You are on page 1of 184

The greatest patriotism is to speak out when your country is behaving dishonourably, foolishly, viciously and being wronged

by its own people

From: Dalbir Chhibbar Chartered Accountant dalbirchhibbar@gmail.com 11.10.2013 LETTER TO CITIZENS OF INDIA Dear Countrymen, JAI HIND As a humble and concerned citizen of our country; I take this opportunity to offer some suggestions and measures for the betterment and good governance of our country and to clear the accumulated intolerable mess of last 65 years. These simply worded suggestions are based on my unbiased personal opinions and views and practical work experience of over 35 years and fair acquaintance of ground realities. I would request you to kindly spare your valuable time and go through these opinions and suggestions many of them are radical in nature, requiring changes in constitution and restricting the discretionary powers of governments and bureaucracy and hence bound to have sharp criticism. Some people will consider my views as absurd or impractical. I wont mind condemnations and criticism for the sake of betterment and welfare of our country. It will be gratifying even if section of the readers endorse some of these suggestions which might ultimately lead to their acceptance and implementation. Healthy Criticism and counter suggestions are welcome. Those interested may circulate this write-up to other fellow citizens. This writ-up is not targeted against any particular person or entity and is manifestations of my personal selfless views and opinions for the general good of people, society and country. I apologise if any bodys sentiments or feelings are hurt. With best wishes, Dalbir Chhibbar

Page 1 of 184

INDEX

1
2

WHY THIS LENGHTY WRITE UP PROPAGANDA OF DIVERSE INDIA

5 10 12 13 14 27 28 34 37 49 52 58 68 78 80 81 92 94 95 97 98 103 106

3. RESPONSIBILITY OF MIDDLE CLASS 4. FORMATION OF NEW GOVT. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 POLITICAL CHANGES NEW CONSTITUTION OF INDIA NEW CONSTITUTION BODIES CORRUPTION FISCAL DEFICIT & CAD FUEL & ENERGY SAVINGS COAL & IRON ORE SIMPLIFICATION OF TAX LAWS INDUSTRIAL GROWTH MINERALS REVAMPING OF LAWS & LEGAL SYSTEM EDUCATION DEFENCE & PARAMILITARY FORCES INTERNAL SECURITY POLICE REFORMS VILLAGES DEVELOPMENT LAND REFORMS BANKS

23 POPULATION

Page 2 of 184

24 HEALTH 25 INSURANCE 26 SEBI & STOCK EXCHANGES 27 POSTS, BROADCASTING AND CINEMAS 28 TELECOMMUNICATIONS 29 FORESTS & WILDLIFE 30 RAILWAYS 31 HOUSE BUILDING & INFRASTRUCTURE 32 VECHICLE, TRAINS & SHIPS 33 AGRICULTURE & FCI 34 JUDGES & COURTS 35 PAVEMENT HAWKERS 36. RELOCATION OF RELIGIOUS PLACES ON FOOTPATHS 37 P.F, D.A, & E.S.I 38 DOMESTIC HELPS 39 HOTELS & RESTAURANTS 40. CIVIC BODIES 41 BHARAT RATANS & HOLIDAYS 42 SPORTS & CRICKET 43 DEBT STRESSED STATES 44 REORGANISATION OF STATES 45 NAXALITE PROBLEM 46 KASHMIR 47 N0 WAR & FRIENDSHIP PACTS

107 108 111 119 119 121 122 124 126 128 130 132 134 134 137 138 139 140 142 143 144 148 149 152

Page 3 of 184

ANNEXURE LAWS, COURTS, JUDGES 1. Obsolete and redundant laws 2. Modernisation of useful laws

& ADVOCATES

153

3. Consolidation of employees and labour laws 4. New business and financial law 5. Consolidation of commodities laws 6. Consolidation of marriage and divorce laws 7. Consolidation of democratic laws 8 Consolidation of foreign affairs laws 9. Repealment of Nationalisation acts 10. Consolidation of heritage properties acts 11. Consolidation of intellectual properties acts 12. Companies acts 13. Electricity acts 14. New criminal law 15. Consolidation of Hindu laws 16. Consolidation of judicial laws 17. Public safety act 18 Shops & establishment act 19. Repealment of old and redundant Madras, Delhi, Bengal, Bombay, Punjab, Manipur and central provinces based acts.

ANNEXURE B ANNEXURE C

DEVELOPEMENT OF VILLAGES PROBLEMS OF SECONDARY STEEL SECTOR AND OTHER INDUSTRIES

174 177

Page 4 of 184

1. WHY THIS LENGHTY WRITE-UP:The country is in utterly bad shape. Corruption has become limitless. Bribery, dishonesty, nepotism and tax evasions have become tools and escalators for easy and quick rise .The common people are extremely disgusted, disappointed and despaired and have virtually lost all hopes of any meaningful and quick change or improvement going forward. The despondency is visible all around. The major problems facing the Nation are:a. Most Politicians across parties; have messed up the whole country in almost every respect and on all fronts in their lust for power at any cost with scant care for the nation and people. As a result most people shun, despise, and disregard politics and self serving politicians and try to keep distance from them. There is no dearth of honest, sincere, incorrupt, capable and highly talented gentle people in our country who deserve to be in parliament, state assemblies and in government and who can make tremendous, productive and meaningful contributions towards better governance and nation building but are unwilling to enter politics because politics has become a bad word in Indian context for many reasons namely corruption, nepotism, lack of accountability and mainly its criminalization. . b. Citizens are no less responsible as they have kept voting on caste, creed, communal, regional and local lines and issues, disregarding the wider national interest, in a biased way for their own vested interest and also under the influence, false propaganda, tall and untenable promises of political parties . c. Even 65 years after independence; the poverty is widespread and is showing no signs of abatement (31.27 crores people are below poverty line).

Page 5 of 184

d. Large scale unemployment and huge underemployment which is officially and conveniently wished away as employment. Unproductive employment (mainly in numerous and unwanted central and state govt departments due to politically motivated recruitment or overstaffing) is also a big problem as it eats in to govt revenue which otherwise can be used for constructive development works. Due to economic slowdown and static industrial growth; good part of employees under private sector are workless but are not being laid off/ retrenched by employers in the hope of a near term economic revival. The farmers hardly have work for more than 3 to 4 hours a day (That too during the crop season) but are officially regarded as fully employed? Rest of the day, they waste time in smoking, gossiping, playing card games, sleeping and of course drinking alcohol. e. Consistent and high food inflation of around 10% for past several years causing great hardship to people. Vast sections of lower middle, middle and salaried class are the worst sufferers as they have limited income and are largely devoid of govt subsidies except govt employees who get liberal D.A or a section of them who can make extra money by graft / bribe. f. High govt fiscal deficit, high adverse foreign trade balance and resultant uncontrolled current account deficit leading to weak Rupee and costly essential imports with no matching gains to exporters as many are forced to under cutting to remain competitive in the highly challenging and competitive global market.

Page 6 of 184

g. High govt revenue expenditure almost two and half times more than the planned (productive) expenditure resulting in wastage of valuable funds with no creation of productive employment or permanent national assets . h. The poor state of affairs of most businesses and industries particularly steel, cement, aluminium, mining, petroleum, power, real estate and infrastructure with core sector growth falling to near zero and general gloomy atmosphere all around with GDP growth sliding to sub 5% and what hurts and pains most is that the statements, counter statements and debate between the Ministry of finance, planning commission, chief economic advisor , RBI , Economists and analysts is whether the growth rate will be 3% or 3.5% or 5 % in the years to come but nobody discusses or suggests how to take this growth rate back to 9% level. i. Only about 2.7% of the population contributes direct taxes and govt continues to squeeze this segment with no effort to increase the tax base particularly by bringing rural rich in the direct Tax ambit. j. The business and industries have been squeezed to the hilt by regular and hefty increase in the prices of raw materials, diesel, coal (50% price increase in the last 4 years by govt Coal Companies), electricity, iron ore, increased manpower cost due to continuous high food inflation and compulsory annual increments, extremely high rail and road freight for steel, iron ore, coal, cement and fertilizer etc with a politically motivated decision to keep the passenger fares near static, multiple and high indirect taxes in the form of excise duty, service tax on almost all types of services, state vat, high state excise and vat on liquor and alcohol, Octroi, Entry tax, Cess on taxes, Cess on minerals, CST, TOT, electricity duty etc .

Page 7 of 184

k. Uncontrolled population growth amidst limited land area and natural resources with no political outfit raising serious voice against it for fear of losing votes .Indian population has grown from 33 cr. in 1947 to now nearly 125 crores. l. Rising demand and high prices of oil, gas, petroleum products, electricity, coal, iron ore etc. with almost static domestic production leading to dependency on heavy and expensive import causing still higher trade and current a/c deficit. m. A large power generation capacity is lying idle due to non availability of coal and natural gas and their high unaffordable imported cost leading to widespread power shortage in many states particularly in South India, Bihar and U.P . n. Continuous gold import despite higher import duty and other preventive measures by the RBI. From 2006 to 2011 the govt most irresponsibly and negligently kept its eyes closed and allowed uncontrolled duty free import of gold at extremely high international prices (largely driven by speculation and controlled by International cartels) and now with 35% fall in the international gold prices from the peak; the Nation has become poorer to this extent as valuable foreign currency has already out flowed on this highly expensive and unwanted gold import. o. Ballooning bad debts of public sector banks (with disclosed bad loans almost touching 5% of the total loans) besides restructured loans of Rs 2,50,279 cr. as on 30.6.2013 with major portion of the latter likely to turn bad unless there is a miraculous and quick economic recovery; a consequence of large sanctions of loans during boom periods particularly to sectors like power, aviation, infra-

Page 8 of 184

structure and steel etc. without due diligence or foresight, disbursements under the influence of bribe or other considerations and pressures . Due to continuous slide in economic growth coupled with high interest rates and now negative/ static industrial growth it has become difficult for borrowers to service the loans. p. High debt and interest burden on some states like West Bengal, Uttar Pradesh, Punjab etc. and their inability to service the same and to come out of the resultant vicious cycle choking productive economic growth of these states. q. Thousands of highly complex central and state laws and rules majority of whom are obsolete, outdated, overlapping, conflicting with one another, unnecessary, enacted in a piecemeal manner and presence of multiple laws on the same subject putting great burden on judiciary resulting in 3 crores cases pending in courts and thus denying/ delaying justice to people. q. Plethora of government schemes with no effective and suitable mechanism for supervision, monitoring and audit leading to widespread wastages and leakages. r. Multiple ill-targeted, non-merit or unwarranted subsidies, a good part of which does not reach the actual beneficiaries due to leakages in the distribution chain caused by poor and ineffective delivery procedure and leaving very little with govt to spend on developing productive permanent assets or infrastructures . Most subsidies are senseless and only make bad politics and bad economics. Fiscal deficit, BOP, CAD and economic downturn have assumed proportions that 1990-91 like situation can not be entirely ruled out.

Page 9 of 184

s. Extreme corruption at all levels and no centralised, effective, dedicated and independent single agency to deal with it except noises and promises. The

presence of multiple agencies to curb corruption has worked at cross ends, at the dictate of their political masters leading to easy escape for big fishes and small ticket offenders becoming the easy scape goats. t. Hundreds of projects are stalled or delayed due to extreme red tapes in govt depts. , non or extremely delayed clearance by ministry of forest and environment, inter-ministerial conflicts, ego and wrangling, personality clashes, lack of proper and timely communication and harmony between ministries and departments, delayed or no action and only formation of committees after committees including parliamentary standing committees on all issues with no fixed time frame for their report and/or proper and timely follow up and implementations of the recommendations of their reports . u. Naxalism and Terrorism with no centralised independent and effective agency to deal with and combat this menace. And many more!

SUGGETIONS WITH BRIEF COMMENTS

2 MALICIOUS PROPAGANDA OF India BEING A DIVERSE AND COMPLEX NATION:It has become fashionable for a section of Indian intellectuals, academicians, media and politicians to keep harping about the complexity, diversity and subnationalism of India. To some extent this diversity is there because unlike other countries; we in India have people professing different religions. Reasons; there are four indigenous religions namely Hinduism, Buddhism, Jainism and Sikhism and in addition five foreign religions namely Islam, Christianity, Judaism, Zoroastrianism (Parsis) and Bhai faith. But the fact is that since ancient times India has had been one country and known as BHARAT and till date it is known and called as such. It is another matter that due to its vast territory (Starting from

Page 10 of 184

present day Afghanistan and stretching up to Burma) and lack of quick transport and communication facilities; the country used to be ruled by local Rajas, kings, princes and jamindars though there were intermittent times when almost the entire country was ruled by a single emperor i.e. Chandra gupta Maurya, Ashoka and Akbar. The linguistic differences are nominal as all regional languages have mainly originated from SANSKRIT .In any case most Indians can now understand and communicate with each other in Hindi or English. The minor cultural differences are fast dissipating. Food habits have undergone major changes. People have begin to relish all kinds of food whether Bengali, Punjabi, Gujarati, south Indian or Mugalai. Clothing and attire has become quite homogenous. Males have shifted to trousers and shirts and females towards Sari, Salwar Kamiz or Jeans with tops. Let us understand and appreciate that India of today is fast ignoring its so called little bit of diversity .The majority of present generation(Aged between 16 to 35) just does not care much about cast, creed or community. Proliferation and acceptability of inter-cast marriages amply proves it. By 2030 when another generation grows up the ethnicity, castism and regional languages will be pushed in to near oblivion. The greatest binding force behind our unity is the unique quality of our people being Tolerant, non-violent, peace loving and religious. For example, even at the height of terrorism and extremism; the Punjabi Sikhs and Punjabi Hindus in Punjab just did not fight with each other and maintained brotherly and cordial relations. The fight between various linguistic and cast groups is near zero. The minor clashes and fights between Hindus and Muslims are few and limited, short-lived and quickly forgotten and normally take place on minor local issues or on the eve of elections instigated by political parties across the board and it is absurd and false propaganda to hold BJP being its sole creator. Post 2002; not a single riot has taken place in Gujarat. The fight between Sunni and Shia Muslims (Rampant in Islamic Pakistan, Iran and Iraq) is unheard of in India. I personally, therefore, disagree and criticise those who call India a complex and diverse country and advise them not to propagate their divisive agenda and instead should preach unity and nationalism. Was USA not initially a country of highly diverse communities, races and nationalities? The fact is that Indians are fast becoming more and more united and nationalists. Those having any doubt may just have to see and feel the public response , emotions, joy and sorrow in any stadium in the country where Indian cricket team is playing a match with any foreign country.

SLOGANS like UNITY IN DIVERSITY and DIVERSE AND COM PLEX India must stop and replaced by OUR India ONE India and HAMARA BHARAT EK BHARAT

Page 11 of 184

3. THE RESPONSIBILTY, DUTY AND ROLE OF MIDDLE CLASS INDIANS AND EXPECTATIONS FROM THEM:We Indians proudly proclaimed ourselves as hero till 2009. By 2013 we have been virtually reduced to zero. The fall from grace has been sharp and quick. In 2009 we chided foreign investment and our politicians declared that India is no more dependent on foreign inflows or investment and growth rate of 9% is here to stay. By 2013 we had to bite the dust. The shining India turned in to cloudy India. The growth rate fell to below 5% (Would have been lower but for growth in service sector), the industrial growth became static or negative and value of Rupee against dollar fell from 44 to all time low of 68.85. The middle class of any country is its real backbone .It is the educated, urban-

ised, well informed and well off middle class of our country which took the lead in freedom struggle. Post independence whatever progress we achieved can be largely attributed to middle class. This is the class which is the opinion maker in the country and also the worst sufferers economically and otherwise. The wealthy class comprising of ultra rich, super rich and rich, barring few exceptions, is an elite class and is only busy increasing their power and wealth, enjoying lavish parties in their own close social circle, indulging in super extravagant marriage and other wasteful ceremonies and are largely unmindful of national interest although the contribution of wealthy industrial class in the industrial growth cannot be undermined. But their contribution was mainly driven by profit motives in collusion with politicians and bureaucrats with nation building being only a secondary or consequential objective. The political class (exceptions apart) is busy in its own affairs of how to hog the limelight, get power, wield authority and amass wealth. The poor class and peasantry cannot be blamed as they are either illiterate or semi illiterate and do not understand much either about laws, the democracy, constitution, their rights, the real value of their vote which can be easily purchased or exercised based on petty local issues, the state of affairs of the country and its geography or history and are seized by and engrossed in fighting their own pressing economic and social problems. Under these overall horrific circumstances particularly when the politics has largely degenerated in to a kind of family business to loot the country with the connivance of ever obliging businessmen ,Industrialists and bureaucrats ; the duty and responsibility of taking the country out of this great mess and chaos largely rest with the middle class ( Numbering almost 25 to 30 crores
Page 12 of 184

which is more than the entire population of USA ) who must muster the courage to enter politics with sincerity and honesty of serving the society and country and not to fill pockets , never to avoid casting votes in election for the right and honest candidate irrespective of outcome , obey the laws and pay the taxes , avoid and stop bribery , help poor , needy and genuine charitable institutions, take to streets against any kind of injustices, criminalization of politics, openly and boldly criticise anything wrong done by Individuals or politicians or bureaucrats and to vanquish the chaos and mess before chaos and mess vanquish us. Hope of the country lies on them and they must not fail in their moral duty. Sacrifice your today for a better tomorrow of coming generations.
4. IMMEDIATE FRESH ELECTIONS AND FORMATION OF NATIONAL GOVERNMENT:The political uncertainty causing no / delayed / populist decisions and actions by the govt must end by holding fresh Parliamentary elections at the earliest. Waiting till May 2014 is only aggravating the uncertainty. If opinion polls are near accurate or reliable, no single party is expected to get clear majority; hence post elections whichever dispensation comes to power must form a NATIONAL GOVT with a well conceived and well thought out growth oriented NATIONAL AGENDA for implementation at war footing. The Principal opposition party is advised to be constructive with positive and pragmatic approach and should cooperate with the new govt and should not oppose anything and everything just for the sake of opposition.

It will be highly desirable and welcome if the two top winning parties, irrespective of their political and ideological differences whether actual or only for public display, join hands and form the NATIONAL GOVT to avoid the curse of collision govt formed with multiple parties all of whom will try to extract their pound of flesh in complete disregard of National interest. The past history amply vindicates this hard and bitter fact.

Page 13 of 184

OTHER AVOIDABLE BUT FEASIBLE OPTION Suspend democracy and politics for a temporary period of 10 years, let the Army take over for this interim period (without martial law) and let the latter form a commission consisting of top retired defence officers, eminent and honest citizens and retired / serving supreme court judges to select and form central and state governments consisting of apolitical highly educated, experienced, honest, sincere and specialised technocrats to run and govern the country for ten years. We had lived without democracy till independence and have tasted and tested democracy for the last 63 years and perhaps most will welcome this change. Pakistan recorded the highest economic growth during the periods of General Ziaul Haqe and general Musharaf .Let our politicians take rest and relax. Hopefully the country wills be blessed with a new breed of politicians ten years hence who would be competent, younger, honest, dedicated, responsible and more caring for Mother India. We resume democracy after 10 years.

5. POLITICAL CHANGES: A CONGRESS M.P.s OF HARYANA IN A PUBLIC MEETING ON 6.10.2013 OPENLY CONFESSED THAT IN India POLITICS IS THE BEST BUSINESS TO MAKE CRORES OF RUPEES IN NO TIME . This is the sorry and most deplorable condition of Indian politics we need to congratulate this person as at least he has publicly accepted the true face of current Indian politics.

However, the following changes in political set up are suggested:*CLEANSING OF POLITICAL PARTIES BY PURGING AND REMOVAL OF
CRIMINAL AND UNDESIRABLE ELEMENTS:-

Page 14 of 184

This exercise should be carried out by the political parties themselves in their own and National interest by removing members having criminal, tainted and corrupt background, fence sitters, those having own personal agenda, greed and lust for power and having the unethical habit of changing sides to suit their own personal vested interest .This screening and purging operation should be carried out down to village level.

The recent outcome of Karnataka elections and opinion polls suggesting that the New Aam Adami Party is set to get around 20% votes in the coming Delhi Assembly elections amply demonstrate that people are no longer willing to tolerate and digest such undesirable and vicious elements in politics . The recent Supreme court Verdict banishing convicted politicians and subsequent forced scrapping of highly immoral Bill and ordinance to nullify this righteous decision of the honourable court by the govt ; under the pressure , protest and anger of media and public is most welcome and a step in the right direction of decriminalization of Indian politics . Let the honest and sincere politicians, whatever their numbers may be, take a lead in cleansing the politics and do a yeomens service to the nation.

*RESERVATION OF SEATS IN LOK-SABHA, RAJYA SABHA, STATE ASSEMBLIES AND IN MUNICIPAL BODIES FOR NON POLITICAL EMMINENT CITIZENS: The Loksabha and Rajya Sabha must have at least 15% nominated members consisting of non-political , highly educated and experienced eminent Indians with an impeccable and unblemished record of integrity and honesty and should mainly comprise of Doctors , Engineers , Scientists, Retired CMDS/CEOs of corporate and public sector undertakings , Genuine Social workers , Prominent businessmen and industrialists , Educationists , Chartered Accountants , Retired supreme and high court judges, Civil servants, senior Defence and Police officers, Artists , Advocates , Pragmatic union leaders , Journalists , Sportsmen etc and such nominated members should have equal privileges and rights including voting on all issues and legislations including on CONFIDENCE MOTIONS and also right of proportionate representation in the govt .

Page 15 of 184

This change will enable representation of deserving people of divers sections of the society in parliament who are otherwise unable to enter parliament for various reasons primarily due to their apathy towards the current horrible and poor state of Indian politics and its criminalization and hence their unwillingness to contest elections. This neutral group will keep a check on the functioning of the government and will act as a buffer and force for the survival of good, efficient and performing government and for the removal of corrupt and inefficient government. Similar provision should also be provided for state Assemblies and Municipal bodies. Note: Such provision of nominated members exists in several countries including in Pakistan where parliament has 342 seats out of which 272 are elected and balance 70 seats are nominated.

* REASSESSMENT OF THE EFFICACY AND NECESSITY OF HAVING A RAJYA SABHA (STATES EXECUTIVE ASSEMBLY): This upper house consists of 250 members elected by the electoral class of state assemblies out of whom 20 are nominated by the President. In its present form the Rajya Sabha is almost toothless; as laws passed by the parliament and sent to it for debate, amendments and approval get automatically passed after a period of 6 months, even if pending and not passed by it. Again Laws rejected by Rajya Sabha, can still be passed by the parliament on the strength of its numerical superiority over Rajya sabha, by calling joint session of both houses and through majority votes. Rajya Sabha has created 250 additional power centres and many people adopt all kinds of means to become its member mainly to get name, fame, power, prestige and privileges. Hence let an independent panel of experts study the efficacy and necessity of having this upper house and after taking public opinion through ballots ; this institution can be considered for abolition or reform by reserving 50% of its seats for non-political eminent citizens together with amended rule that laws rejected by Rajya Sabha cannot become laws unless approved by majority of the sitting supreme court judges and in case of rejection by the latter; the opinion and decision of the Judicial and law commission of India should be final and binding on both houses . But this whole process should be swift, fast and time scheduled and should not stifle enactment of important and urgent legislations though to meet any emergency, the government always has the option of promulgating an Ordinance. Or otherwise since most democracies in the world have the system of having this upper house; let the number of seats in Rajya Sabha be just limited to only 75 out of which 50 should be non-political eminent citizens nominated by an independent commission with each members tenor being for 3 years and an-

Page 16 of 184

other 25 members nominated (not elected) by the top 10 political parties in proportion to their strength in the parliament. The nomination process should ensure that every state is represented by at least one member whether political or non-political. Seventy five wise people are enough to debate upon the legislations and to suggest necessary changes, modifications and amendments .There is absolutely no need of crowd of 250 members.

* ELIGIBILTY CRITERA OF POLITICAL PARTIES TO CONTEST PARLIAMENT ELECTIONS: The political parties securing less than a specified number of votes in state elections (say 3% or 5%) of the total number of Indian electorate; should not be eligible for contesting elections for Parliament. This change is necessary to restrict the proliferation of sundry parties and their presence in parliament. Many people, rightly, consider small regional parties as propagating regional feelings, keep reminding people against their wishes that India is federal, keep dividing the society on cast, creed, religious, regional and local basis and these small parties obstruct the smooth, peaceful and efficient working of the central Government and parliament. Let these small parties, many of whom are individual centric, continue to meet the local and regional aspirations, if any. For healthy and effective democracy; the country must move towards the two or three party systems on the lines of USA, UK, and other countries Onus for this lies on the Congress party, the main national party having presence throughout the country. Third party is also a necessity to avoid any chance of two major parties resorting to got up game and shielding each other. The various local and numerous regional parties will oblige the Nation if they merge and consolidate themselves in the larger national interest forgetting personal egos. The Constitution of our little brother BHUTAN prescribes two tier elections. In round one all parties can contest while in the second and final round only top two parties are allowed to contest with winner forming the govt and loser sits in the opposition. This system was put in place to prevent formation of collision governments. Bhutan, however, is only an example as their model cannot be replicated in large country like India where conducting of elections is extremely expensive, time consuming and full of Hassles.

* THE MINIMUM QUALIFICATION AND EDUCATION LEVEL OF MINISTERS The minimum education and qualification criteria of ministers should be well prescribed. A minister of central government must be a post graduate prefera-

Page 17 of 184

bly with an added masters degree of related field. Ideally, the minister of agriculture must have a post graduate degree in agriculture science, minister of health must be at least MBBS , The minister of defence should preferably be a senior retired officer of defence not below the rank of brigadier, the minister of finance should be a chartered accountant or have a masters degree in economics and public finance or MBA from top B school , The education minister must be an eminent educationist / retired chancellor of a university and so on and so forth. The objective is that a Minister must be thoroughly proficient and well educated and must have a good knowledge of the duties and functions of his Ministry and does not become a puppet in the hands of bureaucrats. Similar minimum education levels must be prescribed for ministers of states, municipal councillors and 3 tier panchayat bodies. Moreover there should be a teaching cum training panel which should teach, train, apprise and acquaint the Minister about all aspects of his ministry and a dossier should be given to the minister for his full understanding before he takes charge. These measures are a must for good governance of the country down to village level.

* THE STATE LEGISLATIVE ASSEMBLIES SHOULD BE RENAMED AS STATE EXECUTIVE ASSEMBLIES: The state legislative assemblies should be renamed as State Executive Assemblies with the main task to execute, monitor, supervise and foster development and growth works in the state and to monitor and ensure speedy implementation of central and state government development and other schemes and remove hurdles. The State Assemblies should have restricted powers of making laws and hence subjects covered under state legislation under the constitution should be suitably pruned. The state assemblies should have authority to make laws only on limited subjects and to frame rules and regulations on typical and vital local issues. The task of enacting legislations should be majorly left to the parliament. The objective and aim should be ONE COUNTRY ONE LAW.

Since independence; the state assemblies have only been adding laws after laws some of which are duplication/amendments of central laws and are of little use, have not benefited the local people meaningfully and have only increased the Babudom, harassment and litigations.

Page 18 of 184

As on date the country is having around 4178 numbers of state laws and legislations (data for Bihar not available).A mind boggling figure? Unable to understand what meaningful purpose these thousand of laws are achieving? Hence the state list of laws under article 246 should be suitably curtailed and the concurrent list may better be abolished or substantially diluted in favour of central govt. A strong Central Govt is a must to preserve and perpetuate the unity of the country and for quicker decisions and faster implementation. The dictate of the central govt must prevail and accepted by state governments.

*ABOLITION OF VIDHAN PARISADS (STATE LEGISLATIVE COUNCILS):If the proposal of compulsory nomination of apolitical persons in state assemblies as suggested in Para 3A above is accepted; the institution of Vidhan Parisad will automatically become redundant and hence will get abolished. However , in its present form such institutions are merely the upper house of the state assemblies with authority of only debate and offering suggestions with no real power to withhold or veto any law proposed by the state assemblies and hence serve very little purpose and should be considered for abolition. In any case, such institutions are existing in only 6 out of 28 Indian states and its reintroduction in Tamil Nadu through an act of parliament is pending due to opposition by the state government itself .

* ELECTION OF PRIME MINISTER, CHIEF MINISTERS AND OFFICE BEARERS OF POLITICAL PARTIES UNDER THE SUPERVISION OF ELECTION COMMISSION OF India: Election of office bearers of all political parties under the direct control and supervision of Election commission of India once in 5 years should be made mandatory. The organisational structures of the political parties should be well defined, uniform and fixed by law. The election of prime minister and chief ministers should be through open voting process of the elected members under the supervision of Election commission and not at the whims of party High Commands.

* PUNISHMENT FOR ANTI-PARTY ACTIVITIES AND INVOLEMENT IN SCAMS, SCANDALS AND CRIMES.

Page 19 of 184

An individual expelled from a Party for anti party activities and on disciplinary grounds should not be allowed to rejoin the same party for at least two years under any circumstances and if removed due to scams /scandals / corruption charges; his re-entry should be banned till he comes clean.

Ideally and morally any minister or politician who comes under the cloud of scams, scandals or corruption should himself resign and step down and should suo-motu invite an enquiry and also move to the court to present his defence and for setting aside of those charges; if they are false, alleged or politically motivated but if convicted and sentenced to jail; the election commission under revised law should ban him or her (including spouse) from contesting election for whole life.

* PREVENTION OF HORSE- TRADING/POACHING IN CASES OF FRACTURED MANDATE IN PARLIAMENT AND STATE ASSEMBLIES: To stop horse trading/poaching and resultant corruption, an individual winning election under a particular political party must follow its policies, advise and directions and should act and vote accordingly and if he violates and change sides he must face expulsion and should automatically loose membership in parliament /state assemblies and must not be allowed to re-contest election under any party for two years. Changing the party after winning election under its banner is nothing but betrayal of the voters and hence such acts must be punished. Sudden change of heart, after winning under a particular party and switching over to other is most unethical, absolutely unacceptable and smells corruption. The best and ideal option , however , is that in case of fractured mandate ; the top two winning parties , irrespective of their ideological and political differences , should mandatorily form a JOINT GOVT with a common settled agenda with proportionate representation in govt and in case of any dispute they should approach a committee consisting of ( Governor of the state , chief justice and 3 senior judges of High court , solicitor general and two prominent citizens) for settlement , advise and conciliation and the decision of this committee should be final and binding on both parties . Let all others occupy opposition benches. This mechanism will reduce corruption, ensure peace, stability and smooth functioning of the govt and allow it to complete its full term without hitches, glitches and blackmailing tactics of members of sundry parties and independent candidates.

Page 20 of 184

This mechanism is also workable at central govt level where the committee will consist of President, vice president, chief justice and 5 senior judges of Supreme Court, Speakers of both houses , Advocate general of India, all three service chiefs of armed forces and four eminent citizens.

* NO ENTRY FOR CRIMINALS AND CORRUPT PERSONS IN POLITICS:It is shocking that the Association for democratic reforms and national election watch has found after analysis of the affidavits filed by the sitting MPs and MLAs ; that 4807 of them have criminal charges against them and 688 are charged with heinous crimes like murder and rape . Indian politics has slowly slipped from democratic to populist to a criminal one . There is urgent need to cleanse the politics and to decriminalise it completely which requires not only will and change of law but also mass entry of decent and honest persons in to politics to effectively change the moral core of Indian public life . The law should be that persons who have been convicted and jailed after due process of law for criminal and corrupt activities should be permanently disqualified from contesting elections including their spouse for whole life and not merely for 6 years as is the rule at present. The criminally charge sheeted persons and under trials ( those not yet convicted) should not be eligible for elections without the approval and NOC of the concerned Judge and approval by a special committee of the Election commission of India. Exclusive Special courts having the powers equal to high court should be constituted for speedy and time bound trial of such political persons within a time period of 3 months by holding trial on day to day basis.

REMARKS: THE HOURABLE SUPREME COURT IN ITS RECENT LAND MARK JUDGMENT BARRED THE JAILED AND/OR CONVICTED PERSONS FROM CONTESTING ELECTIONS; BUT REGRETFULLY AND MOST PAINFULLY; POLITICALPARTIES IMMEDIATELY GOT TOGATHER AND IN NO TIME INTRODUCED A BILL TO CHANGE THE REPRESENTATION OF PEOPLES ACT 1951 NULLIFYING THE COURT ORDER BY PASSING THE SAME IN RAJYA SABHA ON 27.8.2013 AND FULL SCALE EFFORT WAS MADE IN PARLIAMENT ON 6.9.2013 TO PASS THE SAME BUT THANKFULLY IT WAS NOT AND INSTEAD REFFERED TO THE PARLIMENTARY STANDING COMMITTEE. THE APEX COURT ALSO HELD THAT THE MOMENT AN M.P OR MLA IS CONVICTED IN A CRIMINAL CASE, HE WILL STAND TO LOSE HIS SEAT

Page 21 of 184

IMMEDIATELY DECLARING AS UNCONSTITUTIONAL THE SECTION 8(4) OF THE REPRESENTATION OF PEOPLE ACT THAT ALLOWED CONVICTED PERSONS 3 MONTHS TIME TO FILE AN APPEAL AND OBTAIN STAY ON CONVICTION .T0 COUNTER THIS ORDER OF THE HONOURABLE COURT, THE GOVT IN A BRAZEN ACT, DEFYING THE GENERAL AND STRONG PUBLIC OPINION AGAINST IT , PASSED AN ORDINANCE NULLIFYING THIS ORDER TO SAFEGUARD CONVICTED PERSONS FROM LOOSING THEIR SEATS. TRAGE DY AND SHAME ; CONSIDERING THE FACT THAT 97% OF INDIANS WANT CRIMINALS /JAILED/CONVICTED PERSONS TO BE PUSHED OUT OF POLITICS AND WANTED SUPREME COURTS DECISION TO STAND AS PER SURVEY OF 8000 PEOPLE CONDUCTED ACROSS India BY GLOBAL NETWORK AVVAZ (TOI dated 7.9.2013). Luckily for the country good sense prevailed and govt withdrew this ordinance and also the related bill on 2.10.2013 under media and public pressure and anger.

* AGE BAR FOR POLITICIANS: The maximum age for a politician should be set preferably at 70 years. After attaining this age; the individual must take sanyas from politics and it should be made compulsory. A serving Minister crossing 70 years, however, may be allowed to complete his term unless the individual desires to take voluntary retirement.

* MAXIMUM TERMS AS PRIME MINISTER AND CHIEF MINISTERP FOR AN INDIVIDUAL:No individual should be allowed the post of a prime minister or chief minister for more than two consecutive terms. Let these important posts do not become jagirdaris of a particular individual, howsoever efficient and honest he may be.

*FINANCES OF POLITICAL PARTIES AND COMPULSORY AUDIT BY CONTROLLER AND AUDITOR GENERAL:-

Donations or contributions to political parties should be legalised with upper ceiling fixed per individual or corporate. The donation receipt must invariably be countersigned by the donor and a copy of his Identity Card must be attached therewith. The amount of donation of less than Rs 200/- without documentary evidence, should not be permitted as in majority of cases receipt of sundry and petty amounts (say Rs 5 or 10 or 50 etc) shown as allegedly collected in rural

Page 22 of 184

areas are actually nothing but a camouflage to conceal the identity of large unaccounted donations of industrialists, businessmen and vested groups. The list of top donors with amount donated must be well advertised once in a year. The Accounts and finances of the political parties must be subject to audit by the Auditor general of India and his report together with Annual accounts must be published for public information and the report must also be tabled in the parliament. The net income and wealth of a political party must be subjected to tax just like any other entity. Why should they enjoy any tax exemptions? If these measures are implemented; there will be perhaps no need to bring political parties under the ambit of Rights to information Act as directed by Supreme Court.

* MINIMUM EDUCATION CRITERIA FOR VOTERS:The minimum education of a voter for parliament elections should be at least class 12 passed , if not a graduation degree ; for state elections minimum class 10 passed and for civic bodies elections , it should be class 5 passed. However for 3 tier panchayat elections even illiterates could be eligible for next 10 years by which time the country is expected to achieve almost full literacy. This change will not only encourage education in the country but will also enable election of good and deserving candidates and will considerably reduce the chances of many illiterates voting under monetary or other influences. Moreover as the average voter turnout in any election is normally around 65 % even if a section of people are disfranchised; it wont materially affect the outcome of an election. If china can make unimaginable and mind boggling progress, at least five times more than us, without democracy and with a single party almost autocratic rule; then heavens will not fall, if we link the democratic voting rights of people with certain minimum level of education. After all before independence; we Indians never had democracy or democratic rights and hence Right to vote must be linked with education. Those not convinced; may just look at only the steel and power production. During 2011-12 China produced 716 million tons of steel (46% of world production); while with almost identical population, India merely produced 76.7 million tons. Chinas power generation is highest in the world, even more than USA, at around 4604 billion kW as against Indias 835 billion kW.

Is there any comparison? So in what way has democracy benefited Indians? Mere enjoyment of civil rights and liberties, free press and liber-

Page 23 of 184

ty of expression, right to food, right to education, right to vote, right to information etc cannot alleviate poverty and bring economic growth and prosperity. China has added a significant and new chapter to the subject of Economics and Economic development and deserves to be researched not only by the Harvard University but also by our politicians?

* PREVENTION AND CHECK ON CAST BASED POLITICS The politicians in their vested interest have successfully and in most shameless manner divided the polity on cast lines particularly in states like Bihar and Uttar Pradesh. This menace can be effectively countered by providing in the law that in every constituency where a particular cast has numerical superiority; the contesting candidates must not be from that particular cast. Hence in a Brahmin or yadav dominated constituency; the candidates must not be Brahmin or yadav to ensure voting does not take place on cast lines. This reform is most important for the unity of the people, society and Nation.

* MANDATORY VOTING BY EDUCATED VOTERS:Exercise of franchise by literate voters should be made mandatory with provision of suitable fine for not voting unless a voter is handicapped, unwell or hospitalised or for some valid and proven reasons with documentary evidence.

* SIMULTANEOUS ELECTIONS OF PARLIAMENT, STATE ASSEMBLIES, CIVIC BODIES AND PANCHAYATS:The election of state Assemblies, Civic bodies and Panchayats must be held simultaneously with elections for parliament; so that not only the then prevailing will and wishes of the people get reflected in the formation of these entities but also the voters / Election commission /security agencies are majorly spared from the hassles of participating and conducting of one election or another every now and then. This exercise will be highly cost efficient in terms of aggregate election expenses not only of governments but also of political parties. This change can save enormous amount of tax payers money. Let the process and hassles of holding different elections be over in one go. This change will only require one time capital expenditure for purchase of extra numbers of EVMS and their storage space.

Page 24 of 184

*FULLFILLMENT OF PRE POLLS MANIFESTO: The President and chief justice of India must ensure that winning party implements its pre-poll manifesto in letter and spirits based on which people voted for it with minimum of deviations allowed unless there are compelling circumstances to the satisfaction of formers. It should be mandatory for the party in power to explain with valid reasons for deviations and/or non performance to the satisfaction of honourable president, Chief Justice of Supreme Court and Election Commission. The manifesto of next election must list out the promises of preceding manifesto not fulfilled and valid reasons for the same. Law should also be amended that the major points of poll manifesto of top 5 political parties must be advertised at least 5 times by the print, visual and audio media free of cost for the knowledge and understanding of the voters.

*MINORITY GOVERNMENTS FORMED WITH OUTSIDE SUPPORT OF OTHER PARTY OR PARTIES:The law should be made that Minority governments would be allowed to be formed with outside support of other party (parties) only if the latter offers its support in writing to the Honourable President or governor of the state and such supporting party (parties) would have no power to withdraw its support for at least 3 years under any circumstances and even if it withdraws the support; the minority government will continue for 3 years despite no majority in the house. This law is a must to stop formation of minority governments which at times last for less than 3 months and are pulled down depending on the sweet will and wishes of the party or parties lending support from outside.

* SELECTION OF CANDIDATES FOR THE IMPENDING ELECTION MUST BE COMPLETE AT LEAST 3 MONTHS BEFORE THE ELECTION:Political parties must compulsorily complete the process of selection of their candidates at least 3 months before the election and the list thereof must be deposited with the Election Commission for the latters convenience and to make necessary arrangements for smooth and hassle free conduct of the elections. Partly filled nomination forms, intentional habit of many candidates, must be out rightly rejected by the Election commission after giving 7 days notice for re- filing the same with full disclosure of all required details.

Page 25 of 184

* ONLY NON POLITICAL INDIVIDUALS SHOULD BE ELIGIBLE FOR MUNICIPAL BODIES AND PANCHAYAT ELECTIONS: Political parties should not be allowed to field their candidates for election of Municipal bodies and Panchayats. It will be much better if only apolitical individuals are made eligible to contest these elections with 50% women candidates. The non political people will provide much better governance of their cities, towns and villages. In many countries the political parties are not allowed to contest election for civic and village bodies. This system should also be introduced in India.

