Obama's new security strategy reaffirms 'strategic partnership' with India
US can no longer support world economy: Geithner
AI union threatens another strike from June 12
Link domestic, global prices of fuel: Montek
Assocham asks govt to bring down equity in PSUs to 51 pc
bama's new security strategy reaffirms 'strategic partnership' with IndiaIndian Holocaust My Father`s Life and Time - THREE HUNDRED SEVENTY Seven
Palash Biswas
http://indianholocaustmyfatherslifeandtime.blogspot.com/
Govt can acquire land sans notice!Economic Times reports!ET published today an Edit supporting Privatisation of AIR India. In Kolkata, Most Circulated Vernacular daily, the BRAHAMINICAL Zionist Mouthpiece ANAND BAZZAR PATRIKA published an Edit advocating CENT PERCENT FDI in Multi Brand Retail.Video Phone AD Prospect has to be a turnaround in AD Revenue as 3G spectrum has opened a Direct Communicative Consumer Reach Immediate. The Impact is so much so that RIL has got interest Afresh in Telecom. It would prove to be an Existence Crisis for Indian Media and the Big Players do visualise the Danger ahead. It is behaving as NON Government NGO FDI Fed to push forward the Economic Reforms resultant in Ethnic Cleansing to sustain CORPORATE Sponsorship. National Press Conference of the Prime Minister proved the point.
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The Land Acquisition Act of 1894 is a legal Act in India which allows the Government of India to acquire any land in the country. ...
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19 May 2008 ... The Land Acquisition Act, 1894 addresses the process of land acquisition in India and was last amended by the Land Acquisition Amendment Act ...
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India and sore points in land acquisition
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25 Apr 2010 ... Downloadable! We bring out the fundamental and more important problems with the current framework of land acquisition in India, ...
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Meanwhile,Obama's new security strategy reaffirms 'strategic partnership' with India!
President Barack Obama's first formal National Security Strategy, arguing that preserving American leadership in the world hinges on learning to accept and manage the rise of many competitors, reaffirms 'building a strategic partnership' with India.The strategy, being released Thursday, dismisses as far too narrow the Bush era doctrine that fighting terrorism should be America's overarching objective, the New York Times reported.
While former President George Bush's 2002 document explicitly said the United States would never allow the rise of a rival superpower, Obama argues that America faces no real military competitor, but that global power is increasingly diffuse. 'To succeed, we must face the world as it is,' he was quoted as saying.
The principal author of the report, Ben Rhodes, a deputy national security adviser, noted in an interview with the Times that Obama's move to replace the G-8 nations with a broader group, called the G-20, that includes China, India and Brazil, recognizes this reality.
'We are deeply committed to broadening the circle of responsible actors,' Rhodes was quoted as saying.
The 52-page document lays out a vision of a 'stable, substantive, multidimensional relationship with Russia' but promises to 'promote the rule of law, accountable government and universal values' within Russia and 'support the sovereignty and territorial integrity of Russia's neighbours.'
It also reaffirms that the United States is 'building a strategic partnership' with India and that 'we welcome Brazil's leadership,' the Times said.
It calls on China to take on 'a responsible leadership role' and vows to 'monitor China's military modernisation programme and prepare accordingly' while saying that disagreements on human rights 'should not prevent cooperation on issues of mutual interest'.
The strategy tries to balance the idealism of Obama's campaign promises with the realities of his confrontations with a fractious and threatening world over the past 16 months. Obama describes an American strategy that recognizes limits on how much the United States can spend to shape the globe, the Times said.
An America 'hardened by war' and 'disciplined by a devastating economic crisis,' Obama argues, cannot sustain extended fighting in both Iraq and Afghanistan while fulfilling other commitments at home and abroad.
Although the administration has put renewed focus on the war in Afghanistan and escalated CIA drone strikes against militants, the strategy rejects Bush's single-minded focus on counter-terrorism as the organizing principle of national security policy, the Times said.
Those efforts 'to counter violent extremism are only one element of our strategic environment and cannot define America's engagement with the world,' Obama says - avoiding the use of the word 'Islamic'.
Thu, May 27 10:06 AM
Ahead of Indo-US Strategic Dialogue, an Obama Administration official termed India as a "great and emerging global power" and said the talks, next week, will take the relationship between the two nations to a new level.
"I think the strategic dialogue speaks for itself. India is a great and emerging global power. Our range of interests are significant in terms of the environment, in terms of regional security, in terms of counterterrorism, economic issues," State Department spokesman P J Crowley told reporters here.
Leading a high-power delegation of several Cabinet Ministers, External Affairs Minister S M Krishna is scheduled to arrive in Washington in the next couple of days for the first Indo-US Strategic Dialogue from June 1 to June 4.
