Monday, October 1, 2012

Firoz.T.Totanawala The Bangalore Metro Reporter DODGING THE RTI! THE SECRET TO DEFEAT THE RTI, THE KPSC STYLE…

By Firoz.T.Totanawala
 
The Bangalore Metro Reporter

 

DODGING THE RTI! 

 THE SECRET TO DEFEAT THE RTI, THE KPSC STYLE… 

 Here is the sweet news for the government departments, statutory bodies, corporations and boards to defeat the very purpose and basics principles of Right to Information Act. They could very well follow the footprints of KPSC in dealing with ‘inconvenient’ RTI applications and applicants. The modus operandi of the KPSC is very simple. Just black list the RTI applicant! The unprecedented action of KPSC in blacklisting a RTI applicant, way back in 2008, has now surfaced. The KPSC had blacklisted its former employee Suresh Jain who had asked scores of inconvenient and embarrassing questions under RTI. If this action is taken to its logical conclusion, then there is no need for RTI Act and Information Commission.... 

 Suresh Jain, a steno in KPSC was compulsorily retired by the KPSC few years back on flimsy grounds. The so called grave offences by him was asking the office Time piece to be set correctly, requesting stocking of the library books on various Acts, rules etc. M.N.Gururaja Rao, an Assistant in the Establishment Section had a running feud with Suresh Jain because Suresh Jain had questioned some of his actions. It is to be recalled that Gururaj was very close to the successive Chairmen and members, that is why Gururaj allegedly managed to get an enquiry initiated against Suresh Jain for petty matters. Wonder of wonders, the enquiry into these petty issues were conducted through Registrar of Enquiries in the Lokayukta. At the maximum, even if the charges were thoroughly probed and proved, the maximum penalty would have been ‘censure’ to Suresh Jain. It is during this time, the scam in KPSC were exposed by the media, like answer script scams, DE scams etc. Gururaj allegedly poisoned the minds of the KPSC Chairman and members blaming Suresh Jain behind the exposures. Therefore, when the Lokayukta Registrar submitted enquiry report stating that the charges (petty of course) were proved, Suresh Jain was given the severe penalty of compulsory retirement. However, Suresh Jain challenged his compulsory retirement in the KAT and it is pending since more than a decade. If one were to take a glance at the charges leveled against Suresh Jain, one will definitely laugh at them. 

 This is the background of Suresh Jain. True, there are very serious criminals in the KPSC who have succeeded in hushing up their criminal offences and getting promotions after promotions. It is true that Suresh Jain had made attempts to appeal to the KPSC to repeal the penalty. But Gururaj, who has become more powerful, has scuttled even such attempts. 

 Whatsoever, after the RTI Act came into force, Suresh Jain started filing RTI application concerning the various omissions and commissions in the KPSC. He wanted to prove that while he was compulsorily retired for a petty offence, there are scores of officials in KPSC who have committed heinous offences, most of which are criminal in nature. Moreover, RTI is also aimed at getting the grievances redressed. There was nothing wrong in Suresh Jain filing applications after applications; some were embarrassing for the authorities. 

 In 2007, the KPSC tried to prevent Suresh Jain in asking questions under RTI. The then Secretary had asked him to withdraw all his RTI applications convincing him to put up his appeal to the KPSC Chairman H.N.Krishna who was retiring in a few days. As directed, Suresh Jain gave the required letter, but he did not know that it was a trap. Once he signed the application regarding withdrawal of all RTI application, his appeal was simply not considered. 

Feeling betrayed, Suresh Jain continued with his RTI applications. One can imagine the way Suresh Jain was harassed and victimised by Gururaj and the KPSC by the incident regarding the issue of absolute sale deed of the KPSC Housing Society, owned by Gururaj. While in service Suresh Jain was allotted a site by the society and he had paid the sital amount. Gururaj had refused to register the sale deed in Suresh Jain’s favour even years after the Lease Deed. Suresh Jain had applied for information about the society under RTI. When he was in need of money, he wanted to sell the site and he could not do so in the absence of sale deed. 

 Moreover, allegedly, there is an unwritten rule by Gururaj that stipulates that a member selling the site should pay 20% of the sale consideration to the society that is Gururaj, without receipt! Gururaj to curtail Suresh Jain’s RTI applications, demanded that he withdrew all the RTI applications and resign from the membership of the society if he wanted sale deed and also to avoid 20% sale consideration if he sells the site to others. Finding no alternative, Suresh Jain had to withdraw the applications! In fact, Suresh Jain who was forced to withdraw RTI applications on the directions of the KPSC Secretary in 2007 simply withdrew his letter after he realised that he was taken for a ride. He then examined his applications. In one case, Suresh Jain filed an appeal with the Information Commission, after the KPSC dodged to provide information. He was denied the right to inspect the records under RTI. 

 Unfortunately, HN Krishna, the KPSC Chairman who was prejudiced against Suresh Jain became the Information Commissioner after retirement from KPSC. In fact, the constitution does not permit the Members or Chairman of Public Service Commissions to occupy any office of profit, after their retirement from the Commission. But HN Krishna, had lobbied hard and HD Kumaraswamy, the then CM had appointed him as the Information Commissioner! Everybody knows that HN Krishna is facing criminal cases for all his scams in KPSC and even was sent to jail. His vulgar behaviour with government officials in his capacity as Information Commissioner is also well known. He was asked to resign as the Information Commissioner after he was sent to jail. 

 Naturally, Suresh Jain’s appeal was purposely placed before HN Krishna and as is expected, Krishna dismissed the appeal. HN Krishna never heard Suresh Jain’s version. Finally, Suresh Jain made an application to the Chief Information Commissioner that his appeal be heard by another Bench. The CIC had heard the appeal and directed the KPSC to provide the details sought by Suresh Jain. 

 In the meanwhile, Gururaj had advised the present Chairman Gonal Bheemappa to do the unthinkable to prevent Suresh Jain from applying RTI. In an unprecedented move, the KPSC held the meeting with the full attendance of the Chairman and all the Honourable Members of the Commission. In the meeting, it was decided to ‘blacklist’ Suresh Jain and not to entertain any of his RTI applications. The Commission had also decided to communicate the decision to the CIC and other Information Commissioners! Interestingly, the KPSC submitted this resolution to the CIC during the hearing of the appeal, but, the CIC ignored this and directed the KPSC to provide the information sought by Suresh Jain under RTI. However, the KPSC was adamant. It challenged the CIC orders in the High Court and the HC had dismissed the Writ by upholding the CIC orders. The KPSC had filed an appeal in the High Court before the Division Bench and obtained a stay against the single judge’s order. We cannot further discuss the possible decision of the HC Division Bench as it will be subjudiced to discuss it. What does this mean? If the other government departments, Boards, Corporations, statutory authorities follow KPSC and go on blacklisting the RTI applications, the entire foundation of the RTI Act collapses. 

In fact, there is no provision in the RTI act to blacklist any applicant. There is a provision to deny the information only Under Section 8 of the RTI Act. There is absolutely no other way to deny the information except Under Section 8. 

 If the ‘blacklist’ of applicants is taken to the logical end, the relevance of the Information Commission and the RTI Act itself becomes irrelevant. This is a test case for the RTI activists to bring sanctity to the Act. 
That is all.