* VOTERS ENROLMENT: Many youngsters are not registered as voters due to ignorance, lethargy, lack of knowledge of the procedure or whereabouts of the electoral office. The task can be made convenient by providing the voter registration forms at schools, colleges, banks, post offices, panchayat offices for easy availability and they should be duty bound to accept the filled up forms with photos of the applicants for onward transmission to the respective electoral office for registration and enrolment or else election commission can appoint paid agents to carry out this job round the year with house to house visit in their assigned areas. Let no one be deprived of his right to vote.

*SUPREMACY, SANCTITY AND RESPECT OF ELECTION COMMISSION OF India AND STATE ELECTION COMMISSIONS MUST BE HELD:Disobeying the rules, regulations, instructions and directions of election commission of India and State election commissions by political parties, security forces, civil administration and govt employees must be made a criminal offence. Let the sanctity of this most respectable Bodies be preserved.

*THE POLITICIANS NEED TO CHANGE THEIR MINDSET AND ATTITUDE

AND SHOULD CONSIDER THEMSELVES AND ACT AS CIVIL /PUBLIC SERVANTS AND NOT AS PRINCES, RAJAS, KINGS, MONARCH, VIPs OR COLONIZERS AS THEY ARE ELECTED BY PEOPLE FOR A SPECIFIC DUTY OR JOB FOR A LIMITED PERIOD OF 5 YEARS AND ARE SUBJECT TO BEING DUMPED AND CHANGED, IF THEY FAIL TO PERFORM AND DELIVER. AFTER ALL PEOPLE JOIN POLITICS AS PER THEIR OWN WISHESH AND ARE NOT FORCED IN TO POLITICS.

Page 26 of 184

*NO POPULIST SCHEMES OR WELFARE MEASURES OR LAWS ON THE EVE OF ELECTIONS:The honest, sincere and gentle politicians across parties (They are plentiful. It will be wrong to say that all politicians are dishonest, power hungry or corrupt) should not allow their respective parties to announce populist schemes or measures or laws on the eve of elections. In fact the law should be changed that nothing of this sort will be allowed or held valid if done in the penultimate year of the impending elections. The followings actions of the govt are classical examples of such acts done with an eye on the elections:1. Waiver of farm loans of 60,000 crores in 2008 just before the general elections of 2009. 2. The food security bill passed recently to cover 70% population. 3. Legalising the pavement hawkers numbering around 10 million. 4. New land acquisition bill with provision of payment of compensation equal to 4 times the value of market rate of land acquired. 4. Bifurcation of Andhra Pradesh. 5. Grant of additional 10% DA to govt employees and pensioners. 5. Release of Jagan Mohan Reddy after withdrawal of 7 cases earlier filed against him. 6. Banning of dry toilets and manual scavenging.

* THOROUGH REVIEW OF PRESENT INDIAN DEMOCRACATIC SET UP:The present model of democratic set up in the country needs thorough review and re-examination and based on such critical examination; the existing set up can be suitably changed to meet the contemporary requirements. Let us be flexible and not rigid. We have been following the British model; other models particularly that of USA need consideration and public debate.

6. NEW CONSTITUION OF INDIA:The original Indian Constitution , longest in the world, effected from 26 Jan, 1950 has undergone 118 changes and amendments since inception and is currently having a total number of 448 articles, 2 parts, with 12 schedules, two appendices and 1,17,369 words.

Page 27 of 184

It is high time this highly respectable but now complicated and voluminous Constitution should be comprehensively re-examined and thereafter re-drafted in entirety and the new constitution (to be brief, precise, purposeful, methodically arranged and based on Supreme Court judgments) should replace the existing one by introducing the same on 15th August to coincide with Independence Day.

7. FORMATION OF NEW INDEPENDENT CONSTITUTIONAL BODIES AND STRENHTNING OF EXISTING INSTITUTIONS:At present we have only four institutions namely Judiciary, Armed forces, Election commission of India and Controller and Auditor general of India ,which command highest respect from citizens as these institutions are independent , disciplined , have been performing their assigned duties in utmost sincere and excellent manner and are more or less honest and free from the disease of corruption. India is a vast country both in size and population. In fact every 5th person in this world is an Indian. To effectively and smoothly govern our country, besides clean, efficient and responsible democratic political system, we also strongly need to have a number of independent bodies with constitutional validity. The rationale and purpose behind formation of these multi-member (At least 12 members out of whom only 4 should be govt nominees with no member allowed to hold office for more than 3 years) several independent constitutional Bodies and commissions is to ensure that certain specific, important and critical functions and activities concerning the governance of the nation must be freed from politicians and bureaucrats and all such jobs should carry on smoothly and independently irrespective of political upheavals, general unrest or weak, inefficient, minority or care taker government at centre , to preserve and perpetuate the unity of the country and to reduce the burden of govt so that it can focus its energy on quick decisions and faster execution and implementation of development programmes , schemes and projects.

The new Constitution could provide for the establishment of the following additional independent and autonomous authorities /commissions:-

Page 28 of 184

a) Commission for selection and nomination of eminent citizens as members of Parliament, Rajya Sabha, State assemblies and civic bodies. b) Judicial & Law commission of India (Topic 34 and annexure-A ) C) Police commission of India (Topic-19) d) Agricultural Commission of India. (Topic-33) The main task of this commission will be to fix up the procurement prices of major crops like wheat, rice, sugarcane and cotton after taking a holistic and practical view of all aspects and interest of all stake holders. This extremely important function should not be left to the political parties who are often seen taking these decisions based on political considerations In other words; the existing commission for agriculture costs and prices should be reconstituted and given the status of a constitutional entity with well defined functions, authorities and complete independence. e) Minerals commission of India. (It will also take over the functions of petroleum and natural gas authority and also of coal regulator .Commentary in topic-14)

f) Competition & monopolies regulation commission of India:This new independent constitutional body, free from the influence of vested interests, will take over the regulatory powers vested currently with competition commission of India set up under Competition Act 2003 and also those of monopolist and restrictive trade practices act 1969 and will take independent, unbiased and fair decisions to check the monopolistic organisations, practices, cartels, mergers, combinations and amalgamations of business entities with a view to ensure healthy competition and to protect the interest of consumers. Formation of Cartel by major Indian cement manufacturers with the motive of extracting higher prices from consumers by artificially eliminating competition between them has already come under lime light

Page 29 of 184

with every member of CCI confirming this unethical act and imposing hefty fines on them. In last 4 years CCI had imposed a penalty of Rs 8103 cr. on violators but failed to recover as the latter approached the appellate authorities to intentionally delay payments thereby seriously undermining the authority of CCI and hence the necessity of conversion of CCI into a constitutional body and its decisions challengeable only in High court and /or supreme court. g) Health commission of India. (Comments in topic- 24) h) Defence and Para military personnel recruitment and regula tion commission of India.

i)

Public Service Selection, Commission of India.

Recruitment

and

regulation

The responsibility of selection, recruitment and fixation of remuneration of officers of IAS, IPS and other class A & B of Indian civil services shall rest with this commission with abrogation of existing Union public service commission.

j ) REVENUE DISTRIBUTION COMMISSION OF India : In its present form Finance Commission is only a statutory authority, mainly to recommend distribution of revenue between central and state governments and to provide special grants to special or debt stressed states. The recommendations are not binding on central and state governments and quite often lead to disputes, acrimony and strained relations. Once given constitutional authority; it will take unbiased and apolitical decisions and its report and recommendations will be binding both on central and state governments.

k) MONETARY POLICY COMSION OF INDIA:

&

INTEREST

RATE

REGULATION

These two very vital functions and powers greatly affecting the National economy must be taken off from Reserve Bank of India and handed over to this multi-member autonomous Body with decisions

Page 30 of 184

taken with majority votes. The outgoing governor of RBI has to share the blame for sharp downturn of Indian economy by following his arbitrary text book decisions of tight monetary policy and high interest rates. He neither listened to the govt nor to the strong protesting voices of banks, businessmen and industrialists. Result; while the consumer price inflation did not come down but in the aftermath the industrial and economic growth got killed. Again why did not he caution the govt and public against wholesale uncontrolled duty free import of gold at high prices?

k) PAY COMMISSION OF INDIA: With the objective of deciding and fixing the salary and emoluments of all government employees, armed forces, paramilitary forces and judges. States should have own independent pay commissions for state govt employees. Let these vital decisions be not decided by the politicians and bureaucrats who usually influence the same in their own vested interest or under the pressure of unions. The pay commissions are presently appointed temporarily once in 10 years. Let this institution become permanent and an autonomous body.

l) RAILWAY COMMISSION OF INDIA:This Commission will have the sole and absolute powers to decide and regulate the passenger fares and goods freight (keeping in view the best interest of Nations, Railways, business, industry and travelling public), giving sanction to new trains, new railway stations, location of railway zonal offices, expansion of rail lines and railway projects taking in to consideration the recommendations of Ministry of railway, Railway Board and state governments but without being bound by the same. The discretionary powers of the Railway ministry and railway Board on above matters should be done away with or substantially diluted. Historically Most Railway Ministers have had the habit of hijacking the Indian railways to his / her home state with undue favours making other states disgruntled, dissatisfied and unhappy and also taking populist measures to the detriment of National interest, Railways and all stake holders. THIS WRONG AND ARBITRARY PRACTICEMUST END!

Page 31 of 184

m) National disaster management commission (NDMC) The recent disaster and natural calamity at kedarnath has once again exposed that multiple relief agencies work at cross ends, with no cohesion or coordination, utter confusion and chaos, no central command and ultimately leads to calling the armed forces to take care of the relief work and to clear the mess which politicians, central and state bureaucracy and district level administration create. Hence creation of NDMC has become an utmost necessity as an independent constitutional authority. The NDMC will take its own decision whether an incident is a national disaster or not and will accordingly immediately swing in to action with the entire affected state(s) administration, govt machinery, police and armed forces directly coming under its command to control and combat the disaster as fast as possible. Let the politicians not meddle in to this work. The visit of ministers and politicians to the site of disaster must be banned whose only interest is show off and to offer lip service.

n) CENTRAL (CACC): -

ANTI-CORRUPTION

COMMISSION

OF

INDIA

CACC having all India jurisdictions will completely replace the following agencies dealing with corruption:i. CENTRAL BEREAU OF INVESTIGATIONs Anti-corruption wing ii. STATE LOKAYUKTAS, iii. PROPOSED CONTROVERSIAL LOKPAL iv. CENTRAL VIGILANCE COMMISSION, v. STATE VIGILANCE COMMISSIONS, vi. STATE ANTI CORRUPTION BUREAUS. (PUBLIC SERVANTS (ENQUIRY) ACT 1850, TO BE REPEALED)

MULTIPLE ANTI-CORRUPTION AGENCIES CREATE MORE CONFUSION AND WORK AT CROSS ENDS WITH LITTLE COORDINATION. MOREOVER CURRENTLY CBI IS NOT AUTHORISED TO TAKE UP CASES SUO MOTO AND WITHOUT THE PERMISSION OF GOVTS OR ORDER OF SUPREME OR HIGH COURTS.

Page 32 of 184

BETTER WILL BE TO HAVE ONE SINGLE AGENCY WITH CONSTITUTIONAL POWERS, EFFECTIVE AND INDEPENDENT AND FREE FROM POLITICAL PRESSURES AND EXTERNAL INFLUENCES; TO FIRMLY DEAL WITH THE MENACE AND CRIME OF CORRUPTION. THE RECENT GOVT MOVE, UNDER PUBLIC AND SUPREME COURTS PRESSURE, TO GIVE AUTONOMY TO CBI IS A MERE EYE WASH AS UNLESS AUTONOMY IS GRANTED UNDER CONSTITUTION , THE AGENCY WILL PRACTICALLY REMAIN UNDER THE INFLUENCE AND PRESSURE OF RULING GOVT AND SUBSERVIENT TO IT. CACC S HEAD OFFICE SHOULD BE AT DELHI UNDER THE COMMAND OF AN EXECUTIVE CHAIRMAN AND IT WILL HAVE FULL FLEDGED BRANCH OFFICES IN EVERY STATE CAPITAL TO BE HEADED BY A DIRECTOR AND ITS JURIRDICTION SHOULD EXTEND TO CENTRAL GOVT EMPLOYEES , STATE GOVT EMPLOYEES , EX AND PRESENT MINISTERS, MPs, MLAs etc.

O) FINANCIAL INSTRUMENTS COMMISION OF India (It can subsume SEBI, IRDA AND PERDA or become a super regulator cum advisor for them)

p) TELECOM AND CABLE TV COMMISSION OF India (It will also take over the functions of telecom authority of India)

q) ELECTRICITY COMMISSION OF India (It will also take over the functions of existing atomic energy board)

R) DEFENCE EQUIPMENTS PROCUREMENT COMMISSION OF INDIA (This independent Board comprising of members drawn from serving and retired senior most defence officers, nominees of govt, technical experts and eminent citizens will be able to take quick and fast decisions. At present procurement decisions are unnecessarily delayed due to multiple layers of decision making process and caution on the part of the govt to avoid allegations of corruption by the opposition parties) The existing bodies such as IRDA, SEBI, Telecom Regulatory Authority Of India, Competition Commission Of India , Central Electricity Commission , Information

Page 33 of 184

Commission of India, Atomic energy board, Petroleum and natural gas regulatory authority, recently constituted Coal Regulator etc are not independent , are mainly manned by retired bureaucrats and do not enjoy freedom in their actions and decisions being subservient to concerned ministries and bureaucrats and succumb to their advise and pressure. Hence all these bodies should be given constitutional status or complete autonomy. Each of these constitutional bodies and commissions should have at least 12 members all of whom should be well qualified, sincere, honest and well versed in the related field and they should take all vital decisions based on majority votes with no veto or super power to the chairman of the commission and minutes of their meetings should be recorded with names of assenting and dissenting members and adequate public disclosure of the same. Such powers cannot be vested with one or two individuals or otherwise the very purpose of such independent bodies will be defeated.

8. THE MENACE OF CORRUPTION: * India is one of the most corrupt countries in the world. Various agencies at central and state level have been founded and operating to check this menace but they are not very effective as the data suggest. During the year 2010 the number of central govt employees (total employees 26.17 lacs) punished for corrupt activities by central vigilance commission were just 8403 of which 3853 were meted out major penalties and balance 4550 got away with minor penalties. Similarly the numbers of employees punished by Anti-corruption wing of CBI were a meagre 382. To fight corruption effectively; it is essential that a single agency called central Anti-corruption commission of India should be formed which should be an independent and constitutional body to exclusively deal with problem and menace of corruption. Multiple agencies are not the solution. * The PREVENTION OF CORRUPTION ACT 1988 should be thoroughly amended to deal with crimes of corruption. This Act by itself cannot prevent or could not have prevented corrupt activities and it was enacted only as a deterrent and to prescribe procedure of trial and consequent punishments for guilty public servants. * The proper and new name of this Act should be Corruption deterrence and punishment Act.

Page 34 of 184

* The existing Act should also be applicable to Jammu and Kashmir unless we are sure that J&K is not a part of India or public servants in that state are dead honest and dont indulge in corruption . * The word Corruption itself finds no mention at all in the existing act contrary to its nomenclature. The act merely talks about receiving gratifications as an offence without describing the meaning and scope of gratification. The literal meaning of gratification is satisfaction or pleasure and it is puzzling how such acts could be termed as a punishable offence. * The Act, therefore, needs to boldly and unambiguously define in clear words the meaning of the word corruption. The corruption should mean and include inter alia acts of bribery and embezzlement directly or through intermediaries or even if it is passive or wilful forbearance of ones official duties and responsibilities and to remain silent with a view to benefit somebody and also misappropriation / pilferage/ looting of public funds directly or indirectly in the distribution chain of govt subsidies and centrally sponsored welfare schemes. * The Act says that an act of gratifications by public servants shall be investigated by a police officer but ironically the police officer himself is a public servant. It is absurd that the misdeeds of a public servant are allowed to be investigated by another public servant. Are policemen free from the acts of corruption? The fact is that a section of policemen are prone to corruption and hence how a proper, fair, uninfluenced and unbiased investigation is expected from Police. * Therefore, the Police should not be the investigating agency under this act. The purpose of anti- corruption will be served only if detection , catching the offenders red handed, subsequent investigation and arrest is entrusted to a separate specially constituted independent and autonomous Body and this Body will be able to function independently only and only if it is a constitutional body which could be named as CENTRAL ANTI-CORRUPTION COMMISSION (CACC). Let this independent Body also decide the bonafides of inadvertent acts of commission/ omission of a civil servant committed prior to his remittance of office to protect them from vexatious or revengeful prosecution. * The meaning and definition of public servants needs to be fully clarified in the amended Act and also widened to inter alia include in its ambit the ex and present Ministers of central and state governments (Prime Minister to be excluded), members of parliament, Rajya Sabha, State Assemblies, civic bodies, members of 3 tier Panchayat bodies, office bearers of sports bodies, office Bearers and teaching staff of both govt and private govt aided educational institutions. The armed forces should constitute its own in-house Anti-corruption Commission to be constituted by a committee of 12 serving senior most officers of armed forces and those found guilty of corruption should be court martial led. *The existing Act provides for appointment of special Judges by central and state governments for trial of guilty persons. This system is faulty and also grossly inadequate considering the fact that corruption in the country has assumed alarming and virtually uncontrollable dimensions in size and enormity.

Page 35 of 184

* Therefore the amendments in the act should provide for creation of permanent and exclusive courts for trial of persons guilty of corruption and such courts should not only be session/trial courts in status but should also be equal in terms of powers to those of high courts so as to expedite trials and punish the guilty without the multiple layers of judicious process and resultant delays. If found guilty; the convicted person should only appeal before the honourable Supreme Court for re-dressal, equity and justice. The Supreme Court should have a special and separate bench to hear and expeditiously settle and dispose off such appeals without giving unnecessary adjournments. * The amended Act should be absolutely independent and completely detached /decoupled from the relevant / overlapping / inconsistent provisions of the Criminal Procedure Act 1973. Let the amended act elaborately lay down its own procedure and rules for all relevant matters, investigation and quantum and method of punishment. * The corruption is a serious crime and offence and has become a curse for the Nation and has immensely damaged countrys image worldwide but surprisingly the existing Act provides very light and liberal fines equalling the amount of grafts received and jail term for just minimum six months and maximum 5 years . This is certainly not a strong deterrent. On the contrary many civil laws like companys Act, ESI act, P.F Act and Factories Act etc. prescribe severe and stringent punishments in the form of interest payment, monetary penalties and jail terms even for minor and immaterial violations and lapses. Hence for Acts of corruption; the punishments should be extremely severe, strong and befitting as under to make the law real and effective deterrent: A. The minimum fine should be 3 times the amount of graft/bribe received. B. The minimum jail term should be 2 years and maximum of 6 years depending upon the gravity of crime. C. The convict should stand automatically and permanently dismissed from service and his retirement benefits should stand forfeited and non payable .However if he is acquitted by Supreme Court; then he should be reinstated with full payment of arrear remuneration. D. The convict and his immediate family should be stripped of the right to get govt subsidies, if any. E. The movable and immovable assets of the convict, his /her spouse and minor children found disproportionate to their legal and legitimate income earned minus the reasonable domestic expenses incurred till the conviction and the fines imposed and collected ;should all be liable for attachment / Forfeiture and subsequent Auction with the Auction amount going to the exchequer.

* The acts of bribery are undoubtedly two way traffic and therefore the bribe

giver is an equal culprit and certainly deserves punishment. However, in the Indian context, the systems over the last 65 years have most painfully evolved in such a nasty manner in the govt departments / agencies and the morality of the people have become so low; that virtually no work is possible to be get

Page 36 of 184

done unless bribe or speed money (by whatever name it may be called) is paid barring few exceptions here and there. Examples of such works are: Getting a ration card, voter card, driving licence, registration and getting benefits under welfare schemes and subsidies, birth /death/ marriage certificates, admission in schools, colleges and institutes, allotment of taxi & bus permit , Payment of motor vehicle tax, settlement of Traffic violation cases, trade licence and its renewal, to get records passed by the inspector of shops and establishments, ESI and P.F. Registration, withdrawal of ones own money from Provident Fund, admission / treatment / getting medicines from govt and ESI hospitals , registration under VAT/ CST, payment of taxes, Assessments under income tax, custom duty and excise acts, electric connection, water connection, sewerage connection, consents from pollution department, licence for escalator and lift, boiler licence, licence to serve liquor and play music at privately hosted parties or on social occasions like marriage , marriage anniversaries, birth days etc., licence for storage of LPG, LPG connection (thankfully no more payment for telephone connection), sanction of house construction plan from municipal bodies , registration and mutation of land and property, emergency train ticket denied at the counter but to get the same from touts, payment to T.T for getting a birth against wait listed or unconfirmed train ticket, to get a FIR registered at P.S, getting ticket for contesting political elections; THE LIST IS PAINFULL AND LONG. Hence given the compulsions of the Indian citizens; the punishment for bribe givers should be comparatively light and upon conviction they should better be let off after payment of hefty monetary penalty/fines and subjecting them to jail terms will be inhuman and torturous. Corruption in India cannot be compared with Egg and Chicken theory. In Indian context both the egg and chicken landed up simultaneously in the government departments and agencies and prospered and proliferated gradually thereafter. The web now has become so complex that the menace of corruption cannot be easily demolished and at best it can be reduced with stringent, strong, effective laws with provision for time bound and fast completion of trial and punishment of guilty persons. The other way out is to drastically cut discretionary powers of the public servants / govt departments and agencies and make provisions in the respective laws for deemed (Automatic) grant of licences / permits / consents / clearances / permissions / registrations / utility connections etc ; if respective applications are not approved or disposed off within a set and fixed time frame. At the same time the salaries of public servants should be substantially adequate and fulfilling to reduce their temptation to monetise their discretionary powers.

Page 37 of 184

9. THE FISCAL AND CURRENT ACCOUNT DEFICIT:The fiscal deficit and current account deficit (CAD) have assumed serious proportion. The GDP has already fallen to sub 5% and we have now the real danger of growth rate falling to sub 4% (The Hindu growth rate, a derogatory term coined to mean the rate at which Indian economy grew during the period of Licence Raj and socialist economy up to the year 1991). The tight monetary policy and high interest rate regime most foolishly followed by RBI till 2012 failed to bring down CPI inflation but successfully killed the economic and industrial growth. The recent monetary tightening measures by RBI to prop up the falling rupee has further dampened any hope of economic and industrial rebound any time soon, though the new RBI governor had instantly on 5.9.2013 brought in some welcome changes and measures which improved the general sentiment and propped up the Rupee but in his policy review on20.9.2013 he instead of reducing; increased the repo rate by 25bps to 7.5% again under the pretext of taming the inflation; though he cut the marginal standing facility rate twice by 75bps which will infuse some liquidity in the system and will also marginally lower the cost of banks borrowings under this route from RBI. The CAD for the year ended 31.3.2013 was USD 191 Billion (RS 10, 31,400 Cr) equal to 6.7% of GDP. This is a recurring phenomenon and an extremely serious problem. Unbridled, uncontrolled and duty free gold import at extremely high rigged international prices from 2006 to 2011 ( Net gold import alone amounted to 47.3 billion USD during 2012-13 ) along with rising crude oil import has played havoc with CAD resulting in steep 24% depreciation of rupee in just 4 months from May to August 2013 . The govt has done hara-kiri by allowing the short term temporary and repatriable foreign investments in Indian debts and equities; to be spent on import of gold, white goods, liberal foreign travel and education and non-essential imports. The govts argument that Rupee remained stable at 44 against dollar from 2004 to 2010, weakened to around 54/55 between August2011 to August 2012 due to Euro Zone financial crisis and thereafter went for free fall up to 69 because of US Fed Chairmans statement in may 2013 hinting tapering off quantity Easing-3 (printing of dollars and buying bonds worth 85 billion each month); could be the contributing causes but how does it help solve the basic problem because the valuable dollars have already been foolishly spent on importing gold and other nonessential items. How to fund this huge current account gap? The foreign exchange reserves dipped to 275.49 billion dollars by 6.9.2013, the lowest level in last 3 years. Rise in exports and higher remittances by NRI has limitations though devalued rupee will help it some extent , external commercial borrowings even if available at this juncture are only stop gap measure and can garner maximum 10

Page 38 of 184

to 14 billion dollars and whereas the physical oil , coal , Gas , gold , fertilizer, consumer durables and edible oil import will keep rising in line with increasing domestic demand. International crude oil prices are neither in our hand nor can be predicted due to large scale speculation and manipulation by international cartels, syndicates and monopolist OPEC. The crude prices which had fallen to to around 100 USD are again on the rise. The weakened rupee has increased the under recoveries of oil marketing companies and ultimately people will have to bear this burden through higher prices of oil and gas with additional state VAT. Barter system with Iran for crude import will certainly help and should be increased urgently by disregarding US sanctions on Iran and by asking ONGC videsh ltd to sign natural gas revenue sharing contract with TEHERAN for its Farci gas block; though India has only cereals, tea, medicines and textiles to offer in return. The only permanent solution of CAD is that our exports have to be equal or more than the imports and this requires govt to turn India in to a world manufacturing hub for every possible item on the lines of china (Software export and NRI remittances alone cant rescue us), to curb all non essential imports and to encourage exports by all means. External commercial borrowings or foreign investments in Indian debts and equities or remittances by NRIs can only give temporary respite and suppress the symptoms without treating the disease. Even a small country like Bangladesh which imports all inputs for its industries has surplus CAD?

However, the following measures to mitigate and control the fiscal and current a/c deficits could be looked in to:-

* CONTROL OVER GOVT REVENUE EXPENSES AND CURBING THE MULTIPLE GOVT SPONSORED SCHEMES AND SUBSIDIES: Total control and restriction on wasteful and unnecessary government Revenue expenditures should be put in place. The new finance minister was able to reduce fiscal deficit by 80,000 cr from August 2012 to 31.3.2013; but by mainly squeezing the planned expenditure. It is impossible for the Government to control, manage, monitor or do the Social audit of numerous Centrally sponsored schemes (147 as on date) leading to wide scale leakages in the distribution chain due to rampant corruption and weak delivery system and hence the same need to be reduced and consolidated into fewer effective, essential and productive schemes.

Page 39 of 184

NAREGA scheme needs thorough review as ground realities suggest heavy leakage of funds and there is little creation of constructive, productive and permanent assets in the rural areas.

The unanswered question with respect to NAREGA SCHEME is how it is possible to create permanent productive assets by labour alone with no provision for inputs like Cement, sand, bricks, chips, tools, Bitumen, implements etc ?

* RESTRICTED FRESH RECRUITMENT IN GOVT SERVICES:Blanket ban on fresh recruitment of employees not only by the central government but also by the state governments except for defence /security purposes, Doctors and Teachers. Let the shortage in one dept, if any; be met by transfer of surplus staff from other departments. The central governments staff is already at around 50 lacs (38 lacs pensioners are extra). Many departments are over staffed with little productive work barring few exceptions. DA hike of 8% in April had put an additional burden of Rs 8600 cr but unmindful of it; the govt again hiked D.A by 10 % on 2.9.2013 with an eye on impending general elections yet another blow to govt finances. In fact considering the current awful position of finances; D.A should have been frozen as was done in 1975.

* LIMITATION OF FERTILIZER SUBSIDY AND PUSH FOR HIGHER DO MESTIC PRODUCTION OF FERTILIZERS:Limit and restrict the amount of fertilizer subsidy to only poor and marginal farmers. No subsidy to rich farmers owning 5 acres or more of cultivable land.

* NEW FOOD SECURITY BILL: This scheme was announced by the government in 2009 and slept over it till recently when next general elections drew closer. The govt was in such a hurry that it promulgated an ordinance to this effect. This bill should not have been passed by the parliament in its present form on 26.8.2013 and should have been modified so as to provide subsidised food only to deserving families at 50% of the procurement price.

Page 40 of 184

By providing 5kg of rice or wheat per person per month @ Rs3 and Rs 2 per kg respectively against actual cost of 13/- and 18/-; the government will only encourage people to be more lazy, lethargic and further develop the bad tendency of not to do any work. Moreover this cereal centric policy will be regressive as the latest consumption pattern suggest that outlay on food in rural areas as a % of total consumption outlay has dropped to 12% in 2011-12 from 18% in the year 2004-05, clearly indicating more rural household outlay on nutrient based food such as vegetables, eggs, meats, milk products and fruits. The bill will increase the food subsidy amount from existing Rs.100947 cr to 124747 cr (by only 25%) while the population coverage will increase from 30% to 70%.This is a cleverly crafted scheme as quantity of food of existing beneficiaries under PDS will be cut to half. Hence essentially the new scheme envisages lower quantity of grain to a much larger portion of population. NAREGA scheme has already resulted in shortage of labour; the new scheme will only aggravate the position. Moreover logistics of storage, movement and distribution system of food grain has to be put in place to make this new scheme effective and perform; a gigantic and expensive task by itself? No political party has opposed this bill for fear of losing votes. No one opposes socialism but socialism purely for vested political interests is not acceptable and more over socialism must be within reasonable limits or else we may turn India in to Greek where as a result of debt crisis and resultant forced austerity measures and economic stagnancy; 1/3rd of the population has become unemployed.

*URGENT CREATION OF COLD STORAGES AND GODOWNS IN LARGE NUMBERS FOR STORAGE OF VEGETABLES, FRUITS AND GRAIN: The only way to have proper and permanent food security and to counter and deflate the consistently high food inflation is by increasing farm produce, vegetables, fruits, dairy, poultry, fish and meat production and their storage for use during off season. This requires setting up of thousands of cold storages and cereal storage godowns across the country by providing subsidy of 50% of the construction and equipment cost (no subsidy on land) and nation wise cheap electricity at one single rate. Unless the cold storage business becomes economically profitable and viable; people will not invest in the same . Moreover the cold storage business has to be decontrolled by state govts. A number of potatoes cold storages have become sick and closed down due to steep hike in power cost and refusal by state govts to increase the rental in line with increased running costs. The BHARAT NIRMAN, a blitz launched by govt, will remain only on television sets and newspapers. How Bharat Nirman is possible by only

Page 41 of 184

doling out multiple large scale subsidies in kind or through direct money transfer in bank accounts, virtual free distribution of food to 70% of the population, land compensation equal to whopping 4 times the market value, by import of gold and other non-essential goods. The Real Nirman is possible only by constructing productive permanent assets like; Highways, Roads, ports, Rail lines, wagons and coaches, Bridges, Canals, water tube wells, Dams, Water reservoirs, linking of rivers, ware houses, Cold storages, Industrial zones / Special economic zones, House building, Power, Steel, Cement and Fertilizer plants and Factories of all kinds , Increased farm production and all of which will automatically lead to higher productive employment , higher money in the hands of people and resultant higher consumption and household savings, higher bank credit, higher private sector investments, higher govt revenue through higher tax collections for spending on health, education and infrastructure thereby successfully completing the economic cycle of sustained higher economic growth. The culture of subsidies and doles, waiver of bank loans, creations of new entitlements only help in perpetuating the welfare dependency and ultimately harm the economics of the country and only helps the political establishments . LET EXCEPT FOOD SUBSIDY WHICH SHOULD ALSO INCLUDE SUGAR, PULSES AND EDIBLE OIL TO NEEDY CITIZENS; ALL OTHER SUBSIDIES BE DONE AWAY WITH IN ONE GO.

* Greater Emphasis On Domestic Production Of 0il Seeds To Curb Edible Oil Import:The country unnecessarily spent 11.20 Billion USD (almost 65,000 crores) on import of edible oil (refined, bleached and de-odorised or RBD) during the year 2012-13. The domestic production of oil seeds, the only source for manufacturing edible oil, is almost stagnate around 30 million tons annually, due to neglect of this sector by the governments and increased emphasis only on wheat and Rice with year after year increase in their MSP. The MSP of Wheat and Rice has gone up by 80% and 46% respectively in the last 5 years but no care or incentives to farmers for oil seeds production. The gap of only 5% in import duty on crude edible oil (2.5%) and finished edible oil (7.5%) has further encouraged import of latter forcing domestic edible oil refineries to operate at half the installed capacity and many have downed the shutters. Malaysia and Indonesia has an inverse export duty structure of 3% on domestically refined oil and 9% on crude oil to encourage export of its domestic refined oil and hence our govt must impose higher import duty on both processed edible oil and crude coil to

Page 42 of 184

encourage domestic production and to incentivise the farmers to produce more oil seeds.

* CURB IMPORT OF STEEL MELTING SCRAP The country imported Steel Melting Scrap of 8.7 million tons for Rs 22,000 cr during the year 2012-13 most unnecessarily at the cost of its direct substitute, the sponge iron. India was the largest producer of Sponge Iron in the world but now most of the sponge iron plants in the country are lying closed or operating at very low capacity due to closure of existing Iron ore mines, no development of new Iron ore mines , unprecedented steep hike in the price of iron ore and also of coal by Coal India Limited making the Sponge Iron plants economically unviable. The problems of the Sponge iron industries need to be addressed most urgently so that the import of melting scrap could be curbed. The govt should fix up the prices of iron ore on a rational basis. The looting and plundering of consuming industry by iron ore miners must end .The coal India must bring down coal prices, as CIL has arbitrarily and most irrationally increased the coal prices by 50% in last 4 year. The tragedy is that while Indian secondary steel manufacturing units remained fully or partially closed; the country imported 7.87 million tons of finished steel during 2o12-13. The government should also increase the import duty on steel scrap from 2.5% to at least 10%. These measures can save the country a big amount of valuable foreign exchange.

* TAX ON AGRICULTURE INCOME: Impose income tax on rich farmers owning 5 acres or more of cultivable agriculture land. A good chunk of farmers in Punjab, Haryana, western UP and many other states are more prosperous than say an income tax payee employed in Delhi or Mumbai. There is no logic in not taxing the rich farmers as they enjoy host of subsidies and privileges besides annual increase in the wheat, rice and sugar cane procurement prices by government making them dearer and adding to the woes of lower middle, middle and salaried class. The sharp and heavy increase in land prices in the past decade has already added immense value to the wealth of land owning farmers and hence rich farmers must be brought under income tax net by effecting necessary changes in the constitution. Strong political willpower is required to tax agriculture income; once introduced it will be accepted after initial protests which are natu-

Page 43 of 184

ral. There is virtually no tax exemption for agriculture income in advanced and developed countries including USA. The total number of individual income tax payers in India as on 31.3.2012 was only 324 lacs meaning only 2.7% of the total population pays income tax against 46% in USA .

* WITHHOLDING TAX ON INTEREST INCOME:Impose 10% withholding tax ( Final Tax with no further tax or formalities ) on interest income on bank FDS, NSC, PF, KVP, TAX FREE BONDS and other similar savings instruments of individuals. In one stroke; the majority of nonincome tax payers particularly in rural India will come under the tax net. Exempt senior citizens; others will hardly mind but the Government revenue will go up and a much wider section of society will start contributing at least some direct taxes.

* HIGHER INCOME TAX ON SUPER RICH INDIVIDUALS AND CORPORATES Tax the super rich individuals; those earning 50 lacs or more a year should pay higher taxes. Corporate should be taxed @ up to 40% as per graduating slabs, instead of current 30% as is the practice in USA. Much lower rates (slab wise) than the current flat rate of 30% may be considered for smaller companies for better compliance and to discourage circumvention of taxes.

* VOLUNTARY DISCLOSURE SCHEME (VDS): Introduce once again and for the last time; a Voluntary disclosure scheme for tax evaders. It will bring revenue to the government and will also channelize black money in to the financial system easing the cash crunch in the banking system. Strictest penalties should follow on those not availing this last opportunity.

*ONE TIME AMNESTY SCHEME FOR MONEY STACKED IN FORIEGN TAX HEAVENS:How so much we may shout from the rooftop; the fact is that billions of dollars hoarded in foreign tax havens by Indians will not get back to India unless the government announces a onetime amnesty scheme with assurances to the dodgers that their names will be kept strictly confidential and they will not be questioned or prosecuted provided they pay tax @ 35% on money brought

Page 44 of 184

back into India, although a good chunk of this illicit money via Mauritius PNFII route may have already found its way in to the Indian stock market . The scheme should be with a tuff condition that those who do not take advantage of this once in life time opportunity, but are later caught , will face life imprisonment and all their Indian properties, movable or immovable , including those of spouse and minor children will also stand confiscated and divested with the government.

* CONTROL OVER GOLD IMPORT:Import of gold in vast quantity in one way was reconverting India in to SONEY KI CHIRIYA (golden bird) as it used to be called in olden times and there is no more threat of its plundering by foreign invaders like the kinds of Ahmad shah Abdalis but the irony is that gold is an idle and non-productive asset and has mainly become a tool of storage of wealth particularly of black money. The gold import for the year 2012-13 alone stood at hefty 53.8 billion USD (Rs 2,95,900 cr).Official Gold import has come down during September 2013 due to like 10% import duty and 15% duty on finished gold jewellery,compulsory20% export by jewellery manufacturers before fresh gold import is permitted, weakened Rupee etc but appetite for gold remains intact though slightly subdued. But smuggled gold funded through Hawala route has gone up. Since unofficial export of goods from India is nearly impossible the Hawala operators get dollars funding by NRIs and under billed exports. Apart from organised gangs; Indian tourists also bring in lot of gold without paying import duty.

THE INFLATION INDEXED BONDS: Introduction of 10 year inflation indexed bonds is a step in the right direction but the same should be linked with the mean of CPI inflation (10%) and WPI inflation (sub 5%) to encourage people to invest in the same instead of gold. The new RBI governor has righty gone one step ahead by linking these bonds with CPI inflation and now hopefully people will get incentive to invest in them rather in gold to protect them against inflation.

SWARNA PATRAS (GOLD BONDS):The government, besides this, may also consider issue of Swarna Patras with investors getting a rebate of up to Rs 25000/- in taxable incomes to discourage gold buying.

Page 45 of 184

LIMITING GOLG HOLDING PER INDIVIDUAL AND STRICT COMPLIANCE OF KYC NORMS FOR GOLD BUYERS: The gold holding of one individual could be limited to say max. 3 kg and the surplus will have to be sold to banks or gold merchants with severe penalty for violators but it is extremely difficult to enforce it in a vast country like India. The other way could be to impose gold purchase tax @ 10%; but it will encourage further smuggling. To curb black money getting invested in gold; strict KYC norms should be imposed for compliance by jewellery shops and payment of any purchase above Rs 10000/- should only be allowed through banking channels with Xerox copy of PAN card to curb black money investment in gold . Hindu religious shrines should be persuaded to exchange their enormous and idle gold holding with gold bonds or inflation indexed bonds. If they agree it will release tons of gold in the domestic market easing the supply pressure. The best option, though, is to completely ban import of gold say for a temporary period of two years or till the CAD becomes comfortable except for gold jewellery exporting companies.

* FORIEGN DIVIDEND & INTEREST INCOME: Exempt from tax the dividend and interest income earned by the Indian companies from their investment in wholly owned overseas subsidiary companies. At present these companies are reluctant in bringing back their foreign earnings to prevent double taxation. This will improve our foreign exchange reserves and reduce the CAD.

* CONTROL OVER IMPORT OF WHITE GOODS:India is losing huge foreign exchange on import of consumer durables and white goods viz. Air Conditioners, TV sets, LCD, Domestic Appliances, computers, laptops, mobile handsets etc. (The import of only mobile sets and features phones during 2011-2012 amounted to whopping 427.64 million pieces and imported value of white and electronic goods was 31 billion USD or app Rs. 1,70,000 cr). It is most desirable that import duty on all these items should be at least doubled up to restrict their import and encourage domestic production of the same and if not possible due to international pacts or WTO compulsions; then impose Anti-Dumping duties. The government should request, direct and force the big Indian industrialists, as they cannot shirk National duty; to set up large manufacturing bases of these consumer durables in all parts of the country along with setting up of ancil-

Page 46 of 184

lary industries to feed them parts and components by providing land, bank loans and subsidies. Government may provide vat exemptions to local companies for initial 2/3 years to make them competitive and get well established and to effectively compete with imported goods. The manufacturing of semi conductors (The chip/fab which is the brain of all electronic goods) domestically by multiple players should be given top most priority to reduce dependence on import of electronic goods. This will serve dual purpose of creation of vast employment opportunities and savings of valuable foreign exchange. The foreign companies dumping white goods in India should also be forced to set up manufacturing bases in India with use of 100% indigenous components over a period of 3/4 years.