While the names of the Indian delegation has not been announced yet, it is expected that it would include Human Resources Development Minister Kapil Sibal; Deputy Chairman of Planning Commission Montek Singh Ahluwalia; Minister for Science and Technology Prithvitaj Chauhan; and Foreign Secretary, Nirupama Rao.
Secretary of State Hillary Clinton - who returned from her week-long three-nation Asia trip from Japan, China and Seoul -- would lead the American delegation.
During Clinton's visit to India, last year, it was decided that the strategic dialogue should be launched between the two countries.
"We have very strong cultural ties to India, so we look forward to the strategic dialogue. It's something that the Secretary and the President (of the US) felt important to elevate the level of our coordination and cooperation. So we look forward to the dialogue," Crowley said in response to a question.
"I think our relations with India have never been stronger. We are talking about the relations between the largest and oldest democracies in the world. We have a great deal in common and we look forward to the meetings next week," Crowley said.
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Assocham asks govt to bring down equity in PSUs to 51 pc
Industry body Assocham today said that the government should bring down its stake in 45 state-run firms to 51 per cent for raising over Rs 4.5 lakh crore, which could then be used for bridging the fiscal deficit."If the government is able to reduce its stake (in companies from sectors like power, banks and oil and gas), over Rs 4.5 lakh crore can be generated...," it said, adding that the amount would not only help the government contain the fiscal deficit but also push up stock markets.
The government has projected a fiscal deficit of 5.5 per cent for 2010-11.
Assocham said that the Centre can divest its stake in 20 banks, including SBI, Allahabad Bank, Bank of Baroda, Canara Bank, IDBI Bank and Punjab National Bank, and garner Rs 22,302 crore.
The power sector PSUs that can be subjected to disinvestment are NTPC, PFC, POWERGRID and the Rural Electrification Corporation, it added.
"If government bring down its equity to 51 per cent in these four companies, it would earn a revenue of Rs 99,044 crore," it added.
In the oil sector, disinvestment should take place in BPCL, HPCL, Indian Oil, Mangalore Refinery & Petrochemicals and ONGC. The government can generate Rs 78,857 crore through this, it said.
The government proposes to raise Rs 40,000 crore during the current fiscal from the sale of equity in public sector undertakings, up from about Rs 25,000 crore a year ago.
Link domestic, global prices of fuel: Montek
The Planning Commission has pitched for linking of domestic fuel prices with those in the international market saying it is necessary for country's global "economic reputation"."India's international economic reputation requires us to say that fuel prices are going to be linked to global prices. I think that linkage (of fuel prices with global prices) is unavoidable," Planning Commission's Deputy Chairman Montek Singh Ahluwalia told PTI.
Asked about the affect of deregulation of fuel prices on poorest of the poor, he replied, "If you want to give (subsidised) kerosene to BPL household, give them."
"I personally think we should explore that possibility (of giving direct subsidy) as elsewhere in the world that is regarded as very positive thing to move to the direct (fuel) subsidy," he said, when asked about leakages and diversion of subsidy on fuel.
The government has already formed an Empowered Group of Ministers (EGoM) headed by Finance Minister Pranab Mukherjee on fuel prices deregulation. The EGoM is expected to meet on June 7.
Besides freeing petrol and diesel prices from government control, dealing with the revenue lost on selling domestic LPG and PDS kerosene below cost is also on agenda of the EGoM.
For petrol and diesel prices to be freed from government control, rates would have to be raised by over Rs 6 a litre.
Indian Oil Corp, Hindustan Petroleum and Bharat Petroleum lose 255 crore a day by selling fuel below cost. They may end the fiscal with a Rs 90,000-crore revenue loss.
They currently sell petrol at a loss of Rs 6.07 a litre, while the loss is Rs 6.38 per litre of diesel, Rs 19.74 per litre of PDS kerosene and Rs 254.37 per 14.2-kg LPG cylinder.
US can no longer support world economy: Geithner
US Treasury Secretary Timothy Geithner played down talk here Thursday of differences with Europe on spending cuts but stressed that US consumers could no longer support the global economy alone."We all understand and we all agree that part of global recovery, part of making sure our economies are growing ... is to commit to clear objectives for reducing our fiscal positions to sustainable levels over the medium term," Geithner said
"That is absolutely essential, we all agree on that," he said in Berlin after talks with German Finance Minister Wolfgang Schaeuble.
"We are going to get there at somewhat different paces, the magnitude of adjustment will differ, as we all come to this from different positions, with different underlying growth rates, different overall debt burdens."
Alongside Greece, Portugal and Spain -- all of whom have seen their borrowing costs rise sharply in recent months as investors fret over their solvency -- other EU members like Italy and Britain have also announced austerity measures.
Germany, Europe's biggest economy, is also set to follow suit, reportedly leading to concerns in Washington that the 27-nation European Union is jeopardising economic growth.