Firoz.T.Totanawala The Bangalore Metro Reporter THE UNNECESSARY CELEBRATION! DOES SHIFTING OF IGR OFFICE NEED A POMP CEREMONY?

By Firoz.T.Totanawala
 
The Bangalore Metro Reporter

 

THE UNNECESSARY CELEBRATION!       

DOES SHIFTING OF IGR OFFICE NEED A POMP CEREMONY?


The other day, the office of the Inspector General of Registration was shifted from Shimsha Bhavan in Jayanagar 8th Block to the Kandaya Bhavan. The ‘House Warming’ of the office was conducted amidst much fanfare and splendour. The Sub Registrars were made to donate about 8 to 10 thousand towards the function. There is no reason whatsoever for opening of the new office of a government department with pomp, especially when the state is reeling under severe drought. It is up to the Revenue Minister and Dy. CM K.S.Eswarappa to explain this.... 

 As is usual, the IGR office has been shifted for the second time in five years. In 1996, the IGR office which was functioning in Survey Building in KR Circle was forced to shift the office to the Cauvery Bhavan. In 2007 again the office was shifted to Shimsha Bhavan in Jayanagar. Now the office has again been shifted to the newly constructed Kandaya Bhavan. So, there is nothing to be celebrated for the shifting of the IGR office to the Kandaya Bhavan. 

 But the IGR Dr. V.Chandrashekar had thought otherwise. He wanted to celebrate the ‘shifting’ on a grand scale to tom tam the achievement! The government pays money towards shifting and transportation of the office. Normally, whenever a government office is shifted or relocated, the concerned department issues a press statement indicating the new address. Except ‘doing’ puja in the new premises, there is nothing grandeur or euphorial over the new premises. 

 But the IGR Chandrashekar would have nothing of it. He planned a grand gala inauguration ceremony as if it is the inauguration of a mega project by the government. He directed all the top officials and Sub Registrars to ‘donate’ for the function. In fact, Chandrashekar did not even choose an auspicious date but opted for the 14th because of availability of the Deputy CM K.S.Eswarappa, who is also the Revenue Minister. 

 Whatsoever, once Chandrashekar decided to hold the inauguration of the new office, then came the question of money needed for the function. The government pays for shifting of the office but definitely not for functions etc. So, Chandrashekar directed the Sub Registrar to donate for the function. He had fixed the ‘collection’ target to the District Registrars. The DRs were asked to pay Rs.80 thousand each, that is 4.80 lakhs. The DRs had to collect the same from the SRs in their jurisdictions. 

 In fact, to force the SRs to contribute more and to ensure the attendance of all the SRs to the function, a meeting was called in the IGR office on 13th and it is a shame that the SRs were asked to attend the meeting at 11 AM, that is when they are to attend to their official work in their offices. In addition to this, the IGR had distributed preparation works to the DIGRs, AIGRs, and DRs. 

Allegedly, the expenses of the function had not crossed one lakh. Still the collections are more than 4.5 lakhs. Then where did the remaining amount go? More than anything, where was the necessity for holding the ‘inauguration’ with pomp and splendor? There are all the chances of the IGR office being shifted to some other place in the near future. 
That is all.

Firoz.T.Totanawala The Bangalore Metro Reporter ALL ABOUT PPP! HARD ON CITIZENS, EASY FOR GOVERNMENT, THE PPP MODEL IS BECOMING A POLITICAL EXCUSE.

By Firoz.T.Totanawala

The Bangalore Metro Reporter


ALL ABOUT PPP! 

HARD ON CITIZENS, EASY FOR GOVERNMENT, THE PPP MODEL IS BECOMING A POLITICAL EXCUSE. 

 Since one decade everybody is chanting public private participation as the sole criterion for the development of the country. Fortunately, the PPP frenzy has not touched the governance of the country yet, and now, people are realising the danger of PPP. In our state the PPP has reached a ridiculous level ever since the then CM SM Krishna heralded the PPP regime. The words contracts/privatisations have been replaced by the word PPP and it has made private firms, contractors reap in billions. 

 In our state, the PPP has crossed all limits. The finest example is the BMIC project, also known as Nice Road Project which would reduce Bengaluru to Mysore distance by about 25 kms. The Nice Company which is executing the project has made thousands of crores, without constructing a single km of Express High Way Road for the last 16 years. All it has done is to build the Peripheral Road from Tumkur Road to Hosur Road, a distance of 35 kms. Even though BMIC road needed around 4000 acres of land, it was given 27,500 acres of land. The company is collecting lakhs of rupees every day on the Nice Road as Toll fees which are highest in the country. 

 Obviously, the powerful politicians are backing the NICE owner Ashok Kheni. In 2001, he had no money to pay the 10 crore deposit to the KIADB towards acquisition cost, let alone constructing the road. The government gave guarantee to raise Rs.150 crore loan from ICICI Bank and today, Ashok Kheni is one of Karnataka’s richest. As per the scheme, Kheni has to handover the road and other infrastructure to the government after 30 years. The agreement also stipulated that the toll can be collected only after completion of the BMIC Express Highway, but, he is collecting the toll from the last four years. 

 Another glaring PPP model introduced was the computerisation of the Registration process. The government had developed the Software ‘Kaveri’ and even though the registration department could have implemented the computerisation, the government entrusted the contract, nay, PPP to CMS and ECIL Companies. These companies had to install necessary infrastructure in the Sub Registrar offices like computer systems, scanners, printers etc and provide the operators too. The work involved scanning the documents, saving the scanned images in the CD and the hard disk. It consisted of taking the thumb and photos of the parties, making necessary entries in the document, generating the receipt and endorsement. All these would have costed not more than three rupees per page at that time including the salary of operation, but the government awarded the contract at Rs.30 per page. 

 The contract was for a period of five years after which they had to handover the infrastructure they created to the government and the department was to continue the same task thereafter. Instead the companies have managed to continue the contract by getting extensions after extensions. The five year contract has now entered its tenth year! 

 There are about 600 operators of the companies who few months back, stuck work demanding the government to absorb them in the department as regular employees. The government has no connection with them as they are employees of the contract companies, yet, they held the registration and public to ransom. Fortunately, the government has not yielded to their demand. 

The next PPP is the case of licensed Surveyors. To clear the huge pending survey work, the government has given license to hundreds of private surveyors. And to provide them good earnings, the government also obligated for survey sketches for registration of agricultural lands. The government has also fixed the fees to be charged by the licensed surveyors, but, they charge many times the stipulated fees and the public have no choice but to get the survey done by the licensed surveyors. 

 Last year the licensed surveyors were on indefinite strike demanding to be taken in the government service resulting in pending of thousands of survey works. Even if they are taken to the government service, there is no guarantee of the government getting sufficient number of candidates from SC/ST, OBCs etc. The government can only fill the vacancies through selection process which is a complex procedure. 

 The recent PPP which has put the government in dilemma is the 108 Health Services being implemented in the State. The company which bagged the contract is running ambulance services throughout the state and provides nurses and drivers to the same. Four month back, the drivers of the ‘108’ service went on an indefinite strike demanding better wages and government jobs. Arguably, the better wages and working conditions are the look out of the company. How could the drivers of this company be provided with government jobs? Their strike caused serious damage to the health services and there were reports of few deaths in the absence of timely medical assistance. 