Let the country become a hub for manufacturing these items not only for domestic use but also for export. Let India be not the BIG BAZAR for foreign companies to dump their materials; on the contrary let the world become a BAZAR for Indian manufactured white goods and other products. If Japan, Korea, Singapore and Taiwan can become manufacturing hubs for these items without even having the requisite raw materials for the same; why India with domestic availability of inputs cant do it? Let the govt kick start a white goods revolution in the country and make sure it is completed in 5 years. Instead of producing these hi-tech imported items on large scale and fight with these foreign manufacturers head on; the biggest Indian company Reliance Industries with enough cash resources has resorted to a most unskilled business of retailing groceries, food grain, vegetables and fruits .What kind of Nation building exercise is this?

* NO FURTHER LOAN WAIVER SCHEMES AND PREPOLL POPULIST SCHEMES: Because such schemes are mainly politically motivated but inculcate the bad and unethical habit of not repaying bank loans and putting great stress on government finances / PSU Banks and also no more pre poll populists schemes or announcements . Enough is enough. Let us not push the country towards bankruptcy. The rating agencies have already threatened to downgrade India to junk status. * FOREGN DIRECT INVESTMENT:All sectors in India including defence production except banking should be thrown open for investment by foreign companies under automatic approval

Page 47 of 184

route with the rider that they have to operate by floating a subsidiary company in India ( even foreign banks in India should be forced to adopt this route ) and the said company must list on Indian bourses within a maximum period of 3/4 years by diluting at least 25% of their equity to Indian individuals and domestic mutual funds and till such time they will be restricted in repatriation of profits earned. Such foreign investors should be provided all clearances, consents / registrations/ help under a single window authority (let the foreign investment promotion board take up this responsibility) within the shortest possible time. The second rider should be that at least 90% of their staff should be Indians and they should indigenise their products within 4/5 years.

* COMPULSORY LISTING AND EQUITY DILUTION BY WELL ESTABLISHED AND NEAR MONOPOLIST FOREIGN COMPANIES:The existing foreign companies , now well established in India , but enjoying near monopoly due to their better quality of goods and services and strong Brand image and hence making huge profits namely HSBC bank , CITI Group , Standard Chartered Bank ,RBS , JPMorgan , Microsoft , IBM, Cognizant, Kodak, DuPont , Amway, Kellogg India , PepsiCo , Coca Cola , Mc Donalds , Pizza hut , Cadbury, Sony, LG, Samsung , Hitachi , Panasonic , Mitsubishi corporation , Sumitomo, Hyundai , General Motors ,Ford Motors, Chevrolet, Vodafone , Nokia etc must now compulsorily list their shares on Indian Stock Exchanges by diluting 25% of their capital to Indians and Indian mutual Funds . Most of these companies are supplying consumer items, food and beverages and earning from Indian consumers and they should at least share 25% of their profits with Indians by equity dilution.

* RELAXING EXTERNAL COMMERCIAL BORROWINGS AND FOREIGN INVESTMENT IN Indian DEBT SECURITIES / BONDS:The procedures and existing ceilings on external commercial borrowings by Indian private sector and PSU banks should be further relaxed so that their existing expensive domestic loans could be replaced with cheaper foreign loans but with a rider that the repayment period should not be less than 7 to 10 years. The ceiling on investments by foreign investors in Indian debt securities ( for govt securities it is pegged at USD 30 Billion and for corporate bonds at 51 billion ) should be totally removed as Indian govt securities, safe and secured, offer the foreign investors with best possible returns. Let the shallow Indian bond market expand so that it becomes a part of the Emerging market bond index to attract more inflows. At present foreign investment in Indian govt securities is only 1.6% but has the potential to increase with proper and suitable incentives.

Page 48 of 184

* INCREASE THE INTEREST ON NRIS FIXED DEPOSITS IN INDIA:The NRIS used to get a lower interest rate on their Indian fixed deposit which acted as a road block to attract them to remit higher amounts. Ideally this rate should be at par with domestic interest rates but with a rider that the tenor of fixed deposits should be for a minimum of 3 years. RBI, by the way, has already relaxed and decontrolled the NRI interest rate on 14.8.2013. The new RBI governor has made it more liberal and attractive .The total NRI deposits as on 30.6.2013 stood at 142.16 billion USD. More inflows are expected but such inflows have limitations. * RESTRICTION ON FOREIGN VISIT AND FOREIGN EDUCATION:The individuals should be restricted on foreign leisure trips with not more than one foreign visit in two years. Businessmen should be exempted. The uncontrolled foreign leisure trips by Indians have taken a good toll on the valuable foreign exchange. The govt will do well to impose a foreign travel tax of say Rs 15000/- per tour per person till the situation improves. The standard of education in India has improved considerably in the last 15 years and hence govt should discourage Indians from studying in foreign universities particularly in USA, UK and Australia though due to devalued Rupee it will automatically fall quite drastically. Meanwhile the govt must liberally allow and encourage highly reputed and top 200 foreign universities to set up permanent campus / educational facilities in India to discourage students to go abroad. THE PRESENT RULE PERMITTING INDIAN INDIVIDUALS TO INVEST UP TO TWO LACS DOLLARS PER YEAR IN FOREIGN COUNTRIES (reduced to 75000 USD BY RBI ON 14.8.2013) SHOULD BE IMMEDIATELY SUSPENDED TILL THE CAD POSITION IMPROVES. HOWEVER Indian CORPORATE INVESTMENT IN OVERSESAS VENTURES SHOULD CONTINUE UP TO 400% OF NET WORTH THROUGH AUTOMATIC ROUTE AND UNLIMITED IF INVESTMENTS ARE IN COAL, OIL AND GAS SECTOR.

*A SEPARATE MINISTRY OF OVERSEAS INDIANS to encourage help and solve the passport, visa and other related problems of Indians wishing to go abroad for employment and earnings should be created as their remittances will get us non-repatriable foreign currency inflows.

10. FUEL AND ENERGY SAVINGS AND FUEL SAFETY

Page 49 of 184

The largest single factor for increasing CAD and TRADE DEFICIT is on account of heavy import of oil, gas and coal:The crude oil and gas import for the year 2012-13 was whopping 169.3 billion USD (Rs 9, 31,150 cr) compared to a 155 billion in the preceding year and this import will continue to rise year after year due to increasing population of vehicles. Soft persuasive measures to curb its consumption will not work and upward revision of prices has limitations and also social and political ramifications. The government may consider the following harsh options till the crisis persist:-

* EXCISE DUTY ON AUTOMOBILES AND CYCLES:Double the excise duty on passenger cars except buses and taxis and halve the excise duty on fuel efficient motor bikes and exempt cycles from all taxes and duties. The state governments should also be advised to lower VAT on motor cycles and cycles. The increased excise duty on passenger cars should be offered as incentive to car manufacturers for greater exports.

* RESTRICTION ON PLYING OF MOTOR CARS:The Government may Pass an order that motor cars with even and odd numbers will ply only on alternative days , with the exceptions of taxis , school and public buses , doctors cars and ambulances . Indians by nature are endowed with patience, cooperation and flexibility and will soon mould themselves to these new restrictions in the national interest leading to reduced consumption of fuel. This measure will also ease traffic in metros and cities. * ENCOURAGEMENT OF ELECTRIC CARS:Heavily subsidise the electric cars to encourage their production and increased use. Imported batteries made of lithium-ion fuelling the electric cars are very expensive and should be made duty free and Indian battery manufacturers should be encouraged to produce the same within the country by absorbing/buying the technology from Abroad and should be provided with a good dose of incentives . * COMPULSORY ETHANOL BLENDING WITH PETROL: THE ETHANOL , A BY- PRODUCT OF SUGAR MILLS MUST BE ENCOURAGED FOR BLENDING WITH PETROL BY FORCING OIL COMPANIES TO COMPULSORILY LIFT THE ENTIRE PRODUCTION FROM SUGAR MILLS TO SAVE FUEL AND FOREGN EXCHANGE .

Page 50 of 184

* COMPULSORY CLOSURE OF SHOPS, ESTABLISHMENTS AND BANKS BY 5.30 P.M. Government may consider passing an order that all shops, all commercial establishments of all kinds, offices both private sector and govt including banks across the country should compulsory close sharp by 5.30 p.m. This measure will substantially reduce power deficit during peak period of 5.30 pm to 10pm. These entities can open at 8 AM or 9 AM in the morning and 8 hours are more than sufficient for people to make their shopping and banking and there will hardly be any loss of business. This measure may continue till the energy position becomes comfortable .The electricity saved during peak hours should be diverted to industries. The current peak power shortage in the country till recently was 9000mw (a deficit of 6.9%) without taking in to a/c the forced planned power cuts to industries but it has now eased due to economic slowdown and closure of many power intensive industries. Still this measure will allow industries to run during peak load hours without power cuts and will also spare residences from load shedding and thus huge savings in fuel on running DG Sets. The medical shops, clubs, restaurants and food stalls should be exempt from this restriction.

* FIVE DAYS WORKING A WEEK:To further save fuel and power; let there be 5 days working in a week with two days off by increasing the daily working hours from 8 to 9 .This rule already applicable to privileged government employees (except police, medical and fire services) should also be made applicable to all private entities , all educational institutions, cinema halls, restaurants and clubs. This move can on an average save 15% fuel and energy. Let the power deficient factories work full time on these two days without power cuts to boost production and cut inflation besides savings on oil consumption. The ongoing work of connecting the south India Electric grid with north India grid should be accorded top priority to facilitate transmission of power from power surplus states to south India states.

* CONCESSIONAL POWER DURING OFF PEAK HOURS DURING NIGHT:Provide power to factories at 50% concession during off peak hours of 10pm to 8AM so that surplus power during the night is fully utilized particularly by bulk consumers like steel- mills , Aluminium and copper smelters , textile mills and cement plants who are suffering due to regular power cuts particularly in South India , Punjab, Haryana , Bihar and U.P .

Page 51 of 184

THOUGH HIGH AND EVER INCREASING COST HAS ALREADY ALARMED THE CITZENS BUT STILL THEY SHOULD TRY TO SAVE AND CONSERVE AS MUCH FUEL AS THEY CAN BY BETTER UPKEEP OF VEHICLES, SWITCHING OFF ENGINES AT TRAFFIC LIGHTS, MORE USE OF CARPOOLS PARTICULARLY FOR SCHOOL CHIDREN, AVOIDING UNNECCESSARY DRIVING, INCREASED USE OF PUBLIC TRANSPORT, RESTRICTING SHOPPING TO ONE DAY IN A WEEK OR MONTH BY BULK PURCHASE IN ONE GO, TO THE EXTENT POSSIBLE, BY PREMAKING A LIST OF ITEMS TO BE BOUGHT ETC.

* ENCOURAGEMENT FOR INCREASED GAS AND OIL PRODUCTION:The government should immediately remove regulatory hurdles, if any, and give encouragement to Cairns India ltd and Reliance Industries to boost their production of crude oil and gas on war footing in Rajasthan and in Krishna Godavari basin which will benefit the country with lower dependence on oil and gas imports. The recent price increase of natural gas of Reliance Industry will give boost to domestic production of gas and increase fresh investment in this sector. Perhaps there is no harm in fixing gas price at 8 dollars per BTU instead of 4 BTU because firstly this price is much lower than the imported gas and secondly the money will remain in India. It is quite likely that Reliance has intentionally brought down gas production due to lower prices of 4 dollars per BTU.

* DEPLOYMENT OF SURPLUS CASH OF COAL INDIA, ONGC AND OIL INDIA: The COAL India LTD, ONGC and OIL INDIA are sitting on cash surplus. They should be directed to immediately deploy this cash on fresh exploration, ramping up their production and for investment in overseas assets to reduce countrys dependence on expensive oil and coal import.

11 (A) COAL SHORTAGES DUE TO INEFFICIENT AND MONOPOLIST COAL India LTD. The country is facing huge shortage of coal resulting in closure or under utilization of power, steel, sponge iron and cement plants and forc-

Page 52 of 184

ing import of huge quantity of coal. The problem will not ease unless the domestic production of coal increases by concerted efforts of govt and private sector coal companies. Due to heavy Indian import; the Indonesian govt lost no time in increasing the price of their coal benchmarking the same to international prices and made it expensive for Indian industries. The remedial measures could be as under:-

* RESTRUCTURING OF HIGHLY MONOPOLIST AND INEFFICIENT COAL INDIA LTD (CIL) Coal is a national property and belongs to all Indians and CIL was formed upon nationalisation of coal mines with the noble purpose of increasing countrys coal production, to provide better amenities and safety to coal miners and to provide coal to Indian industrial consumers at a reasonable price. It has by and large failed in its objectives except increasing salaries and benefits of its employees year after year and at a hefty pace under unions pressure. Its coal production for the last 5 years is almost static; resulting in coal shortage for Indian industrial consumers and thermal power plants. CIL has become an absolute monopolist organisation, with no responsibility or accountability and with scant care for its consumers and is riddled with red tapes and inefficiency and as on 30.9.2012 it had a mammoth unutilised funds of Rs 64688 crores, extracted from Indian Industries by regular and arbitrary increase of coal prices under the most irrational excuse of higher landed cost of imported coal. Why CIL should fix its prices linked with imported cost? If international prices of wheat and rice go up say by 20 %; will govt permit FCI to increase local prices accordingly? Govt is keen on food security but is lukewarm on coal security. To add salt to injury, CIL has invented the system of E-Auction of coal in huge quantities (49 million tons annually) at frequent intervals by starving its FSA consumers; to realise still higher prices as if it is only a profit motive organisation with no responsibility towards the Nation. In fact the data clearly points out that CIL has become a money minting machine. Coal shortage is the reason, why in our power starved nation, a number of power plants are lying closed or operating at under capacity. We may look at the dismal performance of coal India ltd as under:YEAR Increase in Thermal Power Generation (MW) 6665 9725 19080 Coal Production (Million Tons) 431 431 436

2009-2010 2010-2011 2011-2012

Page 53 of 184

2012-2013

20120

452

It is clear that while coal based power generation capacity increased by leaps and bounds in the last 4 years due to heavy investment by private sector and NTPC; CILs coal output remained near static due to inefficiency and mismanagement. Most power plants were set up closer to mine heads in the hope of getting coal from CIL and now they are lying idle or underutilized as they cannot afford imported coal due to high ocean freight, unloading, reloading, port charges, heavy surface transport cost and unloading expenses up to plant site. Shockingly while coal production remained near stagnant; CIL s employee expenses doubled from Rs 12635 cr. in the year 2007-08 to Rs 25254 cr. During 2011-12 (thanks partly to inflation and mainly to strong unions). It is most desirable that a good part of salaries and bonuses should be linked with the productivity to encourage high production. Cil has increased coal prices by 40% in just last 4 years (Increase in higher grades of Coal was 140 %, unimaginable but true) an act of virtual extortion of Indian coal consuming industries. No doubt CILs profit after tax has jumped to 17356 cr in 2012-13 against a mere 2078 cr in 2008-09 (by 735 %) while coal production during this period has only marginally gone up from 431 million tons to 452 million tons (5 %). SHOCKINGLY CIL HAS GIVEN ANOTHER BODY BLOW TO INDIAN INDUSTRIES BY A FURTHER COAL PRICE HIKE OF 10% ON 28.5.2013. NO LIMIT OF GREED?

REMEDIES: * CILS SUBSIDIARIES SHOULD BE MADE INDEPENDENT AND DECOUPLED FROM IT:All Seven coal producing subsidiary companies of coal India ltd should be made absolutely independent in their ownership and operations and should be freed from the clutches of CIL. After unbundling of CIL as above; now let there be healthy competition between these self contained independent subsidiaries on the lines of IOC, BPCL AND HPCL. This step will increase their efficiency and productivity and they will be able to operate freely with quick decisions. At present they are under the control of CIL for anything and everything and the process of decision making is extremely slow and complex. All subsidiaries

Page 54 of 184

should be listed on stock exchanges and the present shareholders of CIL be allotted shares of these subsidiary companies proportionately based on proper valuation of their assets and with provision of exit route to unwilling shareholders . The Childrens investment Fund of UK holding less than 1.00 % of CIL shares cannot be allowed to dictate terms. These seven coal producing companies can jointly promote a separate Company exclusively to carry out the bulk and economical procurement of mining equipments on their behalf by proper negotiations with the suppliers. Similarly, these companies can jointly form a committee to interact with railway authorities for placement of rail rakes for smooth movement of coal. * COAL INDIA LTD SHOULD BECOME AN INDEPENDENT COAL PRODUCING AND MARKETING COMPANY:After decoupling of subsidiary companies from CIL; the CIL itself should become an independent coal producing and marketing company and all its energy, might and its huge cash reserves should be utilized on war footing to develop new coal mines in the country; even if it necessitates bulk import of mining equipments and experts. Its surplus funds should be used in acquisition of coal mines abroad particularly in Africa to provide energy safety to the nation.

* POOR QUALITY OF COAL AND NO REDRESSAL MECHANISM:Most customers of CIL are not satisfied with it coal quality. No proper, fair and mutually acceptable arrangement for quality testing of coal by independent testing agencies exists. As a result the customers are forced to accept and pay whatever CIL is despatching even if it is stones or mud instead of coal. The recent tussle on quality issue between NTPC and CIL amply proved this point. This unfair act amounting to virtual looting must be stopped by CIL and it must charge strictly as per actual quality of coal supplied. The number of grades of coal has been arbitrarily increased on the basis of GCV without any rational; in fact this has been one more way to extort consumers. These regular quality related complaints, however, will get automatically solved once subsidiary companies become independent in their operations with healthy competition between them and also with coal India ltd.

Page 55 of 184

* COAL BLOCK ALLOTEES SHOULD SPEED UP COAL PRODUCTION OR ELSE THEIR COAL BLOCKS SHOULD BE CANCELLED AND REALLOTED TO OTHERS VIA AUCTION ROUTE:Private companies should be forced to speed up development of allotted coal blocks and the condition that they cannot sell surplus coal to outside consumers should be diluted to increase its supply leading to healthy competition with government coal companies. This step will immensely benefit the Indian power sector and industrial consumers. Those private companies which fail to mine coal within a limited fixed time span should be stripped off their coal blocks and such de-allocated coal blocks should be reallocated to new parties through auction process with floor price fixed realistically and reasonably. Banks should be advised to lend money to private coal companies to speed up coal production.

* Government owned coal companies should provide coal only to consumers and not a kg should be given to traders for profiteering directly or through EAUCTION.

* AUTHORITY FOR DECIDING COAL PRICES Coal prices should be decided, from time to time with a holistic approach , by an independent multi-member MINERALS COMMISSION and not by the recently appointed COAL REGULATOR who has only advisory powers with no authority and is just a dummy post because the powers of fixing coal prices have remained with CIL and ministry of coal . The price of grade-B coal including taxes was Rs 2140/- per ton as on 26.2.2011 and overnight it was increased to 4920 /- effective from 27.2.2011; unbelievable but true?

* COAL MAFIA AND GOONDA TAX: Coal mafia and organised gangs are rampant in almost all coal mines particularly those in eastern India. They not only pilfer coal in an organised manner but also forcibly extort goonda tax (commonly called- GT) from consumers. This crime has been continuing since decades and is known to everybody. The government and administration can demolish this illegal racket if there is strong determination and will; as no one is big enough to take on with the might of the government and administration. * ALLOW DUTY FREE COAL IMPORT:Till the position of coal improves in the country; duty free unrestricted coal import should be allowed to industrial coal consumers and the current 5% duty should be abolished.

Page 56 of 184

11 (B) THE IRON ORE MINING (MONEY, MISMANAGEMENT AND MESS) AND OPTION OF its NATIONALISATION: Till few years back, handful in the country knew about iron ore , its utility and value as till 1999 India just had less than 10 sponge iron plants who could process it for direct melting in electric furnaces to produce steel . The bigger primary steel producers TISCO, SAIL and JINDAL STELL had their own captive iron ore mines and till date continue to enjoy them and thus are able to produce at a much lesser cost and earn profits. . Then came the period of high industrial and economic growth and resultant increased domestic steel consumption leading to aggressive growth in sponge iron industry and very quickly their number proliferated in to hundreds till 2008 ( around 445 units with total installed capacity of 42 million tons per annum ) when global economic catastrophe put a near full stop .

During these 8 years, demand for iron ore rose by leaps and bounds and with no development of new mines due to most complex, multi layer and highly time consuming procedures of grant of mining leases; the existing mine owners made the best of resultant shortage and jacked up the prices from Rs 500/- per ton to over Rs 7000/- per ton and amassed unimaginable wealth within a short period. The loot and greed did not stop here as many of them resorted to illegal mining by encroaching upon the adjoining land be private, govt or forest to dig as much as possible and make fast bucks. The local state mining departments were either corrupt or inefficient or grossly understaffed and ill equipped to curb or stop this massive loot of national wealth. Finally when all limits were crossed and scandal became too obvious; the honourable Supreme Court had to intervene and ordered closure of mines .Result, as on date most sponge plants are lying closed or operating at a low capacity due to non availability of iron ore or uneconomic operations owing to its steep unaffordable prices. Several closed mines have now beginning to reopen after court / govt prescribed compliances but there is acute shortage of iron ore and looting spree of running mines continue with sky high iron ore prices and steel industry continues to suffer heavily and bleeding to death as there is no regulatory govt agency to control prices and make it available to industry at fair / reasonable rates.

What are the solutions?

Page 57 of 184

A. The govt should request the honourable Supreme Court to expedite reopening of closed mines by directing the mine owners and govt agencies to hasten the process of compliances and associated formalities. B . The country is lucky (unlike China) to have huge untapped reserves of high grade iron ore and need to be urgently mined for the survival of steel and sponge iron industry but unfortunately the same cannot be harnessed as some of it falls under forests but majorly due to highly complex unending procedures / rules / norms / formalities at multilevel to get a mining concession .The stringent and extremely time consuming forest, environmental and green regulations are equally to blame. Hence the procedures of issue of new mining leases urgently needs to be drastically curtailed with a fixed time frame subject to necessary but minimum of compliances particularly through a mechanism of SINGLE WINDOW AGENCY to expeditiously grant mining leases to actual user industries on bidding basis so that new mines can come up as fast as possible . C. The govt may appoint an iron ore regulatory authority to act as a nodal agency not only for issue of new mining licences but also to fix up the maximum prices of iron ore on reasonable and rational basis taking due care of the interest of consuming steel and sponge iron industry and to fix monthly quota based on installed capacity.

The maximum Price Of Iron Ore per metric ton as on date should be as under as against the ruling price of Rs 6000/- per ton :(Rupees) (Per MT) a. Cost of excavation and mining including all Expenses (maximum) b. Add 100% profit margin c. Add super profit margin d. Add 10% ad-valorem royalty The maximum price per ton should be 750 750 500 200 2200 ____

D. OPTION OF NATIONALISING THE IRON ORE MINES: The govt may also seriously weigh the option of nationalising all iron ore mines including those of TISCO and SAIL and handing over the same to multiple independent companies so that they can have healthy competition amongst themselves , do not become monopolists and can operate efficiently with high

Page 58 of 184

productivity and full accountability and can sell iron ore to consuming industries at fair and affordable rates .

12. SIMPLIFICATION AND CONSOLIDATION OF TAX LAWS AND PRODUCTIVE UTILIZATION OF TAX REVENUE:-

The tax payers are already paying high taxes but what pinches and harasses them are multiple and numerous kinds of taxes, duties, levies, cess etc making compliances and payments difficult and cumbersome resulting in huge wastage of time and manpower. The tax payers second major grievance is that a big portion of his tax payment goes waste in payment of salaries of govt staff , interest on loans taken by governments, gets plundered in the distribution chain of numerous uncontrolled govt schemes and subsidies or on wasteful revenue expenses and is not productively utilized towards creating permanent productive national assets.

The central govt revenue and expenses for 2012-13 were as under; 1. Total revenue collections 2. Out of which tax collections were 3. Planned (productive) expenditure only 4. Non plan (non productive) expenditure 5. Fiscal deficit (4.9% of GDP of 1,00,20,620 cr ) 9, 19,000 cr 7, 41,000 cr 4, 14,000 cr 9, 95,000 cr 4,90,000 cr

Thus a whopping sum of Rs 9, 95,000 cr (more than double the planned expenditure) was spent on unproductive purposes.

However following tax reforms are suggested:-

Page 59 of 184

* EXCISE DUTY ACTS: The present various excise duty laws have undergone multiple changes, amendments and complemented with endless circulars and notifications; have become absolutely complex and cumbersome and sometimes beyond the understanding of professionals and excise officials . The state excise duty on alcohol and liquor, a British legacy should be done away with and the authority for collecting and distributing the excise on it should vest with central govt .The following different Acts in connection with excise duty should be repealed and consolidated in to one single Act called - Indian EXCISE DUTY AND TARRIF ACT A. B. C. D. E. F. G. H. I. Excise ( Spirits) Act,1863 Excise (Malt Liquors) Act, 1890 Central Excise Act, 1944 Additional Duties of Excise ( Goods of special importance) Act, 1957 Additional Duties of Excise (Textiles and textile articles) Act, 1978 Central Excises and Salt Act, 1985 Central Excise Tariff Act,1985 Union duties of excise(distribution) act 1979 Union duties of excise(electricity distribution) act 1980

* CUSTOMS DUTY: The existing laws viz. Customs act 1962 , Custom tariff act 1962 and valuation rules 1988 have become old and undergone multiple changes and amendments since their inception and they should be modernised and consolidated in to one single law called Indian customs and Tariff Act with simplicity and based on court judgements to avoid any ambiguities . The basic duty structure should be finalised and made permanent for 5 years at a time and not subjected to change every now and then. Only additional custom duty / CVD (equal to Indian excise duty on the same product), Special custom duty/ SAD (Equal to Indian vat on the same) , and anti dumping or safeguard duties should be amenable to change as per requirements and circumstances. The education cess presently charged separately should either be abolished or merged in to the basic duty .The rules, procedures, paper work and formalities should be suitably reduced and simplified to save the time of both importers and customs department.

* GOODS & SERVICE TAX (GST):-

Page 60 of 184

The implementation of GST with constitutional amendments should be the top agenda of the government but its proposed models has following drawbacks:i. GST will have two parts one CGST to be levied by centre and the other SGST to be levied by states and will apply to same common base of goods and services classified in 4 baskets with first for exempt items, 2nd at a nominal rate of 2% for precious metals etc, 3rd concessional rate and 4th standard rate as per existing structure. ii. This status quo will disentitle the input credit to exempt categories, industrial and commercial constructions, real estate and infrastructure sector . iii. The alcohol and liquor sector has been kept outside GST without any proper reason or rational and will continue to suffer the cascading (denial of input credits) and this sector will continue to suffer with mountains of formalities, restrictions and licences for payment of state excise duty and corruption associated with it. iv. The petroleum has been initially kept outside the GST regime again the cascading. Why? v. CST will reappear in the new form of CGST either at 2 or 4% .So no relief from hassles, formalities, paper work, filing returns etc associated with this paltry 2% tax. vi. The impact of service tax (Already high and covering most services) will further go up as both centre and state will be entitled to charge. vii. The overall burden of excise duty, CST and VAT will remain same or will perhaps go up to average around 23% due to added burden of service tax both by centre and states. viii. The excise duty now invisible for the end consumers will pinch them as they will be paying directly both CGST and SGST. The proposed model of GST will, therefore, not be purposeful or failing in its objectives of a major tax reform unless the tax base is widened and rates are lowered and petroleum and alcohol are compulsorily included in its ambit and CST is abolished completely and all other taxes such as state excise duty and vat on alcohol & spirits, Octroi, entry tax, cess on minerals, profession tax and electricity duty are completely subsumed in GST. LET MULTIPLE TAXES BE ABOLISHED AND CONSOLIDTED IN TO ONE SINGLE AND EFFECTIVE TAXGST. THE OVERALL TAX BURDEN WILL GO UP BUT ATLEAST PEOPLE AND BUSINESSMEN WILL HAVE TO DEAL WITH ONLY ONE TAX, GIVING THEM GREAT RELIEF, PEACE OF MIND , LESSER FORMALITIES AND SAVING OF VALUABLE TIME IN COMPLYING AND PAYMENT OF MULTIPLE TAXES .

Page 61 of 184

* THE Indian INCOME TAX ACT 1961: This highly complicated legislation due to endless changes, modifications, deletions, additions, complex drafting and language, overlapping with numerous Circulars and Notifications; which had made it difficult to comprehend and understand; is proposed to be replaced with NEW DIRECT TAX CODE; which is a step in the right direction and was long overdue. However after going through the draft text of DTC; It was found a bit disappointing with regard to its current form, Design and structure based on following observations and hence the text may be relooked before being passed and adopted. 1. It is quite lengthy and voluminous comprising of 20 chapters, 319 sections, with as many as over 1290 sub sections, multiple and almost uncountable clauses and sub-clauses and with 22 Schedules (Schedules alone run in to 70 odd pages)

2. It can serve its purpose of simplification and consolidation of direct taxes based on which it was introduced in parliament on 20.08.2010 by the then Finance Minister if its size and complexity could be reduced appropriately and to the maximum extent possible but leaving no unambiguities . 3. The draft text has multiple mention and reiteration of the same provisions on the same topic with lot of discretionary powers with respect to several provisions and rules, being kept vague, with the numerous use of phrase As may be prescribed /specified / approved / framed /notified/ subject to specified limits etc.

4. The Schedule V deals with provisions for recovery of tax dues and is so voluminous that it looks like a separate piece of Civil Act being stretched over 96 sections and 127 subsections (with numerous sub clauses) and has vested TRO with power of detention of the defaulter in his custody as well powers to arrest and send him to jail for 6 months even if the amount due is paltry Rs 251/-. Is direct tax code a civil law or a criminal law? This schedule needs relook and redrafting and should explicitly provide that a bankrupt defaulter having lost everything and not possessing any movable or immovable asset in his or his spouse or minor childrens name would be outside the purview of this draconian provision. It is purposeless and inhuman to arrest and jail a person who has nothing left to clear his tax dues.

Page 62 of 184

5. It has unnecessarily complicated the procedure of depreciation on fixed assets by introducing 11 different kinds of rates and by expanding the classes of assets to 12 and block of assets to 46. Provision of 20% of initial depreciation on new assets over and above the normal depreciation was neither solicited nor required. 6. The text has unnecessarily dwelt at great length on topics like non residents, definition of investment assets, definition of business assets, GAAR provisions, international transactions, non profit organisations, types of expenses allowed and disallowed to business assesses , conversion of proprietorship business to private ltd companies, conversion of private ltd companies to limited liability partnerships etc. 7. Schedule No. 22 has been unnecessarily added for amortization of preliminary and deferred revenue expenses which are generally very nominal onetime expenses and the present system of amortization in fixed 10 instalments was perfectly in order. 8. Schedule 18 has listed the different minerals numbering forty four. Is DTC a Tax Law or Mineral tax? 9. Schedule 17 has unnecessarily described 14 different ways of determining the mode and cost of an asset. 10.Schedule 21 describes 24 types of instances under which appeal could be filed with commissioner of appeals. 11. In terms of administration of the law; the DTC has retained the same, old and existing concept and frame work of organisation structure consisting of CBDT, Settlement commission, Advance rulings, Appellate Tribunals, Commissioner Appeals, appeals to High court and Supreme Court. The Proposals DTC could be reviewed based inter alia on above observations and following suggestions:i. The new Act be named as Indian direct taxes law instead of Direct tax code as the word code is confusing and has may meanings such as a secret code , Telephone Dialling Code , code for any specific operation or exercise, name of a spy or a project etc. ii. Minors above the age of 15 should be allowed to pay taxes on their legitimate self earned income and file income tax returns and their income should not be clubbed with parents.

Page 63 of 184

iii. The provision of depreciation calculation by limited companies as per system and rates provided in the companies Act should be discontinued and they should follow and provide depreciation as prescribed in the new direct tax act to make it uniform for all kinds of Assesses. This will also obviate the necessity of cumbersome procedure of computing and providing for deferred tax liabilities and assets. iv. The depreciation on fixed assets should be provided based on straight line method only so that the impairment is spread evenly for the useful life of an asset and the WDV system should be dispensed with. This change will be revenue/tax neutral in the long run and obviate the cumbersome and unnecessary exercise of calculating and providing for deferred tax liabilities/assets for companies. This change may initially affect the Minimum Alternate Tax (MAT) revenue of the government, but long term effect will be revenue neutral. The class of assets for depreciation purposes and rates of depreciation should be minimised. v. The new Act should provide total exemption of tax payment in respect of interest and dividend received by Indian holding companies from their foreign subsidiaries. This will increase foreign exchange inflow in India and will also avoid double taxation of the same income once in the foreign country where it has accrued and then again in India. vi. All gifts received from donors not related by blood should be taxed as normal income. vii. Individuals who are not agriculturist by profession or not doing self cultivation should not be allowed any kind of concession on their income derived from agriculture. For many, it has just become a tool of reducing tax liabilities. However taxing agriculture income will require change in constitution and govt should strive for the same. viii. The provision of wealth tax of just 1% on wealth exceeding one crore will not be cost efficient (the total wealth tax collection from1.4.2013 to 30.9.2013 was a meagre sum of 33 cr.) particularly in view of complex system of valuation of various assets and hence either it should ideally be abolished or charged at higher rates slab-wise but only on tangible and productive assets with simplified valuation rules and leaving the valuation part to the conscious of the assesses. ix. All kinds of income of an individual irrespective of source, kind or form should be made taxable with only a handful of clearly defined deductions allowed as under without the ritual of changes in every annual budget :1. Rs 125000/- for contributions to P.F and pension schemes, Life insurance premium, investments in equity mutual funds or in shares of top 500 compa-

Page 64 of 184

nies listed with NSE with lock in period of 2 years and Bharat Nirman Patra (The latter may be introduced by government to build infrastructures) 2. Amount of interest paid on housing loan from banks or recognised housing finance companies with a specified reasonable limit. 3. Full amount of interest paid on loan taken from banks for higher education of children against proper supporting documents. 4. Full amount of premium paid on medical and accident policies. 5. Actual amount of House rent paid by an as sesses backed by a written tenancy agreement with a ceiling of Rs 25000/- per month. 6. Rs 25000/- per annum on investments made in Swarna Patras or already introduced inflation linked gold bonds to discourage people from buying physical gold and help in reducing countrys CAD/ trade deficit problem . x. The actual amount of house property tax and civic body taxes ( It is shockingly as high as 40% of the commercial rental income in Kolkata ) paid in respect of let out properties with 20% of the rental income net of such taxes allowed as allowance towards repairs, maintenance and painting. xi. The tax on long term capital gains is high and should be reduced from 20% to 15% but indexation benefit should be withdrawn to reduce complexities. xii. To avoid complexities and disputes with tax authorities; the amount directly paid by business assesses through banking channels towards telephone bills, car maintenance expenses including drivers salary, house electricity and maintenance bills, medical expenses and club bills of employees should be allowed as a business expense without any limit and the same should be tax free for employees. The revenue loss will be nominal but it will get rid of cumbersome multiple rules, complications of calculations and computations and it will make both employer and employees happy and comfortable and will reduce the burden of assessing authorities . xiii. The unjustified provision of calculating and taxing the notional income of unoccupied, vacant and untenanted residential houses / Flats and also subjecting the same to wealth tax should be dispensed with but no separate deductions of any kind be allowed on this account. (This point has already been taken care of in the DTC text) xiv. The gift tax has lost its relevance and hence should be repealed after making provisions in the DTC that gifts exchanged between blood relatives will not be taxable. xv. The income tax should be charged on a flat rates basis and separate education cess etc. on top of it should be abolished.

Page 65 of 184

xvi. The details of administrative set up and rules for administration of the direct tax should be excluded from the main Act by delegating this duty and powers to the Central Board of Direct Taxes by provisioning in the DTC that rules framed by CBDT shall be construed and treated as law, but at the same time CBDT should not make itself a super power house and start making discretionary and unnecessary rules.

* THE STATE VAT TAX: The vat acts of states should be simplified and shortened and vat rates should be made as uniform as possible across the country for convenience of administration and compliance and to effectively prevent intra-state smuggling and flight of capital from one state to another and this suggestion should be considered in the proposed GST. The input credit in respect of coal purchase by industrial consumers should be allowed by all states as it constitutes a raw material and its disallowance in some states is totally against the basic fundamentals and spirits of vat law. The input credit rules should be simplified, shortened and freed from all complexities and ambiguities.

* NO REINTRODUCTION OF ESTATE DUTY: The Government should not even think of re-introducing the already repealed Estate duty. Its re-introduction will be administratively expensive and will serve no purpose except putting additional burden on revenue department and on citizens.

* THE STATE PROFESSIONS TAX:The professions tax as applicable in many states is unnecessarily, cumbersome, difficult to implement and enforce, nominal in terms of absolute revenue collected and perhaps fails the cost benefit test and hence should be considered for abolition.

* REPEAL CENTRAL SALES TAX AND AVOID ITS NEW AVATAR IN THE FORM OF CGST: The central sales tax of only 2% entails tremendous amount of formalities, paperwork, collection and submission of C forms and has become difficult for businessmen to comply with and for the tax authorities to administer and assess and hence CST needs to be repealed and revoked. In case it is replaced

Page 66 of 184

by proposed CGST, as has been agreed between the centre and states, then at least it should dispense with the requirements of issue and collection of CGST forms and more over there should be only one single registration formality, covering both GST and CGST and with one common unique GST number for each business entity. Business community will be happy if CGST is not imposed in lieu of existing CST, and to avoid associated hassles, they wont mind if the revenue loss on this account is made good by proportionate increase in the proposed GST rates itself.

* REPEAL THE ENTRY AND CHUNGI TAX: The imposition of entry tax and Chungi pose great difficulties on the goods carriers/ businessmen to comply with due to associated paper work, delays and formalities and should be repealed throughout the country. This nominal tax, already declared as unconstitutional by Calcutta high court, unnecessarily delays the goods carriers and is a source of corruption. The revenue lost on this account can be easily compensated by suitable increase in the state VAT taxes. But in case such sundry levies are to be continued these should directly go to the concerned municipal Body for exclusive spending on the development, improvement and beautification of the concerned city/town and not a penny should go to the state governments coffers.

* ABOLITION OF TURNOVER TAX:The turnover tax applicable in some states is another source of harassment for the business community and should also be repealed. Since the service tax is imposed on hotels & restaurants there is no justification of luxury tax. The luxury tax should be abolished and to that extent, if required, the service tax rate can be increased for star luxury hotels.

* COMMON ACCOUNTING YEAR FOR ALL ENTITIES: It should be made mandatory for all individual and legal entities including trusts, clubs, associations, cooperative societies and others to adopt the period of 1st April to 31st March as its financial year without any exception to have uniformity, removal of confusion and for administrative convenience. New companies act 2013 has already made it compulsory for limited companies.

Page 67 of 184

* All small and minor but irritant sundry taxes and levies as hereunder should be withdrawn along with repeal of related laws:1. Promissory notes (stamp) act 1926. 2. Salt cess act 1953 3. Minerals oils duties act 1958. 4. Produce cess act 1966 5. Interest tax act 1974 6. Iron ore cess act 1976 7. Jute cess act 1983 8. Agriculture produce cess act 1940 9. Hotels receipts tax act 1980 10.Fees with respect to Public Performance License, 11.Public performance (Storage) License, 12.Public Performance Background music license, 13.Televisions license with respect to serial & reality shows, 14.Radio License for all government & community radio stations, 15.Internet License in respect to live streaming sites, (Items 10 to 15 can be done by suitably changing copyright act 1957) 16.Research and development cess act 1986 17.Professions tax 18.Entry tax 19.Chungi 20.Turnover Tax 21 Cess on minerals, 22 Cess on spices and cess on research and development under act 1986 23 Electricity duties. 24 Cess on income tax, service tax, excise duty and custom duty.

13. FAST TRACK DEVELOPMENT & GROWTH OF INDUSTRIES AND

INFRASTRUCTURES:

* CLEAR ALL PENDING STALLED PROJECTS ON WAR FOOTING: Hundreds of stalled and pending projects, both industrial and infrastructure, worth crores of Rupees, should be cleared and approved on war footing by 1. Dismantling/getting over the red tape and unnecessary formalities. 2. Directing inter-ministerial cooperation and coordination with no room for ego or complacency. 3. Swift executive and administrative actions/ orders. Pointless to only form committees after committees with no real follow up action.

Page 68 of 184

4. Reframing/renegotiating the stranded public private projects to unlock the bank loans blocked in these projects and speed up infrastructure development. 5. Faster approval to pending Economic reforms AND LET ALL REFORMS GET COMPLETED IN ONE YEAR so that ruling govt cannot take refuge for its failures under this pretext. 6. Send the Ministry of environment for long holidays and relaxation; let the Industrial and mining clearances and permissions be decentralized to state pollution control Boards. The govt must act fast; the time is simply running out, there is no scope of inaction, delayed action, policy paralysis, populist measures, profligate spending, complacency, blaming the opposition parties. The govt has full authority to take all necessary corrective steps through administrative and executive orders and not dependent on parliament and hence the blame game must end and India and Indians should be the only priority and rightful agenda.