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Geithner said the world economy could not rely in the future on US consumer spending as it has done in the past.
"US consumers are going to be less of a source of demand for the world in the future ... You can see China recognising that imperative and putting in place a very strong programme of reforms to make sure that growth is coming more from domestic demand in the future," he said.
"That broad challenge of making sure that global growth in the future is more balanced and more sustainable is important and something leaders all agreed to" at previous Group of 20 meetings, he said.
Geithner met Jean-Claude Trichet, president of the European Central Bank in Frankfurt late Wednesday before talks with Axel Weber, head of Germany's central bank the Bundesbank, on Thursday.
On Wednesday he was in London for talks with George Osborne, Britain's new finance minister.
The talks were in preparation for a meeting of finance ministers and central bank chiefs from the G20 top world economies in Busan, South Korea on June 4-5 and a G20 leaders' summit in Toronto, Canada on June 26-27.
Geithner said the chances of agreement on tighter financial regulation had grown.
"I think we in a very good position to put in place a much better system than we had going into this crisis," he said.
Wind up Air India
27 May 2010, 0754 hrs IST,ET BureauThe strike by two unions of Air India barely three days after the tragedy at Mangalore was uncalled for, wrecking passenger schedules. Though the strike was called off on Wednesday, the troubles of the ailing behemoth go far beyond union scrapes. The national carrier's existence inconveniences passengers and wastes capital. The government should wind-up Air India. It must exit from the airline business that has many efficient players meeting the economy's needs without bleeding the exchequer. The reasons are compelling. The combined losses of the National Aviation Company of India (Nacil), formed by merging Air India and Indian Airlines (IA), were estimated at a staggering Rs 5,448 crore in 2008-09 . Air India is also saddled with all the ills associated with state ownership. Political interference, policy inaction and patronage of vested interests have stifled the airline. The government should extricate itself from the mess rather than throwing in more money. Most countries have got over the idea of owning a national flag carrier. The world's big airlines are publicly listed with dispersed shareholding. India should follow.
The government should have a time-bound sale plan for Air India. It should redeploy resources in a new strategic sector that is beyond the capacity of the private sector . Air India will find buyers as it has assets to put on the table. The AI and IA merger was prompted by the dropping bottom lines of both, faced with competition from private airlines. But their balance sheet shows that two failed airlines have not made a successful unified airline. Sure, the aviation industry saw hard times during the downturn. High fuel costs coupled with the drop in air traffic dented the profitability of all carriers, including Nacil. But Nacil continues to flounder while other airlines have done better. Privatisation is the answer. Employee unions should be allowed to form a company and bid for the airline. A good buyer can transform the airline into a lean and viable entity that can be a shot in the arm for India's aviation sector.
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Thu, May 27 - 4:53PM IST
Intense buying activity across the bourses, led the domestic markets to end the volatile trade on high note. The key benchmark indices ended today s session on green note tracking strong global cues. ...
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Editorial Yuan talks A revaluation of the yuan is unlikely to work any miracles for China. Wind up Air IndiaThe government should have a time-bound sale plan for Air India. End this paan-demicIt is shocking that Howrah Bridge is falling prey to corrosive red menace. | ||
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http://economictimes.indiatimes.com/Opinion/Wind-up-Air-India/articleshow/5979320.cms
AI union threatens another strike from June 12. The Air Corporation Employees Union (ACEU), which spearheaded the two-day strike in Air India, on Thursday threatened another such action from June 12 charging the management with conspiring to instigate trouble and later declare a lockout in the national carrier.
"Air India CMD Arvind Jadhav is carrying out dictatorship. He is bent on destroying the airline. He is trying to instigate the workers to go for action and then declare a lockout on that pretext," ACEU general secretary J B Kadiyan said.
"This is a conspiracy," he said, adding that the union has served another strike notice from June 12.
In an unprecedented action, Air India sacked a total of 58 employees including union leaders, suspended another 24 and de-recognised two unions which led the stir - ACEU and All India Aircraft Engineers' Association.
Claiming that the management initiated disciplinary proceedings "immediately after we signed the conciliation proceedings last evening", Kadiyan said "the employees who did not join the strike were also served termination notices".
"We withdrew our strike on a personal appeal by Chief Labour Commissioner S K Mukhopadhyay and in the interest of the company," the ACEU leader said, adding that all offices of ACEU and All India Aircraft Engineers Association across the country were sealed through the night.
"Our offices have not only been sealed but management representatives have tampered with our records and even taken away some of them. How shall we fight the court battle when we don't have any record? How can we function," he said.
"Our records have been sealed and we cannot take any legal remedy. We can't reply to the notices issued by the court," Kadiyan said.
The unions had gone on a flash strike protesting against a 'gag order' on members for talking to the media after Saturday's air crash in Mangalore and 'delay' in payment of salaries. The management, however, clarified there is only one general circular and that there was no 'gag order".