 Few days back, the operators of Nemmadi Kendras too demanded to be absorbed by the government. The government after developing the Bhoomi Sortware, entered into an agreement (that is PPP) with a company to run the Nemmadi Kendras by deploying its operators. These operators used to provide IL, RR, RTC, Mutation and other revenue records to the land owners after collecting the prescribed fee. The company which obtained the contract committed many serious blunders and the government recently decided to terminate the contract and run the centers on its own. Now, the operators are demanding that they be given government jobs for their experience in providing revenue records to the public! 

 Arguably, the PPP has eaten into the veins of the government and administration. Even though the government has stopped recruitment and has opted for outsourcing, that is another name for PPP, the recruitment has come back through the backdoor, where some of the outsourced employees got regularised in the departments or institutions. This PPP is striking at the very root of the governance. 

 Today, the PPP is entering the vital fields like roads, ports and even Airports, which are crucial for the security of the country. In our state, the government is proposing to execute the major roads through PPP on the pretext that it has no money! This is only a lame excuse as the government can mobilise any amount of money. At the end of the road, it is the people who have to pay through their noses. And this is PPP for you, me and them. 
That is all.

Firoz.T.Totanawala The Bangalore Metro Reporter THE MYSTERIOUS YEDURAPPA! YEDURAPPA HITTING BOTH SIDES OF THE DRUMS. WHAT DOES HE REALLY WANT?

By Firoz.T.Totanawala

The Bangalore Metro Reporter


THE MYSTERIOUS YEDURAPPA! 

YEDURAPPA HITTING BOTH SIDES OF THE DRUMS. WHAT DOES HE REALLY WANT? 

Former CM B.S.Yeddyurappa is acting funny. He is blaming everybody from his own colleagues to the High Command to the opposition parties for his predicament, conveniently forgetting that he has himself to blame. Of late, he is claiming that he does not want CM post, and he does not want state BJP President Ship. At one point, he says that he will build the BJP and at the same time, he minces no words in stating that he will leave the party if his self respect is hurt. He wants Deputy CM KS Eshwarappa to resign from the post and concentrate on his state President post. Nobody can read and understand Yedurappa’s mind... 

B.S.Yeddyurappa is acting funny these days. At one time he says, he does not want CM post, and he also does not want state BJP President Ship. At one point, he says that he will build the BJP and at the same time says that he will leave the party if his self respect is hurt. The BJP high command might has decided that Yedurappa is incorrigible and seems to have let him do anything except leaving the BJP, lest he may dent the BJP votes in the state. 

 Ever since he was forced to resign; he has become a leader of lingayath community from a mass leader. For the first six months, he expected to be reinstated as the CM. Then, he fought for the removal of D.V.Sadananda Gowda, his personal choice from the CM post. Finally he succeeded in removing him and installing his favourite Jagadish Shettar as the CM. 

 But, he is still not satisfied. He wants to become the state BJP President so that he can play a dominant and decisive role in ticket distribution to become the CM again after election. But here too, the High Command is not obliging. 

 Of course, Yedurappa is allegedly remote controlling Jagadish Shettar who is doing everything to please him. He wants the gaddi back as CM or at the worst, the state BJP President ship. In fact, there is a large chunk of leaders in State BJP who have ganged up against Yedurappa who are leaving no stone unturned to show him, his place. This has added fuel to the fire and fierce Yedurappa further. 

 In the past few weeks, Yedurappa is casting aspersions on everybody. He is touring the state along with few of his loyalist ministers and during these so called ‘drought study’ tour cum public meetings, Yedurappa is targeting everybody for the present mess he is in. He is accusing everybody from the BJP leaders in the state to the High Command including LK Advani. 

 It may be recalled that few months back, Yedurappa had accused the State BJP President KS Eswarappa of sending him to jail. He had also accused BJP National Security Anantha Kumar, the then CM Sadananda and K.S.Eswarappa of conspiracy to remove him from the CM post and subsequent imprisonment. Given the desperation of Yedurappa, Anantha Kumar simply refused to react to his charges and Eshwarappa termed it as a blessing from Yedurappa. 

 Now, Yedurappa is commenting that he was removed from the CM post by his own party leaders, more than the opposition leaders. He has blamed the High Command leaders including LK Advani for his becoming ex-CM. The other day, he crossed the limits and targeted everybody except himself for his present situation. 

 It may be recalled that the allocation of portfolios has become the biggest problem to Jagadish Shettar. When Jagadish Shettar became the CM, there was an understanding about portfolios distribution among the Yedurappa and Sadananda groups. As all the heavy portfolios are with Yedurappa loyalists, the other group wants an equal share. But the reluctance of the Yedurappa loyalist ministers to part with their ‘money spinner’ portfolios have become the raging controversy. Jarakiholi, the leader of the rebel group has time and again demanded that the portfolio reallocation should be done immediately. 

 Now Yedurappa has demanded that his loyal cronies Renukacharya and Raju Gowda be given heavy portfolios if there happens to be reallocation of portfolios. Even though the reallocation of portfolios had to be completed within a week of Jagadish Shettar becoming the CM, it is already three months and the matter is yet to be decided. The other day, Yedurappa publicly asked State BJP President and Deputy CM K.S.Eswarappa to resign from the Dy. CM post so that he could concentrate on the President’s post, which he says, is crucial for the elections. One may not wonder if Yedurappa demands resignation of another Dy. CM R.Ashoka also. One cannot say with certainty what the future demands of Yedurappa would be. 

 No doubt, Yedurappa has conveniently forgotten that he himself is solely responsible for his predicament today. Who asked him to indulge in unimaginable corruption so much that the state acquired No.1 position in corruption? Who asked him to allow his family and relatives to interfere with the administration and deals? Who asked him to dishonour Lokayukta court’s summons which ended in his going to jail? Who asked him to condemn and criticise the then CM Sadananda even though he was providing a scam free administration? Who asked him to challenge JD(S) Boss H.D.Kumaraswamy to swear before Lord Manjunath of Dharmasthala over the charges he had made against Yedurappa? Who asked him to refrain from swearing before Lord Manjunath, at the last moment, getting ridiculed in the process? Even now, devotees believe that it was Lord Manjunath who brought Yedurappa down. 

 As on now, Yedurappa is acting as if he is still the CM, but, the hard reality is that Jagadish Shettar is the CM and enjoys power, privileges and perks of a CM. Yedurappa cannot enjoy the same even though he is getting VIP treatment by the government as he is always accompanied by few ministers. But he cannot digest the hard truth. The entire blame for his pitiable position should be laid at himself and nobody else. 
That is all.

Sunday, September 16, 2012

Firoz.T.Totanawala The Bangalore Metro Reporter CASTE FOR GAINS! RANGARAM NAIK OF KRIDL CLIMBS THE LADDER THROUGH BOGUS ST CERTIFICATE!

By Firoz.T.Totanawala

The Bangalore Metro Reporter


CASTE FOR GAINS! 

RANGARAM NAIK OF KRIDL CLIMBS THE LADDER THROUGH BOGUS ST CERTIFICATE! 