If the govt has lost the will to fight with gloom and doom scenario; better call fresh elections immediately. People particularly the young ones want action and very fast action. They are restless and want results. Aspire hope through fast and wise actions and only those who can aspire genuine hope with full sincerity can only expect to win the next elections. The deferment of Quantity Easing-3 by USA Federal Bank on 18.9.2013 has only given temporary respite to rupee value and Stock Market. Its going to wind up sooner or later. So let us stop banking and depending upon it.

* DECONTROL AND DE-LICENSINING OF ALL INDUSTRIES:-

All sectors of industries and commerce should be totally de-controlled and de-licensed.

The well proven principle of IT IS NO BUSINESS OF THE GOVERNMENT TO DO BUSINESS should be strictly followed.

Page 69 of 184

The primary tasks of the government, besides its usual duties, should be to help build and maintain roads, high ways, bridges, culverts, sea and air ports, railways, power plants, irrigation canals and water bore wells, linking rivers of the country to the extent feasible (which will conserve much needed water and will also generate productive employment), creation and development of infrastructures including industrial parks/estates and special economic zones; and it should leave rest to intelligent, hardworking and enterprising Indian businessmen, entrepreneurs and industrialists; they will take care of the economic and industrial growth of the country and the government need not worry for the same.

*MANDATORY MEMEBERSHIP OF TRADE AND INDUSTRY ASSOCIATIONS AND ITS COMPULSORY MEMBERSHIP AND PERIODICAL REDRESSAL OF THEIR GRIEVANCES BY CONCERNED MINISTRY:The government should make it mandatory for all business/industrial entities, (whose annual turnover is more than 25 lacs ) to become member of their respective business and industry Associations at a low and reasonable fees; and the respective associations should be mandated to submit once in six months, a list of their genuine grievances, problems, complaints and difficulties with suggestions for re-dressal and a wish list duly signed by all office bearers and at least 5 respectable members of the respective association.

This list should be thoroughly discussed and deliberated upon by the respective Ministry in the presence of representatives of the Association, the minutes of the meeting should be recorded and signed by parties and there after the Ministry should submit its report to the Council of Ministers with appropriate recommendations for prompt remedial action within a fixed time period. All business / industrial/ service sector entities must mandatorily (make a law to this effect with provision for penalty) submit their monthly production/sales data to Ministry of Programme Implementation & Statistics, New Delhi; positively by 15 the of the next month so that near accurate estimation of GDP, Index of Industrial production (IIP), WPI and CPI inflation could be made. In absence of full and timely receipt of data; the existing estimations are not reliable or accurate. The present system of compilation and issue of these data on monthly basis, however, is not of much use and hence these data could better be released on quarterly basis

Page 70 of 184

* TIGHT MONETARY POLICY AND HIGH INTEREST RATE REGIME OF RESERVE BANK OF India HAS KILLED ECONOMIC AND INDUSTRIAL GROWTH WITHOUT CURBING THE CPI INFLATION:RBIs independence is desirable; but at the same time it should adopt a pragmatic approach and deliberate upon and consider all well meaning suggestions and advice of central government, banks and business community. The outgoing governors policies have played havoc with economic and industrial growth while failing in containing inflation. There is no justification in continuing Cash Reserve Ratio (CRR) of 4%; it should be immediately eliminated resulting in large liquidity infusion in the banking/monetary system and will improve the profitability of banks forcing them to cut lending rates and help revival of economy and static industrial growth. IF RBI wants to continue CRR then it must pay interest on the same based at average cost of deposits to the concerned bank. CRR is after all public money and hence there is no logic or justification for RBI to use it free of cost. (SBI alone has under compulsion kept a hefty amount of app. 60000 cr. with RBI on this a/c) Repo and Reverse Repo Rates should be same and identical and both should be immediately cut as these are presently high, unaffordable and choking the growth. The myth that higher bank rates will lower the inflation has already been demolished. WPI inflation had in the recent months fallen to sub 5% level primarily because of demand destruction for non food commodities owing to general economic slowdown and not because of hawkish stand of RBI on interest regime and tight monetary policy. It has already started going up.

* THE TOTAL DECONTROL OF SUGAR INDUSTRY: The sugar industry which has been partially decontrolled most pragmatically; should be completely decontrolled to ensure profitable working of the sugar mills. Presently most sugar mills are running in loss or earning marginal profits and any further continuance of this situation will only lead to closure of sugar mills resulting in scarcity and high prices of sugar. The sugar mills should also be allowed to export the surplus after keeping a buffer stock of 10% of the annual sugar consumption in the country. The State Governments should have no power to fix the price of sugar cane every season and let the sugar cane prices be decided by demand and supply factors. Under the present politically motivated FSA mechanism (Fair and remunerative price fixed By commission of Agriculture costs and prices) and still

Page 71 of 184

higher MSP (Minimum Support Price) or SAP (State Administered Price) fixed by the state govts; the sugarcane prices went up by 36% in UP, 27% in Karnataka, 26% in Punjab and 24% in Bihar in just last two years putting sugar mills and sugar consumers under great stress. No industry in the present highly competitive global atmosphere can survive if its input costs keep marching upward without corresponding increase in the selling prices of finished goods. Import of sugar should be banned or restricted with higher import duty during periods of surplus sugar in the country. During 2012-13 SAP in U.P was Rs 280/- per quintal against FRP of 170/- per quintal resulting in huge loss of app. 2400 crores to sugar mills who owe 2400 cr to sugar cane farmers and banks have refused to provide them any loans. This continued situation, totally politically motivated as cane farmers can influence parliamentary results in 30 constituencies, will only lead to the closure of sugar mills. While U.P. govt is bailing out its own cooperative sugar mills through budgetary support but no relief nothing others. All existing laws on Sugar sector as under should be repealed together with relevant state laws:1) 2) 3) 4) 5) Sugar Cane Act 1934, Sugar Cess Act 1982, Sugar Development Fund Act 1982, Sugar Export Promotion Act 1958, Sugar ( Regulation of Production) Act 1961, ( This act should be retained with suitable modifications and changes or merged with industrial development and regulation Act 1951 ) 6) Sugar ( Special Excise Duty) Act 1959, 7) Levy sugar price equalisation fund act 1976. 8) Sugar Undertaking (Taking over of Management) Act 1978

* INDIGENISED PRODUCTION OF ARMS AND AMMUNITIONS:The production and export of Arms, Ammunition and Defence equipments should be thrown open for Indian private Sector and foreigners with adequate safeguards and preferably under joint venture with Indian Ordnance Board; so that over a period of next 10 to 15 years India becomes self reliant and also a net exporter of the same, thereby preventing heavy outflow of valuable foreign exchange on this account and frequent allegations of corruption and scams, actual or created with vested political interests .Close cooperation with Israel can greatly help in this regard. The local manufacturers should be properly incentivised and also safeguarded against adverse currency fluctuations as during initial years they will have to depend on imported parts and components.

Page 72 of 184

* COMPLETE DE- CONTROL OF ALCOHOL, LIQUOR AND SPIRITS:The present system of production and distribution of alcohol and spirits is highly controlled and regulated by state Governments with multiple licenses and permissions, endless formalities, with loads of paperwork. This sector needs to be totally de-controlled and de regulated and alcohol and spirits should be treated just like any other consumer product and should be free from all government controls, licences and formalities by suitably changing article 246 of the Constitution and deleting item no 8 and 51 of the State List of laws . Even for retail distribution; no licences need be necessary and even a grocery shop should be allowed to stock and deal in the same without any license, like any consumer product, as is the normal practice in foreign countries. If govt thinks alcohol is injurious to health; then simply order permanent closer of all liquor factories instead of continuing with double standards and hypocrisy. State level permissions, consents, licences along with annual auction of state wise liquor distribution rights which is full of corruption and malpractices AND ANTI-CONSUMER should be dispensed with. The winning distributor becomes a monopolist in the state and resorts to malpractices, fix up the prices arbitrarily and on the higher side leading to intrastate smuggling of alcohol and liquor. The rates of Vat in States should be uniform to discourage intra-state smuggling of liquor. Most unfortunately the liquor has been kept outside the ambit of proposed GST. To ease the problems of the Industry; only one time production tax-cum-vat should be charged at the point of manufacture and thereafter it should attract no more taxes and levies.

The levy of State Excise Duty on liquor, a legacy of British Raj, must be abolished and dispensed with. All taxes and duties on liquor including country spirits should be collected only by central government and later distributed to states as per an acceptable and equitable formula. Why liquor has been kept outside the ambit of proposed GST? It should not be and liquor must come under GST regime just like all other commodities.

* SINGLE WINDOW CLEARENCE FOR SETTING NEW INDUSTRIES:

Page 73 of 184

To accelerate and boost industrialisation; every state should have a system of single window clearance for new and upcoming manufacturing units including registration with various tax authorities, in principle sanction of power, initial clearance from pollution control authorities etc. This will greatly increase the momentum of industrialisation of the country and reduce corruption and help entrepreneurs. The entrepreneurs need not be required to take any State Level Permission/consent and mere obtaining SIA approval from Ministry of Industry, New Delhi should be enough.

* SINGLE LAW FOR DEVELOPMENT, CONTROL AND REGULATION OF INDUSTRIES: A single piece of new legislation for the development, control and regulation of the industries should be enacted and all existing central or state laws, including the outdated Industries (Development and Regulation) Act 1951 on the subject, should be repealed.

* ENVIRONMENTAL CLEARENCE FOR INDUSTRIES AND MINES: The Ministry of environment, New Delhi, which by inordinate and inexcusable delay in giving clearances to hundreds of projects across the country has only resulted in cost overruns and stalling of projects and is majorly responsible for destroying the economic and industrial growth while not succeeded in protecting the environment; should be immediately disbanded and closed and this ministry should only handle forests. Let the environmental issues be decentralised and clearance/permission from the State Pollution Control Boards should be enough for the projects to take off.

The major causes of pollution are human beings themselves and Vehicles but there are no controls on them while most unnecessarily the Industries are being made to suffer and penalised with numerous red tapes/permissions/ consents/clearances/fees (both official and unofficial). The result is negative industrial growth and in the process Nation is the biggest loser.

Presently there are a number of Central Environmental and Pollution Control Acts namely: 1) Air ( Prevention and Control of pollution)Act 1981,

Page 74 of 184

2) 3) 4) 5) 6) 7) 8)

Air ( Prevention and control of pollution) Amendment Act 1987, Water ( Prevention and Control of pollution) Act, Water (prevention and control of pollution ) cess act, Shore Nuisance ( Bombay & Kolkata) Act 1853, Environmental Protection Act 1986, National Environment Tribunal Act, 1995 National Environment Appellate Authority Act, 1997

All these Acts along with a bunch of complex and confusing rules, regulations and endless notifications, circulars and directives; should be repealed and replaced with one single consolidated legislation, re-drafted in simple words, briefly and to the point by deletion of unnecessary formalities and procedures and can be named as Indian Environmental protection and regulation Act. The focus of the new Act should be time bound expeditious grant of consents and permissions and duty of the Industries to comply with the prescribed norms and if the same are duly complied; the pollution Board officers should not unduly and unnecessary harass the Industries and mines.

* LAND ACQUIRED WITH CONSENT OF LOCAL GRAM SABHA SHOULD NOT REQUIRE ANY OTHER PRIOR CONSENT OR APPROVAL:Any new Industry with a capital outlay of up to Rs.150 crores being set up on agriculture land should be automatically allowed and permitted without the prior consent of the state pollution control boards/other government agencies provided the project has been cleared and approved by the majority of local gram sabha members and by at least five respectable and prominent residents of that village in writing. Such factories should be granted permission to operate by the Pollution control officials, if they are satisfied that the pollution level is within the prescribed norms and such permission should be valid for at least 3 years (as against presently one year which has become a source of annual harassment and corruption) and Pollution Officials should not visit the factories as per their own whims and discretion. However, it should be mandatory for the factories to submit every quarter a certificate by a Private Environmental Engineer / agency to the effect that the pollution level was found to be within prescribed norms.

* CHANGE OF LAND USE FROM AGRICULTURE TO INDUSTRY: -

Page 75 of 184

The agriculture land once acquired for industrial purposes with approval of local Gram Sabha ; should automatically get converted into industrial land and entrepreneurs need not spend time and money on converting the use of the said land from agriculture to industry from the local land revenue office and a mere intimation of changed land use should suffice. This will effectively stop harassment to the entrepreneurs and also the corruption associated with this long and cumbersome procedure. Based on conveyance deed; the mutation of concerned property should become automatic and effected within a maximum period of one month and the mutation fees should be collected by the Registrar of conveyance right at the time of registry .

* ANTI DUMPING DUTY: Anti dumping duty should be imposed on all imported products being dumped in India with the help of monetary subsidies/incentives by exporting countries particularly China and subjecting Indian industries and products to most unhealthy and intolerable competition. This step to protect local industry is necessary even if we have a free trade pact with the concerned country. Most countries including USA and UK have laws and mechanisms to protect domestic industries. WTO commitments cannot be allowed to restrict such protective measures. Despite signing WTO agreement, has Pakistan accorded most favoured Nation status to India till now though India accorded this status to Pakistan way back in 1996?

* EMPLOYERS RIGHT TO TERMINATE EMPLOYEES: The major reform should be to modify the existing labour laws giving right to the employer to retrench or dismiss any employee at his own discretion after payment of reasonable compensation linked with the tenure of service along with all his legitimate dues and arrears. This will instil a sense of fear amongst the employees and they will refrain from absenteeism, go-slow, strikes and other tactics and will improve the punctuality, attendance, efficiency and productivity. Militant and undesirable/unreasonable Trade Unionism should be declared illegal and punishable. If an employee has full right to change his job or employer at his sole discretion and own sweet will and time and in most cases without giving prior intimation or notice to his employers; why employer should not have the similar right and discretion?.

Page 76 of 184

To weed out corruption and to make the Government employees regular in attendance, punctual and efficient; they should also be liable for suspension/ termination on the same basis but such dismissal should be controlled and regulated by an Independent Commission which should take a judicious and rational decision after necessary enquiry against the concerned employee; lest it becomes a tool for vested interests to settle personal scores, ego and vendetta as recently held in the suspension of SDO, Durgashakti Nagpal, by U.P. govt .

* THE CHANGES IN FACTORIES ACT 1948: This old and outdated ACT should be modernised by deletions of unnecessary provisions, should be simplified and the new act should be applicable to only those factories which employ 150 or more employees, so that small and medium scale industries are spared from numerous and unnecessary formalities, rules and Inspector Raj. The act however should continue to be applicable to all factories involved in highly hazardous and inflammable products and chemicals. The new act should provide for the following:The exempted factories must provide for adequate and necessary safety measures for the employees, as the management thinks fit and proper such as proper covering of all dangerous moving and rotating parts of equipments and electrical installations, safety helmets, goggles, hand gloves, nose covers, first aid medical box, fire extinguishers, sand buckets, ear plugs etc. In case of any accident in exempted factories /commercial establishments, resulting in serious injury or death; the onus would be on the works manager/owners, to prove that they had taken adequate safety and precautionary measures to prevent accidents and not caused due to any fault or negligence on their part and that it was merely a natural accident due to human error of worker or workers or due to destiny. The penal provisions of fine or jail term and/ or both in the existing factory act should be changed with provision of only hefty fines and compensation for the accident affected workman or in case of his death; for his/her spouse and minor children. The existing provision of jail term; only deters people from accepting responsible management posts, unduly emboldens the factory inspectors/officials leading to corruption, results in prolonged court cases and at the end only benefit the lawyers with little or no relief to the affected worker or his family and tremendous harassment to factory managers/ owners/managing and other directors with historically very low conviction rate in the country. In case of any accident or fire in factory resulting in serious injury or death; The police should have no power to detain or arrest the factory manager or owners/directors unless and until they are convicted on account of negligence

Page 77 of 184

and wilful default; subject to their furnishing an undertaking that they will not disappear and will cooperate in the court proceedings and face the trial and also deposit of an adequate amount of security with police or court.

The present self established system of immediately arresting the factory manager/owners/ directors, upon an accident; is discriminatory, torturous and serves as a deterrent from assuming senior management positions. The simple logic is that no sensible person would like an accident in his establishment as it does not benefit him in any way , secondly despite best safeguards accidents do take place, as per the destiny . By the way in cases involving fatal accidents of government owned aircrafts, railways or buses has ever been concerned Ministers, Secretaries, CMDS or General Managers apprehended, arrested, prosecuted or dismissed? NO IT HAS NEVER SO HAPPENNED, THEN WHY DISCRIMINATION AGAINST PRIVATE SECTOR INDUSTRIES AND EMPLOYERS?

* MEASURES FOR THE REVIVAL OF NOW ALMOST DEVASTATED INDIAN SECONDARY STEEL MANUFACTURING SECTOR (A MAJOR PILLAR OF INDIAN ECONOMY):The Indian Secondary Steel Manufacturing Sector almost collapsed in the after math of global financial and economical meltdown of 2008. This sector comprising of thousands of sponge iron plants, steel melting shops (Induction Furnaces), Cast Iron Foundries and Re-rolling Mills has never recovered thereafter and as on date majority of the factories are lying closed or running at much below the installed capacity, this fact can be substantiated by the data available with central excise department. Some of the factories are simply running under the pressure of lending banks. The main manufactured product of this sector is TMT Bars used in House building and Infrastructure. The other products are Flats, Angles, Channels and Beams. This sector used to produce almost 40% of the total Indian Steel and comprises of thousands of factories across the country and used to employ lacs of people, directly and indirectly, but has now got virtually shattered and bleeding for reasons as separately annexed at the end of this writ-up along with suggested measures for its revival.

14. THE MINERALS WEALTH OF THE COUNTRY (OWNERSHIP, CONTROL AND REGULATION)

Page 78 of 184

All minerals in the country are the joint wealth of all Indians and hence the complete ownership, control and regulation of the same should rest entirely with the central government who should divest its powers to an independent constitutional body - Minerals commission of India

The states should have no power or authority whatsoever on minerals except entitlement of a reasonable royalty. The state level ministries of mining and minerals, mining departments, mining bureau and other unwanted agencies should be closed by suitably changing article 246 of the constitution by deleting item No. 23 and 50 from the state list of laws. Minerals commission of India (An independent constitutional authority ) Should be the only authority to control and regulate the minerals and mining and the only authority for renewal and issue of mining licences/leases on auction/bidding basis with all bidders entitled to allocation on the highest bid price based on their individual requirements; without interference of central and state governments , along with fast and time bound clearance by ministry of environmental and forest and thus to completely dismantle the existing lengthy and unending chain of procedures of processing of mining applications by numerous departments/authorities /agencies which takes years (rather decades) to complete; before final grant of the mining licence. The fast tracking of new mining licences will increase the production particularly of iron ore, coal, limestone, crude oil and natural gas leading to healthy competition and lower prices. Due to current extremely high prices of these minerals and their scarcity; the consuming industries are passing through great hardship particularly steel, Cement and power. The central government should request the Honourable supreme court of India to facilitate speedy reopening of all closed iron ore mines which has created havoc for the Indian steel industry particularly sponge iron plants most of whom are lying closed or running at low capacity for want of iron ore and its exorbitant and unaffordable prices with mine owners virtually looting the consuming industries. All sundry taxes and levies on minerals namely cess on iron ore under act of 1966, cess on coal, 1% TCS, duties on mineral oil under act of 1958 etc. should be removed and the mine owners should only be allowed to sell to actual industrial consumers and not to traders. The selling prices of minerals, petroleum products and gas should be fixed on 3/ 6 monthly basis by the minerals commission of India reasonably and rationally and after due consultation with the stakeholders and in the best national interest.

Page 79 of 184

The ongoing virtual looting of consuming industries by iron ore and coal miners must end who have amassed unimaginable wealth in the last 10 years by extorting the consumers. The recently imposed excise duty on coal and state vat on iron ore, both of which are minerals and not manufactured products, has further complicated the matter. What meaningful purpose has it served when input credit for such new duties is available to the consuming Industries? The minor mineral SAND, but an utmost necessity in house building and in projects, must be exempted from stringent mineral laws. How is construction possible without Sand and it can only be procured from the river banks /beds and cannot be manufactured in factories and hence rules for SANDs collection, lifting/extraction must be absolutely liberalised and made hassle free and all petty politics on this vital issue must immediately end.

15. TOTAL REVAMPING OF EXISTING LAWS AND JUDICIAL SYS-

TEM:

* REPEAL ALL OLD, OUTDATED, OBSOLETE, REDUNTANT AND UNNESSARY LAWS AND ENACT NEW, MODERN LAWS WITH CONSOLIDATION OF EXISTING LAWS INTO ONE SINGLE LAW ON SIMILAR SUBJECT BASED ON SIMPLICITY AND JUDGEMENTS OF SUPREME AND HIGH COURTS

* More than 3 crores of cases are pending with various Indian Courts as on date due to highly complex and plethora of laws and inadequate number of Judges.

* The Country inherited around 541 British period Central laws as on 15.8.1947. After repeal of some of them and enactment of fresh laws by Indian Parliament; the country and its legal system is today saddled with app. 1050 CENTRAL Acts and laws with countless rules, notifications, circulars and executive orders. * A HORRIFYING FIGURE? WHY DO WE NEED SO MANY LAWS? I WONDER IF A SINGLE POLITICIAN OR LAWYER CAN NAME THESE LAWS AND ACTS IN ONE GO; HOWSOEVER BRILLIANT ONES MEMORY MAY BE ?

Page 80 of 184

* The total number of State laws as on date excluding Bihar stand at a mind boggling figure of 4178. The state of Maharashtra alone has 402 acts and laws. WHAT A MESS AND CHAOS AND WHAT A SHAME? And still we do not hesitate in proudly proclaiming ourselves as the worlds largest functional democracy.

Does Democracy only mean creation of laws after laws after laws?

* Multiplicity and extreme complexity of laws, many overlapping and piecemeal in nature, is one major reason why justice in India in many cases is not claimed, delayed or never obtained. The fraternity of advocates and lawyers are the natural beneficiaries of this total mess. Our honourable Limited numbers of Judges have to bear the entire burden and resultant pressure.

NOTE: THE SUGGESTED REMEDIAL MEASURES ALONGWITH COMMENTS ARE SEPERATELY ANNEXED AT THE END OF THIS WRITE-UP.

16. CHANGES IN EDUCATION SYSTEM:


* Ban/ restriction on KG, Play or Preschools: We are human beings and not bloodless and heartless machines. It is most inhuman and great cruelty to send a two year child to School. Sending children to Kinder Garden Schools should be totally banned. This measure besides being humane; will save lot of time of parents, money, energy, fuel, traffic jams in big cities and will cut down house hold expenses. Montessori/KG schools, predominantly an urban phenomenon, have mushroomed and charge very high fees being free from any kind of govt rules and regulations and are purely business/profit motivated. Still parents are compelled to send their kids for social prestige, to ensure the child does not lag behind in the current competitive educational set-up and reluctance/refusal of formal schools to admit the children who have not attended such Montessori schools. If not banned; at least the rule should be that a child below 3 years should not be admitted in to these pre schools.

Page 81 of 184

* FIRST FORMAL EDUCATION:The first formal education of a child should commence in class-1 at the age of four. The level of primary education should be increased from present class v to class vii and this level of education could be named as PRIMA OR PRATHMIK. * SECONDARY SCHOOL EDUCATION:Secondary Education should be limited to Class X and for passing the same no separate examination need be conducted by any Secondary Education board, central or state, and the same should be conducted by the school authorities within the school premises with provision of random evaluation of 5 % of the answer scripts by external teachers of other schools with due codification of students roll number. The demarcation of Commerce, Science and Humanities streams should be effected from class viii and continue till Class xii. This level of education should be called Madhyamik or SSE. * HIGHER SECONDARY EDUCATION:-

The higher secondary education should be from class 11 to class 12 and it final examination should be conducted by a new consolidated Board called Higher secondary Education Board of INDIA. The student passing this exam should be called under graduate. * ENGLISH AND HINDI SHOULD BE MANDATORY FROM CLASS VI ONWARDS: The mother language should be taught in schools only up to class v along with Hindi or English and thereafter the medium of study should be only either Hindi or English and in either option the study of the other language as a compulsory subject should continue till class Xii. In other words a class xii student should have fairly good knowledge of both Hindi and English. In Hindi speaking states; teaching of both Hindi and English should start with class -1 and should continue up to class xii.

* MANDATORY SPORTS AND PHYSICAL TRAINING:Physical training and/or playing of games for at least 45 minutes each day Should be made mandatory for students as well as teachers to improve their general health and to promote sports in the country.

Page 82 of 184

The current generation spends most of the time enjoying and playing with electronic gadgets like televisions, video games, laptops, computers and mobile handsets with innumerable options of games, gambling games, most wasteful sites like face book, chatting and surfing till late night resulting in wastage of time and weakening of eyesight. Schools having no facility of physical training and sports due to lack of space should be legally authorised and empowered to compulsory acquire the adjacent land/property for this purpose by paying consideration at 25% discount to the current market value with instructions to the banks to finance this acquisition. However such acquisitions of land should not be applicable if the school is in an urban area and acquisition targets are multi-storeyed residential or commercial buildings or public utilities. No permission should be granted to new schools unless they have provision for sports and physical activities.

* NO TAX EXEMPTIONS FOR EDUCATIONAL INSTITUTIONS RUN ON COMMERCIAL LINES WITH PROFIT MOTIVE:The school, colleges, educational institutions, technical institutes located anywhere whether in cities, towns or villages should be completely exempted from payment of house property taxes, municipal taxes and other levies or taxes ,if any. However no such exemption should be granted to those which are run on commercial lines with profit motives.

* COMMON AND IDENTICAL SYLLABUS ACROSS THE COUNTRY: The major reform in education should be by introducing absolutely same, common and homogenous subjects and syllabus on all India level for all schools, colleges and all types of higher, specialised or professional courses of every stream and field without exception. This will ensure same kind of education to all students irrespective of their states of domicile to ensure parity, avoidance of discrimination and unnecessary confusion and burden of multiple books of different authors on the same subject. This step will reduce education expenses and also save huge quantity of printing papers.

* DELETIONS OF UNNECESSAY SUBJECTS AND THIER RESTRUCTURING

Page 83 of 184

In the school syllabus; unnecessary subjects like Sanskrit, Drawings & Paintings, Hindi and English Literature( Keats and Tennyson wont help) etc should be deleted or substantially reduced. The Syllabus of Geography is unnecessarily very lengthy and should be suitably pruned viz. The student need not remember the quantity of wheat, rice, copper, steel etc produced in USA. It is enough for him to know which are the top 7 countries in terms of each major commodity produced. The working level geographical knowledge of 20 large and important countries and all neighbouring countries should be enough. Elementary knowledge of smaller countries should suffice, but there should be no compromise on the detailed study of geography of India. The present syllabus of History is unduly lengthy and Indian school students just need to have a fairly good knowledge of Indian history but they are virtually tortured to read and memorise most unnecessarily the lengthy histories of U.K, USA, France, Ancient Rome, Ancient Greek, Russia, Japan, Ancient Persia, Iraq, China etc and hence just a basic knowledge of their history should be good enough. The subject of Indian History should be based on facts and portray the actual happenings without any distortions and political considerations and should be redrafted.

* Mandatory study of writings of great Indian writers and scholars: The school syllabus must include study of Ancient Indian epics such as Ramayan and Mahabharat and the writings of Great Indian scholars like Banabhatta, Kalidas , Chanakya, Amir khusrow, Abdul Rahim Khan-Khana, Tulsidas, Surdas, Sant Kabir etc and writings and stories of modern Indian writers like those of Bhartendu Harish Chandra, Munsi Premchand, Sarat Chandra Chatterjee, Bankim Chandra Chatterjee, Rabindra Nath Tagore, Subramanyam Bharati, Jai Shankar Prasad, Makan lal Chaturvedi, Mahadevi Verma, R.K Narayan, Mulkraj Anand, Mahsweta Devi, Kaji Nazrul Islam, etc.

*CHARACTER BUILDING: The syllabus should compulsory include short moral stories of Indian and foreign writers which inculcate and teach good human values, Honesty, morality, hard work, perseverance, sincerity, good manners and behaviour, bravery, civic sense, patriotism, compassion, hatred towards crimes and terrorism in order to build strong moral character of the children right from their formative years .

*RAGGING SHOULD BE BANNED AND HEAVILY PENALISED:

Page 84 of 184

Ragging is an utter nuisance, a curse, menace and a social crime and hence needs to be totally banned and declared illegal. Thousands of children have lost lives being victim of this evil disease. Let it be banned with severe monetary penalties including demotion, suspension and rustication.

* EXTRA BURDEN ON INDIAN BRAIN:People framing education system, policy and syllabus should not forget that the size of brain is same for all human beings and whereas the American, English, Chinese, Japanese and many other brains have to just carry the burden of their own language; the Indian brain has to carry the extra burden of multiple languages namely mother language, Hindi, English, Sanskrit, Urdu.

* GENERAL KNOWLEDGE: The Subject of General Knowledge and current affairs should be absolutely compulsory from class 5 to class 12 in graduating order to acquaint the student with something of everything. This subject will be most useful, purposeful and helpful in real life. * THE RESTUCTURING OF GRADUATION COURSE:The present system of awarding three years graduation degrees of B.Com, BSC and BA (Humanities), which involves mere 3 hours of attendance in college for average 6 months in a year is most insufficient to educate the students or make them capable of getting an assured good and productive job. The period of Graduation Degree should be increased from present 3 years to 4 years with full time attendance in the college just like school with no tolerance for absence; with two intermediate examinations conducted by the concerned university. The objective should be that by the age of twenty a student by virtue of his graduation degree should become almost a master in his stream and field of education and this will greatly enhance the value and respect of existing graduation degrees which are currently worth only for a peon or a clerks job. The present system of pass course and honours course should be done away with. The syllabus of B.Com and B.Sc. should totally exclude unnecessary subjects like literature on English, Hindi or other languages; highly complex mathematics like Algebra, Geometry, trigonometry etc and instead only practical arithmetic useful in real life should be included and taught.

Page 85 of 184

* ABOLITION OF B.A GRADUATION COURSE:The Graduation degree of B.A (Humanities) is almost purposeless and non productive and should be dispensed with. After passing class 12; the students interested in specialised learning of English, Foreign Languages, Hindi, Sanskrit or any other language, drawings and paintings, Fine and Performing Arts, Agricultural Science, Botany, Zoology, Home science, Education Profession, Sociology, Political Science, Law, History, Geology, Public Administration, Anthropology, Statistics, Philosophy, Geography, Psychology, Journalism, Fashion Designing, Nutrition Science, Food Technology, Biotechnology, Microbiology, Hotel Management , Computer application and science, Mathematics, Multimedia, Library Science, Physiotherapy, Environmental Science, Mass communication, nursing, clinical research, Air Flight Training etc; should better enrol in specialised Academies and Institutions meant for these specialised studies. Let them decide their own field, future and fate.

* ABOLITION OF POST GRADUATION COURSES OF M.COM, M.SC AND M.A:The post graduation courses of M.Com, MSc, and MA are serving no purpose and should be scrapped altogether and in lieu the interested students after passing graduation should opt for higher studies by joining specialised institutions offering degrees of CA, M.B.A, Hotel Management, Political Science, Journalism, Economics, Textile Designing, Master of computer education, PHD etc . It is common to see these post graduates applying for clerical, police constables and other such jobs. So what is the sense of these post graduate degrees? *TEACHERSS TRAINING AND UNIFORM PAY STRUCTURE:Despite education being a state subject; the salaries and perks of teachers of all govt schools up to class xii must be uniform and standardised throughout the country to remove discrimination and dissatisfaction and should be adequate so that they devote full time and not resort to self earning private tuitions. The teachers must be well trained for 18 months before posting. * MEDICAL PRACTITIONERS FOR RURAL AREAS:The qualified MBBS doctors are unwilling to practice in rural areas; compelling villagers to seek medical help from nearby towns or cities causing great hard-

Page 86 of 184

ship monetarily and otherwise. To provide basic medical and healthcare to rural India; the Rural Medical Practitioners can be created with following qualifications mandated to serve a cluster of 5 villages:1. A science undergraduate (class xii passed) with two years of training in a Medical college or 2. A science graduate with one year of training in a medical college. However, such Rural medical practitioners, should be authorised to deal with only common and ordinary diseases like Malaria, Cholera, Viral, seasonal or normal fever or throat problems, coughs, Headache, gastric problems, stomach or tooth pain, diarrhoea, preventive tetanus injections, prescribing medication for early stage diabetic patients, first aid for sudden heart attacks, attending to minor burns, cuts and injuries etc. They should have no authority to perform any invasive surgeries.

* REVIEW OF ELIGIBILTY CRITERIA AND ACADEMIC SYLLABUS OF Indian CIVIL SERVICE:The present Syllabus and system of selection of civil servants who have to actually deal with and handle the complex administration of the country needs review. The present system comprises of preliminary cum screening examination with objective types questions based on subjects of current affairs , Indian his tory, geography, Indian polity and governance, economic and social developments and basic numeracy of class x level. Any graduate of a university is eligible for this exam. The successful candidates are thereafter required to pass written examination on subjects of Modern Indian language, English language, (governance, constitution, polity and social justice), technology and economic development and general studies of ethics, integrity and aptitude followed by interview of successful candidates for final selection . This syllabus and system is same whether the selected candidate is appointed for general administration (IAS), police service (IPS), officer of income tax, central excise or customs (IRS) or Indian Foreign or forest service etc. The drawbacks and pitfalls are as under: 1. Any graduate of any stream is eligible for preliminary examination even if he has got the degree from a deemed university or by correspondence and whether he has done pass course or honours and irrespective of marks obtained. 2. The eligibility and admission criteria for Medical, Engineering, CA , MBA of top business schools is extremely difficult and tuff . And what is the level of knowledge of a graduate in humanities? He only knows little bit of history, ge-

Page 87 of 184

ography, arts and literature of Hindi or English and that is all? How an ordinary graduate securing just 40% marks could be eligible for this preliminary IAS exam? Hence the eligibility criteria for this extremely important and critical Civil Services examination, as above, is incorrect and grossly inadequate. 3, ideally graduates should not be eligible for appearing in preliminary test. The minimum qualification should be either a degree in medical science, engineering, MBA from top 50 B. schools or from a top foreign university, CA or Law Degree. If graduates are to be allowed then they must be from commerce or science stream and must have secured not less than 75% marks. This change will prevent lacks of candidates unnecessarily sitting for this exam each year, wasting their time and money on expensive tutorials because most of them obviously and invariably dont get through. Unnecessary crowding must not be allowed in the name of socialism. Civil Service posts are not a matter of joke. 4. Almost half of the annual vacancies in civil services are earmarked for candidates belonging to SC / OBC / ST candidates with lot of relaxations in terms of age? Politicians should at least spare this highly important aspect of nation from so called socialism because factually it is the top bureaucracy (read IAS officers) which virtually manages and administers the country. There are much better ways and means to do social justice. 5. The first subject in the main written test is any modern Indian language. To the best of my knowledge Indians have not invented any new language in the last over 500 years? What is the justification of this useless subject? 6. There is no compulsory subject of Law particularly Indian penal code and procedure and judicial system and procedures. How a selected candidate opting for police service with initial posting as Assistant S.P will justify his post without expert level knowledge of Indian criminal law and judiciary. 7. Similarly how a selected candidate with purely science or medical background with no compulsory subjects of income tax, custom and excise law , financial laws , companys act , partnership act etc will justify his initial posting as Assistant commissioner of these departments.

8. There are many other drawbacks and hence syllabus and subjects for the final written test must be re-examined and necessary changes introduced with separate and specific subjects for IAS , IPS , IRS and IFS Aspirants and post selection the candidates must undergo rigorous training of 18 months in their respective fields (with full salary payment) before posting.

Page 88 of 184

* MERGER OF INSTITUTE OF COMPANY SECRETARIES AND INSTITUTE OF COST & WORKS ACCOUNTANTS OF INDIA WITH INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA:The institutions of Companies Secretaries of India and Cost and Works Accountants of India are serving little purpose as the subjects in their courses are almost identical with and are already included in the syllabus of Institute of Chartered Accountants of India and therefore formers should be disbanded and merged with the latter along with their present students and the new name of the consolidated Institute could be Institute of professional Accountants and secretaries of India (PAS ); By providing the enabling provisions in the new Education law of India in substitution of the following existing Acts, which shall stand repealed . 1) Chartered Accountants Act,1949 2) Cost & Works Accountant Act, 1959 3) Companies Secretaries Act, 1980 An independent committee comprising of nominees of the institute, senior most and experienced practicing or retired chartered accountants and govt nominees should be constituted to frame/reframe accounting and auditing standards in a most unambiguous way ( not necessary to exactly follow international practices and make them complex ) and suiting domestic conditions .

* Vocational training schools in every district:For school dropouts or for those who do not wish to study for whatsoever reasons and wish to learn specific vocations for self employment such as Tailoring, embroidery, carpentry, plumbing, masonry, stone cutting and laying, electrical and electronic gadgets repairing and servicing, watch repairing, gold smith work etc.; the state government should endeavour to set up such training schools in every district with nominal fees.

* BANISH MANAGEMENT QUOTA SYSTEM IN PRIVATE MEDICAL, ENGINEERING AND MANAGEMENT COLLEGES AND REINSTATEMENT OF JOINT ELIGIBILITY AND ENTRANCE TEST (JEET ): The govt has allowed these private colleges to keep aside 15% of the seats under so called management quota wherein a student without passing the

Page 89 of 184

tough admission test can buy the admission simply by paying a hefty off the books amount to the management. This system is obviously producing substandard doctors and engineers. The number of private medical colleges in India is 194 with total of 25055 seats out of which 15% seats, the management can sell off with ticket price of between 25 lacs to 90 lacs per seat to students without passing the entrance/eligibility test. The honourable Supreme Court has further emboldened them by scrapping the All India joint eligibility and entrance test (JEET). The JEET was the perfect and best way of selection of eligible students; now the Pandora box of corruption and malpractices has opened up which will only lead to production of substandard doctors and engineers. The accreditation by NATIONAL BOARD OF ACCREDITATION with periodical review should be mandatory for all Engineering, Medical and Management colleges whether in govt or private sector.

*PUNISHMENT AND HEAVY PENALTIES SHOULD BE PRESCIBED FOR THE FOLLOWING OFFENCES BY EDUCATIONAL INSTITUTIONS:1. Charging of capitation fees in any form. 2. Charging of admission and course fees in private schools, colleges and specialised institutes beyond the reasonable ceiling fixed by the Education Commission of India. 3. Advertisements seeking students with false, fraudulent and fabricated data and statements with untenable promises of assured jobs or campus placement. 4. Full refund of all fees collected from a student with promise of guaranteed job on completion of course if such promise is not fulfilled. 5. Not adhering to or complying with set standard and quality of education imparted on students. In context of point - 5 above the fact is that in just last 5 years the number of Business Schools offering so called MBA course have tripled to 4500 with 3,60,000 seats. Most have been set up by private sector on commercial lines with utter lack of qualified and experienced faculties and no care for quality of education and the result is that placement /employment % of passed students is only 10% barring top 20 schools. No doubt 185 of these business institutes have closed down and another 150 are struggling for

Page 90 of 184

survival as now students are not available despite heavy advertisements. Private sector engineering and medical colleges are meeting the same fate.

*The control, development and regulation of education should be vested with an independent newly constituted EDUCATION COMMISSION OF INDIA having separate wings under it to deal with schools, colleges universities , medical /engineering/management/accounting and professional / specialised institutions and all existing legislations should be merged and consolidated in to three laws :1. THE EDUCATION LAW OF INDIA 2. UNIVERSITIES ACT OF INDIA 3. SPECIALISED EDUCATIONAL INSTITUTES ACT OF INDIA

* The following different, scattered and piecemeal laws and acts on education should stand repealed:1. Reformatory School Act, 1890 2. Banaras Hindu University Act, 1915 3. Indian Medical Degrees Act, 1916 4. Aligarh Muslim University Act, 1920 5. Indian Nursing Council Act, 1947 6. Dentist Act, 1948 7. Viswa Bharati act , 1953 8. University grants commission act 1953 9. Indian Medical Council Act, 1956 10.All INDIA Institute of Medical Science Act, 1956 11.Delhi Primary Education Act, 1960 12.Institute of Technology Act, 1961 13.Indian Medicines Central Council Act, 1970 14.Architects Act, 1972 15.Delhi University Act, 1972 16.Homeopath Central Council Act, 1973 17.Delhi School Education Act, 1973 18. University of Hyderabad act 1974 19.Central Agriculture University Act, 1982 20.Indian Veterinary Council Act, 1984 21.Indira Gandhi National Open University Act, 1985 22.Moulana Azad Urdu University Act, 1986 23.All INDIA Council for Technical Education Act, 1987, 24.National Institute of Pharma Education Act, 1988 25.Assam University Act, 1989

Page 91 of 184

26.Nagaland university act 1989 27.Baba Saheb Bhim Rao Ambedkar University Act, 1994 28.Mahatma Gandhi Hindi Vishwa Act, 1996 29.National Council for Teachers Education Act, 1999 and several others.