The strike was called off on Wednesday after the Delhi High Court restrained the agitating employees from continuing the stir and the government talked tough giving a free hand to the management to deal with them.
Bust them
Thu, May 27 04:18 AM
It took a stay on their strike from the Delhi high court, a directive from the civil aviation ministry asking the Air India management to take "strong, appropriate and decisive action", and the termination of the services of a few employees, for the two AI unions — the Air Corporation Employees Union and Air India Aircraft Engineers' Association — to end their two-day-long harassment of passengers across the country and financial sabotage of the ailing airline, evoking memories of last September when AI's "five-star workmen", its fabled pilots, had infamously struck work over pay cuts. Now, some may opine that the union leader as a manipulative rabble-rouser is a stereotype, concocted by the enemies of the workers of the world to discredit their struggle. Yet, an assessment of the conduct of the leaders of the two AI unions that went on the flash strike on Tuesday collapses again, as on innumerable occasions earlier, the "stereotype" into the real thing. Consider the fact that the 150-odd office-bearers of the two unions that grounded the trouble- and tragedy-struck airline are paid like employees while they do nothing but union work, enjoying near-unlimited free flights on AI.
Consider also that AI pilots (repeat offenders who, for once, were not party to the strike) and flight engineers are so highly paid as to ridicule their self-definition as "workers". When such engineers join the AI ground and technical staff of the other union over a directive forbidding union leaders from speaking publicly about their "grievances" or about "safety issues", is there any depth left for AI to fall? Immediately after Saturday's Mangalore crash, the Indian Commercial Pilots' Association wasted no time in exploiting the tragedy to write to the prime minister apparently about AI's "safety", but really about their competitors — expat pilots.
In the national interest and that of the national carrier losing money in millions annually — to be further impoverished by paying millions in refunds — we must ask how much longer passengers and the public exchequer will be held to ransom by an anachronism such as AI in its present avatar. The word "efficiency" is missing from AI's work manual; it's suffered a botched merger in the recent past. Above all, AI is a stagnated business, employing half a lakh employees on what must be construed as a charitable basis, who are unwilling to give up an inch of their blackmailing monopoly in a competitive market where their employer is fast losing territory. So even if they don't yield, something, somehow, will have to give.
Thu, May 27 04:18 AM
On the first anniversary of UPA-II in office, Bibek Debroy has produced a report card showing a largely poor performance ('Press conference blues', IE, May 26). Out of 25 promises made for the first 100 days, only four have been kept, claims the writer. Even the women's bill — one of the four — has crossed only the first hurdle (Rajya Sabha), and there's no sign of it's coming to Lok Sabha soon. Besides the fact of disappointing governance, Debroy lists "public bickering" and "non-accountability" of ministers. He has rightly noted that several reforms could have been accomplished by the executive mode itself but even these have "stagnated".
— M. Ratan New Delhi
Get them
This refers to the editorial 'Now for the rest' (IE, May26). Ironically, the man who for years circumvented the law and relentlessly unleashed a reign of terror on Ruchika Girhotra's family, witnesses and even journalists insisted on his "legal rights" in court, which enhanced his punishment to 18 months. But the question, at present, should not just be of punishing Ruchika's molester, but also bringing to book all those political, administrative and educational authorities that tried to help the former DGP S.P.S. Rathore in his unlawful and unethical deeds. Be it the former CMs, Haryana bureaucrats or the Sacred Heart Convent authorities, all must be put in the dock and publicly censured if they cannot be immediately, legally punished. There's plenty of evidence to prove their complicity, only if we don't allow legal and departmental trappings to delay the proceedings indefinitely.
— Ved Guliani Hisar
It has been aptly brought out in your editorial 'Now for the rest' that all those who combined to inflict a sustained harassment on Ruchika's family must also be identified and brought to justice. Without obtaining the burden of agony, Rathore and the rest should confess and accept justice and punishment. The government should stop the pension, perks and privileges granted to them. The notification granting IPS status to Rathore should also be annulled. People's support for the aggrieved is appreciated. The media should continue exposing such people with constant follow-up regarding existing pending cases of moral turpitude and corruption.
— S.C. Vaid Greater Noida
Blindsided?
The stinging slap administered by Shibu Soren reflects poorly on the new national leadership of the BJP ('No closure', IE, May 26). Is the BJP a "party with a difference" or is it one "of differences". Further, is it not true that the Karnataka CM has lost his political élan because the BJP national leadership sided with the mining money bags, the Reddy brothers? For the sake of power, in Jharkhand and Karnataka, the BJP compromised unabashedly. Now, it will be interesting to watch how the Congress behaves in the days to come, after the assembly test for the redoubtable Soren.