 Rangaram Naik, the In charge Joint Director in Mysore Zone of the Karnataka Rural Infrastructure Development Limited (earlier Karnataka Land Army Corporation) stands as the shining example for the continued exploitation of the SC/STs. Rangaram, who belonged to the ‘Parivar’ caste, a backward tribe, got the job in KLAC in 1984. His service records show his entry as belonging to Backward Tribe, but later this was rounded off and an entry was made showing him as belonging to ST by stating that he belonged to Nayak Caste. The CRE Cell which probed the matter has reported that Rangaram had obtained bogus ST certificate. The Tahsildar cancelled the bogus ST certificate in 2009 and within six months; the same Tahsildar restored his bogus ST Certificate after holding a stage managed probe.... Rangaram Naik is a native of Haradanahalli in Chamarajnagar Taluk in Mysore District. Chamarajanagar is a district now. He belonged to Parivar Caste, which is classified as Backward Tribe. After completion of his engineering, Rangaram got appointed as TFC in KLAC (Karnataka Land Army Corporation) on daily wage basis in 1984. Interestingly, in 1987, his appointment on daily wages was regularised as TFC, but, was not made on the basis of reservation or roaster. After his daily wage appointment was regularised, Rangaram had submitted the ST certificate in 1984 stating that he belonged to Scheduled Tribe and that his caste was Nayaka. Interestingly his close relative R.Puttaswamy who also worked in KLAC as a watchman had given his caste as ‘Parivar’! 

 In 1987, most of the daily wagers were regularized, but, the corporation had not verified the caste certificate while regularising the daily wagers. Once regularised as TFC, Rangaram started making use of his bogus ST Certificate and staked the claim for promotion as Assistant Director under roaster system. In 1989, he was promoted as Asst Director and using the same bogus ST Certificate, he got another promotion as Deputy Director in 1992. Since 2006, he is functioning as the In Charge JD for Mysore Zone. 

 Even assuming that Rangaram indeed belong to Nayak Caste, one can not overlook the fact that the Nayak Caste was not classified as ST by 1984. It is a fact that the state government had recommended to the central government to treat Parivara Community in addition to others, as synonym of Nayak which was a ST. In 1986, the state government in its order with reference to the above clarified that the government of India’s decision is awaited. This implies that Rangaram was not eligible to obtain ST Certificate by proclaiming that he belonged to Nayak community in 1984. Then, how he could submit a ST Certificate in 1984 to effect that he belonged to Nayak Caste which is classified as ST? 

 Interestingly, the central government amended the constitution and brought ‘Nayak, Nayak Beda, Bedar, and Valmiki Communities under ST Tag. Remember that ‘Parivar’ caste was not included in the ST category and continued under Backward Tribes list. In the 1994 order also, the government continued Parivar in Backward Tribe List. Even the Nayak - Nayak etc. communities were brought under ST in 1991. As such Rangaram could not claim ST tag in 1984 and could not take benefit from the ST Certificate and the subsequent roaster to get promotion as AD and DD in a matter of three years. 

 Arguably, Rangaram’s bogus ST Certificate has not gone unchallenged and many petitions and complaints were made against his bogus ST. Many dalit organisations, legislators have complained to the KLAC. In 2004 itself, the KLAC Engineers Association had officially complained that by getting a bogus ST Certificate, Rangaram has cheated the genuine ST Officers in getting their due benefits. But allegedly, Rangaram has expertise in managing the top brass and they continued to ignore numerous complaints. 

 Finally, in 2005, the top brass were forced to refer the Rangaram case to the Civil Rights Enforcement Directorate. The CRE after probing the complaint concluded that Rangaram has procured bogus ST certificate. In its letter to the KLAC dated 13.10.2008, the Dy. SP of the CRE, Mysore stated that Rangaram does not belong to ST category and that he has obtained promotions through bogus ST certificate. The letter also states that he has obtained the ST certificate in 1984 and his community was brought under ST from 1991 only. The letter also makes it clear that as per the government notification in 2007, in the case of Rangaram’s case, neither the District Caste Verification Committee nor the Appellate Authority can take any final decision. 

 The CRE directed KLAC to get the bogus ST Certificate cancelled through competent authority and file a criminal case against him under Prevention of Atrocities against SC/ST and dismiss him from service. The then MD of KLAC allegedly kept the CRE letter under wraps for long and finally referred the matter to the concerned for cancellation of the bogus ST Certificate. 

 On 2.2.2009, the Tahsildar of Chamarajanagar Taluk issued an order cancelling Rangaram’s bogus ST Certificate. The Tahsildar also directed him to surrender the bogus certificate within seven days and also notified proceedings for having obtained benefits from government through bogus ST certificate. 

 But Rangaram fought back. He filed a Writ Petition in the High Court (WP No.5376/2009) against Tahsildar’s orders and proposed proceedings against him by the KLAC. The High Court on 25.3.2009 quashed the Tahsildar’s cancellation orders on the ground that sufficient opportunity was not given to Rangaram. In fact, the High Court remitted the matter back to the Chamarajanagar Tahsildar and directed him to conduct the probe after giving sufficient opportunity to Rangaram to plead his case. The HC also directed Rangaram to pay Rs.2500 to the HC legal Service Committee within two weeks and in default the HC Order will lease.

 Then, armed with the HC order in addition to alleged political and money power, Rangaram approached the Tahsildar. The Tahsildar taken away by his clout simply conducted a stage managed Mahazar and withdrew the cancellation orders of the previous Tahsildar. On 20.8.2009, the Chamarajnagar Tahsildar issued an order accepting Rangaram as belonging to Nayak which is ST! 

 One fails to understand the rationale behind Tahsildar’s ignoring the school records while coming to the conclusion. In fact, the Tahsildar has mentioned in his reports that Rangaram’s school records clearly show that he belongs to ‘Parivar’ caste. But he does not base his conclusion on these records. Rather he proceeds to conduct the Mahazar at Haradanahalli of a couple of villagers and concludes that he belongs to Nayak caste. 

 Surprisingly, the Tahsildar had also based his conclusion on the basis of ST Certificates of Rangaram’s brothers and sisters and concluded that as all others have obtained the ST Certificate, Rangaram naturally deserves the ST Tag. And most importantly, the Tahsildar has missed an important fact in all these ST Certificates of Rangaram’s relatives. The fact is that all these brothers and sisters of Rangaram have obtained the ST Certificates on a same day that is 20.9.2007, except for his wife who obtained the certificate on 30.11.2007. They have no records of getting the ST Certificates prior to 2007. 

 Further, the Tahsildar had also relied on sale deeds pertaining to the property purchased by Rangaram in his father’s name registered in 1997 and 98 vide Doc. Nos.2324/97-98, 2325/0798, 2326/97-98, 2327/97-98 and 694/98-99. In all these documents, it is shown Puttanna Naik (father of Rangaram) belonging to Nayak caste. The Tahsildar relied on these documents to conclude that Rangaram indeed belong to ST! Had the Tahsildar probed the earlier transactions of Rangaram’s family members prior to 1984, the cat would be out of the bag. 

 What does this mean? The Tahsildar has deliberately avoided investigating the issue. And based on this ST Tag given by Tahsildar, Rangaram has now staked his claim to the regular JD and consequential benefits including seniority. In that event, Rangaram will become a General Manager. It is time; the CRE should conduct a probe not only into the Rangaram episode but also the role played by the Chamarajnagar Tahsildar.