* SIMPLIFICATION OF OFFICIAL HINDI FOR WIDER USE IN OFFICIAL CORRESPONDANCE AND GENERAL USAGE: The present official Hindi is over sanskritised making it difficult to pronounce and write in official correspondence and records. I should be simplified to the maximum level and it should grow, enrich and expand by inclusion and use of common English words like engineer, director, general manager, photo copy, train, bus, phone, reference, serial number, record, institute, court, transport, travel, judge, police, inspector etc and such words should be allowed to be written in Hindi script to make it more acceptable and to encourage its use in official correspondence. Hindi has served a great national cause, it is widely understood and spoken across the country and is the actual link language for most Indians, a unifying force and hence must be given due respect and greater acceptability. Even anglicised senior officers of all spheres have to speak Hindi while communicating with junior, clerical or subordinate staff. Hindi is indispensable in the country and hence should be treated with respect and dignity and its use must be encouraged.

17. THE INDIAN DEFENCE, PARAMILITARY AND CENTRAL POLICE FORCES: Indian armed forces are rightly held in highest esteem and respect by citizens. They are brave, patriotic, highly disciplined and dedicated towards their duties and are our only saviours and hence must get their legitimate dues and must be paid handsomely and liberally. How can a soldier whose family is economically distressed guard our borders and fight with the enemies to secure our lives? In fact a separate and dedicated PAY COMMISSION should be formed for fixing their remuneration, privileges, facilities, perks and post retirement benefits and to provide for the families of martyred soldiers. The serious and highly neglected problem of depleted and obsolete stock of armaments (Almost half of fighter planes have been lost in crashes during training in the last 3 decades, Aging war ships and submarines, old Russian made tanks and no fresh procurement of modern heavy guns since 1984 when swiss bofor guns were bought) should

Page 92 of 184

get the most urgent attention and action of the govt. National security comes ahead of everything else.

There are at present almost 26 different Acts on this subject and to simplify the same; these acts should be merged in to three Acts:-

(A) INDIAN ARMED FORCES ACT; In substitution of the following acts namely; a. Indian Reserve Forces Act, 1888 b. Indian Rifles Act, 1920 c. Indian Soldiers Litigation Act, 1925 d. Assam Rifles Act, 1941 e. Armed Forces (Emergency duties) Act, 1947 f. Air Force Act, 1950 g. Army Act, 1950 h. Army & Air Force (disposal of private property) Act, 1950 i. Commander-in-Chief (change in designation) Act, 1 j. Reserves & Auxiliary Air Forces Act, 1952 k. Indian Naval Armament Act, 1923 l. Naval & Air Craft Prize A m. Armed Forces (Special Powers) Act, 1958 n. Armed forces (Punjab and Chandigarh) special powers act 1983. o. Armed forces ( J&K ) special powers act 1990 p. works of defence act 1903 q. Fort William act 1881

B. INDIAN BORDERS SECURITY ACT; To subsume and consolidate the following acts namely; A. Border Security force act 1968. B. Coast guard act 1978. C. Indo Tibetan border police force act 1992 D. Territorial Army act 1948 C. INDIAN INTERNAL SECURITY FORCES ACT; to subsume the following acts; a. Central reserve police force act 1949. B National Cadet corp act 1948 c. Civil defence act 1968. d. Central industrial security act 1968/1999

Page 93 of 184

e. Railway protection force act 1957 /1985 Remarks: It is sad to know that instead of consolidation of these acts; the government is contemplating of bringing another act namely Aviation Security Force Act . 18. INTERNAL SECURITY MANAGEMENT COMMISSION An independent authority vested with all necessary powers called THE INTERNAL SECURITY MANAGEMENT COMMISSION OF INDIA (ISMC) should be constituted to preserve, oversee and control the internal defence of India with following duties, functions and powers :I. II. To prevent, detect and combat terrorists both external and internal.

To requisition and take the services of police, CRP, industrial security force, NCC cadets, home guards, Indian coastal guards, BSF and Indo Tibetan police and in extreme cases of Indian armed forces as per necessity and at its sole discretion . To prevent, detect and arrest the foreign spies operating in India. To detect and arrest Indians operating in India as spies of foreign countries. To detect, prevent and/or to timely crush the communal and cast based riots. To detect and arrest people involved in leaking defence secrets of India. To detect and arrest people attempting to destroy public and government properties. To crush and demolish Naxalism completely with full might, by directly coordinating with police and armed forces, in the event of naxalites remain adamant in their unreasonable and unacceptable demands and refuse to have a peaceful amicable settlement and truce with central government within the ambit of Indian constitution. The institution of Intelligence Bureau should be disbanded and its officers and staff should come under ISMC and the latter will also select and recruit it s own intelligence officers and will post at least 4 officers in each district and in adequate numbers in cities and towns. The director general of police of every state will be duty bound to submit a monthly report to ISMC covering briefly every important news, acts,

III. IV.

V.

VI. VII.

VIII.

IX.

X.

Page 94 of 184

activities, material and adverse developments and happenings in his state having direct link with the internal security of the country with preventive actions taken by him and his recommendations for action. XI. The Head of CID of state police will also submit a monthly report to ISMC on the same lines.

19. POLICE REFORMS:a. All existing legislations regarding police force, both of central and state governments should be repealed and merged into one and consolidated central law called THE INDIAN POLICE ACT. b. There is no justification or necessity of states having their own police force and governed by separate states law. The entire Police personnel should be called INDIAN POLICE and just for identification purpose their badge should read as Indian police (West Bengal), Indian Police (Delhi), Indian Police (Maharashtra). c .The selection, appointment, and recruitment of all Indian Police officers up to the rank of Inspector should be done by an all India Independent and constitutional body called Police Commission of India who will constitute state level State Police Commission and the latter should be the Authority for selection and Recruitment of All Police forces below the rank of inspector .ALL NEW IPS OFFICERS MUST UNDERGO ONE YEAR OF FULL TIME TRAINING IN THE POLICE ACADEMY BEFORE BEING POSTED. d. All transfers, postings and promotions of police force should be done by the Police commissions of India without any political or external pressure or influence after due consideration of the recommendation of state government in this respect but with no bindings. Transfer of officers or policemen should be made mandatory after 3 years and frequent transfers should be avoided as they are not only highly inconvenient and expensive but also demoralising. e. The duties, responsibilities, powers, authorities, functions and the related rules and procedures, remuneration, allowances, increments and facilities of police force should be common and uniform throughout the country and should be fixed by the police commission. THE POLICE FORCE MUST BE WELL PAID AND WELL LOOKED AFTER AND THEIR INDEPENDENCE FROM POLITICAL INTERFERENCE MUST BE ENSURED AND RESPECTED. f. 45 minutes of daily exercise / physical activity, regular practice in use of service arms, medical and fitness test once in 6 months should be compulsory for all police personnel irrespective of rank . Every policeman must be compulsorily provided a leave of 21 days for rest and recreation once in 6 months.

Page 95 of 184

g. All police officers above the rank of sergeant must have expert level knowledge of criminal laws and procedures and below these ranks a fairly good knowledge of the same. The police department must be provided a full fledged legal cell consisting of highly experienced lawyers for help and assistance in booking charges and finalisation of charge sheets against the accused to plug any loophole that may lead to their let off during trial before courts.

h .EVERY FIR MUST BE REGISTERED /RECORDED IN COMPUTER AND A COPY OF THE SAME SHOULD AUTOMATICALLY GET TRANSMITTED IN THE CENTRAL COMPUTER AT POLICE HEAD QUARTERS TO ELIMINATE ANY SCOPE OF ITS CHANGE OR TAMPERING AND A COPY THEROF MUST BE PROVIDED INSTANTLY TO THE COMPLAINANT.

i. It is a common grievance that police stations refuse to accept and acknowledge written complaints out rightly or without the prior permission of SHO ; the easy solution for such grievances is to make it mandatory for the local post office to receive and acknowledge such complaint letters without postage and ensure its delivery to the police station instantly on the same day and this mode should be made legally valid.

J. The police force must be provided modern and effective weapons by scrapping age old arms and suitably trained to use them.

k. To nab a criminal or culprit; the jurisdiction barrier should be removed and police should have full authority to nab or arrest any criminal outside its jurisdiction without informing or taking the consent of local police within or outside the state .

l. Special funds should be provided for modernisation/renovation and computerisation of all police stations with provision of new furniture, almirahs, hangers for uniforms/caps and for keeping the service arms. The policemen even today have to keep and store their uniforms in old tin suitcases. The conditions of lock up rooms need urgent improvements with provision of at least a fan and a toilet.

Page 96 of 184

If funds are a constraint; every SHO should be empowered to make a budget of such renovation works in consultation with his officers and to collect a temporary police tax from the people/businessmen within his jurisdiction. Surely people will cooperate in this constructive work in their own and society interest.

The following central police acts should be consolidated in to one act:a. Police Act 1861 /1888 b. Police Agra act 1854 c. North east provinces police act 1873 d. police act 1861/1949 e. Police (incitement to disaffection) act 1922 f. Police forces (restriction of right) act 1966 g. Delhi police act 1960/1978 . h. Madras district police act 1859 . i. Calcutta police acts 1856/1861 and 1866 j. Bombay police act 1951

20. DEVELOPMENT AND REGULATION OF VILLAGES, A NEW POST

OF VILLAGE DEVELOPMENT OFFICERAND ISSUE OF FRESH OWNERSHIP CERTIFICATES FOR LAND AND PROPERTY HOLDINGS.
* Real and inclusive growth of India cannot take place until its more than 500000 villages are developed and well governed. One block development officer is absolutely inadequate to control, manage and supervise between 35 to 60 villages normally under his jurisdiction. * For effective management, development and regulation of villages an additional post of village development officer (VDO)under state civil services should be created with a jurisdiction of not more than 5 to7 villages. * The qualification, duties, functions, powers and authorities of the VDO and his office are annexed at the end of this writ-up.

Page 97 of 184

*The major and top priority works in villages are provision of public toilets in sufficient numbers, provision of drinking water by boring a deep tube well, lifting the water to an overhead RCC Reservoir and distributing the same through a net work of pipelines at different points, making the lanes pucca, cleaning the village ponds, if existing, or digging new on the panchayat land, street lights , provision of one govt appointed and paid medical practitioner for every 5 villages, small library preferably in the local govt school . Construction of permanent halls for marriages and other social functions and medical diagnostic centres can come up in the 2nd phase

LAND REFORMS AND THE NEWLY PASSED RIGHT TO FAIR COMPENSATION, RESETTLEMENT, REHABILIATION AND TRANSPARENCY IN LAND ACQUISITION ACT PASSED IN PARLIAMENT ON 29.8.2013 :21.

* CADASTRAL EXERCISE AND ISSUE OF NEW LAND OWNERSHIP CERTIFICATES: The land records are in poor shape. It is difficult to exactly know who or a house hold owns how much and the nature of land whether arable, barren, dry or irrigated, benami or otherwise particularly if the land holding is large and scattered. The last cadastral (survey and mapping of land) was carried out during British period during 1940 and non after independence. The biggest reform in respect of land and property could be by carrying out cadastral across the country and issue of new Ownership Certificates/ Deeds as suggested in topic 18 as above. This job is gigantic in nature and size but is possible though it might take 5 years to get completed and must be accorded top priority for implementation. This exercise will once for all replace all old land and property titles and records continuing since ages.

* FARM LAND CEILING AS PROPOSED IN THE DRAFT LAND REFORMS POLICY 2013: It is estimated by the govt that 10% of Indians hold 55% of total land and 60% of the population only holds 5% of the total land .It is proposed that land ceiling will be enforced whereby one individual or a house hold can only own and control 5 to 10 acres of land , if irrigated and 10 to 15 acres if the land is non-irrigated . The proposal is welcome as a very good socialist measure and

Page 98 of 184

much better and fruitful than the food security bill. Let this ceiling be enforced in letter and spirit as has been done in west Bengal and kerala and the extra land be redistributed amongst the landless. But before acquiring private excess land for distribution as proposed; let all state govts distribute their own land currently lying idle and unused with them .let the charity begin at home . Let the right of the tenant (actual cultivator of land) be also recognised and enforced. The maximum land which a religious or charitable organisation can hold can be restricted to 25 acres but for industries, aqua farms or plantations there should be no ceiling provided the land is actually put in to use. The Benami land should be identified and forfeited by suitably changing and effectively enforcing the Benami transactions (prohibition of the right to recover property) Act 1989. * The unused barren and uncultivated land estimated at 1.77 crore hectares must be made cultivable by providing irrigation/bore well facilities to boost farm produce and/or used for industrial/commercial/residential/public purposes.

* CONSOLIDATION OF LAND HOLDINGS: To help and encourage consolidation of scattered land holdings of individuals; the government should completely exempt stamp duty and registration fees in respect of lands exchanged between willing farmers / land owners and may also announce some other incentives.

* FARMERS ARE AWARE THAT FACTORIES CAN BE SET UP ON LAND ONLY: Though some of the politicians may not understand but most Indian farmers do understand their dependence on the use of factory manufactured products be it fertiliser, diesel, kerosene, match boxes, sugar, garments, cement, steel, cycles, motor cycles, agriculture implements, TV sets, shoes, books or so on and so forth including buses and railways. They also have the sense that factories cannot be set up in the sky or in the Arabian Sea and most importantly they know that their land values have shot up steeply, benefitting them, only due to rapid Industrialisation/infrastructures building that took place in the country from 1999 to 2010.

* Hence in case farmers are willingly selling their land at mutually negotiated price for industrial use; the local politicians should neither discourage/obstruct them nor stand as wall of china between them and prospective industry and the change of land usage should be effected automatically or in a hassle free manner.

Page 99 of 184

* However if the proposed private industry is in utmost national interest; the government should have had the power to intervene, if 70% of the land owners (as against 80% as provided in the bill) willingly agree in writing to sell their land at mutually negotiated price; by compulsory acquisition of the balance 30% of the land from the dissenting owners in order to ensure continuity of the land. The % of willing land owners, however, for publicprivate projects have been rightly kept at 70%.

* GOVT MUST HAVE HAD ABSOLUTE POWERS OF LAND AQUISITION FOR PUBLIC, INFRASTUCTURE AND DEFENCE PURPOSES:The new act should have bestowed unchallengeable powers and rights to central and state governments to acquire land for public purposes such as Roads , Railway, hospitals, ports, canals, connecting of rivers, electrical poles /substations/grids/power plants, educational institutions, police stations, courts, defence purposes and defence production, important government offices etc with compensation amount of twice the actual market value (and not based on circle rate), but the new act prescribes no such powers of acquisition unless the completion of social impact assessment studies, vetting by a panel of experts and followed by rehabilitation and resettlement process and this entire exercise will consume not less than 2 years and hence it is feared that govt projects will get unduly delayed. Luckily and wisely; the land acquisition for urgent purposes of national security, defence and linear road and rail projects have been exempted from this lengthy and cumbersome procedure.

* THE PARADOX BETWEEN MARKET RATE AND CIRCLE RATE OF LAND TO BE ACUIRED: The compensation for rural land has been pegged at 4 times the market value which is proposed to be based on the prevailing circle rate( The rate as fixed by the sub registrar for imposing and charging registration fees). Here the problem is that while in rural areas the circle rate is generally 40 to 50% lower than the actual market price; the same is either equal to or much more than the market value in urban areas. Hence this anomaly requires to be removed by refixing the circle rate in rural areas at 10% discount to the actual prevailing market rate and pegging the compensation at maximum 3 times this new rate. And in urban areas the compensation should be 2 times the refixed actual market price irrespective of circle rate.

Page 100 of 184

BETTER OPTION WILL BE TO CONSTITUTE A PERMANENTCOMMITEE OF MULTIPLE MEMBERS REPRESENTING VARIOUS STAKEHOLDERS FOR EACH STATE TO ASSESS ACURATELY THE MARKET VALUE OF LAND PROPOSED TO BE AQUIRED AND THEN TO FIX THE COMPENSATION ACCORDINGLY.

* LEASEHOLD GOVT INDUSTRIAL LAND IN DESIGNATED INDUSTRIAL ESTATES/ZONES LYING IDLE DUE TO CLOSURE OF FACTORIES:A big chunk of industrial land in industrial areas developed and leased out by respective state industrial infrastructure development corporations is lying idle either due to closure of factories for economic or other reasons or the lessee having failed to set up the factory. This idle land can be easily reput to use if the laws and rules are changed by allowing the existing lessees to re-lease the same to other willing entrepreneurs at mutually settled rate without the intervention/interference of the lessers and by dismantling the present system where the lessees (who are virtually the quasi owners having have paid the land consideration amount equal to market rates when they had taken the land from these state institutions but are dubbed as lessees instead of freehold owners of land) are firstly not authorised to sell/transfer the land without getting the highly time consuming process of getting the consent from these state institutions and secondly not entitled to get their original consideration value back and on the other hand these institutions charge and collect the entire consideration value in full at the current prevailing prices from the new entrants/transferees . This system is grossly unjustified and not acceptable to any one and as a result a very big mass of useful industrial land is most unnecessarily lying idle or under litigation. HENCE URGENT NEED BY STATE GOVTS TO CHANGE THE RESPECTIVE LAWS IN THIS REGARD WITH THE CAVEAT THAT THE NEWCOMER CAN USE THE LAND ONLY FOR INDUSTIAL PURPOESE.

* QUICK UTILIZATION/ MONETIZATION OF GOVT LAND BANKS LYING IDLE:The vast tracks of lands owned by central or state governments should be identified and used for industrial/ housing or other productive purposes or else the same should be monetised. This will increase government revenue and the extra supply of land will help in lowering the land prices which have sky rocketed.

* THE ADIVASI AND TRIBAL LAND: -The ban on sale of land by Adivasis and Tribals is highly discriminatory. The prices of all lands including those owned by Adivasis and tribals have gone up steeply. There is no justification or

Page 101 of 184

logic why Adivasis and tribals should be deprived of the right to sell their lands, in case they want to monetise it for useful purposes such as house building, repayment of borrowings, business purposes or marriage of children etc. This change will also enable release of extra land for commercial and industrial use. Similar rights should also be conferred upon people living and owning lands and properties in Himachal Pradesh, Uttarakhand and Jammu etc. who cannot sell their landed properties to people of other states and hence their properties remain undervalued. They should have the right to discover the actual market value of their landed properties.

* The Urban Land Ceiling Act, passed in 1976 was correctly repealed in 1999 but few states like Andhra Pradesh, Assam, Bihar and West Bengal are yet to repeal this act. The earliest they do, faster will be the development of housing by unlocking land trapped under this unnecessary act.

* UNIFORM REGISTRATION FEES AND STAMP DUTY FOR PROPERTY TRANSFERS: The registration fees and stamp duty on transfer of land and properties must be same and uniform throughout the country and with automatic data transfer to municipal bodies so that the mutation could be done by the latter automatically and the associated fees could be recovered from the buyer by including the same in the annual property tax bill .

* With the passing of the new land acquisition act; the following existing acts and laws on this subject should have been repealed:i. ii. iii. iv. v. vi. vii. viii. Land Improvements loans Act,1883 Land Acquisition (Mines) Act, 1885 Land Acquisition Act 1894, 1962, 1967 Petroleum Berar act 1937 Requisitioned Land compensation Act 1949 Waste Lands (claims) Act 1863 Requisition and Acquisition of immovable property act 1952 State acquisition of lands for union purposes (validation) Act 1954 ix. Bihar land reforms law 1969 x. National highways act 1956 should be repealed and merged with national highways authority of India act 1988. xi. Petroleum and minerals pipe (acquisition of right of user land) act1962

Page 102 of 184

xii. Resettlement of displaced persons (land acquisition) act1948 xiii. Coal bearing areas acquisition and development Act 1957/1971. xiv. Works of defence act 1903 xv. Cantonment act 1923/ 1942 /1957 xvi. Special economic zones act. xvii. Ancient monuments and archaeological sites and remains act 1904/1958. xviii. Damodar Valley Corporation act 1948.

22. REORGANISATION OF RBI, CONSOLIDATION OF PUBLIC SEC-

TOR BANKS, REGIONAL RURAL BANKS AND CREATION OF DISTRICT CENTRAL COOPERTIVE BANKS IN EVERY DISTRICT OF INDIA AND CONSOLIDATION OF NUMEROUS BANKING AND FIANCIAL ACTS :-

* CONSOLIDATION OF PUBLIC SECTOR BANKS : There are at present 26 public sector banks in the country including subsidiaries and associates. It will be better that all existing PSU banks including state bank of India are merged and consolidated into 6 Banks as under:A. B. C. D. E. F. Central India Bank Ltd. North India Bank Ltd. South India Bank Ltd. West India Bank Ltd. East India Bank Ltd. North Eastern India Bank Ltd.

The above Banks should be constituted by re-distribution of existing bank branches to avoid multiple presences in the same area and the state bank of India along with all its subsidiaries should stand liquidated and merged into the above entities. The initial cost of such consolidation will pay back handsomely in short period in terms of better efficiency, lesser operational costs and scale of operations besides other benefits s. These six consolidated banks will emerge as world class banks in size with enough fire power to effectively and efficiently compete not only with private sector and foreign banks but also generate healthy competition among them-selves. As all PSU banks are presently listed on stock exchanges with public/FII/DII holding; the latter have to be given

Page 103 of 184

fresh shares in new consolidated banks as per their choice in appropriate ratio with a suitable exit route for unwilling shareholders. Note: The idea of giving banking licence to Indian posts is brilliant and must be expedited as through this institution in one single stroke banking facility will spread to all corners of the country and without extra capital or establishment cost.

* RESERVE BANK OF INDIA AND DILUTION OF ITS FUNCTIONS: RBI was constituted by British way back in 1935. It could be renamed as BHARAT KENDRIYA BANK. It has to perform multiple and numerous functions single handily and is extremely overburdened despite having one full time Governor and 4 Deputy Governors. It may be better if some of its secondary functions as under are devolved upon a separate Banking Commission of India; a. Regulation and control of the functioning of commercial banks . b. Issue of fresh banking licences. c. Regulation and control of chit fund and Nidhi companies, money circulating schemes, regional rural banks. d. Regulation of micro finance companies. e. Regulation and control of non banking finance companies etc. * AND MOST IMPORTANTLY REGULATION OF MONETARY POLICY AND REVIEW OF INTEREST RATES MUST BE BY A SEPARATE INDEPENEDENT AND AUTONOMOUS COMMISSION * The supremacy and veto powers of RBIs GOVERNOR in respect of changes and fixation of bank rate , Repo , Reverse Repo , CRR and SLR rates at periodical intervals should be diluted and must be decided with the majority votes of all 22 members of board of directors if a separate commission as suggested above is not constituted . * The repo and reverse repo rates should be one and same. The CRR should either be abolished or it should be interest bearing and not free. * The RBI ACT of 1935 has become complex and obsolete and hence it should be modernised, redrafted and re-enacted and its new name could be BHARAT KENDRIYA BANK.

Page 104 of 184

* The various and scattered laws on banks and financial institutions as under should be consolidated in to two laws namely INDIAN BANKING ACT and INDIAN FINANCIAL INSTITUITIONS ACT by repeal of following separate acts; Bankers books evidence act 1891. Agriculturist loans act 1884 Banking regulation act 1949 IDBI bank act 1964. State bank of INDIA act 1955 State bank of INDIA (subsidiary banks) act 1959 State bank of Hyderabad act 1956 State associated banks act 1962 Exim bank act 1981 National housing bank act 1987 Regional rural banks act 1976 SIDBI Act 1989 Banking Companies acquisition and transfer act 1970/1980 State financial corporation act 1951 Unit trust of INDIA act 1963 Recovery of Debts due to Banks & Financial Institution Act, 1993 Securitization and Reconstruction of financial Assets and Enforcement rules 2002

* CONSOLIDATION OF MULTIPLE REGIONAL RURAL BANKS a. There were 83 REGIONAL RURAL BANKS operating within the country, out of which 25 have already been merged in to 10 banks and now the number of such banks stands at 68. Efforts can be made for further consolidation for better, convenient, economical and efficient working of these regional rural banks.

Page 105 of 184

b. DISTRICT CENTRAL CREDIT CO-OPERATIVE BANKS. There are a total of 632 districts in the country excluding 8 under union territories; but DCCB have been founded and operating only in 371 districts. States like Assam, Arunachal, Manipur, and Meghalaya. Mizoram, Nagaland, Tripura, Sikkim, Delhi and Goa have no DCCB. Himachal Pradesh has 12 districts but only 2 DCCB, UP has 75 districts but has only 50 DCCB and so on.

Every district of the country should have a district central cooperative credit bank with its operations confined within that particular district , so that these DCCB could provide loans to thousands of primary cooperative societies which are doing an excellent job by providing credit/loans to farmers directly and indirectly by way of Kisan Credit cards.

23. POPULATION REGULATION AND CONTROL:The population of India has grown from 33 crores in 1947 to around 121 crores as on 31.3.1911. During the last decade alone India added 18 crores to its population. The annual population growth rate is 1.4 % net of deaths. The country with limited land area (Only 2.4% of the world surface area but accounting for 17.5% of world population), rivers and limited natural resources simply cannot afford uncontrolled growth of population. The government and media has played a significant role in educating people on this vital issue with some success ; but now the time has come to take some hard and coercive measures along with some incentives as under :

INCENTIVES 1. FOR COUPLES UNDERTAKING TO RESTRICT TO ONLY ONE CHILD: - Provision of preference in Government and Private Jobs, Special Rebate of 10% in income tax, 10% subsidy in medical and hospital bills, one LPG cylinder in two months at a discount of Rs. 200 and 10% concession on train tickets etc could be provided for couples giving affidavit that they will restrict their family to a single child. In case of violation; the beneficiary couple will not only lose jobs but also the special incentives and will be slapped with a monetary penalty of Rs 100000 /- .

Page 106 of 184

NOTE: In china the fine for 2nd child is 24725 Yuans in cities and 10747 in rural areas and in addition the child is disentitled from registration and authorised education.

PENALTIES 1. Couples producing 3 children will lose their government jobs. 2. Couples producing 4 or more children will also lose subsidised food, LPG, kerosene, and fertilizer subsidy and not eligible for loans from banks and institutions. 3. Couples producing more than 5 children will in addition; also forfeit the voting rights. 4. How illogical and absurd is that some people will produce multiple children without taking the consent of govt and thereafter will say we are poor and ask the govt to provide them subsidised or free food ,health ,education etc. This utter and unbearable nonsense must end. Almost all people are aware of family planning/control methods and means and hence they cannot plead ignorance and also cannot take the plea that children are the gifts of god. It is the duty of every citizen to restrict the size of family.

24. HEALTH COMMISSION OF INDIA:-

The major functions of this independent constitutional authority shall be as under:* To draw and put in place a suitable drugs policy of India in substitution of existing drug policy. * To redraw a list of life savings, Essential and important drugs and medicine and regulate and fix the upper ceiling of their prices on a reasonable basis keeping in view the legitimate interests of industry and retailers; to insure their availability at reasonable and affordable prices to public and to replace the existing laws namely drugs and cosmetics act, 1940, drugs and magic remedies (objectionable advertisement) act 1954, drugs (control) act 1950 and drugs (prices control) order 1995 with one single consolidated legislation.

Page 107 of 184

NOTE: - The government by officially notifying 348 essential medicines on 17.5.2013 through drug price control order 2013 has taken a welcome step in this respect. * Offering gifts in every form to doctors by pharmaceutical Companies should be made a criminal offence to discourage doctors prescribing expensive and unnecessary medicines to patients in a biased way. Doctors prescriptions should be in the form of an invoice cum receipt, serially printed in a book form and a copy must remain with the doctors for the verification of tax men so that they do not evade taxes on their income. Doctors in the country are the most protected, privileged and effluent fraternity. The upper limit of doctors fees should be suitably prescribed taking in to consideration their education level , seniority and experience. * To compile the list of life savings and other important medical tests and operations and to periodically fix their upper cost and to effectively curb the malpractices and extortionist tactics of private hospitals, nursing homes, testing clinics and pathological labs, most of them including many Doctors have become heavily commercialised and are on a virtual looting spree. * Its a common but highly unethical practice for the testing clinics, pathological labs and private nursing homes to pay hefty commission of 20% to 30% to concerned Doctors obviously at the cost of patients and this is the main reason why many Doctors prescribe and insist on multiple but unwanted pathological and diagnostic tests .

THE GOVERNMENT WILL DO A GREAT SERVICE TO THE PEOPLE BY MAKING PAYMENT OF COMMISSIONS TO DOCTORS A CRIMINAL OFFENCE.

* JUNIOR DOCTORS FOR RURAL AREAS:Most MBBS doctors are unwilling to serve in the rural areas . Hence a shot term course of 2 years should be introduced to create junior doctors mandated only to practice in the rural areas but with no right to perform any major invasive operation. * To give such advises, instructions and directions to Ministry of Health and department of pharmaceuticals as it deems fit and proper in the public interest.

Page 108 of 184

25. INSURANCE REFORMS: The insurance market is full of multiple companies and numerous kinds of policies ridden with extreme complexities (with policy agreement containing bunch of one sided printed terms and conditions in small illegible letters which policy holders are just made to sign blindly) with no uniformity in various charges, expenses, fees and agent commission and are laced with some different window dressed features but in reality they are essentially one and the same; better described as old wine in a new bottle; leading to utter confusion, misguidance, lapses of policies and financial losses to policy holders. Hence Insurance Regulatory and Development Authority (IRDA) should prescribe and permit only a limited types of need-based policies, uniformly drafted and constructed , easy to understand and with well defined objectives and reasonably priced with no ambiguities with stress on safeguarding the interest of policy holders and consequentially all existing policies should be compulsorily converted in to new prescribed policies as per the choice of the policy holder with provision for exit route to those unwilling to switch over. * The existing agent commission should be minimised/rationalised and it,s payment system should be reversed from descending to ascending order so that older the policy, more is the agents commission and better is the service of agent. Presently the initial agent commission is very high and for subsequent years it is nominal and as such in most cases after selling /forcing the new policy with endless persuasions and gimmicks; the agent does not care for subsequent premium payments and in most cases the agent simply elopes and the duty of timely payment falls on the policy holder; while the agent continues to get his commission automatically without doing anything. * Moreover the agents keep changing companies and their profession, leaving the policy holders in lurch and to take care of their policies themselves. During 2012-13, Max life insurance paid hefty agent commission @9% totalling 614 cr and the policy holders investment gained merely 686 cr; thus agents were much better off than the Policy holders . Similarly the LIC also paid net agent commission of 6% of premium collected. Its simply too high and policy holders are the only sufferers. * It should be mandatory for insurance companies to mail half yearly statements ( also via SMS ); to all policy holders clearly stating relevant financial details, expenses debited head wise, the net value addition and bonus earned, current value of the policy and due date of next premium. Generally, the policy holders neither understand nor wish to know various technical analytical ratios such as Retention ratio, conservation ratio, persistency ratio etc as are mandatory for insurance companies to disclose and publish. They are more interested to know their net gains or loss.

Page 109 of 184

* In case the original agent has vanished; an employee of the insurance company should visit the policy holder for collection of premium and such intimation /reminder of premium payment should also be sent mandatorily by SMS. * In case of premium defaulted lapsed policies; it should be incumbent upon the insurance company to give a notice to the defaulting policy holder to pay his arrear premiums within a specified period; failing which the policy should be cancelled and the surrender value should be automatically credited to the bank account of the policy holder. Presently the insurance companies keep enjoying the funds relating to lapsed policies and do not pay the surrender value to the policyholders unless claimed and pursued . * The biggest inconvenience is in respect of general insurance where the policies are issued only for one year contract basis, even if the insured wants it for longer period by advance premium payment. This system results in lapses of policies, delayed renewal of insurance , unnecessary annual paperwork and documentation along with other associated formalities and of course payment of premium every year. * The IRDA should seriously look in to this matter and find a solution by suggesting the govt to effect necessary changes in the law to eliminate this annual ritual, wastage of time and energy. The premium amount for subsequent years can be calculated based on discounted cash flow method and adjustments in amount of premium for claims or no claims can be done periodically.

* Under the present system of only one year policy; the worst sufferers are the millions of vehicle owners who have to undergo the hassles of renewing the policies each year as first party insurance has become mandatory and violation invites fines and penalties by RTO and traffic police .

* Misuse of health cover policies by unscrupulous hospitals:Many of the Unscrupulous private hospitals purely running on commercial lines are misusing and abusing the medical insurance by giving instructions to their in-house or OPD doctors to advise and prescribe the medically insured patients unnecessary several clinical and lab tests and to force the patients to get admitted in their hospitals with a view to squeeze money .This process obviously put the patient to unwanted mental and physical torture. Now here comes the role of third party administrators (TPAs) who are engaged by the insurance companies to settle the medical bills with an advice to formers to refuse or reduce the claim amount on various grounds. No doubt such TPAs are suitably rewarded and incentivised by the insurers. This malpractice of hospitals and to

Page 110 of 184

safeguard the actual and genuine patient; the way out could be to make rules that opinion of two independent doctors should be obtained mandatorily before the insured patient is subjected to various diagnostic and clinical tests and before admission in to the hospital provided the insurance company pays for the consultation charges of the doctors. Moreover the insurance companies may employ their own permanent doctors who will monitor the patient to ensure that no malpractice is taking place.

The various act on Insurance namely; a. b. c. d. e. e f Insurance act 1938 , War injuries compensation insurance act 1943 Marine insurance act,1963, Public liability insurance act 1991 Insurance Regulatory and development Act 1999 ( IRDA) Life insurance corporation of India act 1956 General insurance business nationalisation act 1972/1985 Should be consolidated in to a new act called Indian insurance development and regulation Act which will cover all types of insurance and will also incorporate the provisions with respect to life insurance as contained in pension and bonus schemes act 1948, family pension act 1952, employees provident fund act, coal miners provident fund and post office life insurance fund.

SEBI, STOCK-EXCHANGES, COMMIDITY EXCHANGES, NON BANKING FINANCIAL COMPANIES, MUTUAL FUNDS AND IMMEDIATE BLANKET BAN ON RAISING DEPOSITS OR MONEY FROM GENERAL PUBLIC IN ANY AND WHATSOEVER MANNER BY ALL ENTITIES WITHOUT EXCEPTION :26.

SECURITY EXCHANGE BOARD OF INDIA (SEBI) a. The Institution of SEBI, set up in 1992, was a step in the right direction and was long overdue. It has greatly improved the operation and regulation of stock exchanges and capital markets in the country; but over the last 21 years; SEBI has introduced a total of 160 new or amending regulations beginning with SEBI (brokers and sub-brokers ) Regulations 23.10.1992 and ending again with SEBI (brokers and sub brokers) amendment regulations, 5.4.2013. The next amendment giving additional powers (Search & seizures, Inspections, calling for transcript of telephone calls etc) is already tabled in the parliament.

Page 111 of 184

b. No doubt SEBI needed to amend its various regulations in line with changing times and circumstances but in the process its rules and regulations, notifications and circulars have multiplied making them highly complex and difficult to understand and to keep track, even for professionals dealing with them regularly. Besides above regulations; the act itself is having 7 chapters and 35 sections and the act has undergone 98 amendments since inception. The various SEBI regulations should undergo review for simplification and deletions of in fructuous rules and provisions but with harsher provisions against malpractices and insider trading by placement of effective surveillance methods. C.The SEBI Act is more acts namely; further associated / complemented with 2

i. Securities contracts (Regulation) act 1956, with 31 sections and this original act has undergone multiple amendments under securities amendment Acts. ii. The Depositories Act, 1996 ( with 31 sections and hordes of subsections ) d. In view of above it is necessary that all the above acts and regulations are repealed completely and replaced with a new consolidated Act called INDIAN SECURITIES AND DEPOSITORIES REGULATION ACT; to be written briefly, in simple understandable language and excluding all unnecessary complexities, rules and unwanted formalities and the new Act can include powers (Search & Seizure, inspection of records and transcript of telephone calls etc.) recently vested with SEBI through ordinance.

e. Here under are some more suggestions on this subject: * All regional stock exchanges in India have become dormant and non functional as almost all business has shifted to BSE and NSE and hence the ongoing process of liquidation and winding up of these regional exchanges should be expeditiously completed so that their idle fixed assets are monetised and distributed to stakeholders and companies listed therein should be offered a chance of listing on Bombay stock exchange and their brokers should get an opportunity of BSE membership at a nominal fees. * The existing listing agreement with stock exchanges has become old and outdated and its clause-41 has undergone multiple changes and additions and therefore the entire listing agreement needs to be suitably redrafted. The listing fees structure also needs to be moderated and rationalised. Heavy listing fees along with numerous formalities and compliances together with heavy cost of publishing quar-

Page 112 of 184

terly financial results in newspapers are pinching the loss making companies. * The current period of compiling and publishing financial results every 3 months is too small and should be increased to 4 months (Preferably 6 Months). It will considerably reduce the hassles, burden of accountants and directors, wastage of money, time and energy of listed companies without adversely affecting the interest of investors and obviously a larger period will be more representative of the working and performance of the companies and will also negate wide swings in share prices every time the quarterly financial results are announced. E.g. Every quarter after declaration of financial results by Infoysis ltd; its market price swings from Rs 400 to Rs 600 and hence becomes a source for speculators to build up huge positions prior to declaration of results. * The tri-annual (or half yearly) financial results of a listed company must inter- alia include and state; 1. The book value per share calculated after excluding the value of (intangible and unproductive assets, revaluation reserves, amount of doubtful and unrealisable debtors, unsalable raw materials and finished stocks). 2. EPS without depreciation, exceptional items, deferred tax/assets and forex results. 3. High/low and average mean market price during the period. 4. The price earnings ratio based on last 18 months earnings and also PE Based on extrapolating the EPS of reporting period. 5. Debt equity and current asset ratio. 6. FII shareholding % 7. DII shareholding % 8. All materially significant matters and developments should be disclosed in bold letters in the notes on accounts in a most transparent manner. 9. Summary of assets and liabilities with debt amount in bold letters and its classification in Rupee loans and foreign currency loans. 10. Guidance of financial performance and outlook of the business/ industry in which the company operates for the next reporting period with brief mention of problems, difficulties and head winds faced by the Industry /business.

Page 113 of 184

11. Paid up capital suffixed by the word All unencumbered should be enough for companies whose shares are not encumbered and such companies need not follow the present lengthy format of disclosure, to save publishing cost in newspaper.

* UNIFORM PAR VALUE OF ALL SHARES: All listed shares should have only a uniform par value i.e. Rs. One or Rs. Ten per share. Different par values only confuse the investors / market operators and should not be allowed. Let the companys act be changed accordingly.

* ONE COMMON CONTRACT NOTE OR ONE SINGLE CONSOLIDATED STATEMENT:SEBI should introduce a system of issuing one single contract note or consolidated statement for each day of trade for the same client in lieu of existing system of issue of different contract notes for different stock exchanges and for different segments within the same stock exchange. The new version will be easy to compile, save unnecessary paper work, easy for client to understand his aggregate daily position and will also save paper and storage space and associated hassles.

* MODIFICATIONS IN THE TEXT OF DAILY SMS SENT TO BROKERS CLIENTS BY NSE and BSE: The present system of daily message by NSE and BSE directly to the clients informing them the details of their transactions is well conceived but the same can be made more fruitful and well serving if the message could also communicate the client about his overall net profit/loss position based on closing prices and outstanding positions on day to day basis.

* MULTIPLE TAXES/ CHARGES ON SHARE TRANSACTIONS: The NSE / BSE are charging multiple taxes and fees from the market participants ( Most of whom are either speculators or day traders ) and stock brokers as under which need to be reduced/ rationalised and consolidated in to just two taxes :1. 12% Service Tax on Brokerage 2. Education Cess on the said Service Tax 3. Transaction Charges

Page 114 of 184

4. Education cess on transaction charges 5. Stamp Duties by terming Share Transactions as contracts instead of mere transactions of buy and sell. 6. Security Transaction Tax (STT). 7. Turnover Tax. 8. Over and above; the broker has to pay V.Set charges of Rs.2 lac per annum and another 2 lac for fixed lease line to the respective service providers.