— Prasad Malladi
Thu, May 27 04:18 AM
In Delhi for consultations with his Indian counterparts and senior political leaders ahead of the first Indo-US strategic dialogue, US Under Secretary of State for Political Affairs WILLIAM BURNS, in an interview with PRANAB DHAL SAMANTA, touches upon a wide array of subjects, from bilateral issues to those concerning the region. Burns is a career diplomat who was appointed to this post by the Bush Administration and has been retained by Secretary of State Hillary Clinton.
Pranab Dhal Samanta: What is your assessment on Pakistan's actions against groups like the LeT?
William Burns:A group like the Lashkar-e-Toiba which has been responsible for a terrible loss of lives, a terrible terrorist attack like Mumbai which killed innocent Indians, killed six innocent Americans... We understand that and we have reinforced to the Pakistani leadership, very clearly, the importance of clamping down on violent extremist groups, in particular the Lashkar-e-Toiba. We don't believe you can distinguish between violent extremist groups who may try to operate out of Pakistan. All of them threaten our interests, your interests, threaten Pakistan's self interest... We think it is essential for Pakistan to do all it can, as fast as it can, to work against any violent extremist groups, and that includes LeT.
Pranab Dhal Samanta: India has maintained that it is not sure if sanctions is the best way forward on the Iran nuclear issue. The US, on the other hand, is pressing ahead with sanctions.
William Burns:The fact is that the United States and India share a concern about Iran's nuclear ambitions. Both of us are opposed to a nuclear armed Iran and understand the strategic consequences posed by that, particularly in the Gulf, which is a region important to both of us and to the global economy. Second, India's record of implementation of previous UN Security Council resolutions has been admirable. And I have every reason to believe that will continue to be the case if and when a new resolution is passed. Third, India has been consistent in voting to hold Iran accountable for failing to meet its international nuclear obligations in a series of votes at the IAEA Board of Governors, most recently, last November. I think India's actions in that regard have helped underscore the reality that what's at stake here is not Iran's right to a peaceful nuclear energy programme. President Obama has made clear that we acknowledge that right. The issue is Iran's failure to fulfill the responsibilities that come with that right... President Obama has made unprecedented efforts over the course of the last six to 10 months to reach out to the Iranian leadership and try to engage in serious diplomacy... It is deeply unfortunate that till today there hasn't been a constructive Iranian response to that effort and that's why the president has concluded that it is important to demonstrate that there are consequences when a country like Iran fails to live up to its international obligations. A new sanctions resolution is not an end in itself; it is not a substitute or alternative for continued efforts at diplomatic engagement. The door is still open to that and the United States remains committed to that.
Pranab Dhal Samanta: As that situation unfolds, India is keen to step up engagement with Iran. How do you perceive this?
William Burns:What we think is essential right now is to send a strong collective international message of concern about the (Iran) nuclear issue. That's why we are moving ahead with our partners in the Security Council. It is notable that the five permanent members have agreed on a text and we are working actively with the 10 other elected members now. As I said before, we have every reason to believe that India, as it has done in the past, would implement any resolution that's passed.
Pranab Dhal Samanta: There have been reports about China considering sale of additional nuclear reactors to Pakistan. Does that concern you? Should the matter be brought before the Nuclear Suppliers Group?
William Burns:Well, China, as a member of the Nuclear Suppliers Group, has particular responsibilities, and we expect that China is going to live up to those responsibilities. If there has to be an exception, then yes it would come (to the NSG). All I would say now is that we expect China to live up to the obligations it agreed to when it became a member of the NSG.
Pranab Dhal Samanta:Can you give us an overview of the conversation you have had here ahead of the strategic dialogue next month? What are the specific deliverables you are considering?
William Burns:We have completed the reprocessing agreement six months ahead of schedule, and that's a mark of our commitment to following through vigorously on the implementation of the civil nuclear initiative. The opportunity before us now is to widen our partnership and the agenda of the strategic dialogue. We have increased law enforcement cooperation, the sharing of information, which I think has been very important for the both of us. Cooperation in defence modernisation — if you look at military exercises, US and India today have more bilateral military exercises than we do with any other country in the world... There have been a number of potentially important sales on the horizon, including the sale of an advanced fighter aircraft that the Indian government is considering, valued at something like $10 billion, which is the single largest defence contract in the world. In food security and agriculture, we are looking at ways we can work together on modern weather forecasting, on agricultural innovation — not only in the interest of our two agricultural sectors, but also in third countries where can promote agriculture — in Africa, in other parts of the world.
Pranab Dhal Samanta: There have been concerns in India over US defence sales to Pakistan, particularly F-16s. This has raised questions over whether the US can be a reliable defence partner.