Firoz.T.Totanawala The Bangalore Metro Reporter KILLING THE CRUSADERS! AFTER HEADLESS LOKAYUKTA, THE GOVERNMENT NOW TARGETS BMTF!

By Firoz.T.Totanawala

The Bangalore Metro Reporter



KILLING THE CRUSADERS! 

AFTER HEADLESS LOKAYUKTA, THE GOVERNMENT NOW TARGETS BMTF! 

 The state government has not bothered to appoint Lokayukta for the last one year. Another post of Upa Lokayukta too is lying vacant. Besides, the government has taken control of the Lokayukta police by posting handpicked officials. Now the government has turned its attention to the BMTF. It is all set to weaken the BMTF by downgrading and bringing it under the control of BBMP Commissioner. The reason - the BMTF has taken on the unscrupulous political elements and bureaucrats, head on. If the BMTF is allowed to continue its tirade, many VIP politicians and top officials will be in soup.... 

Last month, the BBMP engineers went on a strike demanding the removal of R.P.Sharma, the ADGP and head of the Bangalore Metropolitan Task Force. They also demanded bringing the BMTF under the BBMP control, withdrawal of cases filed against them and withdrawal of police station status accorded to BMTF. If one takes a close look into the entire episode, one can definitely find sinister design in the whole thing. 

 The BMTF grabbed the headlines last year when the then Commissioner Siddaiah referred the Rs. 1500 crores civil work scam in three Assembly Constituencies - Malleswaram, Gandhinagar and RR Nagar - to the BMTF for a probe. The BMTF took the probe seriously and arrested many engineers and filed criminal cases against them. As BMTF has Police Station status, it was easy for it to register the Complaint, investigate, arrest the culprits and prosecute them on its own. Further, BMTF is headed by ADGP and reports only to the government and therefore the BBMP Commissioner has no hold over its functioning. The arrest of such large number of engineers sent shockwaves among others who are notorious for Bogus works, bogus bills etc. 

 Three months back, R.P.Sharma went a step further and invited the public to air their grievances/complaints in BBMP through its website. The response was tremendous and BMTF received hundreds of complaints. After preliminary investigations, BMTF registered criminal cases against 135 engineers. This was the last straw. If the BMTF was allowed to continue with the probe, many politicians especially MLAs and Corporators would have felt the heat. Therefore, the engineers went on strike against BMTF and even instigated their workers and Pourakarmikas who also joined them. 

 Evidently, garbage contract is an Rs.500 crores business. For the last three years, the cartel of garbage contractors have prevented the tendering process and continued the contract with 10% increase every year. The BMTF which probed the issue estimated the contract at Rs. 150 crores! And the corporation is paying almost 500 crores that is more than three times the actual contract. The garbage contractors are worried about the BMTF action and therefore want it to be disbanded. Allegedly, there is a system of sharing the booty with those who matter in BBMP. 

 Whatsoever, Sharma was shunted out from BMTF and the strike was withdrawn. Even BBMP Commissioner Shankarlinge Gowda was replaced with Rajnish Goel. But still, the garbage problem continued. Before the accumulated garbage was to be dumped in the designated dumping yards, the people in the nearby villages started an agitation demanding that no more garbage be dumped in the yards. 

 Interestingly, the CAT stayed Sharma’s transfer and he was back in BMTF and continued his tirade against the violators. Since then the government is making every possible efforts to get the CAT ‘stay’ vacated to protect the vested interests. 

 BMTF is also probing the illegal allotment of 8 acres of land in Somanahalli, in Uttarahalli hobli to the present Mayor Venkatesha Murthy and his wife Prabha under Bagair hukum scheme, on the basis of false affidavits, in 2004. Sharma had issued a notice to the Mayor and his wife for presenting them and they were quick to get anticipatory bail fearing arrest. Interestingly, Sharma served a notice to the Dy.CM and Home Minister R.Ashoka also to appear before him to depose the matter as R.Ashoka was the Chairman of Bagair hukum Committee and Venkatesha Murthy had publicly stated that it was R.Ashoka who granted them the lands! 

 Apparently, R.Ashoka was in dire difficulty. If he deposes in the case as a witness, the BMTF may treat him as a witness in the prosecution or may make him an accused along with Venkatesh Murthy and his wife. R.Ashoka, therefore has not appeared before the BMTF as of now. The Mayor and his wife have temporarily got a relief from the High Court which has temporarily stayed the BMTF case against them for a week. Interestingly, few former Mayors even accused Sharma of building his house by violating the building byelaws, but, Sharma gave them a fitting reply. 

 The BMTF now has cases of land encroachment, building plan violations etc. by about 45 Corporators and few MLAs too. If BMTF files FIRs against these people, all hell will break loose and there will be a parade of people’s representation to Parappana Agrahara. No government can afford to face such a situation and as long as Sharma headed the BMTF, it remained a distinct possibility. 

 And now, to ward off any threat, present or future, the government is making attempts to weaken the BMTF, if not disbanding it. The present Commissioner Rajnish Goel in process may recommend downgrading the BMTF Chief’s post to the IGP Cadre. Presently, the BMTF works under Urban Development Department and the BBMP Commissioner will try and bring it under BBMP, so that the Commissioner can over ride the BMTF decisions. 

 There is also a process to withdraw police station power of BMTF. Then, BMTF will become another section in BBMP which can easily be manipulated by the politicians in power. Precisely, the BMTF will become just like revenue, engineering, etc. sections of BBMP. If all goes well, there will be a sort of vigilance cell in BBMP headed by a SP level police officer in place of BMTF. So, the fight against corruption in BBMP, the epicenter of corruption, will die a natural death. 

Arguably, the BJP government famous for its corruption in state has shied away from appointing the Lokayukta for the last one year. Even though the High Court has time and again directed the government to appoint Lokayukta, the government is refusing to appoint the Lokayukta. In fact it has not even filled another vacant post of Upa Lokayukta. The government is damn afraid of the Lokayukta lest it may damage its vested interests and more importantly, as this is the election year! 

 Whatsoever, the state government to sustain its corruption ridden government, is systematically destroying the anti-graft institutions. First it was Lokayukta, now the BMTF. 
That is all.

Firoz.T.Totanawala The Bangalore Metro Reporter POLLING TIME? WILL THERE BE STATE ELECTIONS IN DECEMBER?

By Firoz.T.Totanawala

The Bangalore Metro Reporter


POLLING TIME?    

WILL THERE BE STATE ELECTIONS IN DECEMBER?

The tenure of the present assembly ends in early May next year implying that the BJP government can enjoy power till May. Jagadish Shettar has completed two months as the Chief Minister and is too timid to make his mark either on the party or the administration. He has failed to reallocate the portfolios of his cabinet ministers. The Yedurappa group which had monopolised heavy and fertile portfolios since 2008 are not prepared to lose their hen that lays golden eggs every day. Similarly, the other group led by former CM D.V.Sadananda Gowda and Anantha Kumar are not prepared for ‘light’ portfolios and are demanding equitable share of heavy and fertile portfolios. 