* COMMODITY EXCHANGES AND FOREX DEALINGS: The multiple commodity exchanges operating in the country are not doing any productive work; rather these have become virtual dens to speculate and gamble in commodities by persons who have no actual knowledge or experience in those commodities and most of them have probably never ever seen those commodities physically with their own eyes (e.g crude oil). These exchanges are not helping in discovery of the rightful and actual prices of the commodities and on the contrary are distorting the market prices due to heavy speculation, upside or downside, and in the process are greatly harming the respective industries. Example; A downstream aluminium or copper or cotton industry owner who is compelled to buy his raw material based on prevailing prices on commodity exchanges runs the heavy risk of wild fluctuations by the time he process the raw material in to finished stock for sale. Hence it is better to completely ban all commodity exchanges (Basically gambling dens) or else the condition should be that participants have to be the actual users/ consumers in their respective industry. A similar ban on speculating in foreign currency should also be imposed or else it should be restricted only for actual importers or exporters of goods and services. How and why speculation should be allowed to actors who have no connection with foreign exchange in real life. The other way to stop or curb the speculations is by imposing 100% margin on exposure taken. The recent Busting / failure of National Spot exchange, which intentionally permitted bids more than the actual underlying physical stocks and ultimately faced a payment crisis of 5600 cr to 148 member brokers representing 13000 participants, should be an eye opener not only for regulating agencies but also for the govt and participants. Lets learn lesson and mend. Interestingly in this phiasco/scam no one knew which govt department should own the responsibility or carry out the subse-

Page 115 of 184

quent investigation and action viz. Forward market regulator or ministry of consumer affairs or ministry of finance or SEBI or enforcement directorate or serious fraud investigation office or super regulator called Financial stability and development committee set up by and working under the ministry of finance? What a mess and sordid affair? At last when nothing happened; the economic offences wing of the Bombay police had to step in and take charge.

MUTUAL FUNDS: * The mutual funds keep devising and constructing too many schemes, most unnecessarily, which only confuse the investors and also put unwanted extra management burden not only on AMC/ fund managers but also on regulatory agency. All existing multiple and numerous equity schemes therefore should be considered for consolidation in to the following fixed types of schemes with exit / switch over facility to existing investors:a. b. c. d. e. f. g. h. i. j. k. Nifty fund Sensex fund large cap fund Mid cap fund large-mid cap fund (50 :50) Small cap fund Mid-small cap fund (50:50) large-mid-small cap fund (50:25:25) NSE top 100 stocks fund NSE top 250 stocks fund BSE top 500 stocks fund

* BAN ON SECTOR SPECIFIC SCHEMES: Sector specific schemes should be banned. Investment in one single sector is highly risky, howsoever smart and knowledgeable the investor and fund manager may be. If anything goes wrong with that particular sector; the investor will lose very heavily. Let eggs be scattered instead of putting all in one basket. Just see the massive value erosion (40% to 65%) of metal, realty, infrastructure and banking stocks in the last few months up to 4.9.2013 albeit most irrationally and without any solid reason or ground.

Page 116 of 184

* MUTUAL FUNDS SHOULD BE PERMITTED TO INVEST ONLY IN SEBI APPROVED STOCKS: The SEBI should, after careful and thorough study and investigation, specify the names of listed companies under each category (large, medium and small) in which mutual fund managers should be authorised to invest and with a maximum ceiling per company and this list should be reviewed every 6 months. Let investors money be protected to the maximum extent possible. The fund manager should be prohibited in investing in SEBI prescribed negative list consisting of penny stocks, illiquid stocks and companies having history of violation of stock exchange/SEBI rules and regulations, mismanagement, diversion of fund raised in IPO and companies having proven past tainted record.

* MOTHLY SMS TO INVESTORS BY MUTUAL FUNDS: After every month; the fund house should compulsorily send an SMS to the investor stating the NAV on the first day and last day of the month, the total number of units to the credit of investor and its market value as on the last day of the month and stating the net gain/loss for the month or should send a letter to this effect to the investor. The present system of publication of detailed financial datas every quarter by the fund houses is not of much use, as generally investors have neither time nor patience to go through this bulky material and most investors cant read it as the same are published only in select business newspapers. Such publications only enrich the print media, is waste of investors money and an unnecessary burden on fund houses and for their accounting staff. At best the same should be published once in a year but communication of monthly performance through SMS should be mandatory.

* DEBT BASED SCHEMES:Debt based mutual schemes should also be reorganised and restructured on the same lines. Just imagine IDFC AMC alone is having at least 93 different kinds of confusing and unnecessary debt and fixed maturity plan schemes. All AMCs should adopt uniform and common basis of valuation of debt securities.

Page 117 of 184

* RELIEF TO SMALL AND FAMILY CONTROLLED PVT LTD NON BANKING FINANCE COMPANIES (NBFC COMPANIES) FROM RBI CONTROL : Under section 45-1A of RBI ACT 1934, no NBFC company, whether PVT LTD OR LTD and whether it has accepted deposits from public or not; is allowed to do its normal business of financing, giving loans or investments in shares or securities unless it gets registered with RBI and has at least a net worth of 2 crores and any violation invites a jail term up to 5 years and fine up to Rupees five lacs. i. The main purpose of this regulation was to prohibit and restrict fraudulent companies from accepting deposits from members of ordinary public unless they met with the required stipulations , criteria , minimum net owned funds , rating by credit rating agencies etc ; so that public is not defrauded and cheated and their deposits remain relatively safe and are repaid with interest as per pre agreed terms but with no guarantee of safety of such deposits either by RBI or Central government or any other agency . ii. This new regulation effected from 1999 has severely and most unnecessarily adversely affected the normal working of thousands of small family controlled private limited companies with limited shareholders and with not a single paisa deposit raised or accepted from public and have burdened them with numerous regulatory hurdles and unnecessary formalities . iii. While regulation and stringent control of the functioning of large NBFC companies having public deposits; is most necessary in the interest of society but such regulations in respect of small private ltd. companies numbering 12104 (Registered with RBI as on 30.11.2012) and thousands of others not registered with RBI; is absolutely uncalled for as these companies have not accepted or taken any deposit or money from public. iv. By exempting these vast number of companies the RBI will not only lighten the burden of these companies but will also save its own man power engaged in regulating / monitoring these companies a most purposeless and wasteful exercise . Such exemption should be granted with a condition that these companies will not accept any deposit whatsoever from the general public and each year a certificate to this effect should be obtained from the Auditor and sent to RBI .

ACCEPTANCE OF MONEY IN ANY FORM FROM PUBLIC VIZ. INTEREST BEARING DEPOSITS U/S 58 OF THE COMPANIES ACT, MONEY CIRCULATING AND COLLECTIVE INVESTMENT SCHEMES (BY WHATEVER NAME CALLED) BY INDIVIDUALS, OTHER ENTITIES, CHIT FUNDS, NIDHI COMPANIES ETC. SHOULD BE PERMANENTLY BANNED .

Page 118 of 184

LACS OF PEOPLE PARTICULARLY LOWER MIDDLE CLASS AND POOR HAVE LOST THOUSANDS OF CRORES IN THE HANDS OF DISHONEST AND UNSCRUPULOUS PERSONS THROUGH SUCH SHODDY/PONZI/FRADUELENT/ DISHONEST SCHEMES AND METHODS. ENOUGH IS ENOUGH. GOVERNMENT MUST NOW ACT TUFF. THE GENUINE PROMOTERS/ENTITIES CAN GET LOANS FROM BANKS AND INSTITUITIONS ON MERIT BASIS BY PROVIDING ADEQUATE COLLATERAL SECURITY. WHY PUBLIC MONEY SHOULD BE ALLOWED TO BE COLLECTED AND THEREAFTER LOOTED AND PLUNDERED?

27. INDIAN POSTS, BROADCASTING, WIRELESS COMMUNICATION, CINEMAS AND CABLE TELEVISION NETWORK. One single consolidated act called Indian posts, broadcasting and communication Act should substitute the following acts: 1. 2. 3. 4. 5. 6. 7. 8. 9. Indian telegraph Act 1885 Indian post office Act 1898 Cinematographic Act 1918 /1952 Indian wireless telegraphy Act 1933 Telegraph wires (unlawful possession ) act 1950 Prasar Bharati Act 1990 Cable television networks regulation act 1995 Telecom regulatory Authority of India act 1997 Information technology Act 2000

28. INDIA TELECOMMUNICATION SECTOR: (PROBLEMS & SOLUTIONS) * The introduction of wireless mobile phones and its opening to the private sector has brought a revolution in India with largest Subscribers base (895 millions) in the world next only to China. * The Credit for this revolution goes to Major players in this sector namely Bharati Airtel, Vodafone, Idea Cellular, Reliance communication, Tata Indicom and BSNL by providing World class services and facilities to their consumers at cheapest rates in the world * Unfortunately due to high onetime fee for spectrum allocation and then separate charges on spectrum usage, license fees plus revenue sharing with the

Page 119 of 184

government and added burden of service tax, lowest tariffs due to steep competition and higher interest cost, these companies have lost their profitability and have saddled them with huge debt and interest cost. * The mobile telephone service has virtually become the lifeline of the country and a necessity. Unfortunately the financial health of these companies is deteriorating steadily due to above reasons and intense interference by govt, politicians, Department of telecommunication (DOT) and Ministry of Telecommunication with no clear cut policy leading to stalled rollover of 3G and 4G services. Burden of court cases, CBI enquiry, and impositions of unnecessary or heavy demands and penalties of app 20000 cr, the tax demand from vodafone is extra. Result is that out of the existing 10 operators only 4 are making operating profits. If this position continues it will only lead these companies to near bankruptcy in the long run. It is high time the government should take care of their problems and pains. DOT HAS NO RELEVANCE AND THIS DEPARTMENT SHOULD BETTER BE ABOLISHED. The best solution is that the government should charge one time entry fees and then provide them free spectrum , no license fees, no special taxes and levies and with a common single licence to operate and provide services on pan Indian basis by dismantling of existing separate telecom circle system and in substitution thereof govt should only have revenue sharing agreement with them on an equitable and fair basis and this changed system will benefit govt on the sound logic of Higher the revenue of these companies, higher will be the governments share. It will be a much simpler, hassle free and effective system wherein both parties stand to gain. * MERGER OF MTNL WITH BSNL- Not long ago these two companies were highly profitable. However partly due to their inefficiency and partly due to their incapability to compete with the private sector coupled with high fixed rental for landline phones; both are now in deep red (The accumulated loss of BSNL as on 31.3.2013 was whopping Rs 24680 cr and that of MTML was Rs 13760 cr). Apparently there is no solution to their woes. How long the government can survive them by budgetary support? However the following solutions can be experimented. a. Immediate dissolution of MTNL and its merger with BSNL to cut Administrative costs. b. Reduction of rental for fixed land line connections by half to discourage further surrendering and encourage restoration of surrendered connections, leading to higher volumes and higher revenue. c. Immediate monetisation of all the extra and surplus land and fixed assets of both the companies, including hiving off of their tower business and leasing / renting out of their surplus manufacturing facilities for microwave towers and sim cards etc to private parties .Reduction or consolidation of their existing telephone exchanges, if technically feasible, could become a major cost cutting measure.

Page 120 of 184

d. BSNL is heavily overstaffed and is currently having over one lac employees with annual salary bill during 2011-12 of Rs 13406 cr constituting virtually half of its annual revenue and hence needs to retire its surplus staff by offering a suitable voluntary retirement scheme.

e. Since BSNL and MTNL are prestigious institutions of the nation and they had revolutionised the telecommunication sector in the country during 1990 to 2000, prior to entry of private sector; the government may continue to support them through budgetary grants and should also refund them Rs 11260 Cr that these companies paid in 2008 for spectrum but which was later surrendered back to the government. f. The most practical solution, however, is that government should sell off 49% of its stake in BSNL and MTNL to private sector through auction process; while retaining the majority ownership with proportionate representation in the Board of Directors while leaving the day to day management to the private party though in the current scenario it is doubtful if any private party will take interest.

29. FORESTS AND WILDLIFE: i. A single consolidated Indian forest and wild life act should substitute the following various acts:Madras forest act 1859, Elephant preservation act 1879, Indian forest act 1927, Forest conservation act 1980, Forest rights act, Wildlife Indian Animals protection act 1912 Wildlife (protection) act 1972/1991. ii. The ownership, control, management and regulation of forests should come directly under the central government and states should neither have any right nor any interference with forests. iii. The GO and NO GO rules of ministry of environment and forests has created havoc and should be substantially diluted to allow quicker exploitation and production of essential minerals particularly coal, iron ore and lime stone reserves located underneath the forests.

Page 121 of 184

SINCE AGES; PEOPLE IN MIDDLE EAST ASIA AND SUB-SAHARA AFRICA HAVE LIVED AND SURVIVED WITHOUT FORESTS. WE WILL ALSO SURVIVE EVEN IF SOME FOREST AREA IS USED FOR MINING PURPOSES. THE COUNTRY SIMPLY CANT AFFORD EXPENSIVE MINERALS IMPORT WHEN WE HAVE HUGE UNTAPPED RESERVES UNDER FOREST LAND. The punishments for killing wild life should be less stringent (heavy penalties but no jail term). Are we not slaughtering million of chickens, Goats, cows, fish and pigs for human consumption?

30. REFORMS IN RAILWAYS:i. The financial health of Indian Railways has been battered by highly subsidised passenger fares due to political considerations and no meaningful rise in last 10 odd years despite continuous increase in the operating costs of railways particularly salary and fuel. ii. The rate of freight in case of five major industrial goods namely, coal, iron ore, cement, iron and steels and cement has already gone through the roof and it is still revised upward every now and then to bail out railways at the cost of these industries and end consumers . iii. The disparity between passenger fare and freight rates is highest in India at 0.25 to 1.00 as against 0.90 to 1.00 in China and 1.2 to 1.00 in France. The ratio of passenger fare in railway revenue is just 28% while it is 72% for goods freight. iv. In last 10 years while passenger fares have gone up only marginally; the goods freight rates have been increased substantially and frequently. The Railway Ministry has developed the habit of increasing the goods freight rates anytime and multiple times between one railway budget and the next. The freight rates were increased by whopping 20% on 6.3.2012 and 5% on 26.2.2013 and 2% from 1.10.2013. The entire brunt is being felt by the Power Plants and Industries. This populist but highly damaging policy against the health of railways cannot continue forever and hence the passenger fares need to be increased in line with increased running and administrative costs of the railways. Fresh recruitment in railways should be stopped or be made only if most necessary. V. The task of revision of railway passenger and goods freight should be assigned to an independent constitutional agency called THE RAILWAY COMMISSION OF INDIA. This commission should also be interested with the task of deciding the postings, transfers, promotions of senior most officials of railways and railway board members to effectively curb any scope of manipulation and

Page 122 of 184

corruption as came to the lime light when the nephew of the outgoing Railway Minister was arrested on similar charges forcing former to resign from his post. Vi. The railways should fast monetise its idle and surplus lands and properties through outright sale or lease on auction basis. This land can be utilized by its vendors for manufacturing wagons, axles, wheels etc besides for other uses residential, commercial or industrial. Vii. Rail connectivity with coal and iron ore mines should be increased on priority basis and shortage of wagons should be met by increased orders on Indian manufacturers or by import. Due to overall depressed world economy particularly of Europe and Japan, this is the right time to import wagons at economical rates despite weak Rupee against Dollar. viii. The running of passenger and goods trains should be allowed to private sector (JUST LIKE OPEN AIR POLICY) subject to their own investments in buying passenger and goods trains, employing its own staff for running the same and the railways should charge them a suitable fees for using its rail lines, yards, repairing workshops, railway stations, fixed infrastructures just like Airport authority of India.

Ix .The wreckage of accidentally damaged rail coaches / wagons dumped on the sides of rail lines at many at many places throughout the country should be auctioned off. The scrap dealers will be too happy to buy and dispose them off.

x. One single consolidated law Indian railways Act should replace the following existing multiple laws:-

a. b. c. d. e. f. g.

Indian railway board act 1905. Railway (local authorities taxation) act 1941. Railways companies act 1951. Railway property (unlawful possession) act 1966. Railways employment of armed forces acts 1965. Metro railways (construction of works) act 1978 Railway protection force act 1957/1985

Page 123 of 184

h. Calcutta metro railways act 1985. i. Railways claim tribunal act 1987. j. Railways act 1989.

31. FAST TRACK DEVELOPMENT OF HOUSE BUILDINGS & REAL ESTATE DEVELOPMENT:With increasing population year after year and faster urbanisation; the Indian metros and all other cities need millions of houses/flats every year and this can be possible (Apart from monetary and financial considerations) if all impediments in the way of house buildings, real estate construction and infrastructure are removed. Any promoter/developer in India typically requires scores of under noted consents, approvals and NOC from various agencies for this purpose and these formalities are more or less same throughout the country with some deviations here and there.

A. Obtaining of Ownership Certificate/Non encumbrance from revenue department with time requirement of 15 days. B. Approval of building layout from the municipal corporation/municipality/development authority with minimum time requirement of one month along with payment of requisite fees at the specified rate per sqmt and this procedure mandates approval of survey office and site inspection by the concerned engineers. C. Getting the building permit by paying scrutiny fees per sqmt. And also development charges. These charges are almost double for commercial constructions. This process takes almost 45 days as the application file moves from one executive to another. This building permission is issued with list of NOCs which the promoter/developer must obtain separately from various government department and agencies and the final clearance is accorded later on only after obtaining NOCs and after due compliance of specified conditions which are usually as under :1. Non Agriculture Permission from revenue department with cumbersome and time taking procedure (Normally minimum 3 months) 2. NOC from tree authority committee of the municipal corporation

Page 124 of 184

(Time 30-50 days, cost Rs. 4000 per tree) 3. Clearance from Storm water and drain department (Time 15-30 days with payment of scrutiny fees.) 4. Clearance from Sewerage (Time 15- 30 days) 5. Clearance from Hydraulic department 6. Clearance from Environmental Department (Debris Management) from Ministry of Environment/ State environment impact assessment authority (Time required 3 months to one year) with specified charges depending upon the size of the project. 7. Consent to Establish & Operate from State pollution control board for environmental compliance including Sewage treatment plant (time 2 months). 8. Ancient Monument Approval from Archaeological survey of India (Time 6 months) 9. NOC from Airport Authority of India (time 3 months) 10. Clearance from Traffic and Coordination department (Time 30 days) 11. Fire clearance (Time 30 days with fees @ per sqmt.) 12. Structural Plan Approval 13. NOC from the electrical department (Time 15-30 days) 14. Obtaining commencement certificate for construction one for up to plinth level and other for beyond the plinth level 15. Bore well approval from Central ground water authority (60 days) 16. NOC from Coastal Zone management Authority if the site is near coastal area. (Time 6 months) 17. Permission for excavation and payment of royalty under the Mines and minerals Act 1957 (15 to 30 Days) 18. Approval for common facilities like water, electricity And tele communication and DG set 19. Permission for Road access from PWD/NHAI (Time 60 days) 20. Approval for lift and escalator (Time 40 days) 21. NOC for Electrical transformer 22. Registration as Principal Employer under Contract Labour Act 23. Obtaining Occupancy certificate (Time 60 days)

Page 125 of 184

24. Obtaining building completion certificate To encourage faster and speedier development of house building/ real estate development; all the aforesaid rules, procedures, approvals etc. should be suitably reduced/ exempted/diluted with a fixed time frame for each such rule, consent/NOC/ permission (with provision for deemed clearances wherever there is inordinate delay) and should ideally be through the mechanism of SINGLE WINDOW PERMISSION/CLEARANCE.

32. MOTOR VEHICLES, TRAMS, COMMERCIAL VEHICLES, AIRCRAFTS AND MARINE VESSELS:i. Trucks, goods carriers and tourist buses should have the facility of plying throughout the country without any restriction subject to obtaining All INDIA permit with reasonable fees, with provision of onetime payment for 5 years if the owner so desires . Presently all India permit is granted but it is taken by the owners only for few states due to prohibitive pan India permit cost. ii. The present hassle free system of one time (whole life) payment of road tax for motor cycles and scooters in many states should be made mandatory throughout the country. iii. For motor cars, commercial and transport vehicles; the payment of road tax (And also insurance premium ) for initial 5 years calculated on discounted cash flow method should be made mandatory so that owners are spared from the hassles of annual renewal and wastage of time and energy. The facility of such payment for 10 years or whole life should also be provided subject to the choice of the owners. iv. LIMITING THE TRAMS: - Electric Trams have now become out dated, are slow moving and occupy a fixed part of the already limited size of city roads and should be considered for closure maintaining only a symbolic presence. The logic that trams are non polluting does not hold good; as handful of trams cannot mitigate or prevent the pollution of a city where millions of gasoline fuelled vehicles are plying and polluting the atmosphere. The large land banks of the tram company should be monetised to pay compensation and dues of the employees. This will increase supply of land in city for useful purposes. The government cannot be allowed to pay for the continued losses of Tram Company indefinitely out of tax payers money.

v. BAN ON LOCAL UNIONS OF TRUCKERS: -

Page 126 of 184

The localised unions of truckers (unauthorised and unsolicited ) formed near the mines head and also adjacent to the big industrial units forcing them to employ only unions vehicles at their own arbitrarily fixed higher freight rates than the prevailing market rates; are causing great harassment, lawlessness and have virtually become a tool of extortion thereby forcing industry and users to pay higher freight cost and in the process spiking the inflation and losses to the industries . Such local unions should be completely banished and removed by force and should be declared illegal, being most unsolicited and undesired groups of handful of truck owners and drivers. This extreme nuisance and blackmail must end and what pinches most is that complaints against these so called unions get no redressal from the local police and administration. Only one association or union should be allowed in one state and the same should put up their genuine grievances to the state government, if any, and to the central government through their All India Apex body. vi PRIVATISATION OF AIR India LITD : Air India is a total flop. It just could not withstand competition from private air lines despite protection from govt of India due to its inefficiency, mismanagement, no authority to retrench the aging and surplus staff, no efforts of cost cutting, surplus inventory of air crafts bought through highly expensive loans, failure to change according to changing times etc. It has lost Rs 34635 cr from the year 2007 to 2013, has a debt of Rs 46500cr besides vendor dues of Rs 5500 cr. Govt has provided it a bailout package of Rs 30000 crores over a period of 9 years But how long tax payers will keep funding this inefficient organisation Better will be to try to privatise it by finding a suitable suitor preferably an Indian. The house of Tatas is the best suitor as they are planning to enter aviation sector in joint venture with Singapore air lines. vi. One single consolidated law called INDIAN TRANSPORT AND GOODS CARRIERS ACT should replace the following existing laws; Coasting vessels act 1838. Calcutta pilots act 1859 State carriages act 1861 Carriers act 1865. Hackney Carriage Act 1879 Indian tramways act 1886/1902 Inland vessels act 1917.

Page 127 of 184

Road Transport Corporation act 1950. Motor vehicles act 1986 Aircraft Act 1934 Airport authority of India act 1994. Central road fund act 2000. Merchant shipping Act 1958

33. AGRICULTRE AND FOOD GRAIN PROCUREMENT AND DISTRIBUTION * Agriculture plays a very important role in our country as not only it provides employment to majority of people, directly or indirectly, but also feeds 125 crores stomachs. The existing set up of ministry of agriculture , is perhaps deficient to deal with such vast sector of Indian economy and may be considered for reorganisation as under for better and efficient management and for taking quick, timely and appropriate decisions and actions :i. Minister of Agriculture (Cabinet rank and independent charge of only wheat and rice assisted by two full time secretaries one for wheat and one for rice) ii. Minister of Agriculture (Minister of state with independent charge of maize, corn, millet and sugarcane) iii. Minister of Agriculture (Minister of state with independent charge of pulses, oil seeds, cotton, jute, silk and horticulture) iv. Minister of Agriculture (Minister of state with independent charge of tea, coffee, cocoa, coir, coconut, cinchona and rubber) vi Minister of Agriculture ( Minister of state with independent charge of fruits, vegetables, dry fruits and spices ) vii .Minister of Agriculture ( Minister of state with independent charge of Animal husbandry, dairy farming, poultry , Bee farming, meat , fisheries and sea foods viii. Minister of Agriculture (Minister of state with independent charge of development of Godowns for storage of wheat, Rice, cotton, seeds, etc and cold storages for fruits and vegetables).

Page 128 of 184

viii. Minister of Agriculture ( Minister of State with independent charge on research of agriculture science , development of high yielding seeds for crops, vegetables and fruits, research on animal husbandry, dairy farming, poultry farming and fisheries ). Note: The existing staff of secretaries, additional secretaries, joint secretaries, under secretaries and other officers could be assigned to the above ministers appropriately. * The annual ritual of increasing the minimum procurement price (MPP) of Wheat, Rice and Sugar must come to an end, unless it is most necessary and unavoidable. Political considerations should not affect this decision. How can the food inflation be controlled if MPP keeps rising year after year. Most prosperous countries like Japan, USA, and UK are having inflation rate of 0 to 1.5 % while Indias food inflation rate is +10%. * It is most deplorable that while FCI godowns are flooded with wheat and are now stored in open space, serving as free food for rats, cats, dogs and birds; while millions in the country sleep without full two meals . As on 31.3.2013, the FCI had a grain stock of 60 million tons which is 3 times more than the required quantity. Wheat stock was 24 million tons and rice stock of 35 million tons against requirement of 7 and 14 million tons respectively. What a sordid affair and mismanagement and all at the cost of citizens money. The cost of Wheat flour (Maida), raw material for bread, biscuits and bakeries, went up from Rs.14 per kg in June 2012 to Rs 21/- per kg by august 2012 and it is still at this elevated level due to shortage of wheat in the open market. Why the government or FCI is not releasing wheat to flour mills, private traders or for export without any restrictions? Arrival of rabi crop has further increased the stocks. Why this gross mismanagement? * The solution from this problem lies in allowing free trade in Wheat and Rice without any restriction subject to a ceiling of the maximum quantity which a trader can stock at a given point of time and full supply of wheat to flour mills by FCI up to their installed capacity. * To increase food and vegetable production the government should spend heavily on creation of irrigation facilities and water bore wells in rain deficient or drought hit areas ( with greater stress on Eastern U.P and Bihar ) . One time capital subsidy of up to 40% should be considered for new deep tube wells .The growth in farm output has dropped to 1.9 % during 2012-13 against 3.60 % in the preceding year and hence no scope for complacency. Let there be anoth-

Page 129 of 184

er green revolution by stressing on Eastern U.P, Bihar, Orissa and Jharkhand. * To store vegetables and fruits during the season avoid their scarcity and resulting in high prices during off season; the government should encourage setting up of cold storage on large scale ( each district to be adequately covered ) war footing by providing additional capital subsidy beyond the present limit of 20% and also by providing electricity at a special concessional rate. The present high cost of electricity is simply uneconomical for cold storages and private sector will not get enthused to set up cold storages unless there is clear cut national policy to provide power at affordable rates on pan India basis. Let there be a cold storage construction revolution in the country. The Agriculture minister confirmed in Rajya Sabha on 23.8.2013 that fruits, vegetables and grains worth 44,000 crores go waste annually due to lack of storage infrastructure. Huge avoidable national loss?

* TRIFURCATION OF MONOPOLIST FOOD CORPORATION OF INDIA FCI is a near monopolist organisation for procurement and distribution of wheat and rice leading to inefficiency, mismanagement and corruption. Just ask Rice mill owners in Punjab and Haryana and they will confirm that without paying graft it is near impossible to get paddy for milling from FCI and to get the milled rice back to FCI godowns. It is high time that FCI is bifurcated/ trifurcated into separate organisations so that they compete with one another leading to higher efficiency in operations, lesser mismanagement and corruption. The food corporation act 1964 should be suitably modified and re-enacted.

34. APPOINTMENT OF JUDGES, MODERNISATION AND RENOVATION OF COURT PREMISES, FIXATION AND LIMITATION OF LAWYERS FEES . 1. The Entire Judicial system including appointment of judges should be controlled and regulated by an independent constitutional authority called JUDICIAL AND LAW COMMISSION OF INDIA which should be free from all interferences, political or otherwise, and its members should include The President, Vice President , Prime Minister, Leaders of Opposition, Chief Justice of India and at least 10 retired supreme and high court judges besides at least 5 highly educated and experienced apolitical eminent Indians; although Indian Judiciary, particu-

Page 130 of 184

larly at high and supreme court levels, is doing an excellent job and is perhaps one of the best in the world and hence laudable .

2. THE PROCEDURE OF APPOINTMENT OF JUDGES : -The present collegiums system of appointment of supreme and high court judges by a panel of 5 supreme court judges , is erroneous and opaque ( non transparent ) and not fair as judges are appointing themselves A practice possibly having no parallel in the world. While keeping the independence of judiciary is most desirable for the country and the countrymen are proud of their judiciary; let the Honble Judges be appointed either by proposed JUDICIAL AND LAW COMMISSION OF India or otherwise by a committee consisting of The President, Vice president, Prime Minister, Leaders of Opposition of both houses, The Chief and 4 senior supreme court judges and 4 eminent citizens to bring transparency in the system and to ensure that there is no discrimination.

3. INCREASE THE NUMBER OF JUDGES: - The strength of the judges should be increased immediately and suitably to clear the huge backlog of court cases as fast as possible. The help of retired judges can also be taken on temporary basis.

4. RENOVATION AND UPGRADATION OF COURT PREMISES : - Many court premises in INDIA are in deplorable conditions with shabby looking old structures, old furnitures, crammed, no or inadequate computers, no planned computerised data storage system for pending and disposed off cases, inadequate sitting capacity for lawyers and persons interested in hearing of the cases, insufficient fans, lack of toilet facilities, lack of drinking water facilities, no proper and permanent accommodation for typists and vendors etc. Hence the court premises should be modernised, upgraded, renovated and equipped with modern gadgets by using the money collected as court fees. Let the court fees not go to the govt till this task is completed.

5. SEPARATE HIGH COURTS FOR CORRUPTION, TAXATION, AND MONEY RECOVERY MATTERS: -

To lighten the load of high courts; and to fast track the pending cases; the option of setting up separate high courts exclusively to deal in corruption related

Page 131 of 184

cases, taxes & duties of all kinds and recovery of loans and bad debts etc can be considered and implemented.

6. BRANCHES OF SUPREME COURT AT SIX CENTRES:The centralised Supreme Court at Delhi is highly inconvenient and expensive for people of distant parts of the country. The Supreme Court must have at least 6 branches located at Mumbai, Nagpur, Chennai, Kolkata, Allahabad and Guwahati. How it is possible for one Delhi based Supreme Court to take care of a vast nation of 1250 million people?

7. RATIONALISATION AND FIXATION OF LAWYERS FEES: The Lawyers and advocates fees has become most exorbitant and most arbitrary, with no government control or regulation, major part of the fees is generally in cash and not through banking channels, fees is generally taken on per hearing basis whether hearing takes place or not; all to the detriment of the clients. The quantum of fees charged by top Supreme Court lawyers have broken all records, it has become extremely expensive and most unaffordable. The fees structure needs to be regulated and rationalised and should be fixed case- wise irrespective of number of hearings involved and for the full tenure of the case till the verdict is announced and based on the experience and proficiency of the lawyer. 8. The civil cases involving an amount of say up to Rs.50 lacs should not be referable to Supreme Court and the verdict of division bench of high court should be final and binding on litigating parties.

35. REGULATION AND CONTROL OF FOOD STALLS AND HAWKERS ON CITY PAVEMENTS: * Their Exact number is not available but they have proliferated in large numbers in most Indian Cities particularly in metros with the connivance of agents of unions, police and civic authorities/ councillors by payment of HAFTA or Salami and have encroached upon and occupied major portion of footpaths particularly in business districts or near major Bazaars and hospital having high footfall and they have also formed their Associations.

Page 132 of 184

* On humanitarian grounds they deserve livelihood and sympathy; but frankly they are a privileged class as they have to pay no rent, fees or taxes of any kind. In Kolkata the position is worse; almost 80% of the total footpath space is occupied by hawkers leaving little space for pedestrians and walkers resulting in inconvenience and road accidents / casualties. * The Question is whether for the sake of hawkers who comprise only a small portion of the citys population; should rest of the citizens suffer and face great inconvenience though undeniably hawkers offer their goods and services at lower cost ?

POSSIBLE SOLUTIONS:* The abrupt removal of Hawkers is inhuman and will also cause social tensions and problems. Hence the State Government should instruct every police station to make a list of Hawkers under its jurisdiction with name, address and other particulars and the data should be sent to the concerned state ministry and civic Body for record and formulating rules such as : * The earmarking of No- Hawking Zones or roads * No permission near hospitals, schools, offices and other important estab lishments. * The maximum number of hawkers to be allowed in one area or road. * The maximum width of the footpath they can cover and maximum area which they can occupy etc. * Meanwhile since Government cannot remove Hawkers for political and social compulsions; let them be at least registered with municipal bodies for issue of identity cards with specific and permanent code number, imposition of trade license fee and fixed yearly vat with necessary changes in vat laws. * Hawkers should be persuaded and forced to buy steel fabricated smart looking, hygienic, well designed and painted VENDING CARTS or KIOSKS, mobile so that they could be wheeled away, with inbuilt provision of garbage bin to avoid littering; with shelf tops or colourful umbrellas to remove the present extreme shabbiness and to improve and beautify the overall looks of the cities. It should be made mandatory that hawkers /food stalls do not litter on the footpath and that they dispose off their own garbage at their own cost. * The Honourable Supreme court had advised the government during 2012 to enact a suitable law to resolve and reconcile the conflicting claims of livelihood by hawkers and free and smooth use of roads by commuters, but nothing happened till 6.9.2013.

Page 133 of 184

* The Government may device a scheme for their permanent rehabilitation by creating and constructing HAWKERS MARTS in sufficient numbers over a period of 4 to5 years by acquiring vacant or thinly populated premises/ buildings by arranging necessary finance from banks or institutions and leasing out the same to the hawkers at a reasonable monthly lease rent. * No fresh hawkers should be allowed and permitted under any circum stances. In any case any further proliferation of hawkers is by itself against the interest of existing hawkers. NOTE: The govt has at last passed the The street vendors (protection of livelihood and regulation of street vending) law 2013 in the parliament on 6.9.2013. All political parties supported the law as no one wants to lose the votes of footpath vendors. The act has now legalised street vending with provision for their protection, issue of identity cards and licences to save them from extortion by local goons, politicians and police.

How effective this law will; only time will tell. Extortion of street vendors will not stop unless there are awareness campaigns, and associations of hawkers strongly refuse to pay graft to these elements, hawkers take care of pedestrians by keeping sufficient space on foot path for their easy movement, restrict their area, do not litter, sanitize modernise and beautify their stalls, kiosks and hand carts and limit their height so that shops/showrooms behind them are visible and can also do business .

36. RELOCATION OF RELIGIOUS PLACES BUILT ON PAVEMENTS AND ROADS:-

THOUSANDS OF RELIGIOUS PLACES BUILT ILLEGALLY ON PPAVEMENTS/FOOTPATHS/ODD/S PLACES AND ALSO IN THE MIDDLE OF THE ROADS MUST BE RELOCATED AT PROPER PLACES OR SIMPLY DISMANTLED AND FRESH CONSTRUCTIONS OF THE SAME ON THESE PUBLIC PLACES SHOULD BE LEGALLY BANNED.

37. PROVIDENT FUND, ESI AND DEARNESS ALLOWANCE * PROVIDENT FUND:

Page 134 of 184

The rate of provident fund used to be 8% but has gradually increased to now 12% resulting in aggregate savings of almost 30% of the salary (Taking in to a/c identical employers contribution, 1.16% by government and 9% P.A interest earned on accumulated contributions). This quantum of forced savings is excessive and hence P.F contributions rate may be reduced to flat 10%. No withdrawal should be permitted during the initial 20 years as these contributions are meant primarily for marriage of children and financial security after retirement. THE GLARING AND SHOCKING FACTS ABOUT THE EMPLOYEES PROVIDENT FUND ORGANISATION (EPFO): * EPFO has a total of 30 million active members and 50 millions of inactive members. * EPFO has accumulated public money but does not even have the date of birth of almost 95% of its members. What a Tamasha? In absence of full particulars of contributing members how and on what basis pension amount and period of pension will be ascertained, computed and paid? (Note: Out of the 12% employees contribution, 8.33% goes to the pension fund as per scheme introduced in 1995) * 50 million inactive members and accounts are due to highly cumbersome procedure of changing ones PF account upon change of job. Hence people opt for a new a/c number with the new employer without linking the former with the latter. Many accounts with small money are lying dormant.

Why EPFO is not paying back this amount to the inactive members or to their legal heirs? They certainly owe an explanation? * The pension fund had a huge shortage of app Rs 53000 crores as 31.3.2009 primarily due to 2 years bonus on total pensionable period and computation of pension based on last drawn salary instead of average of last 3 to 5 years salary. HOW THIS GAP WILL BE BRIDGED? WHAT EXPLANATION AND SOLUTION EPFO HAS FOR THIS DEFICIT? * The present format of forms and returns for PF (Also of ESI) are old and outdated and need to be simplified and modernised and the rules should also be reduced and simplified to the extent possible. Thankfully now filing of the forms, returns and payment has been made on line through computer. * Every employee should be allotted one permanent personal code by EPFO for whole life and the same should be valid throughout the country irrespective of change of employer within or outside the state.

Page 135 of 184

* The provident fund is the only forced way of compulsory savings for employees and hence PF should be made mandatory even if there is a single employee under an employer and the present rule of its applicability to only those employers having a minimum of 20 employees should be dispensed with. DEARNESS ALLOWANCE OF GOVT EMPLOYEES: * DA to government employees (50 lac employees and 30 lac pensions) is revised upward every six months (Thanks to unstoppable food inflation) and after its hike by 8% in April 2013 and further hike of 10% (impact 10880 crores) announced on 20.9.2013; the total DA has gone up to 90% of the basic pay. * The present system of fixation and computation of DA as a separate item of payment based on consumer price index of industrial workers by pay commission may be considered for abolition by merger of DA with the basic pay effective say from 1.4.2013; and there after only inflation adjusted annual increments should be allowed as decided by the pay commission. * It is, however, not understandable why government employees are provided DA, while most of their counterparts in private sector have no such privilege nor do they have any grudge or similar demand and they continue to work based only on annual increments.

THE EMPLOYEE STATE INSURANCE: The management of ESI is complex for employers, employees and government because of complexity, hordes of formalities and shortage or non availability of medicines and doctors at ESI hospital and clinics. Both employers and employees are dissatisfied and uncomfortable with ESI system; as the employees derive no or little benefit out of it and at the same time it is difficult for government and ESI Corporation to effectively manage this scheme. The purpose could be better served without headache and cumbersome rules and formalities, if the ESI is replaced by suitably constructed insurance policies for conferring similar benefits to the employees. However, if ESI is to be continued; the relevant law must be redrafted based on high court and Supreme Court judgements as the present law has several ambiguities particularly in respect of clear description of types of factories /Establishments / employees covered under this Act e.g. ESI deductions have to be made and deposited even if an establishment hires temporary Masonars , painters, electricians , cleaners or sweepers etc to carry out repairs & maintenance work, whether for few days or few hours or payment of one time consultancy charges to an outside consultant ( other than lawyers or CAs fees ). It is

Page 136 of 184

nothing but utter nonsense and mockery of a law. How, these concerned temporary helps will get the benefits from ESI Corporation? Moreover, the ESI Corporation must ensure the presence of trained and experienced doctors and medicines in its clinics and hospitals and /or otherwise the expenses incurred by employee by taking these from outside must be reimbursable. There are so many other lacunas which must be suitably redressed and covered.

38 .OLD AGE PROVISION FOR DOMESTIC HELPS, SWEEPERS, GARDENERS AND PERSONAL DRIVERS:* Virtually every rich, upper middle class and middle class family in India is using their services depending upon needs and requirements. The official or non official data of number such employees are not available but their number run in to millions. * Normally these employees are well cared by their employers in terms of free clothes, food & meals, medical expenses, festival advances and bonus, help in marriage of children, annual leave and occasional tips depending from employer to employer and their level of benevolence . * However, this class has virtually no provision or savings to take care of their old age and it is difficult to device and implement a scheme for their old age due to their migrating nature and habit of changing employers and hence they are the worst sufferers during old age with virtually nothing to fend for themselves. * However a scheme may be devised and implemented for them whereby they and their employers both would contribute 7% of the monthly salary and the same shall get deposited every quarter in a separate bank account titled, say for example Vinod Kumar A/C Old age fund. The banks would be advised to open such bank Accounts without the formalities of pan number or KYC etc and only on the basis of voter card/ration card/ driving license and will be mandated to convert these contributions every quarter into a fixed deposit and the latter along with interest accrued there-on and supplemented by successive quarters contribution would be again fixed deposited and this process would continue. Under no circumstances this money would be allowed to be withdrawn before the employee attains the age of 55 nor should any loan be granted against it. The employee would be issued a passbook for his record and satisfaction. * However, introduction of this scheme, should in no way entitle the employee to form or join unions or associations and the employers right to terminate their job at his own discretion should remain intact with no statutory or panel

Page 137 of 184

liability or tax implications of any kind. Upon change of job; the new employer would deposit the contributions in the same bank account. To save time and hassles such contributions should be quarterly instead of monthly. The Bank pay-in slips should remain in the possession of the employee and not with the employer.