William Burns:First, I understand the concerns. Second, what I would emphasise is that we share an interest in a stable, democratic Pakistan that succeeds in defeating the violent extremists who threaten Pakistan's own stability. We have tried to calibrate our assistance to Pakistan both in security terms and increasingly in economic development terms... United States both wants to be, and will be, a reliable defence partner with India and we can contribute significantly to India's defence modernisation. We are very mindful, in any kinds of arms transfer we make, of the importance of wider regional security and we take those concerns into account. We are also concerned about other ways in which technology can be used, ways that don't suit our interest... Now, the judgment is for India to make, but I firmly believe that United States is a reliable security partner for India and we can expand that in the interest of both our countries.
Pranab Dhal Samanta: India and Pakistan have recently agreed to start talks on reducing trust-deficit between both countries. How important is this dialogue to Washington from the point of view of executing President Obama's Af-Pak strategy?
William Burns:I am very well aware of the concerns that get expressed in India sometimes about re-hyphenation and that is not the policy of this administration. We attach enormous importance to our partnership with India. The only hyphen that we want to see is the one that links India and America. Obviously, as we have made clear in this administration and in the previous administrations, we welcome improvement in relations between India and Pakistan, and we welcome the steps that the prime minister has taken to reach out to stimulate and sustain the dialogue with Pakistan. The fact is that the pace, the scope, the character of that dialogue is something for Indians and Pakistanis to determine. And we don't intend to inject ourselves into issues that come between Indians and Pakistanis, unless Indians and Pakistanis ask us to. The agenda that I have tried to describe is the agenda of this administration.
Pranab Dhal Samanta: One understands that a liability law is a domestic US requirement for allowing its companies to invest abroad in the nuclear sector. But how important are the details, like the amount of liability etc.?
William Burns: The prime minister emphasised that in order for India to play that role in global civil nuclear energy affairs, it is important to apply international standards in areas like liability. So it is in India's self-interest to ensure that whatever legislation is passed meets those international standards... Amounts are something that (the Indian) Parliament would have to determine. What's important to any company, to American companies, to Indian companies, to foreign companies that want to participate, is to have a liability legislation which meets international standards.
Thu, May 27 02:39 AM
Global pharmaceutical companies have increased their focus on high-growth emerging markets as a consequence of severe pricing pressures faced. This is due to escalating R&D costs, drying up of pipelines for new drugs and increasing pressures from payers and providers to reduce healthcare cost. Pharmaceutical companies are looking for new ways to increase revenues, boost drug discovery potential, diversify risk, reduce time to market and squeeze costs along the value chain.
The social, demographic and economic context within which the pharmaceutical industry operates is changing dramatically. The population is growing and ageing, new areas of medical need are emerging and the diseases in developing countries are increasingly similar to those that affect people living in the developed world. These changes will generate some huge opportunities for pharmaceutical companies across the globe.
In PricewaterhouseCooper's latest report, Global pharma looks to India, we examine the opportunities available in India. Given the current rate of growth, India should be among the top 10 pharmaceutical markets by 2020. Tapping into the potential of the Indian pharmaceutical market will become important for global pharmaceutical companies.
India's population is growing rapidly, as is its economy—creating a large middle class with the resources to afford Western medicines. Further, India's epidemiological profile is changing, so demand is likely to increase for drugs for cardiovascular problems, disorders of the central nervous system and other chronic diseases.
Further, health insurance and government spending is set to increase. Together, these factors mean that India represents a promising potential market for global pharmaceutical manufacturers. India's domestic pharmaceutical industry, which was worth around $11 billion in March 2009 is expected to rise to $30 billion by 2020. The domestic market is very fragmented; more than 10,000 firms collectively control about 70% of the market. These are early days of consolidation.
US pharma major Abbott has valued domestic formulations business of Piramal Healthcare at more than nine times its sales. Abbott will make an upfront payment of $2.12 billion plus $400 million annually for the next four years. The acquisition has given the US major immediate market leadership with 7% market share in India, the world's second fastest-growing emerging market. Strategic acquisition will propel Abbott's annual sales to grow at 20% in India and is expected to exceed $2.5 billion by 2020.
The sale includes 350 brands and trademarks and a plant at Baddi. It also entails the transfer of employees in the domestic formulations business of Piramal Healthcare. Piramal will retain its custom manufacturing, over the counter consumer products, active pharmaceutical ingredients, vitamins and fine chemicals, diagnostic services and devices business. The company has entered into a non-compete clause for eight years from the closing date of the deal. This means that it will not enter the domestic formulations business till 2018.