 Jagadish Shettar has repeatedly assured that portfolios will be reallocated, but, he unable to complete the task because of the infighting. Yedurappa also is not a contended man and wants the State BJP President post badly. He is also making covert and overt attempts at forming a regional party and wants to leave the BJP with the title of a ‘Martyr’. The dissident activities have been revived in the party. Then there is the Jarakiholi, who had earlier threatened to withdraw support to the government if Sadananda was removed from the CM post. The High Command had a harrowing time to persuade him to stay. Now, he has raised the banner of revolt and the other day, publicly demanded immediate re-allocation of portfolios. He had also demanded the Chairmanships of Boards to the MLAs by asking the present Chairmen who are in the post for many years to vacate. It is no secret that Jarakiholi faction has about 13 MLAs and is very crucial for the survival of the government. 

 Jarakiholi has already held a meeting with his group of MLAs and says that he or his faction does not need to fight the election from BJP ticket and he will see that all of them gets reelected. If one were to read his statement between the lines, one can be sure that Jarakiholi has already decided to leave the BJP. In the event of Jagadish Shettar showing the guts to re-allocate the portfolios, there will be more heart burns. Many of Yedurappa loyalists like Nirani, Shobha Karandlaje, Renukacharya, V.Somanna etc. are protesting the same strongly. There may even be resignations. There are also rumours that the Sadananda group may even submit their resignations to Jagadish Shettar, if he further delays reallocation of portfolios. It is just like giving Jagadish Shettar, his own medicine. It may be recalled that Yedurappa had made his loyal ministers to resign enmasse to force the high command to remove Sadananda. And now Sadananda is planning to repeat Yedurappa’s games. Whether one likes it or not, the fact remains that Jagadish Shettar government is standing between deep sea and the devil and counting days. 

The Congress position seems to be better and it has a clear advantage. The BJP has tainted its image beyond repair. The naked struggle for power and the unimaginable corruption is a god sent opportunity to the Congress. The way in which an honest Sadananda was removed from the CM under the blackmail of Yedurappa can be taken advantage by the Congress. The prospect of Yedurappa forming a new regional party will definitely pay rich dividends to the Congress. It is alleged that Congress has clinched a secret understanding with Yedurappa for post poll arrangement. If Yedurappa forms a regional party, he will divide the BJP votes. With the prospect of a majority of lingayaths backing Yedurappa, the Congress can have an added advantage to consolidate anti-lingayath votes in its favour. The Congress now, apparently united wants an early election so that it can come back to power. It is also alleged that to avoid struggle for CM post in the likelihood of getting majority, the Congress high command seems to have offered sharing of CM post between Parameswar and Siddaramaiah for two and half year each. 

There is another reason for Congress crying for early elections. It does not want the JD(S) to become strong. It is no secret that JD(S) of HD Deve Gowda is very strong in old Mysore area and is gradually spreading its clout in North Karnataka region also. The JD(S) State President and former CM H.D.Kumaraswamy are touring the state since six months organising the party. He is getting prominent leaders of other parties to the JD(S). In fact, Kumaraswamy is already in a election mood. The JD(S) has already held massive convention of Muslims, SCs, STs and is preparing to hold convention of other section of the Society. In the event of JD(S) getting a sizable chunk of votes, the Congress stands to lose. That is why the Congress does not want to provide enough time to JD(S) to organise and fight elections. 

 Interestingly, the BJP too does not want JD(S) to effectively fight the elections. A section of the BJP leaders too are pressing for early elections so that they can prevent JD(S) into encroaching its bases. Already the BJP is handicapped by the absence of Reddy Brothers. But, for them, the real threat is not Sriramulu, but, JD(S). In the event of any direct or indirect alliance of JD(S) with Sriramulu’s BSY Congress, the JD(S) will pose real threat to Congress and BJP. 

 Arguably, except the Ministers and other leaders enjoying the power and the resultant perks, most of the BJP leaders and total Congress and JD(S) are in favour of an early election. It is for the Election Committee to decide the same, whether to hold the elections in May next year or December this year. The EC has the power to hold the elections six months earlier to the expiry of the term of the Assembly. All indications are that the EC may opt for elections in December as there are scheduled elections in other states at that time. 
That is all.

Sunday, September 2, 2012

Firoz.T.Totanawala The Bangalore Metro Reporter MULTI CRORE LOOT THROUGH CONSTRUCTION! ADVISORY BODY-KARNATAKA NIRMITHI KENDRA, STARTS CONTRUCTION! CRORES BLOWN AWAY!

By Firoz.T.Totanawala

The Bangalore Metro Reporter


MULTI CRORE LOOT THROUGH CONSTRUCTION!  

ADVISORY BODY-KARNATAKA NIRMITHI KENDRA, STARTS CONTRUCTION! CRORES BLOWN AWAY! 


Can anybody imagine an organisation registered under the Societies Act with barely a dozen staff execute civil works to the tune of hundreds of crores and that too getting entrusted by the government? If the answer is ‘No’, then it is wrong. The fact is Karnataka Nirmithi Kendra (Karnik) sponsored by government, which is only an advisory agency for providing cost effective technologies in construction, stands as a shining example for this phenomenon. In fact the Karnik has through its activities, proven that it is above the law of the land! Unnoticed by the prying eyes of the people and the CAG, the Nirmithi Kendra is excelling in scams after scams.... 

ALL ABOUT ME! 

 Karnataka Nirmithi Kendra (Karnik), a state government sponsored society registered under Societies Act, has over the years become the epicenter of unimaginable corruption. The society has a Board of Directors consisting of few IAS Officers and private persons with the main objectives of providing technology in environmental friendly building materials and pre cast technology in construction sector. The ‘Nirmithi Kendras’ can also provide the low cost building technology to the community and this is the gist and essence of the Karnik which has centers at every district head quarters. 

 However, the Karnataka Nirmithi Kendra has entered the field of construction. It was registered in 1991 and nobody has heard of this Karnik located at an obscure place in Cauvery Bhavan. In the last few years, it started its branches in most of the districts. Interestingly, the Deputy Commissioner of the district used to look after the Kendras which have only a nominal presence. Whenever a new technology emerges from the R&D, the DCs used to look for the Kendras. By all accounts, the Nirmithi Kendras seldom ventured into constructions activities as it has no infrastructure. 

 THE STRENGTH! 

 Lately, the Nirmithi Kendras are in the field of constructions in a big way. The government had directed the DCs to act as its chairman and the CEO of the Zilla Parishat as its Secretary. In a way, the Kendras have become the joint property of the DC and CEO of the ZP at the district level. Even now, the Nirmithi Kendra at Bangalore and also at district head quarters does not have much staff. At the district level, there is only a local engineer to manage the Kendras who is paid a meager salary and provided a small cabin or a table in the DC office. At the state level, as per the information provided by the Nirmithi Kendra, the state body has one Director, two Deputy Directors, one Assistant engineer, one Accounts Manager, one Senior Work Inspector, one Data Entry Operator, two Drivers cum office Assistant and two Office Assistants totaling eleven! 

 CONSTANT PROGRESS! 

 Whatsoever, the Nirmithi Kendra over the years, is being entrusted with civil works worth hundreds of crores through Social Welfare, Muzrai, Rural Development, Housing and other government departments. Last year, shockingly, the works volume of Nirmithi Kendras has touched 1000 crore mark! How could an organisation which was established only to provide technology in building construction, execute civil works to the tune of hundreds of crores? To crown it all, the Nirmithi Kendras have no technical expertise or technical personnel, even to supervise the quality of works! 