* Otherwise, govt may bring in law, compulsorily entitling these domestic helps to be covered under new pension scheme introduced by Pension regulatory development authority of India (PERDA).

39. HOTELS, RESTAURANTS, BARS AND PUBS:These service based establishments are of immense importance for Indian economy, in terms of providing facilities to Indian and foreign tourists and guests, contributions to government revenue, employment and earnings of foreign exchange. But just look, here under, how difficult, cumbersome, time consuming and expensive it is to establish and operate them in INDIA in terms of number of consents, licences and registrations required and number of taxes involved :Licences, consents and registrations required 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Permission from local police. Approval from fire department. Sanction of building plan and height Bar licence Trade licence Registration with shops & establishment dept. Blue print of the site plan, NOC from chief medical officer . Approval of water lines and sewerage Clearance from director of industrial safety and health. Consent for water and air pollution. Approval of garbage disposal and sewerage. Licence for power and electrical installations. Licence to play music in rooms, common areas and on special events. Restricted money changers licence Sanction of LPG and furnace Calibration of weights and measurements Food handlers licence Nomination under food adulteration act.

Page 138 of 184

20. 21. 22. 23.

Permission to open parlours and saloons within hotel. Declaration that parking area will be used for this purpose only Obtaining Hotel star classification from central government License for installing and operating lifts.

NOTE: ALMOST EVERY CONSENT, PEMISSION, REGISTRATION AND LICENCE HAS OFFICIAL FEES BESIDES PAYMENT OF SPEED MONEY IN MOST CASES TAX registrations and formalities: A. B. C. D. E. F. G. State excise authorities with numerous formalities, records and filing of returns. Registration for vat Service tax and luxury tax PAN and TAN number Registration with P.F. Dept. Registration with ESI Trade licence fees. We should salute the bold Indians who have set up and are running hotels, restaurants and bars in the country in the face of such stiff but avoidable numerous hurdles, obstacles , multiple licences, consents , permissions and of course multiple taxes. THE SOLUTIONS: a) The ministry of tourism of every state government (no need of separate ministry) should set up a separate department formed out of existing officials to provide a single window facility to the entrepreneurs to grant one single consolidated licence for opening a new hotel, restaurant, bar or pub by coordinating with the various agencies after taking all necessary informations /clarifications / supporting documents from the applicant and by charging a single lump sum licence fees . Such licence should replace all existing licences, consents and permissions and should be renewable once in 3 years upon payment of renewal fees, review and inspection. The single window should also have the responsibility of registration of the applicant with various tax departments under one roof. b) There is Urgent need to curtail and reduce the formalities, consents and permissions by repealing/changing the existing relevant laws on hotels, restaurants, bars and Pubs (mostly frame by State Govts).

40. ADMINISTRATION OF METROS, CITIES & TOWNS:-

Page 139 of 184

a. Most cities in the country are ill-managed and badly administered. b. For efficient and better maintenance , proper and regular cleaning of roads, footpaths , parks and markets and up gradation of civic amenities and beautification; it is necessary that only non-political citizens should be allowed to contest in the election for civic bodies as is the practice in many countries. The residents will take better care of their cities and towns than politicians. c. It is a common phenomenon that civic employees dont work full time for 8 hours as their jobs are secured and they cannot be dismissed but draw full salary and perks. Even among them; only sweepers and cleaners are more sincere and hardworking. d. The solution is that fresh recruitment in civic bodies should get highly restricted and increasingly the major job of sweeping, cleaning, dumping of domestic refuge at the designated yard etc should be handed over to private contractors zone/area wise and the tenor of each such contractor should be not more than 3 years with heavy penalty clauses for delinquencies. e. The life of bitumen roads is not more than 2 years and they require regular repairs and maintenance. The permanent solution is to convert all city/town roads in concretised cement ones (RCC ) in a phased manner over a fixed time frame of 5 to 7 years . The life of cement concretized roads is at least 20 years and they also do not require regular repair or upkeep. f. Public parks, Maidans, old monuments, libraries, old age homes, cremation /burial places etc in cities and towns are generally neglected and are not suitably and properly maintained by civic bodies. IDEAL SOLUTION: Under the new companies act; the body corporate have been mandated to compulsory spend 2% of their profits on charitable and social causes. Hence the senior civic officials preferably the Mayor or Mayor in councils should personally meet and persuade the Heads of body corporate of their respective cities and towns to take up these responsibilities on permanent basis. 41. AWARD OF BHARAT RATANS AND LIMITATION OF HOLIDAYS * All eminent Indians since the ancient times such as Lord Buddha , Lord Mahabir, Aryabhata , Chanakya, Bhaskaracharya, King Ashoka, Chandra Gupta Maurya, Prihtviraj Chauhan, Emperor Akbar, Maharana Pratap, Shivaji,

Page 140 of 184

Tulsidasji, Sant Kabirdas, Rishi Balmiki, Sant Ravidas, Guru Nanak Devji, Guru Govind Singhji, Ramakrishna Paramhansji, Raja Rammohan Roy, Bengal king & great warrior Seerajjudin, Tipu Sultan, Tantya Topey , Rani Laxmibai , Mangal Pandey, Bankim Chandra Chattopadhyay, Ishwarchandra Vidyasagar, Vivekanadji, Annie Besant, Balgangadhar Tilak, Munshi Premchand, Bhagat Singh, Birsa Munda, Rabindra Nath Tagore, Netaji Subash Chandra Bose, Khudiram Bose, LaLa Lajpatrai, Shri Ghansyam Das Birla, Shri Mahatma Gandhi, Shri Jamshedji Tata, Major Somnath Sharma, Havildar Abdul Hamid and all Paramvir chakra winners, Dr Bidhan Chandra Roy, Shri Lal Bahadur Shastri, Mohamad Rafi, Lata Mangeshkar, Raj Kapur, Dilip Kumar, Amitabh Bachhan, General Sam Manekshaw, General Jagjit Singh Arora, Dr Hargovind Khurana, Dr Homiji Bhabha, Baba Amti, Mother Terresa, Dr Amartya Sen, Dr Kurien Vergheese, Sri Atal Bihari Vajpayee , Sachin Tendulkar, Vishwanathan Anand, amongst others, should be declared as BHARAT RATANS in one go. * All of them including the already Recipients of such Awards such as Pandit Jawaharlal Nehru, Smt. Indira Gandhi, Sardar Ballabhbhai Patel, Dr Bheemrao Ambedkar, Dr Abdul Kalam and others should be felicitated, commemorated and revered on one single fixed day of the year preferably 15th August and an exclusive permanent hall or museum should be constructed for this purpose. * This suggestion is in larger national interest and there is absolutely no intention to hurt any particular person or communitys religious faith or sentiments. * All unnecessary and politically motivated public/ Government holidays should be scrapped. * The Independence and Republic days can be simultaneously celebrated and commemorated on 15th August.

* The NATIONAL HOLIDAYS should be restricted only for Ram Navami, Janam Ashtami, Diwali, Holi, Vijay Dashmi / Dussera, Muharram, the Id following the end of Ramzan, Gurunanak Jayanti, Christmas, Independence Day; and no more or any more. Country cannot afford to have large number of public holidays particularly when govt staff gets two days off in a week. * The computation of average actual working days for a state government employee is:Number of days in an year Less Sunday and Saturdays as full holidays Less earned leaves Medical Leave Less casual leave Less calendar holidays Actual working days 365 104 30 10 8 18 195

Page 141 of 184

PERCENTAGE OF HOLIDAYS TO TOTAL DAYS IN THE YEAR 46 % Yes, 46% holidays and still MERA BHARAT MAHAN?

42. SPORTS AND CRICKET: 1. Though there are 1050 Central Acts but there is no specific and effective legislation to promote, control and regulate sports in India except Sports Authority of India created under Indian Societies Act and hence a separate and effective legislation on this subject should be enacted to develop, promote and regulate sports in the country. 2. The Indian sports persons have achieved very little at International level particularly at Olympics in sharp contrast to China who has emerged as the top country in terms of sports beating even once mighty countries like USA, Russia, Germany and Japan. 3. Playing of Games at least 45 minutes each day in Schools and colleges should be made compulsory. 4. Politicians , businessmen and Industrialists should be banned from holding any kind of posts in sports associations / local bodies and the election of office bearers of the sports bodies should be made compulsory once in three years under the supervision of Election commission of India. The various posts of the Sports Bodies should only be held by the retired sports persons of the related game with a specific upper age limit. 5. Sports and games in India will not develop unless the players are monetarily incentivised with hefty prizes (say Rs 5 crore for winning a gold medal in Olympics) for those who win international trophies and medals with preference in government jobs and fixed salaries for those who are selected in the national teams of any particular game together with provisions of post retirement benefits. 6 A student who has topped in a game in the school tournament must be incentivised with a good monetary prize and also by of waiver of his tuition fees. 7. The inter- School and inter- College tournaments and competitions of games should be made compulsory with formulation of permanent committees for holding such games on regular basis. 8. RESTRICTIONS ON CRICKET:

Page 142 of 184

* The total dominance of cricket in games has greatly hampered the growth and development of other sports and games . * Cricket in India has become a menace and is no more a game; rather it has become a pure business for cricket associations, players umpires, commentators, television channels and sponsors. * And these vested interests have over the years systematically but most wrongfully propagated cricket as a passion and religion for Indians. Utter nonsense and a blatant lie. * Unlike in the past; the cricket in India is now played round the year without any break leading to waste of public money, time and electricity spent on televisions. The malpractices, betting and match fixing are rampant. Betting should either be declared legal or illegal. Its no point following the middle path. * It is in the best interest of the country to restrict the cricket matches only during winter months of November to January, with maximum of two series -- one domestic and one overseas and no more. * Immoral and dishonest practices including match fixing etc should be made a criminal offence. * But If large scale gambling in the form of trading in futures and options segment of stock and commodity exchanges, betting in Horse races and lotteries have been legalised and encouraged by the govts, to fill govt coffers; then why witch hunt for betting in cricket matches ?

* IPL has simply become a great Indian Tamasha, a pure business and a tool of extracting money from the public and wasting their valuable time.

43. DISTRIBUTION OF FINANCE BETWEEN CENTER AND STATES AND ASSISTANCE AND RELIEF TO THE HIGHLY DEBT STRESSED INDIAN STATES: A. Some of the Indian States are over burdened with high quantum of loans and debts for various reasons, right or wrong, and as on 31.3.2012 the absolute amount of their debts was as under :1. Maharashtra Rs. 2,53,000 Cr

Page 143 of 184

2. 3. 4. 5. 6.

Uttar Pradesh West Bengal Andhra Pradesh Tamil Nadu Karnataka And many more !

Rs. Rs. Rs. Rs. Rs.

2,44,500 2,15,000 1,53,800 1,32,500 1,01,700

Cr Cr Cr Cr Cr

B. The primary reasons for such high debts are high revenue and wasteful expenditure particularly on salary and allowance of state government employees, mismanagement and doling out of excessive subsidies and of course the burden of payment of high interest cost. C. Whatever the fault or default of these states maybe; it is the duty of Central Government to lighten their burden and provide them financial assistance through annual budgetary supports till such time their debts get reduced to a comfortable level. After all; these States are part of the Nation and their pain is everybodys pain. In terms of per capita loan Punjab is at the worst position. The State of Bihar being a poor and thickly populated State and having recorded virtually no growth from 1990 till 2000 certainly needs and deserves special assistance from centre government and the latter must do its duty. B. However these states must be cautioned and warned to be careful in future and cut down all their wasteful expenditures and stop recruitment of new employees except teachers and doctors and should immediately monetise their vast unutilized land banks and other unproductive assets.

44. REORGANISATION OF STATES AND UNION TERRITORIES: 1. India is having 29 states and 6 union territories with big states like Uttar Pradesh and Maharashtra and very small states like Sikkim and Goa all of them created and carved out on language basis. There are merits and demerits of states formed on linguistic basis. While Gandhi and Ambedkar were in favour of formation of linguistic states; Nehru and Sardar Patel were against it. 2. Historically smaller states like Goa, Punjab and Haryana have recorded higher and faster Economic, Agriculture and Industrial growth. Smaller states are easy and convenient to manage and administer but this theory is not universally correct. some smaller states in India have lagged in growth e.g Jharkhand; but this specific case is primarily due to gross mismanagement, poor and highly corrupt political governance an evil of highly fractured polity due to presence of 3 equally powerful political parties Congress, BJP and JMM and latter a habitual side changer and government puller to suit its own personal agenda. 3. Though there is no need to create more states but for the sake of better, easy and convenient administration and faster development following states

Page 144 of 184

may be considered for division after taking consent of the citizens of the respective states through votes ( And not the way the state of Andhra Pradesh has been divided recently giving rise to animosity and wide spread public unrest and chaos ) but with a caveat that inter-state trade and commerce should not suffer and there should be free movement of goods between states which obviously requires abolition of CST and uniform rates of vats across all states. * The state of Uttar Pradesh be divided in to Paschim Uttar Pradesh (capital Ghaziabad), Kendriya Uttar Pradesh (Capital Lucknow) and Poorvi Uttar Pradesh (capital Gorakhpur or Varanasi) * Maharashtra be divided in to Western Maharashtra (capital Mumbai) and Eastern Maharashtra (capital Nagpur) * Andhra Pradesh be divided in to Coastal Andhra Pradesh (capital Vizag/Vijayawada) and Northern Andhra Pradesh/TELANDHRA (capital Hyderabad) * Rajasthan in to Paschim Rajasthan (capital Jodhpur) and Purvi Rajasthan (capital Jaipur). * Tamilndu be divided in to South Tamilnadu (capital Madurai) and North Tamilnadu (capital Chennai) * Karnataka in to North Karnataka (capital Bijapur or a new city) and South Karnataka (Capital Bangalore) * West Bengal in to south Bengal (capital Kolkata ) and north Bengal consisting of Darjeeling, Jalpaiguri, Cooch Bihar, South and North Dinajpur with capital at Jalpaiguri Remarks: To end long standing, bitter and troublesome Gorkhaland impasse; there could be no harm in creating a separate Gorkha Pradesh , after all the country is already having small states like Goa, Sikkim, Meghalaya etc or otherwise the district of Darjeeling can be declared as Union Territory. It is certainly not in the national interest to antagonise the GURKHAS who have made supreme sacrifices for the safety and security of the country.

UNION TERRITORIES * Chandigarh under the direct control of central government has proved to be the best administered, progressive, neat and clean and beautiful city, though it was a brand new well planned city. * However, Chandigarh has witnessed huge expansion in terms of population in last two decades and can be considered for statehood with inclusion of Mohali and Panchkula on the lines of Delhi after taking public opinion and can continue to be the capital of Punjab and Haryana.

Page 145 of 184

* It is not a bad idea that all state capitals, while retaining this status, could come under the direct control, supervision and administration of central government for speedy development and beautification. Let there be debate on this issue in parliament followed by formal opinion poll through votes. If people favour this change; let it become a reality. * There is neither any justification nor any requirement to keep the separate name and identity of tiny union territories of Dadar and Nagar Haveli, Daman and Diu and the former should be merged with Maharashtra and latter with Gujarat. * A small piece of land named Yanon based in Andhra Pradesh ( 10 sq meter area near Godavari basin ) but under the jurisdiction of distant state of Pudicherry should be merged with Andhra Pradesh. * The new and appropriate name of union territories should be centrally managed Areas (CMA). * There is no logic or reason to have or to continue with more than 50 different central Acts on the subject of creation, division, reorganisation of states and demarcation of their areas ; particularly as many of such acts are absolutely redundant and moreover the basic objectives of such acts have already been achieved and there are no pending issues, disputes or claims . And hence only one single consolidated Act called Indian states formation, reorganisation and demarcation of areas Act should be enacted and the following different acts on this subject should better be repealed after providing for necessary safeguard and savings provisions in the new act :-

1. Absorbed Areas (Laws ) Act 1954 2. Acquired Territories ( Merger) Act 1960 3. Andhra Pradesh and Madras ( Alteration and boundaries) Act 1959 4. Andhra Pradesh and Mysore ( Transfer of territory) Act 1968 5. Anti-Apartheid ( United Nations Convention) Act 1968 6. Assam ( Alteration of boundaries) Act 1951 7. Assam municipal ( Manipur Amendment) Act 1961 8. Assam Reorganisation ( Meghalaya) Act 1969 9. Bihar Reorganisation Act, 2000 10.Bihar and Uttar Pradesh ( Alteration of Boundaries) Act 1968 11.Bihar and West Bengal ( Transfer of territories) Act 1956 12.Bikrama Singh Estate Act 1883 13.Bombay Reorganisation Act 1960 14.Boundaries Act 1847

Page 146 of 184

15.Boundary-marks, Bombay 1846 16.Broach and Kaira Encumbered Estates Act 1877 17.Capital of Punjab Development and Regulation ( Chandigarh Amendment) Act 1973 18.Chota Nagpur Encumbered Estates Act 1876 19.Civil defence Act 1888 20.Cooch-Behar (Assimilation of Laws) Act 1950 21.Dadra and Nagar Haveli Act 1961 22.Dehra Dun 1871 23.Delhi and Ajmer-Merwara Land development Act 1948 24.Goa, Daman and diu Reorganisation Act 1987 25.Haryana and Uttar Pradesh (Alteration of Boundaries) Act 1979 26.Himachal Pradesh and Bilaspur (New State ) Act 1954 27.Junagarh Administration ( Property) Act 1948 28.King of Oudh Estate act 1887 29.King of Oudhs Estate Act 1888 30.King of Oudhs Estate Validation Act 1917 31.Lushai Hills District ( Change of Names) Act 1954 (This district has already been converted into state of Meghalaya) 32.Madhya Pradesh Reorganisation Act 2000 33.Merged States ( Laws) Act 1949 34.Murshidad Act 1891 35.Murshidad Estate Administration Act 1933 36.Nagahills-Tuensang Area Act 37.North- Eastern Area ( Reorganisation) Act 1971 38.Oudh Estate Act 1869 39.Oudh Sub-settlement act 1866 40.Oudh Taluqdars Relief Act 1870 41.Oudhs Wasikas Act 1886 42.Partition of revenue paying estates 1863 43.Porahat Estate Act 1893 44.Kohima and Mokokchung Districts) Act 1988 45.Raipur and Khattra Laws Act 1879 46. Rajasthan and Madhya Pradesh Act 1959 47.State of Arunachal Pradesh Act 1986 48.State of Himachal Pradesh Act 1970 49.State of Mizoram Act 1986 50.State of Nagaland Act 51.Uttar Pradesh Reorganisation Act 2000

Page 147 of 184

45. NAXALITE PROBLEM AND POSSIBLE SOLUTION 1. This problem has already affected in varying intensity almost 200 districts of the country but with least presence in west Bengal, the birth place of Naxalism. As per Mr Jairam Rameshs version on a media channel on 28.5.2013, an area of about 10000 sq kilo meters in southern Bastar District, right in the heart of India, has been liberated by Naxalites and the govt does not have any presence there as being inaccessible to govt employees and security forces. If that be so how can we even imagine about liberating vast areas of Akshai chin forcibly occupied by mighty China from us or keeping Kashmir with us having an area of just 3 times bigger than Naxalites liberated south Bastar district ? The barbaric and inhuman killing of dozens of congressmen and leaders by naxalites in Bastar on 26.5.2013 clearly shows their real intentions and ill designs and no belief in democratic system or values. 2. The fact that Naxalites are our fellow Indians and not foreigners has to be kept in mind. It is true that some of their demands and grievances are genuine and need to be addressed compassionately but several of their demands are unreasonable and unconstitutional and unlike their Nepalese counterparts they are not willing to engage and participate in democratic system. Their acts of merciless killing of innocent civilians, politicians and security people and keeping illegal arms are condemnable and intolerable. They are no more fighting for the just and equitable cause of oppressed and undeveloped locals or Tribals and perhaps have a different Agenda. They are forgetting that no one can fight the state power and once govt decides to eliminate them through the brute force of Army; they will be simply on the run and will find no refuge or shelter. So they are well advised to come to terms and give up armed struggle. 3. The government should call the real and actual leaders of this movement for a discussion, dialogue and negotiation to arrive at a peaceful, reasonable and acceptable solution within the parameters of Indian constitution on give and take basis and if an amicable agreement is arrived at; all Naxalites irrespective of their crimes and misdeeds should be granted a general amnesty with no prosecution subject to their agreeing to join Indian mainstream by surrendering their arms. 4. If the talks break down without any amicable solution and naxalites remain unnecessary adamant in their unreasonable and unacceptable demands and dont accept a peaceful resolution of the problem; the government should become absolutely ruthless in their elimination through use of brute state force and power by handing over this job to Army with an officer of the rank of brigadier in charge of each district with local government machinery, government employees and police directly reporting and working under him without political pressure . The task of elimination should be well planned by Army and police and executed with precision and accuracy without any mercy with minimal

Page 148 of 184

damage to civilians and within a fixed time frame. The elimination process should start with the tactic of first cleansing the least affected districts and then graduating towards the medium infected districts and finally the most affected districts; a gradual process of encirclement. The menace of Naxalism is now so widespread that it can be eliminated by Army only with the help of police and local administration. 5. The other better and easy solution is to suspend or reduce all kinds of subsidies in the country for a period of two years and spend this entire amount on the development of Naxalites affected areas and win the hearts of locals who in return will themselves fight with and destroy the Naxalites. It serves twin purposes creation of permanent rural assets and destruction of Naxalism.

46. KASHMIR, JAMMU AND LADAK a. The government of India and Indians have tried their level best since 1947 till date by various measures, at the cost of tax payers, to integrate Kashmir with India, but most unfortunately Kashmiris have not reconciled with the Indian nation and a large section still consider themselves as pure Kashmiris and Non Indians. They have for reasons better known to them, have forgotten their roots. The fact is that majority of them were Pandit before being converted to Islam during mughal period and also the fact that partition of the country was agreed between Congress, Muslim League and British govt with clear understanding that amalgamation of princely states with India or Pakistan will be decided by the wishes of then ruling kings or princes and accordingly Maharaja Hari singh of Kashmir had willingly signed the instrument of accession of Kashmir with India and it is the Pakistan which smuggled in armed tribals in to Kashmir and forcibly occupied part of the state and which is still in its occupation and called AZAD KASHMIR OR POK with the argument that majority of the people of kashmir were and are Muslims ; conveniently forgetting that had religion been the glue or binding force; East Pakistan would not have separated from it by creation of independent Bangladesh and West Asia ( Birth place of Islam ) would not have been divided into numerous independent Islamic countries.

b. Enough is enough. Enough blood of Indian security forces and those of innocent and moderate Kashmiris have been shed in the last 65 years to integrate Kashmir and to prevent it from falling into the Pakistani hands; but most unfortunately all these sacrifices of Indian soldiers and citizens have gone waste. c. By their conduct, deeds and behaviour a large section of Kashmiris have demonstrated that they neither want to be Indians nor Pakistanis and only believe in Kasmiriyat. Occasional periods of peace and calm in Kashmir are rare

Page 149 of 184

and short lived as on one pretext or the other; the violence resurfaces with clear, open and loud voices of separatism and anti-India slogans. d. This hardened but highly deplorable attitude could be attributable to various reasons such as: * Solitary nature of Kashmir valley and its long surface distance from Jammu and mainland India. * Inadequate recruitment of Kashmiris in Armed forces and in Central Government Jobs. * Lack of migration of Kashmiris in different parts of India for job, business and industries. * Lack of wisdom and foresight of Kashmiri politicians and their lack of will to integrate Kashmir with India. * Inconsistency in the behaviour and approach of Kashmiri politicians and their habit of changing their colours at the drop of a hat to suit their own vested political interests. * Continuous Pakistani propaganda along with material , arms and financial support to Kashmiris exhorting them not to join Indian mainstream and to keep fighting for and clamouring for AZADI or their integration with Pakistan. * Failure of Indian government to arrange for permanent settlement of retired government employees and Armed forces in the Kashmir valley to partially dilute its demographic character, although the flow of subsidised commodities and everything to Kashmiris continued unabated and is still continuing. The Government even failed to stop exodus of 5 lac Kasmiri Pundits from Kashmir and their return and rehabilitation. e. People who are unwilling to change under any circumstances; cannot be changed easily and hence it is no point to hope against the hope that Kashmiris will change their mindset and integrate with India. f. The stark reality of Kashmir is directly facing in the eyes of the country and perhaps finally the time to take a hard and bold decision on Kashmir has come. g. The only solution seems considering granting AZADI to Kashmir with the following condition and caveats: * The grant of Azadi will be subject to holding of a referendum under the direct supervision of UNO and must be approved by at least 75% of Kashmiris. * The Jammu division comprising of Kathua, Samba, Rajouri, Reasi, Udhampur, Ramban, Doda, Kistwar and the Ladhak Division comprising of Kargil and Leh will be separated from Kashmir and will be merged in to a new separate Indian state called Jammu and Ladhak.

Page 150 of 184

* All Kashmiris whether living in any part of India or in Jammu and Ladhak Divisions will be shifted and transferred to Kashmir valley in a peaceful and orderly manner. * India will not have any diplomatic or business relations with Kashmir. * No Indian tourist will be allowed and permitted to visit Kashmir to fill its coffers. * India will not provide any transit route for transportation of any imported or Indian goods to Kashmir. However they will be allowed to do trade with Pakistan and buy their expensive commodities. * * * India will not give any aid or monetary help to Kashmir. No Kashmiri will be allowed to enter into India legally or illegally. Kashmir will not be allowed to merge itself with Pakistan or POK.

* Any attack on Kashmir by Pakistan will constitute as an attack on India and Indian armed forces will have full authority to take appropriate action to prevent such an occurrence and hence post Azadi; Indian armed forces together with UNO/ SECURITY COUNCIL sponsored forces will maintain a thin presence on the borders of Kashmir. * Azadi will be granted by India on the basis of an agreement signed between India, Pakistan and Kashmir with UNO and Security Council signing the agreement as confirming parties. The signatories from Pakistans side will be the President, Prime Minister, Chief Justice of Pakistans Supreme Court and the Chief of Army staff and ISI. The Pakistans past record in maintaining the sanctity of agreements is poor. After the overthrow and imprisonment of Julfikar Bhutto; the Pakistan army took no time in rejecting the Shimla accord of 1972 which besides enabling return of 90,000 Pakistani soldiers held as prisoners of war back to Pakistan but had also provided for peaceful settlement of Kashmir dispute and maintaining of status quo and peace on LOC. The recent killing of Indian soldiers and frequent and increased violations of LOC despite commitment of General Musharrf in 2003, further vindicates this point. * Kashmir being now a land locked country (sandwiched between India, Pakistan occupied Kashmir and Pakistan) will have no external threat to it and hence will neither need nor will be allowed to have its own Army. * Reunion Option: Kashmiris will get a period of 3 years of Independence to live and enjoy their so called Azadi with its natural beauty, mountains, trees, cold, snow, dry fruits, gostaba and pashmina shawls but without cheap, economical and subsidised Indian goods such as gasoline, medicines and medical facilities, match box, wheat, sugar, salt, oilseeds, onions, spices, cement, steel, textile and

Page 151 of 184

garments, motor vehicles, paper and paper boards, newsprint, access to world class Indian education facilities, movies and entertainment TV channels, sea ports etc. and no consulate facilities abroad by Indian embassies. But after expiry of 3 years, if they feel fed up with their Azadi ; and wish to rejoin INDIA, they will be accepted back with the riders that :* They will get only equal rights and facilities in India at par with other Indians and no more entitlement to a special status and privileges. * They have to apologise to all Indians and martyred soldiers. * complete abrogation of article 370 of the Indian constitution which grants them a special status. * In return Indian government will give them proportionate representation in government jobs and security forces including all possible monetary assistance for the fast economic development of Kashmir and alleviation of poverty. * The old Indian saying of SUBHA KA BHULA AGAR SHAAM KO GHAR VAPASH AAJAYE TOE USEY BHULA NAHI KAHETEY will be followed.

47. NO-WAR AND FRIENDSHIP PACTS WITH CHINA, PAKISTAN, BANGLADESH, NEPAL AND SRI LANKA:The new government, without compromising national prestige and honour, but without any ego, should make sincere and genuine efforts in this direction in the mutual interest and benefit of India and its immediate neighbouring countries. War has never solved any problem rather it multiplies the problems and leads to destruction, loss of innocent lives, adds to poverty, pain and agony. World war-1 & 2 amply vindicates this stand. The military might of USSR, USA and NATO FORCES has miserably failed in scantly populated Afghanistan despite fighting since 1990. India has never been an aggressor nor will it ever. However we should open dialogue with our neighbours and try to reach these pacts in common interest and for the benefit of all people in the region and for world peace. This will substantially reduce unproductive and wasteful defence expenditure and the resultant savings will help development works and alleviation of poverty in the zone. However, if despite genuine Indian efforts, Pakistan Govt (Read Pakistan army and ISI) does not come to friendly terms and continue their war mongering activities, violation of LOC, killing of our soldiers and export of terrorism to India, disregarding the general Pakistani peoples view and opinion; then India will be

Page 152 of 184

left with no option but to go for the last and decisive war. Pakistans threat that they will use nuclears; should not deter us as while this may destroy only a part of India but in Indian retaliation Pakistan will be completely destroyed.

--------- INTERMISSION --------

ANNEXURE-A (REVAMPING OF EXISTING LAWS AND LEGAL SYSTEM)

* REPEALMENT OF ALL OLD, REDUNDANT, OUTDATED, OBSOLETE AND PURPOSELESS LAWS: -

All such laws should be studied and listed by an independent JUDICIAL AND LAW COMMISSSION OF INDIA and on its recommendation they should be completely repealed in one single stroke by the Parliament.

What is the use of thousands of laws which even a law student cannot read in 5 years; leave aside proper understanding and remembering the same.

Examples:- Bengal chaukidari act,1856, Bengal districts act 1836, Bombay rent free estates Act 1852, rent recovery Act 1853, Sarais Act 1867,light house Act,1927, lepers Act 1898, madras civil courts Act 1873, madras rent and revenue sales Act,1839, cattle trespass Act 1871, legal practitioners Act 1879, land acquisition mines Act 1885, elephants preservation Act 1879, dramatic performance Act 1876, coinage Act 1906, fatal accidents Act 1855, Fort William Act 1881, Calcutta pilots Act 1859, waste lands claim Act 1863, Indian tolls Act, 1851/1864/1888/1901, Indian tramways Act 1886,1902, Indian divorce Act 1869 etc . The list is endless!!

Page 153 of 184

* MODERNISATION AND UPDATION OF OLD BUT USEFULL AND NECESSARY LAWS All necessary and useful but now old and outdated laws and made complex with series of changes and alterations and further complicated by multiple official circulars and notifications; should be modernised, re-drafted and consolidated into a single law subject wise, in simple language taking into account the latest and relevant judgements of high courts and supreme court of INDIA to avoid ambiguities, future litigations on points of law so that the lawyers and judges dont have to unnecessarily spend their valuable time to go through volumes of books and journals on the same law. All such new Acts should be put into place by repealing the existing laws namely:Indian Penal Code 1860, Indian evidence act 1872, Transfer of property Act 1882 and 1929 Land acquisition Act 1894, Stamp Act 1899, Indian succession act 1925, Indian partnership Act 1932, Factories act 1948 etc Registration Act1976 Provident fund acts and ESI Acts unless merged with the EMPLOYEES LAW OF India.

* THE ENACTMENT OF NEW AND CONSOLIDATED EMPLOYEES AND LABOUR WELFARE ACT

The plethora of laws, virtually like a beehive, pertaining to employees and labour namely:1. Payment of wages act 1936, 2. Pension act 1871, 3. Workmen Compensation Act 1923,

Page 154 of 184

4. Provident Fund Act1925 5. Trade Union Act1926 6. Children pledging of labour act 1933, 7. Employers liability act 1938, 8. Weekly holiday act 1942 9. industrial employment standing orders act 1946 10.Industrial disputes act 1947,1956,1949, 11.Minimum Wages Act1948, 12.E.S.I Act 1948, 13.Dockworkers act 1948,1986,1997 14.Plantation labour act1951 15.Working journalists employees act 1955 /1958 16.public employment act 1957 17.Working journalists fixation of wages act,1958 18.Employment exchange act 1959, 19.motor transport workers act 1961 20.Apprentice act 1961 21.Maternity benefit act1961, 22.Payment of Bonus Act1965 23.Beedi and cigar workers act 1966,1993,1976 24.Sea mens PF Act 1966, 25.Contract Labour Act 1970 26.Gratuity Act 1972/1987, 27.national service act1972, 28.sales promotion employees act 1976 29.Equal remuneration act 1976, etc 30. Bonded labour system abolition act 1976 31. Iron and other ores labour welfare cess and fund act 1976. 32. Interstate migrant workers act 1979 33.Cine workers act 1981, 34.Shops & Commercial Establishment Act, 35. National security guard act1986 , 36.Child labour prohibition act 1986 , 37.Labour laws exemption act 1988 38.Employment of manual scavengers act 1993 39.Building and construction workers act 1996 Should be repealed and substituted by a new single comprehensive law titled Employees and Labour Welfare Act of India again drafted simply with no complexity and ambiguities and based on court judgements. The whole purpose of existing multiple laws on employees is to ensure minimum remuneration, bonus, gratuity, compensation, ESI, PF, pension, provision of leave and holidays, prohibition of child labour etc and this can be well served by one single consolidated Law and there is no

Page 155 of 184

need to have 34 ( Actually 45 ) or may be more different acts on the same subject. * THE ENACTMENT OF NEW AND ONE CONSOLIDATED BUSINESS AND FINANCIAL LAW OF INDIA :- The various existing commercial and financial laws as follows should be repealed and consolidated into one single law as above. 1. Indian bills of lading act1856 2. Indian contract Ac1872 3. Government savings bank act 1873 4. Negotiable Instruments Act1881, 5. Indian stamps act 1899 6. Post office cash certificate act 1917 7. Local authorities loans act 1914 8. Usurious loans act 1918 9. Indian securities act 1920 10.Promissory notes stamp act 1926 11.Sale of Goods Act1930 12.Public suits validation act 1932 13.Commercial documents evidence act 1939 14.Companies ( donations to national funds) act 1951 15.Forward contracts regulation act,1952 16.Government savings certificate act 1959, 17.Compulsory deposit scheme act 1963 18.Companies profits surtax act 1964 19.Hire purchase act 1972, 20.Interest tax act1974 21.Interest act 1978 22.Chit funds act 1982 23.Public financial Institutions (obligation as to fidelity and secrecy) act 1983. 24.Expenditure Act 1987 25.Interest on delayed payments to SSI act 1993, 26.Micro Finance Business

* INDIAN COMMODITIES PRODUCTION, DISTRIBUTION & REGULATION ACT One single consolidated act as above should be enacted in substitution of the following different acts by repealing the same:1. 2. 3. 4. 5. 6. Agriculture Produce (Grading and Marking) Act, 1937. Tobacco duty (town of Bombay) act 1857. Petroleum act 1934 Coffee Act, 1942 Pharmacy Act, 1948 Central Silk board act, 1948

Page 156 of 184

7. Khaddar (Protection of name) Act, 1950 8. Rubber act 1947 9. Forward Contracts Regulation Act, 1952 10.Coil Industry Act, 1953 11.Tea act 1953 12.Essential Commodities Act, 1955 13.Salt cess act 1956 10 Rubber Act, 1957 14.Textile committee act 1963 15.Cardamom Act, 1965 16.Seeds Act, 1966 17.Tobacco cess act 1975 18.Tobacco board act 1975 19. Cigarettes regulation act 1975. 20.Coconut development board act 1979 21.Spices board act 1986 and spices cess act 1986 22.Jute Packaging Materials (Compulsory) Packing Act, 1987 23.Indian Infant Milk Act, 1992 24.Jute Manufacturers Development Council Act * CONSOLIDATION AND MODERNISATION OF MARRIAGE, DIVORCE AND ADOPTION ACTS: It is shocking that a marriage which is performed by a Pandit, Kaji or Priest in just two hours time should require 19 different laws for its regulation. The first of these laws was made in the year 1866. Had marriages not taking place before 1866? Had all those marriages failed or ran in to any special problems for want of multiple laws? It is a stupidity to have numerous laws on a single subject and it will be better if the following multiple laws on this subject are modernised, updated and consolidated into one single law called Indian Marriage, Divorce and Adoption Act with specific provisions for different communities, if necessary . 1. Converts Marriage Dissolution Act, 1866 2. Divorce act 1869 and 1935 3. Indian Divorce Act, 1869 4. Indian Christian Marriage Act, 1872 5. Married Womens Property Act, 1874/1959 6. Kajis act 1880 7. Guardians and Wards Act 1890 8. Marriage Validation Act, 1892 9. Anand Marriage Act, 1909 10.Parsi Marriage & Divorce Act, 1936 11.Bangalore Marriage Validation Act, 1936

Page 157 of 184

12.Arya Marriage Validation Act, 1937 13.Dissolution of Muslim Marriage Act, 1939 14.States Marriages Validation Act, 1952 15.Special Marriage Act, 1954 16.Hindu Marriage Act, 1955/1960 17.Foreign Marriage Act, 1969 18. Family Courts Act 1984 19.Muslim Women Protection of Rights on Divorce Act, 1986 20.Child marriage restraint act

COMPULSORY REGISTRATION OF MARRIAGES: The registration of marriage should be made mandatory even if performed publicly by religious priests with photographic evidences. The registration of marriages should be performed in urban areas by existing registrars of marriages or by a set of Advocates authorised for this purpose; while in rural areas this job should be performed by the proposed Village Development Officer.

* CONSOLIDATION OF LAWS RELATING TO DEMOCRACY AND CITIZENSHIP: one single consolidated Indian Democracy and citizenship Act should substitute the following 17 different Acts on this subject: a) Census act 1948 b) Representation of peoples act 1950/1951/1956 and 1989 c) President emoluments and pension act 1951 d) Presidential and Vice Presidential election act 1952 e) Salary and allowance to ministers act 1952 f) Salary and allowances to officers of parliament act 1953 g) Salary and allowances to M.P act 1954 h) Citizenship act 1955 i) Parliament ( prevention of disqualification) act 1959 j) Govt of union territories act 1963 k) Union territories(Direct election to the house of people)act1950 l) President (discharge of functions) act1969 m) Criminal and election laws amendment act 1969 n) Election Laws ( Extension to Sikkim) Act 1976 o) Salary and allowances to leader of opposition act 1977. p) Disputed Elections ( Prime minister and Speaker ) act 19 q) Governors ( Emoluments , allowances & privileges ) Act, 1982 r) Election Commission ( Condition of service and transaction of business) Act 1991

Page 158 of 184

s) Vice Presidents pension act 1997 t) Leader of Chief Whips of recognized parties in parliament facilities act 1998

CONSOLIDATION OF ACTS ON FOREIGN AFFAIRS, FOREIGNERS AND IMMIGRATION: The following scattered central laws enacted piecemeal on above matters should be studied and consolidated appropriately:1. African development bank act 1983. 2. African development fund act 1982. 3. Asian development bank ltd. 1966 4. Chemical weapons convention act 2000 5. Church of Scotland and kirk session act 1899 6. Diplomatic Relations (Vienna convention) act 1972 7. Emigration Act 1983 8. Enemy property act 1968 9. Exchange of prisoners act 1948 10.Foreign jurisdiction Act 1947 11.Foreign Recruiting act 1874 12.Foreigners Act 1946 13.Foreigners Land 1962 14.Geneva Convention Act 1960 15.Illegal Migrants determination Act 1989 16.Immigrants expulsion for Assam Act 1950 17.Indian Red Cross Society Act 1920/1936 18.Indian independence Pakistan Courts Act 1952 19. India treasure trove Act 1878 20.International development Assistance act 1960 21.International finance corporation act1950 22.International Monetary fund and bank act 1945 23.Passport entry into India Act 1920 24.Registration of foreigners act 1939 25.SAARC Act 1993 26. Tokyo convention act 1975 27.United Nations(security council) Act 1947 28.United nations privileges and immunities act 1947 29. Extradition act 1962

Page 159 of 184

*REPEALMENT OF UNDERNOTED ACTS ( IN SINGLE STROKE ) OF AQUISITION AND NATIONALISATION OF SEVERAL PRIVATE PROPERTIES AND INDUSTRIAL UNDERTAKINGS BY CENTRAL GOVT ; AFTER PROVIDING FOR A SUITABLE SAFEGUARD AND SAVINGS PROVISION IN THE REPEALMENT ACT ; AS THE OBJECTIVES OF THESE ACTS HAVE BEEN ACHIEVED LONG AGO WITH ACQUISITION OF TARGETTED PROPERTIES AND SETTLEMENT AND PAYMENT OF CLAIMS :1. Coal mines Nationalisation & others acts 1957/1971/1973/1972 2. Burn & Indian standard wagons ltd 1970 3. Banking Companies acquisition act 1970/1980 4. Asian refractoriness acquisition act. 1971 5. Jayanti shipping co. 1971 6. General Investment Nationalisation Act 1972/1985 7. Indian copper corporation ltd. 1972 8. Richardsons ltd 1972 9. Alcock Ashdown Ltd Acquisition Act 1973 10.Esso Ltd. 1974 11.Assam sillimanite acquisition act 1976 12.Braithwaite & co.ltd. 1976 13. Burma shell co.ltd 1976 14.Indian iron & steel company ltd 1976 15.Metal corporation 1976 16.Lady Harding medical college 1977 17.Caltex ltd 1977 18.Smith Ltd 1977 19.Bolani ores ltd 1978 20.Hindustan Tractors ltd.1978 21.Britannia Engineer and Arthur butter 1978 22.Sugar undertakings 1978 23.Kosan Gas 1979 24.Parel Investment 1979 25.BPCL conditions of service act 1980 26.Bengal chemicals acquisition act 1980 27.Jute industry 1980 28.Burma oil company 1981 29.Dalmia dadri cement 1981 30.British India corporationltd.1981 31.Transformers & switchgears 1983 32.Textile Industry 1983/1995 33.Hooghly Docking 1984 34.Bengal immunity act 1984 35.Ganesh Flour Mills 1984 36.Aluminium corporation of India Acquisition Act 1984

Page 160 of 184

37.Brentford Electric acquisition act 1987 38.Air corporations Act 1994 39.Inchek Tyres 1984 40.Mogul Lines 1984 41.Fatwa Islampur Railway 1985 42.Sick industrial companies ltd 1985 43.Tea companies 1985 44. Swadeshi cotton mill 1986 45.Bird & company acquisition act 1988 46.Neyveli Lignite 1994 47.Lalilkala Academy Takeover 1997 48.Coal India ( Regulation of Inter validation ) Act 2000

* A SINGLE CONSOLIDATED ACT CAN BE SUITABLY DRAFTED AND ENACTED UNDER THE TITLE OF Indian HERITAGE PROPERTIES, MONUMENTS AND MUSEUM ACT IN SUBSTITUTION OF THE FOLLOWING DIFFERENT ACTS CONCERNING DIFFERENT PROPERTIES OBVIOUSLY ENACTED PIECEMEAL FROM TIME TO TIME:1. Ancient monuments and archaeological sites Act 1958 2. Ancient monuments Preservation Act 1904 3. Antiquities and Art Treasures Act 1972 4. Fortwilliam Act 1881 5. Govt building Act 1899 6. Indian museum Act 1910 7. Imperial library( Indentures validation ) act 1902 8. Imperial library ( change of name ) act 1948 9. Jalianwalabag National memorial act 1951 10.Khuda baksh oriental public library act 1969 11.Mirjapur stone mahal act 1886 12.Rajghat Samadhi Act 1951 13.Rampur Raja library act 1975 14.Salarjung Museum Act 1961 15.Victoria Memorial Act 1903

* A SINGLE CONSOLIDATED ACT TITLED Indian trade mark, copy right and patents act or Intellectual property rights act ; can be enacted in substitution of the following different acts and laws on this subject :-

Page 161 of 184

1. 2. 3. 4. 5.