Post 2005, India has been working on Trips compliance and moving towards a products patent regime. Indian companies will need to discover newer drugs to climb the innovation curve. In a scenario like this, Indian companies will have to decide whether they should exit or realign their businesses with a strategic partner. The Indian pharmaceutical industry, over the past two years, witnessed significant M&A activity. Recent M&As have had high premiums. Year 2008 saw India's largest pharmaceutical company, Ranbaxy Laboratories, being acquired by Japan's Daiichi Sankyo. This was a landmark deal in the Indian pharmaceutical history, where Ranbaxy's promoters relinquished their entire stake to the acquirers for $4.6 billion. This acquisition demonstrated the strong interest global companies have in the Indian pharmaceutical market and their willingness to pay high valuations for established Indian businesses. Other big deals in the sector are Fresenius Kabi acquiring Dabur pharma for $220 million. Mylan buying Matrix labs for $736 million and French major Sanofi Aventis acquisition of India's leading vaccine market Shantha Biotech for $781 million. As more MNCs enter the Indian pharmaceutical market, Indian players will have to grow fast, organically or inorganically, to compete.
Global pharma is realising new opportunities are now emerging economies like Brazil, China, India, Indonesia, Mexico, Russia and Turkey. Global players in the pharmaceutical industry cannot afford to ignore India. India, many predict, will be the most populous in the world by 2050. India will make its mark as a growing market, potential competitor to global pharmaceuticals in some key areas and a potential partner in others. Going forward, we will continue to see consolidation in this area and increased M&A.
The author is the India leader for pharma & life sciences at PricewaterhouseCoopers. Views are personal
Auto sector rebound could outpace global recovery: Moody's
The global auto sector could recover more strongly than the economy as a whole in several parts of the world, rating agency Moody's Investor Service said on Thursday."The recovery of the global auto sector looks to be stronger than the macro-economic recovery in many regions, driven by demand and pricing," a statement said.
While Moody's raised its outlook for the global sector to positive from stable a week ago, it also warned Thursday that certain risks could yet derail a robust recovery.
But Moody's senior vice president Falk Frey said that "compared to where the industry was a year ago, the turnaround in volume sales, demand and to a lesser extent in pricing has been faster than we anticipated."
The auto sector benefitted now from trimmed US capacity in particular, with Chrysler being absorbed by Fiat and General Motors and Ford streamlining their offers, the report said.
Globally, it cited the accounting firm PriceWaterhouseCoopers as estimating that capacity utilisation had risen to 72 percent from 66 percent, though it remained below the widely considered break-even point of 80 percent.
Demand had picked up meanwhile by 13 percent between January and April from the same period a year earlier, especially in the US, China and emerging markets.
Risks to the rosy forecast included rising prices of raw materials and concern over debt in Europe that might cut consumer spending and have a negative impact on bank financing, Moody's cautioned.
Govt to come out with IT, tele gear import norms to address national security concerns
27 May 2010, 0152 hrs IST,Amiti Sen & Deepshikha Sikarwar,ET BureauNEW DELHI: The government will soon specify norms for import of telecom and IT equipment from all countries to address national security concerns, clearing the uncertainty over use of foreign equipment in telecommunications. The home ministry is working with the department of telecom, IT ministry and NSA on guidelines to minimise the risk of spyware being embedded in the imported equipment. The Indian Institute of Science has been roped in for technological support.
"We will announce guidelines for importing telecom and IT equipment in the next few days which would be applicable for all countries," a government official told ET. The idea behind the move is to end all ambiguities about what cannot be imported by telecom operators. Recently, DoT stopped approving imports of telecom equipment from China after the home ministry and the prime minister's office(PMO) expressed concerns that it could pose a threat to national security.
Following China's protests that its companies cannot be discriminated against, the commerce department clarified that there was no ban on imports from specific countries but due to security concerns it had been decided that imports would be cleared on a case-to-case basis.
"Once the guidelines are announced, the industry would be clear on how to go about importing telecom and IT equipment and how to ensure that there are no mala fide activities once the imports have taken place," the official said.
One possibility is to place an Indian professional at the factory where the imported equipment is tested to ensure that it is not tampered with.
"While we are looking at that option, we also have to address the danger of viruses being introduced through remote access once the equipment is in the country," the official added. The guidelines are not yet decided as the government is still examining the best possible options.
Malware embedded in telecom and IT equipment imported by a country could expose it to the risk of a total collapse in its communication network if the supplier from the importing country sends a virus through remote access. "Although there are only a few countries which pose a risk for us, the guidelines will be applicable to all imports," the official said.
State-owned BSNL recently banned Chinese vendors Huawei and ZTE from bidding for its Rs 2,000 crore contract for supply of 55 lakh GSM lines for its northern and eastern zones. Telecom companies claim that Chinese makers like Huawei and ZTE offer much lower rates than European ones like Nokia and Ericsson.