 Arguably, the Nirmithi kendras have become money spinner to politicians in power, especially MLAs and bureaucrats like DCs and CEOs of the districts. One cannot even imagine the ‘loot’ in Nirmithi Kendra entrusted works. In 2005-2006, the Kendras had executed civil works worth around 90 crores. Last year it had touched a thousand crores! This year, it may get another extra 300 crores worth works! 

 TRANSPARENT BLUNDER! 

 Interestingly, the government has given exemption to Karnik from the Transparency Act up to Rs. 50 lakh in 2009 itself. This implies that the government departments can entrust their works upto 50 lakhs (now it is one crore) to the Karnik without calling for tender. It is this exemption that is the root cause for all the scams. 

 NO CRITERION! 

 When a government or a private construction company, wants to bag a big contract, or get empanelled in various government agencies, it should have proper infrastructure - both in manpower and materials like machineries etc. It should be able to design and estimate the work. In some tender process, the companies have to qualify for bidding through pre qualification criterion. For example, if a contractor wants to participate in the ‘Garbage clearing’ tender, he must have sufficient number of Lorries as criterion. Similarly, the company should have a good record of works done and a minimum quantum of work experience in the last couple of years as a stipulation. The company should submit all these details before qualifying for the tender. In addition, the company should have technical personnel in sufficient numbers and there are many more such conditions. 

 But in the case of Nirmithi Kendra, the less said the better. As it is only an advisory body on low cost - environment friendly and pre cast technologies, it has no manpower, plants or machineries and does not need to have technical persons - men, materials, and machines. Further, the company also does not have a research wing. The new technologies in low cost construction are being developed in the central government agencies and the same is provided to the Karnik which in turn provide to the users department and also community as a whole. 

 Despite all these ground realities, how can the Nirmithi Kendras get contracts from the government departments for building works? 

 MODUS OPERANDI! 

 The modus operandi allegedly is very simple. The DC and the CEO of ZP in the districts entrust the building works to the Kendras and also pay the ‘advance’ money to start the work. The Project Manager after receiving the advance money returns about 30 to 40 percent of the same to the DCs. And the rest is understandable. Nobody bothers about the execution of the work and its quality. The District Project Manager of the Kendra will do the work by giving it to contractors. Finally, without anybody’s notice, the full settlement will be made to the Kendras. There is no standard yardstick to the DCs - CEOs in allotting the contract to the Kendra. As the Kendras have been exempted from the Transparency Act, the DCs - CEOs will straightaway entrust the works to the Kendras. 

 ESTIMATE TRICK! 

 Interestingly, the Kendras at both District and state level, is incapable to prepare estimates or designs. But the DCs (also read CEOs) have a readymade solution to this problem. They first ask the KRIDL (formerly KLAC, a state sponsored agency to execute rural works) to prepare the design and estimate for the proposed work by promising entrustment. Naturally, the KRIDL submits the designs and estimates to the DCs and it contains a separate service charges plus VAT plus labour cess. The DCs then give a copy of this estimate to the Kendra Manager to submit his estimate without mentioning the service charge, labour cess and VAT. And the DCs simply entrust the work to the Kendra. 

 Of course, entrustment of works to the Nirmithi Kendras has become the biggest scam. How could an organisation with not even two technocrats on its rolls, undertake works worth crores? A local engineer, who is designated as the Project Manager is always at the mercy of the DCs. The local engineers who can hardly prepare an estimate for a small house, simply follows the orders of the DCs who entrusts them with big projects without any whimper. They in turn entrust the works to the contractors who compromise with quality and quantity of the works. 

 Allegedly, there is share for local body members, ZP members and sometimes even MLAs who pressurise the government to entrust the works to the Nirmithi Kendras only. Many of the government departments like Social Welfare, Rural Development etc. spend hundreds of crores towards hostel buildings, rehabilitation works, etc. The responsibility of control and suspension of the schemes of these department lies with the DCs and CEOs of the districts. As such they have become the decision makers. It is they who have to inspect the works, test its quality and pay the bill. For name sake, the Nirmithi Kendras have two private firms as third party inspection agencies. One does not understand why the engineering colleges or reputed research centres are not given this task! 

 True, the DCs have reasons to prefer Nirmithi Kendras. If they entrust the works to the KRIDL, allegedly the ‘returns’ will be less as the KRIDL officials have to look after the peoples representatives and their own superiors like ADs, DDs, JDs and up to Chairman. That is why their contribution to DC-CEOs is very less compared to Nirmithi Kendras. 
Any comments???

Firoz.T.Totanawala The Bangalore Metro Reporter HOW MUCH BLACK MONEY IS IN INDIA?

By Firoz.T.Totanawala

The Bangalore Metro Reporter


HOW MUCH BLACK MONEY IS IN INDIA?

Baba Ramdev is demanding bringing back black money stashed in foreign countries. He estimates the black money abroad at Rs. Twenty Lakh crores! It is true that there are a lot of black money in foreign banks belonging to top politicians, bureaucrats and businessmen, but, this group constitutes not even 0.5 percentage of the country’s population. 

 Bringing black money stashed abroad is fine, but what about the black money that is very much in India? Except those who could afford to go abroad and deposit their ill gotten wealth in foreign countries, nobody can even imagine stashing their ill-gotten money abroad. And the hard fact is that most of the ill gotten money is very much in India only. 

 Ill gotten money has many dimensions. The first category consists of politicians and bureaucrats who make crores through corruption. The second category consists of businessmen and corporate houses who devise ways and means to amass wealth and cheating the government of its legitimate tax. The third category consists of people who avoid paying income and other taxes. 

 The politicians and bureaucrats have made lakhs of crores through corruption. Politics has become a highly lucrative commercial venture to make a fortune that can last for generations. Of late, the thin line separating politicians and bureaucrats has also vanished. It is a well known fact that people who were hard put to meet both ends, have become millionaires after getting elected as MLAs, MPs etc. In our own state, there are myriads of such examples. 

 Bureaucracy also is neck deep involved in corruption. Few months back, the CBI had unearthed ill gotten wealth of more than 250 crores from an IAS couple in North! In our state too, there are enough examples of KAS officers amassing wealth in hundred of crores illegally. 
Some of these corrupt officials have even taken to politics. 

 If one were to take a rough calculation of the loot by the politicians and bureaucrats, the figure will shock everybody. It is in the range of lakhs of crores, many times over the national wealth. It is another matter that a small percentage of the loot might have gone to foreign countries. But, the rest remains here. The money has not gone anywhere, but, is very much in India. The lakhs of crores of rupees, are invested in real estate, gold, shares etc. As such it is easy for the government to devise proper approach to detect and confiscate these investments. If the government can detect and confiscate even 10% of such investments, there will be no need for fresh taxes in the budget for the next years! 

 There is another category of people, who as a rule, avoid payment of taxes to the government be it Income Tax or Sales Tax or even Customs duty in their transactions. It is an open secret that majority of the real estate transactions are undervalued to avoid payment of proper stamp duties. People always tend to register the deed at government’s guidelines value which is at least 50% less than the market value. In fact, the government has not brought in a scientific approach to determine the market value of properties. Even to this day, not a single case of proven cheating of proper stamp duty has resulted in conviction. Every day, thousands of crores of rupees change hands through real estate and what is accounted is a negligible amount proportionately. From this only, one can imagine the quantity of black money generated. 

