlines. (IPA)
Rajnath upset over Advani move
By Nora Chopra
BJP president Rajnath Singh is unlikely to embark on his yatra. Because of serious differences with his predecessor LK Advani, Rajnath is said to be planning to cancel his yatra. Rajnath Singh is upset over Advani’s announcement of these yatras without consulting him. Singh has been saying that Advani has no authority to take these decisions; nor was he authorized to announce them. According to the sources in the BJP, Advani is behaving as if he is the de facto president. There is also confusion over the districts to be covered by both the leaders. While Advani has allotted the BJP strongholds for himself, he has left the weak areas for Singh. According to the scheduled programme, both the leaders had to visit the Sankat Mochan Temple where the blasts took place. But they had to cancel it because the feedback from Varanasi was that the situation was not favourable. Singh has complained to the RSS bosses. RSS chief KS Sudarshan and RSS general Secretary Mohan Bhagwat have reportedly expressed their unhappiness over the face-off between Advani and Singh. The RSS leaders have also warned Advani against misusing his authority.
SEEING IS NOT BELIEVING! :Sanjay Joshi may have been blacklisted by the BJP, but the RSS is not convinced. Their leadership feels that the CD was fake. Recently, at their Pratinidhi Sabha held at Nagpur, three CDs were shown to 35 state chiefs. One CD was on Pakistan President Musharraff; the second was one UP Chief Minister Mulayam Singh and the third on the RJD chief Lalu Prasad Yadav. In the CD Musharraf is shown as an unbelievable Rambhakt dressed in saffron clothes and performing Pooja in Ayodhya ! Similarly, Mulayam is shown as an alcoholic; so is Lalu. The message was that in this era of technology, anything is possible. And do not believe what is being shown in the CD.
NOWHERE TO GO: Khwaja Qamar Alam has no place to go. Both the Pakistan and Indian governments have refused to recognize him as their citizen. He has been in Tihar Jail since October 1, 2004. An Aligarh Muslim University graduate, he first went to Karachi (on an Indian Visa) to visit his maternal grandfather in 1983. He overstayed in Pakistan even after his passport and visa expired. He then managed a fake Pakistani Passport under the name of Owais Ali. On this Passport, he came to India in 1989 - to get married to one of his cousins; he went back only to return to India in 2003 with his wife and seven children. He then filed a petition in the court asking for Indian citizenship. The court referred it to the Ministry of Home, which refused to recognize him and jailed him. (IPA)
Shut Down without prior notice
Sir,
It is strange that the authorities of MeSEB, Jowai do not issue any notification prior to shut down of electricity, while in Shillong, those concerned Officers issue the same for the consumers to know. On 10.3.2006 from 1 p.m. up to 7.30 p.m., there was shut down from the main Jowai Transformer. It kept the whole of Jowai torn in complete darkness. In fact, the authority should consider the feelings of the general public and the students of SSLC, HSSLC, and B.A, preparing for their ongoing final exams. Such sudden shut down badly affects their study. In fact their parent have made a hue and cry. We the consumers have suffered much due to the enhancement of energy bill from Rs. 500/- to 1200/- p.m. since the replacement of old meters to new meters. On account of the shut down, there was no water supply on 11.3.06. We therefore request the MeSEB Authorities not to perform any shut down during the final exam of our children and also for the interest of the general public.
Yours etc,
Concerned citizens
Jowai.
Make EC autonomous
Sir,
It refers to NDA march to Rashtrapati Bhawan with memorandum signed by 205 Parliamentarians demanding removal of Election Commissioner Navin Chawla for accepting funds from some MPs from their Local-Area-Development Funds. There were talks of his being Sonia Gandhi’s person in the Election Commission on his appointment. Likewise Congressmen doubt present Chief Election Commissioner to be LK Adwani’s man because his appointment was done in NDA regime. All this is not fair for an autonomous constitutional body requiring impartiality. System should be to appoint Election Commissioners by consensus of Prime Minister and Opposition Leader in a manner Chief Vigilance Commissioner is appointed.
Yours etc,
Subhash C Agarawal
New Delhi

Loyalty pays for Assam Cong leaders
From Our Correspondent
Guwahati:
When it comes to allotting party nomination to contest election, Congress is known for its concern for families of its loyal leaders and it is well once again reflected in the party's list of candidates for the forthcoming Assam Assembly polls. Sons, daughters, wives and widows of prominent Congress leaders in the State including wife of a senior Union Cabinet minister have figured in the list Congress nominees.There are five sons of Congressmen in the list. Controversial young Congress leader from Barak Valley, Rahul Roy, son of incumbent Congress minister Gautom Roy is among Congress poll candidates. The party high command has in fact given nomination to both the son and father duo notwithstanding that they had been quizzed by the CBI in relation to abduction and murder of NRI businessman-turned politician, Mr Pratul Deb.
"There is nothing wrong in party's decision to give poll tickets to Roy. Although CBI questioned them in connection with a criminal case, no case is pending against them. They haven't been convicted or charge-sheeted," said Chief Minister Tarun Gogoi.
The party has given nomination to Chrisostom Tudu, son of incumbent senior minister Mithius Tudu. Twenty-two-year-old Rupjyoti Kurmi, son of former Congress minister late Rupam Kurmi is the youngest Congress nominee. The party has once again selected incumbent State Home Minister Rockybul Hussain, son of former Congress minister late Nurul Hussain, to contest from Samaguri LAC. It has preferred Javed Islam to his mother and party MLA Hussainara Begum to contest from Mancachar LAC.
Bithika Deb, wife of Congress leader and Union Cabinet Minister Santosh Mohan Deb will contest election from Silchar LAC in Congress ticket while the party has chosen Nilakshi Talukdar over husband and incumbent party MLA, Hemanta Talukdar to contest from West Guwahati LAC.
Dr Hemoprabha Saikia, widow of former party Chief Minister late Hiteswar Saikia leads the list of seven widows of Congressmen who have been given party nominations. Dr Saikia will contest from Nazira LAC considered a fiefdom of Saikias. The others in the list are Vandana Gogoi, wife of former Assam Assembly speaker late J K Gogoi; Maya Chakraborty, wife of another former Speaker late Debesh Chakraborty; Ajanta Neog, wife of former Congress minister late Nagen Neog and three reigning party MLAs, Pranati Phukon, Junjonali Baruah, Uttara Kalita, all widows of Congress leaders.
Sharifa Begum, Minister of State for Transport and daughter of one of the prominent minority leader in the party late Idris Ali, will contest the polls from Rupahihat LAC.
The Congress list of candidates has 13 women, 28 members from Muslim community and 16 leaders from the tea tribe community. "The party has decided not to give nomination to 12 of the sitting MLAs on the basis of AICC assessment of their chances of winning," Mr Gogoi said.
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