Copyright Act 1957 Emblems & Names (Prevention of improper use) Act 1950 Patents Act 1970 Trade Mark Act 1999 Design Act 2000

* COMPANIES ACT:The new companies act after finalisation of its relevant rules will be effected and notified in stages in next 6 months. Hence the following existing acts on this subject should stand repealed:1. Companies act 1956 2. Companies amendment act 1988 3. Companies (Donations to national fund) act 1951 4. Companies (profits) surtax act 1964 * ELECTRICITY ACT:The following acts on electricity should be clubbed in to one act called Indian Electricity act: 1. Indian Electricity act 1910 2 Electricity supply act 1948 3. Electricity regulatory commissions act 1998

* THE INDIAN CRIMINAL LAW, PROCEDURE AND PUNISHMENTS:The Indian criminal code 1860 enacted by Britishers and criminal procedure Act 1973 along with numerous related laws should all be repealed and re-enacted /consolidated in to one single legislation called Indian crimes , punishment and procedures Act which may broadly be modelled as under a. The first part may define the various offences and crimes based on past judicial judgements. b. The second part may categorise the various offences and crimes as per their gravity as follows:-

Page 162 of 184

ULTRA HIGH DEGREE CRIMES (CATEGORY AAA) : Heinous murder or multiple murders, cold blooded planned murders, terrorist activities, trading in drugs and narcotics, waging war and espionage against INDIA, Rape leading to the death of the victim , stacking of illicit money in foreign tax havens etc. SUPER HIGH DEGREE CRIMES (CATEGORY AA): Unplanned Murder without premeditation, rape / sexual attack , attempt to murder, possession and use of illegal arms, smuggling, leaking of defence secrets, poisoning a person with intent to kill, Anti- National activities, Dacoity with murder etc.

HIGH DEGREE CRIMES (CATEGORY A): Armed Dacoity, Kidnapping for ransom, Murder and assault during mob violence, burning and destruction of public and government properties, Acts of corruption etc.

MEDIUM DEGREE CRIMES (CATEGORY B): Forcible dowry demands , domestic violence, cheating, embezzlement of funds, fraud, fabrication and forgery of documents with a view to monetary gains, concealment of crimes and circumvention of taxes, cyber crimes, burglary and house breaking, wilful cutting of forests and animal hunting, immoral trafficking, causing death or injury due to rash and negligent driving, black marketing, wilful hoardings of essential goods beyond prescribed limits, not fulfilling pre election promises or poll manifesto without reasonable cause, wilful and undue favour to an individual or corporate by a minister, politician or bureaucrats, giving false evidences and witness before courts, giving and recording false statements wilfully before courts, tax authorities and adjudicating authorities, Adulteration of Food Items, Insult to National Honour, forced extortion of dowry, Prenatal Diagnostic of Sex of a child, betting and fixing of sports matches etc

LOW DEGREE CRIMES ( CATEGORY C): Thieving, Stealing, Pilferage, shop lifting, Cheating, Pick pocketing, Quarrelling, Beating without reasonable cause, Unwarranted Defamation of a person, Use of Abusive Language, Driving under intoxication, Accidents in Factories caused by negligence, driving without valid licence, knowingly buying and storing of stolen goods, declaration of wrong age, blocking roads, highways and railway tracks, gambling, Contempt of Courts, giving and receiving of dowry in marriage beyond a specified limit, etc.

C. The third part may prescribe punishments category wise:(CATEGORY AAA) - Death penalty or imprisonment for 21 years with solitary confinement for seven days in each quarter for initial 10 years.

Page 163 of 184

(CATEGORY AA) - Rigorous imprisonment for 12 years with solitary confinement for seven weeks every quarter for initial 5 years. (CATEGORY A) - Rigorous imprisonment for seven year with solitary confinement for 7 days every quarter for initial two years. (CATEGORY B) Rigorous imprisonment for four years with solitary confinement for seven days every quarter for initial one year. (CATEGORY C) For habitual offenders Imprisonment for 2 years with solitary confinement for 3 days every quarter. ii) First time offenders of category- c crimes can be let off with suitable fines without jail term because once jailed a person gets labelled as a criminal and becomes a social outcast for rest of his life and hence by imposition of fines an opportunity should be given to the offender to reform and mend himself. iii) In case of pilferage, stealing, burglary, thieving and pick pocketing, it should be mandatory that stolen goods are restored to the victims or otherwise the law should have the power to seize and confiscate the personal properties of the convict, his/her spouse and that of his/ her minor and unmarried children, and to hand over the sale proceeds to the victims up to the extent of his loss. d. The 4th part may lay down the criminal procedures comprehensively but without complexity and without any loophole and should prescribe a fixed time period for completion of trial and announcement of verdict. No unnecessary adjournments should be allowed by the judge and the witnesses should not be crossed examined more than twice. For voluntary confession and acceptance of crimes; a remission of 20% of the jail term may be considered by judges so that trials are quickly finished and valuable times of the courts are saved.

REMARKS AND COMMENTS: 1. All criminal trials for category AAA and AA should be conducted by a 3 judges bench, category A by double bench and for category B and C by single judge, therefore, leaving little doubt to high court judges about the fairness of trial with proper and sustainable evidences; when petition of appeal comes before them for hearing and thus saving their valuable time and early disposal of appeal. 2. Category C crimes should be appealable up to single bench of high courts , category -B crimes should not go beyond double bench of high court but crimes under category AAA , AA and A should be appealable up to supreme court .

Page 164 of 184

3. Clemency petition from death sentence by category AAA criminals should be heard only by an independently constituted Judicial commission of India to avoid pressure of vested groups and politicians and the decision should be time framed and without delay. 4. The period spent in jail as an under trial must be reduced from the total period of sentence for all criminals. 5. Criminals should be considered for remission of Jail Term, after completing 2/3rd of the tenure subject to good behaviour and conduct with no complaints and on the recommendation of the jailor(s) with final decision to be taken by a Special Commission to be set up for this purpose and within a fixed period. The Governor of the state should be spared from this function and decision. 6. There should be provision of separate jails for persons convicted for civil and economic crimes, if they are lodged in the common jail, there is a strong possibility that in the company of hard core criminals; they themselves might become criminals. Separate jails for women convicts are a must. 7. The conditions of Indian jails are horrible and need improvements. Most jails are overcrowded and lack basic facilities .The jails must have adequate facilities of showers and clean toilets. The basic facility of mattress, pillow, sheets, and blankets during winter and fans during summer should be provided along with normal food of fixed menu for each day of the week. 8. We must bear in mind that no person is born as a criminal. It is the circumstances and destiny that turns an individual in to a criminal. The convicts life in jail is terrible. Each day spent in jail without the company of spouse, children and family members is by itself a huge punishment and source of tremendous mental torture. Hence humans must be treated like humans even if they are jailed and for this valid reason the system of life imprisonment, though a strong deterrent, should be dispensed with or otherwise then better is to hang the convict to end his pain and agony immediately . There is absolutely no justification in keeping a person in jail for whole life. 9. Examples are abound where innocents have been convicted for lack of proper defence, lack of money to hire good and sincere lawyers, implicating by fabricated evidences by enemies, false witness by people to settle personal grudge, revenge or vendetta and of course human errors by learned judges. 10. A person at the age of 15 becomes quite mature both physically and mentally and hence for heinous crimes like murder and rape; the male culprits between the age of 15 to 18 should get no leniency or a light sentence of just 3 years in reformatory house and they should be treated at par with culprits above the age of 18 but with lesser sentence.

Page 165 of 184

REMARKS : The above is only a broad structure of the proposed act ; the new criminal law has to be drafted by a panel of professional legal experts and highly experienced retired judges and there after the following separate Central Laws on matters of crimes should stand repealed :1. Fatal Accidents Act 1855. 2. Howrah offences Act, 1857. 3. Public Gambling Act, 1867 4. Cattle Tress pass Act, 1871. 5. Indian Land Reports Act, 1875. 6. Prevention of Seditious Meetings Act, 1911 7. Poisons Act, 1919 8. Indians Rifles Act 1920. 9. Identification of Prisoners Act 1920 10.Indian Criminal Act 1932/38/61. 11.Transfer of Prisoners Act, 1950. 12.Probation of Offenders Act 1950 13.Prevention of Food Adulteration Act, 1954/1972 14.Spirituous Preparation (Inter-state trade) Control Act, 1955 15.Prisoners attendance in courts Act 1955 16.Immoral Traffic Prevention Act, 1956 17. Young persons (Harmful publication) Act 1956 18.Arms Act 1959 19.Prevention of Cruelty to Animals Act, 1960. 20. Dowry Prohibition Act 1961 21.Anti Corruption Law of 1967. 22.Prevention of Insults to National Honour Act, 1971 23.Small Coins Offences Act, 1971 24.Code of Criminal Procedure Act 1973. 25.Conservation of foreign exchange and prevention of smuggling activities act 1974 26. Economic offences (inapplicability of limitation)act 1974 27.Smugglers and Foreign Exchange Manipulations (Forfeiture of Property) Act, 1976 28.Anti Hijacking Act, 1982. 29.Prevention of Damage of Public Property Act, 1984 30.Prevention of Narcotics Drugs Act, 1988 31.Narcotics Act, 1988. 32. Commission of Sati prevention act 1987/88 33.Gold Bonds (Immunities and Exemption) Act 1993. 34.Prenatal Diagnostic Prevention Act, 1994 35.Juvenile Justice Act 2000.

Page 166 of 184

* THE REPEAL OR CONSOLIDATION OF COMMUNITY BASED LAWS: 1. The following Hindu laws should either be repealed based on the principle of ONE COUNTRY ONE LAW or suitably reviewed and redrafted and consolidated in to one single law called COMMON HINDU LAW OF INDIA 1. 2. 3. 4. 5. 6. 7. 8. 9. The Hindu disposition of property act 1916. Hindu adoption and maintenance act,1956s Hindu inheritance( removal of disabilities ) act 1928 Hindu gains of learning act 1930 Indian Matrimonial Causes (War marriage) Act 1948 Hindu marriage act 1955 Hindu minority and guardianship act 1956 Hindu succession act 1956 Hindu marriages (validation of proceedings) act 1960

2. The separate laws on the subject relating to other religious communities should be treated on the same lines after consultation with their religious heads. 3. The Government should facilitate formation of a Hindu Religious Council which will harmonize and make uniform the Hindu Rituals and the form of prayer on important occasions like birth, marriage and death and to ensure that all Hindu Festivals are celebrated on the same day throughout the country and formation of Hindu shrines management Board to take over the management of all important temples and places of worship for their proper maintenance, control and regulation. 4. The following Muslim acts should be reviwed in consultation with prominent educated and knowledgeable Muslim leaders and thereafter should be consolidated:a. Mussalman Wakf validation act 1913 /1930 . b. Mussalman wakf act 1923. c. Muslim personal law (shariat) application act 1937 d. Wakf act 1995. e. Cutchi memons Act 1938. f. Haj committee act 1959 g .Public wakfs extension of limitation act 1959

Page 167 of 184

COURTS, JUDGES, ADVOCATES AND JAILS

* Different laws and acts as under concerning judges, legal profession, Advocates, Legal practice and procedures and Jails should be consolidated in to one single law called Indian courts , judges , Advocates and prisons Act :1. Judicial officers protection Act 1850 2. Legal Representatives Suits Act 1855. 3. Court fees Act 1870 4. Indian laws report act 1875 5. Practitioners Act 1879 6. Powers of Attorney Act 1882 7. Presidency small cause courts Act 1889 8. Provincial Small Cause courts Act 1887 9. Bengal ,Agra and Assam civil courts act 1887 10.Suits valuation act 1887 11. Colonial courts of Admiralty India act 1891 12. Madras Civil Court 1892 13. Prisons act 1894 14. Prisoners act 1900 15. Indian Criminal Act 1908 16. Code of civil procedure act 1908 17.Bengal, Bihar and Orissa and Assam Laws act 1912 18. Decrees and orders validating act 1936 19. Calcutta High Court Jurisdictional 1919/1953 20. Prisoners attendance in courts act 1955 21. Legal Practioners (Women Act 1923) 22. Indian Bar councils act 1926 23.Special tribunals act 1946s 24. Continuance of Legal Proceeding Act 1948 25.Special criminal courts ( jurisdiction) Act 1950 26. High Courts seals Act 1950 27. Supreme court Advocates ( practise in high court act 1951) 28. Supreme court advocates (practice in high court) Act 1951 29. Notarys Act 1952 30. High court judges condition of service Act 1954 31. Manipur Courts Act 1955 32. Supreme court (Number of Judges Act 1956) . 33. Bar councils (validation of state laws ) act 1956 34. Supreme Court Judges ( Salary and Conditions of service ACT 1958 35.Union territories stamp and court fees act1961

Page 168 of 184

36. 37. 38. 39. 40.

Advocates Act 1963 Delhi High Court Act 1966/1980 Judges ( Enquiry Act 1968) Oaths Act 1969 Supreme Court Enlargement of Criminal Jurisdiction act 1970 Contempts of Courts Act 1971

41. High Court and Bombay Act (Extension of Jurisdiction of Goa ,Daman & Diu Act) 1981 42. High Court at Patna ( Establishment of permanent bench at Ranchi 1976 43. Family courts Act 1984 44. Terrorist affected special courts act 1984 45. Judges ( protection) act 1985 46. Legal services Authorities Act 1987 47.Special court( trial of offences relating to transactions in securities)act1992 48. Indian Law reports Act 1875 49. Legal Practitioners (fees) act 50. Advocates Welfare fund act 2001

* INDIAN PUBLIC SAFETY ACT: A comprehensive and consolidated new Act as above concerning public safetymeasures should be put in place and the following related separate acts should get repealed: a. Explosives act 1884 b. Indian boilers act 1923. c. Explosive substance act 1908. d. Inflammable substance act 1952, e. Lifts and escalators act as prevailing in almost every Indian State in varied forms. f. Rules on Storage, filling and distribution of inflammable gases and gas cylinders such as LPG, oxygen etc. g. The provisions of standards of weights and measures act 1976/1985 can also be accommodated in this law by repealing the formers. *SHOPS & ESTABLIHMENT ACTS:Almost all state govts have rightly passed these acts in their states to safeguard the interest of employees employed in shops and commercial establishments.

Page 169 of 184

These acts were passed by different states at different times mainly during fifties and sixties with more or less common provisions and rules namely:1. Shops cannot open before 8AM and must close by 8PM(Hotels up to 11PM) with some exceptions. 2. An employee will be issued an appointment letter and cannot be made to work for more than 8 hours in a day and within this period he must get rest after having worked continuously for 5 hours. 3. The employee cannot be made to work for more than 12 hours a day on special/exceptional occasions with rest period provided he is paid overtime wages at double rate and the quantum of wages must be as per payment of wages act 1936( A BRITISH ERA ACT). 4. Employee will get one and half day as weekly holiday, 14 days privilege leave, 14 days sick leave at half salary and casual leave of 10 days in a year besides leave on national holidays. 5. The work place should be clean, well ventilated and sufficiently lighted 6. Any body below the age of 12 years cannot be employed 7. EVERY SHOP AND ESTABLISHMENT AND BRANCHES MUST GET REGISTERED WITH THE DEPARTMENT AND THE SAME SHOULD BE RENEWED PERIDICALLY. All These provisions are all well intentioned and necessary. However these acts need following changes: 1. Once a shop or establishment is registered; there should be no need for its renewal as this gives rise to corruption. 2. The act also requires display of registration certificate and notice of weekly off days duly framed and violation invites penalties. Just do not understand what purpose is served by such display? 2. The acts require maintenance of various registers namely Attendance register, pay register, leave register, overtime register and visit book. 3. The rule should be changed that shops having less than 20 twenty employees need not maintain 5 different registers if the purpose is served by maintaining a single consolidated register. 4. Small shops employing less than 5 employees should be fully exempt from this act. let these small shops be not burdened and let the terms of employment and payment etc be left to the mutual agreement and settlement between the employer and employees. 5. These old acts should be modernised with changed times and unnecessary complexities removed. For example the Bombay shops and establishment act 1948 and 1960 is so lengthy that it is stretched to 72 chapters, 78 subsections, numerous sub clauses and 33 definitions.

* Repeal of old and redundant erstwhile MADRAS based Central Acts as this state has already been bifurcated in to separate states of Tamilnadu and Andhra Pradesh :-

Page 170 of 184

1. Madras, Bengal and Bombay children act 1925 2. Madras city civil court act 1892 3. Madras city land revenue act 1851 4. Madras civil court act 1873 5. Madras compulsory labour act 1858 6. Madras district police act 1859 7. Madras forest validation act 1882 8. Madras public property malversation act 1837 9. Madras rent and revenue sales act 1839 10.Madras revenue commissioner act 1849 11.Madras uncovenated officers act 1857 etc . * Repeal of unnecessary Delhi based central Acts; Delhi having now acquired the status of a full fledged state:1. 2. 3. 4. 5. 6. 7. 8. 9. Delhi Agricultural Produce Marketing ( Regulation) Act,1976 Delhi and Ajmer- Merwara Land Development Act, 1948 Delhi and Ajmer Rent Control Act, 1952 Delhi and Ajmer Rent Control ( Nasirabad Cantonment Repeal) Act, 1968 Delhi Apartment Ownership Act, 1986 Delhi Co-operative Socities Act,1972 Delhi Delegation of Powers Act, 1964 Delhi Development Act, 1957 Delhi Development Authority ( Validation Of Disciplinary Powers) Act,1998 10.Delhi Fire Prevention and Fire Safety Act, 1986 11.Delhi High Court Act, 1966 12.Delhi High Court ( Amendment ) Act, 1980 13.Delhi Hotels ( Control of Accommodation ) Act, 1949 14.Delhi Land Holdings (Ceilings) Act 1960 15.Delhi Lands ( Restriction on transfer ) Act, 1972 16.Delhi Laws Act 1912/1915 17.Delhi Motor Vehicles Taxation Act 1962 18.Delhi municipal Corporation Act 1957 19.Delhi Municipal Corporation( validation of electricity Tax) Act 1966 20.Delhi Police Act, 1978 21.Delhi Primary Education Act, 1960 22.Delhi Rent Act,1955 23.Delhi Rent Control Act, 1958 24.Delhi Restriction of Uses of Land Act,1941 25.Delhi Road Transport Laws ( Amendment ) Act, 1971 26.Delhi Sales Tax Act, 1975 27. Delhi Sales Tax ( Amendment and Validation ) Act 1976 28. Delhi school education act 1973 29. Delhi Sikh Gurudwaras

Page 171 of 184

30. 31. 32. 33.

Act 1971 Delhi Special Police Establishment Act 1946 Delhi University Act 1922 Delhi ( Urban Areas) Tenants Relief Acts 1961 Delhi Urban Art Commission Act,1977

* REPEAL OF ALL UNNECCESSARY BENGAL BASED ACTS 1. Bengal Districts Act 1836 2. Bengal Indigo Contracts Act 1836 3. Bengal Bonded Warehouse Association Act 1838 4. Bengal Land Revenue Sales Act 1841 5. Bengal Alluvion and Diluvium Act 1847 6. Bengal Land holders Attendance Act 1848 7. Bengal Bonded Warehouse Association Act 1854 8. Bengal Embankment Act 1855 9. Bengal Tenancy Act 1885 10.Bengal Chaukidari Act 1856 11.Bengal Ghatwali Lands Act 1859 12. Bengal Land Revenue Sales Act 1859 13.Bengal Rent Act 1859 14.Bengal, Agra and Assam Civil Courts Act 1887 15. Bengal Military Police Act 1892 16.Bengal, Bihar and Orissa and Assam Law Act 1912 17.Bengal Criminal Law Amendment ( Supplementary ) Act 1925 18.Bengal Suppression of Terrorist Outrages ( Supplementary ) Act 1932 19.Bengal Finance ( Sales Tax) Delhi Validation of appointments and Proceedings) Act 1971 20.Bengal Chemical and Pharmaceutical works Limited Act 1980 21.Bengal immunity Company Limited Act 1984 22. Calcutta Land revenue Act 1850/1856

* REPEAL OF ALL UNNECCESSARY BOMBAY BASED ACTS: 1. 2. 3. 4. 5. 6. 7. 8. Revenue, Bombay 1842 Revenue Commissioners, Bombay 1842 Bombay Rent free Estates Act 1852 Bombay Civil Courts Act 1869 Bombay Municipal debentures Act 1876 Bombay Revenue Jurisdiction Act 1876 Bombay Public Security Measures ( Delhi Amendment) Act 1948 Bombay Reorganisation Act 1960

Page 172 of 184

* REPEAL OF ALL UNNECCESSARY PUNJAB BASED ACTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Punjab Punjab Punjab Punjab Punjab Punjab Punjab Punjab Punjab Punjab Punjab Punjab laws Act 1872 District Boards Act 1883 Tenancy Act 1887 land revenue act 1887 laws act 1872Punjab reorganisation Act 1966 legislative council abolition act 1969 Excise ( Delhi Amendment Act) 1979 disturbed Areas Act 1983 State Legislature ( Delegation of powers) act 1984 Pre-emption (Chandigarh and Delhi repeal ) Act 1989 Gram Panchayat, Samities and Zillah Parisad Act 1994 municipal corporation law (ext to Chandigarh) Act 1994

* REPEAL OF ALL UNNECCESSARY MANIPUR BASED ACTS : 1. 2. 3. 4. 5. 6. 7. Manipur Manipur Manipur Manipur Manipur Manipur Manipur ( Courts ) Act 1955 ( Villages Authorities in Hill Areas) Act 1956 Land Revenue and Land Reforms Act 1960 ( Sales of Motor Spirit and Lubricants ) Taxation Act 1962 ( Hill Areas District Council) Act 1971 Municipalities Act 1994 Panchayat Act 1994

REPEAL OF ERSTWHILE CENTRAL PROVINCE (THE PRESENT MADHYA PRADESH) LAWS: 1. Central province court of wards acts 1899. 2. Central province financial commissioner act 1908. 3. Central province land revenue act 1881. 4. Central province laws act 1875 5. Central provinces tenancy act 1898

Page 173 of 184

ANNEXURE B (DEVELOPMENT OF VILLAGES)

The minimum qualification of Village Development Officer to be appointed as state civil servants should be : Graduation in commerce or science and candidate will be selected after passing a written examination and personal interview by the Village development officers recruitment board. The subjects for this specific examination should be:1. Crops, fruits, vegetables, oil seeds, animal husbandry, poultry farming and dairy farming science 2. Soil and water management 3. Social and political science

4. Civics and hygienic science 5. Seeds, fertilizers and agriculture implements 6. Computer operations 7. Measurement and marking of lands and properties, mapping the same and basic civil construction 8. Banking, Cooperative societies, Books and records keeping 9. Criminal law including panchayat Raj system 10. General administration and general knowledge 11. Basic Knowledge of vernacular language where he prefers to be posted, besides proficiency in Hindi and English d. The office of the VDO should be set up in the centre of villages under his jurisdiction and on land to be provided by the Gram Sabha, should be equipped with computer, one assistant and one attendant with existing Patwari of lands directly working under him. A separate dispensary room should also be provided for Village medical practitioner.

E.THE DUTIES AND SCOPE OF WORK OF THE VDO SHALL BE AS UNDER:

Page 174 of 184

1. Keeping in computer a record with name, parents name, date of birth, address, marital status with name of spouse, number of children, education, nature of vocation, place of vocation, land holding, income level, bank a/c details, voter card no. , driving licence number, details of tractors and vehicles owned and possessed, PAN no, Adhar Card Number, details of subsidies enjoyed etc. of each and every person under his jurisdiction. 2. keeping a record of people and families eligible for subsidies granted by central and state governments and to ensure their fair and proper distribution and disbursement to them and to receive complaints in this respect and initiate legal action against the wrong doers under intimation to police and BDO. 3. Keeping record of people eligible for employment under NAREGA scheme , ensure their registration, attendance on duty and monitoring and recording of work done by them and disbursement of their wages and filing periodic returns of the same to BDO office. 4. Keeping record of births and deaths and issue of certificates for the same and informing the same to election commission office for updating their records. 5. Keeping record of people eligible for voting and details of their voter cards. 6. Keeping records of live stocks and poultry birds under his jurisdiction. 7. Keeping records of land cultivated and sown crop- wise and season wise in the villages under him and to pass this information to state agriculture department through BDO and district magistrate. 8. Issue of marriage registration certificates. 9. Issue of trade and commerce licences and to collect the fees for the same. 10. To sign as a confirming party the consent/NOC granted by the gram sabha for establishment of factories on agriculture lands under its jurisdiction so that the entrepreneurs can proceed without having to obtain the prior consent of pollution or other government departments and to issue land use conversion certificate from agriculture to industrial/ commercial .

11. ISSUE OF NEW OWNERSHIP CERTIFICATES FOR LAND AND PROP ERTY IN SUBSTITUTION OF BUNCH OF EXISTING TITLE AND OWNERSHIP RECORDS, DOCUMENTS AND CONVEYANCE DEEDS. a. To re-measure with the assistance of village Numberdar, Patwari and Tehsildar/sub registrar; the total land under a village, b. To physical identify and re-measure land holding of an individual , renumbering the same by allotment of fresh and distinct plot numbers in substitution

Page 175 of 184

of age old nomenclatures like Khasra, dag, touzi, Mouza, kila, etc. and

Rakba, Khewat,

c. To issue fresh certificates of ownership in a uniform and fixed format , serially numbered and printed with area described in only square meters and residual, if any, in square feets, fresh and new plot number, well defined boundaries with names of neighbours on all sides, a Map of the land, nature of land agriculture or otherwise; d. The new certificate to bear the signatures of Sarpanch, VDO, Patwari, Sub-registrar, BDO and District magistrate, with affixation of government seal. e. The details to be recorded in his computer with simultaneous remitting of data to the computer in the sub-registrars office and also to a centrally located master computer in the office of concerned ministry in the state secretariat. f. To take back in his possession all previous ownership records to be sent for storage in a central records room by the state government for a specified period of time before they are destroyed subject to no dispute, complaint or claim with respect to ownership rights from any other person within a fixed time period of 5 years. g. This huge and gigantic task once successfully completed and executed will be extremely useful and will once for all straighten the land records with clear ownership and title and will remove all doubts and disputes on land and property and will considerably reduce future litigations and also remove the necessity of drafting of lengthy conveyance deeds with full past ownership history of the properties each time there is change of hands. 12. To ensure supervision and speedy implementation of development schemes of central and state governments and send regular progress report to the BDO office. 13. To educate villagers on latest improvements in agriculture, animal husbandry and poultry farming technology, new kinds of high yielding seeds and fertilizers and benefits of population control. 14. To ensure that panchayats are spending the government grants in fair, proper and productive manner and funds are not siphoned off or misused and to report the same to BDO office for suitable and swift action. 15 To receive complaints of villagers, address the same and if failed, report the same to BDO office for necessary action at his end.

17. To make preparations and render all help and assistance to election commission for holding election for panchayats, state and central elections .

Page 176 of 184

18. To help solve local and petty disputes and issues, civil or criminal, to curb unnecessary litigations, 19. To check the attendance of teachers in government schools on sudden and surprise visits basis and be authorised to take action against them accordingly including deduction of salary and suspension. 20. To allot house/makan numbers of village homes and affix the number plates outside the respective house and put the record in his computers. At present most homes in the villages have no specific house number.

21. To impose and collect village development tax equal to 3% of the crop output from village farmers holding more than one acre of land , to keep the same in a separate bank a/c with not a rupee remitted to state government and to be exclusively spent for the development of villages and to meet expenses of his office .

ANNEXURE- C PROBLEMS AND SOLUTIONS OF SECONDARY STEEL MANUFACTURERS The Indian Secondary Steel Manufacturing Sector almost collapsed in the after math of global financial meltdown of 2008. This sector comprising of thousands of sponge iron plants, Induction Furnaces (Steel Melting Shops) and Rolling Mills has never recovered thereafter and as on date majority of the factories are lying closed or running at much below the installed capacity. The excise department will confirm this fact. Some of these factories are simply running under the fear or pressure of lending banks. The Loans given by PSU Banks to this sector have largely turned bad (NPA) or had to be restructured. The main manufactured product of this sector is TMT Bars used in House building and Infrastructure. The other residual products are Flats, Angles, Channels and Beams. This sector used to produce a big portion of the total Indian Steel and comprises of thousands of factories set up across the country and used to employ lacs of people , directly and indirectly, but has now got virtually shattered . The causes and reasons for their downfall and possible remedial measures are as under:-

EXTREME SHORTAGE OF IRON-ORE

Page 177 of 184

* Due to closure of Iron ore mines in state of Orissa, Karnataka and Goa on account of various reasons including ban imposed by Honourable Supreme Court on account of their mal-practises, violation of rules and unauthorised mining and most importantly virtually no new iron ore mines have been allowed to develop in the country in the last 12 years. * EXTREMELY HIGH COST OF IRON-ORE The price of high grade Iron ore used to be Rs. 500 PMT in the years 1999 to 2002 but has now gone up to Rs. 6000 PMT for low grade iron ore (ex-mines plus CST@ 2% and freight ) a rise of almost 1200%, owing to non development of new iron-ore mines in last 12 years, resulting in its shortage and leading to virtual extortion and looting of the Industry by the existing iron ore mining companies both govt owned and private although the mining cost escalated only marginally. The specific consumption of iron ore per ton of Sponge Iron produced has also gone up substantially due to gradual degradation of quality of iron ore. All iron-ore mining companies have amassed unimaginable and mind boggling wealth in the last 10 years by jacking up the iron ore prices as per their own whims and exclusively driven by their unending greed . The burden of State Royalty on Iron ore has also gone up from Rs.45 PMT in the year 2000 to Rs.650 PMT as the same is now being charged on ad-valorem basis; a rise of almost 1600%. THE REMEDIAL MEASURES: * URGENT STRESS ON HIGHER DOMESTIC IRON-ORE PRODUC TION The production and mining of iron ore should be increased on war footing by granting fresh mining licenses by drastically cutting the existing highly complex and lengthy chain of procedures and formalities and by dispensing with the multiple Govt. agencies and departments involved in the process. The ministry of environment and forest, New Delhi, should expeditiously accord their approval. The red tape should be dismantled and grant of mining license should preferably be through a single window mechanism at Central Govt. level with no involvement of State Govt. or its agencies.

Page 178 of 184

Let the state governments role be only to the extent of collecting Royalty Income. Higher the production higher will be the quantum of their Royalty. The existing pending multiple applications for the same iron ore reserves area resulting in prolonged and endless court cases, should all be cancelled through an ordinance or quick legislation and mining licences Should be granted through bidding process only to actual user industries and by allocating the mining area to them based on the actual captive requirement for the next 15 years. The industry has no hope from the existing handful of near monopolist iron ore miners who are continuing their looting spree Due to shortage and absence of competition. * UPPER CAP ON PRICE OF IRON ORE AND APPOINTMENT OF AN AGENCY BY GOVT. FOR DISTRIBUTION OF IRON ORE TO SPONGE IRON PLANTS AT A FAIR AND REASONABLE PRICE The Govt. should fix the upper ceiling on the price of iron ore (gradewise) based on the actual cost of mining plus reasonable profits. As the private sector mine owners will not fall in line by accepting this fair and reasonable price; the Govt. may appoint an Agency to procure iron ore from them at the notified price and thereafter to make available the same to the actual users viz. Sponge Iron Plants based on their actual requirements or may assign this job to MMTC/STC.

* The maximum Price Of Iron Ore per metric ton as on date should be as under :(Rupees) (Per MT) 750 750 500 200 2200 ____

a. Cost of excavation and mining including all Expenses (maximum) b. Add 100% profit margin c. Add super profit margin d. Add 10% ad-valorem royalty The maximum price per ton should be

If the iron ore prices are brought down to a fair level as above; the major problem of the secondary steel sector will get solved automatically. At present whatever few Sponge Iron Plants are

Page 179 of 184

running; are basically operating to fill the coffers of Iron Ore Mine Owners and Coal Companies.

* NATIONALISATION OF IRON ORE MINES The Govt. may even consider nationalising all the iron ore mines including those owned by TISCO and SAIL and create multiple Govt. Companies to produce and sell the same with healthy competition between them to enable its availability to the user industries at cost plus 100% profit margin basis. * BAN ON IRON-ORE FINES EXPORT

The export of iron ore fines, despite 30% export duty, should be completely banned. Many pellet plants to use the same have already been set up and many more are in the pipe line and hence there is absolutely no need of export of iron ore fines to china. SHORTAGE OF COAL AND FAILURE OF MONOPOLIST AND ARROGANT COAL INDIA LTD:This problem and possible solutions have already been discussed. 1) HIGH COST OF POWER, DIESEL, RAIL & ROAD FREIGHT Regular and Steep increase in the cost of electricity, diesel, rail and road freight and employees cost. These expenses have almost doubled up in the last 4/5 years, while the selling prices of TMT Bars have slumped by almost Rs.9,000/- PMT. Similarly, the Sponge Iron prices have also declined by about Rs.6, 000/- PMT though the input cost has gone up result ing in huge financial losses. The govt may consider reducing rail freight on coal, iron ore and steel. 2) DEPRESSED DEMAND FOR TMT BARS:-

Highly depressed demand of TMT Bars due to slow down in the Housing sector and lower spending by Govt. on infrastructure building as a result the higher input and other cost are not being absorbed by the end consumers. Hence the govt should invest more and more and speedily on infrastructure building.

Page 180 of 184

3) ENTRY OF BIG PLAYERS LIKE TISCO & SAIL IN TMT BARS SEG MENT Primary steel manufacturers such as TISCO and SAIL (whose iron ore cost is nominal due to own captive mines) and others have entered in the production and sale of TMT Bars. Not only these primary producers have encroached upon the field of Secondary Producers but also charge higher prices from consumers on the basis of their brand name; though there is hardly any difference in quality of TMT produced by them and those by secondary steel manufacturers. GOVT should ban large primary steel producers to manufacture TMT bars or they should not be allowed to add fresh capacity. 4) HIGH DEBT BURDEN High debt burden and resultant steep interest cost resulting in huge financial losses leading to delinquencies in repayment of loans and payment of interest. The govt should look in to this problem and find some way to help the industry in this respect on case to case basis. 5) POWER SHORTAGE Severe power shortage particularly in Punjab, U.P, Bihar, Andhra Pradesh, Tamil Nadu and Karnataka has badly impacted the Secondary Steel Sector in these power deficient States. 6) Dumping of Mild Steel Billets in India by China, South Korea, and Japan which is highly subsidised by their Govts. particularly china; and refusal by Indian Govt. to restrict such imports by imposing Anti dumping duty or increased import duty on the ground of having signed free trade pacts with these countries or WTO commitments. Govt. can help by imposing antidumping duty.

7) High incidence of excise duty of 12% and State VAT of 5% can be reduced for a temporary period.

8) RELIEF ON POWER TARIFF DURING OFF-PEAK HOURS The power to Induction Furnaces (Steel Melting Shops) should be provided at 50% of the normal rate during off peak hours of 9 PM to 7 AM. 9) SUBSIDIZED POWER FOR INDUCTION FURNACES & ROLLING MILLS

Page 181 of 184

The Govt. should also consider giving power at subsidized rate to Rolling Mills / induction furnaces as was the practice in the past in several states and the penalty in the form of minimum guaranteed revenue charge by electricity companies should be completely waived or reduced.

10)

CURB ON IMPORT OF STEEL SCRAP The Import of Steel Scrap which stood at ( 87 lac tons valuing Rs.22,500 crores during 2012-13 ) must be curbed by slapping an Import duty of 7.5% to 10%; so that Sponge Iron ( a direct substitute of scrap ) production in the country revives and valuable foreign exchange is also saved. Presently most Sponge Iron units in the country are either closed or running at a very low capacity.

11)

REDUCE RAIL FREIGHT ON COAL, IRON ORE & STEEL: The railway freight on coal, iron ore and steel should be reviewed and Reduced suitably. The railway freight on coal alone has gone up by 65% in the last 5 years.

12) The industry should not be unnecessarily harassed by pollution control Department.

PROBLEMS OF OTHER INDUSTRIES AND SECTORS: Just like steel industry; almost all industrial sectors in the country namely:1. Tea Industry (High loan and interest burden, problems in renewal of land leases from state govts, strong and militant unions with low labour productivity), 2. Jute Industry (shortage of skilled workers, heavy fluctuation in raw jute prices from season to season, delayed or uncertain procurement by FCI) 3. Sugar Industry (High sugar cane cost increasing every year and continuous losses) 4. Alcohol and spirits Industry (Multiple licensing, heavy and multiple taxes and mountains of other formalities)

Page 182 of 184

5. Telecom industry (High Initial licence fee, high spectrum cost, fierce competition, low tariffs, heavy loans and interest burden) 6. House building and infrastructure sector(Inordinate delay in sanctions and clearances, high gestation period, delay in land acquisition and its high cost, limited income, high burden of debt and interest) 7. Cement industry (high cost of coal and railway freight, over capacity, depressed demand), 8. Plastic processing Industry (High cost of inputs from Reliance industry and other govt oil companies) 9. Aviation sector (High cost of air crafts, aviation turbine fuel, air port charges, debt and interest burden, heavy competition) 10. Edible oil Industry (Heavy cheap import from Indonesia and Malaysia, Shortage of oil seeds) etc 11.Hotel and restaurants (Multiple licences, taxes, low occupancy rate) etc are having multiple problems and difficulties and hence govt should invite a list of problems and suggested remedies from respective industry Associations and redress them as fast as possible to quickly revive industrial growth and once again take the country to high growth era.

------- xxxxxxxxxxxxxxxxxxs----

Page 183 of 184

Page 184 of 184

You might also like