 This phenomenon of accumulation of black money in real estate can be illustrated with a simple example. In Bangalore, the registration department collects about 3,000 crores as stamp duty and registration fee through registration of deeds in a year. The stamp duty is 5% and the Registration fee is one percent. This means that transactions in white are around 50,000 crores. But the real transaction will be in manifolds to this amount implying lakhs of crores of black money from real estate itself. Further, if this be the case in Bangalore, then what about the generation of black money in Mumbai, New Delhi, Chennai, Kolkata and other cities of India? It is better to leave the volume to the calculative skills of the readers. One can bet for at least Rs. 15 to 20 lakh crores of black money generated in real estate itself in the country every year! 

 With regard to the evasion of sales tax and Excise/Custom duty, it is a well known fact that major chunk of retail business is done without paying tax. It is beneficial to both trader and the consumer. With the sales tax, that is VAT as high as 14.5%, consumers will benefit if they purchase without bill and the trader can escape the payment of tax to the government. 

 Whatsoever, the black money generated in India continues to be in India through investments in real estate, bullion trading, stock market etc. It is in this area the government should set a machinery to detect the black money and collect the taxes. In fact, the black money in the market is many times the annual budget of the central government and total budget of all the states. 

 It is this area that the likes of Baba Ramdev need to introspect and fight for. 
That is all.

Firoz.T.Totanawala The Bangalore Metro Reporter THE GARBAGE MONEY! MULTI CRORE GARBAGE SCAM TURNS BENGALURU INTO GARBAGE CITY!

By Firoz.T.Totanawala

The Bangalore Metro Reporter


THE GARBAGE MONEY! 

MULTI CRORE GARBAGE SCAM TURNS BENGALURU INTO GARBAGE CITY!

Bengaluru City is stinking with hundreds of tonnes of Garbage spawn all over city roads emitting rotten smell all around. The BBMP Mayor, Commissioner, Corporators and even the state government are in a pathetic position on the issue. One cannot even comprehend this rotten atmosphere just because the garbage was not cleared for three days, due to a protest by engineers. Even though there was no connection with Garbage and the engineers strike, the Pourakarmikas and the garbage contractors joined the protest. If one takes a close look at the entire issue, one will detect a pre planned operation by the vested interests.... 

The entire administrative machinery in BBMP seems to have come under the spell of banana republic. There is no asker and no teller. From the Garden City, Bengaluru literally became the Garbage city for the last few days with garbage piling up all over the city roads. Nobody in the government or BBMP is taking responsibility for garbage clearance which has become a health hazard to the millions of Bengalurians. 

 It all started when the BMTF filed FIRs against 150 BBMP engineers for allowing building violations, land encroachments bogus works etc. Earlier, the BMTF which is probing the Rs. 1500 crore bogus works scam had arrested about 20 engineers. The engineers contend that they were forced to allow violations etc. by the Corporators, MLAs and even ministers and that they should not be booked. But the BMTF Chief R.P.Sharma, an ADGP, who directly reported to the government, refused to drop the cases and stood his ground. The corporators and other leaders united in demanding the withdrawal of cases against the engineers. 

 When everything failed, hundreds of engineers went on strike demanding withdrawal of FIRs against the engineers and shunting out Sharma. Clearly, the issue is between BMTF and the engineers, but all of a sudden, the Poura Karmikas joined the strike supporting the engineers and refused to clear the garbage. Further, the garbage contractors too brought in their work force to back the strike. This resulted in garbage piling affecting the millions of Bengalurians directly. 

 The Bengaluru District In charge Minister and Dy. CM R.Ashoka held discussions with the engineers. As a result, the government shunted out Sharma from the BMTF and the strike was withdrawn after three days. By then, the garbage had piled up on the streets but contractors had their own designs. For public consumption, they removed garbage very slowly alleging that clearing the three days accumulated garbage takes some time. Even after another three days, they had not cleared the piled up garbage. 

 Arguably, there is a big lobby of garbage contractors in BBMP who successfully extend their contract without calling for tender. They also get higher rate by every year and as on now, the tender issue is before the High Court. Apparently, the garbage contract is a multi-crore business. For the last two years, the BBMP is levying extra garbage cess of Rs.300 from every property and the collection is substantial. In addition, the labourers employed by the garbage contractors collect about Rs.20 from every house per month as their ‘Tips’ which is a voluntary cum compulsory collections. If people do not pay this tip, the garbage would accumulate in the street. Needless to say that the contractors also have their share in these tips. 

 Whatsoever, when everything seemed settled and people expected the garbage clearance soon, the dumping yard issue came to the fore. The BBMP has already identified many lands around Bengaluru where the contractors have to dump the garbage and also ensure that the people living around these areas are not affected in any way. The BBMP has stipulated scientific dumping of garbage there, but, the contractors have cared two hoots. They just transport the garbage and dump it in the filling places at the dumping yards. Consequently, a rotten smell emits all around and there are severe health hazards to the people living in nearby villages. 

 As if on cue, the villagers living around the dumping yards are now protesting the garbage dumping in their villages. They are blocking the garbage Lorries and the protests are becoming fierce by every day especially after a protestor died of heart attack during the protest. Further, the dumping yard at Mavalipuram has been declared harmful by the Pollution Board and banned for garbage dumping. It is estimated that about 5 lakh tonnes of garbage is dumped in the Mavalipuram yard over the years. The garbage contractor has not cared to follow stipulated rules on treatment of the garbage. 

 Shockingly, the BBMP is spending almost Rs. 500 crores towards garbage clearance. One can thus imagine the lucrative business of garbage clearance. In fact, the BBMP pays around Rs. 1500 per lorry load of garbage to the contractors. The contractors are bound to surrender 500 tonnes of manure produced from garbage free of cost to BBMP to be used towards maintenance of plants and trees in parks. However, allegedly, the contractors have not supplied even a tonne of the manure. 

 In fact the reason behind the garbage contractors joining the engineers’ strike is nothing but their own vested interests. They have a grouse over the BMTF which has investigated the garbage contracts and assessed the actual cost of garbage clearance at around Rs. 200 crores, while the BBMP pays around 500 crores! This glaring difference between the actual cost and the payment made is bound to become another big scam in BBMP. Thus, along with the BBMP engineers, the garbage contractors also have a grouse against the BMTF. 

 Interestingly, after the government shunted out Sharma from the BMTF, the strike was withdrawn. Three days later, KAT stayed Sharma’s transfer and he is back in BMTF. And the garbage contractors are at their tricks again with their intentionally slow removal of the piled up garbage, adding to the people woes. The dumping yard issue too has come in handy to the garbage contractor to allow more garbage on the streets. They want to portray with their tactics that the contractors are inevitable for garbage clearing and the BBMP must act as per their whims and fancies. Needless to say that many politicians in power and officials in BBMP are beneficiaries of the contractors in the 500 crore garbage deal. That is why nobody is prepared to control the wayward contractors who are holding the Bengalurians to ransom.

 It is high time, the BBMP realises its duty towards Bengaluru and Bengalurians vis-a-vis garbage clearance. Till now, they have completely let down the people. One hopes against hope that wiser counsel prevails over the people’s representatives and the officials of the BBMP. 
That is all.