India Inc no more caste blind; 150 firms profile SC/ST data
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NEW DELHI: At least 150 companies, including some from the Tata Group, have started collecting data about their SC/ST employees, as India Inc is no more "caste blind", according to a CII paper on affirmative action. "CII's sponsored Code of Conduct for affirmative action, which commits the company to no discrimination in its employment policies, has been signed by 690 companies of which 150 have started collecting data on SC/ST employees," the paper said. It said that the Tata firms have committed themselves to a policy of positive discrimination whereby they will "actively favour" SC/ST candidates for employment. "We are convinced that we need to play a pro-active role in inclusive growth which is in the industry's interest itself," CII President Hari S Bhartia said. In his interaction with top industry leaders yesterday, Prime Minister Manmohan Singh had asked them to reach out to the rural economy and the underprevileged sections of the society through affirmative action. Tata Group companies like Tata Teleservices and New Delhi Power Limited favour SC/ST candidates in their recruitment, provided they meet competency threshold and "more importantly show the desire to learn", the CII compendium on affirmative action said. It said while the private sector was "caste blind" till early 2007, the industry responded to the Prime Minsiter's call for a positive discrimination through the SC/ST communities in their HR policies and business processes. The chamber which had set up a Council on Affirmative Action under chairmanship of Jamshed J Irani is pursuing the agenda under four major initiatives: Employability, Entrepreneurship, Education and Employment. It said the initiatives "have made a difference to the lives of over 37,435 SC/ST youth in all regions of country. "We wanted to show measurable results," Bhartia Said. The companies which are involved the vocational training programmes for underprivileged include Infosys, Thermax, HSBC, Mahindra and Mahindra, Crompton Greaves, Cummins India, Godrej and Boyce, Forbes Marshall and Hero Group. In terms of job preferences, Bannari Amman Apparel has employed only members of backward class in its weaving unit in Kanchipuram district in Tamil Nadu. Of 1300 socially disadvantaged women employed with the company, 65 per cent belong to SC/ST communities. | |
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Govt can acquire land sans notice
27 May 2010, 0431 hrs IST,Sanjay K Singh,ET BureauNEW DELHI: The state can acquire land even if owners have not been issued a notice, the Supreme Court has ruled. The apex court added that land acquisition will not be illegal even if there are discrepancies in the notice served to affected owners under the provisions of the Land Acquisition Act.
"Section 9 of the act (Land Acquisition Act, 1894) provides for an opportunity to the 'person-interested' to file a claim petition with documentary evidence for determining the market value of the land and in case a person does not file a claim under Section 9 even after receiving the notice, he still has a right to make an application for making a reference under Section 18 of the act."
"Therefore, scheme of the act is such that it does not cause any prejudicial consequence in case the notice under Section 9(3) is not served upon the person interested," said a vacation bench comprising Justice B S Chauhan and Justice Swatanter Kumar.
The court said: "The land vests in the state free from all encumbrances when possession is taken under Section 16 of the act. Once land is vested in the state, it cannot be divested even if there has been some irregularity in the acquisition proceedings. In spite of the fact that Section 9 notice had not been served upon the person interested, he could still claim the compensation and ask for making the reference under Section 18 of the act. There is nothing in the act to show that non-compliance thereof will be fatal or visit any penalty."
The court rejected the plea which had said that the provisions of Section 9 of the act was mandatory in nature and non-compliance thereof would vitiate the award and all other consequential proceedings.
Zeroing in on Section 9 of the act, the bench said, whether the provision is mandatory or directory, depends upon the intent of legislature and not upon the language for which the intent is clothed.
"The issue is to be examined having regard to the context, subject matter and object of the statutory provisions in question. The court may find out as what would be the consequence which would flow from construing it in one way or the other and as to whether the statute provides for a contingency of the non-compliance of the provisions and as to whether the non-compliance is visited by small penalty or serious consequence would flow therefrom and as to whether a particular interpretation would defeat or frustrate the legislation and if the provision is mandatory, the act done in breach thereof will be invalid," remarked Justice Chauhan writing the verdict for the bench.
It said, "failure of issuance of notice under Section 9(3) would not adversely affect the subsequent proceedings including the award and title of the government in the acquired land. So far as the person interested is concerned, he is entitled only to receive the compensation and therefore, there may be a large number of disputes regarding the apportionment of the compensation. In such an eventuality, he may approach the district collector to make a reference to the court under Section 30 of the act".
Market
Duration: 05:28
Posted: 27 May, 2010, 0008 hrs IST
Duration: 03:51
Posted: 26 May, 2010, 1825 hrs IST
Crisis in West will only get worse, warns Stiglitz
26 May 2010, 0658 hrs IST,George Smith Alexander & Sugata Ghosh,ET Bureau
MUMBAI: When the world's biggest economy gambles with other people's money, blaming smaller nations that pay the price only protects a system that's flawed. Nobel Prize winner and Columbia University professor Joseph Stiglitz, a bitter critic of that system, tells ET why Greece can't be blamed, why the US is in for another shock, and how Washington is still missing the point. In one of the bleakest forecasts for the West, Mr Stiglitz forecasts more pain if economies in Europe and the US go on an austerity drive to improve their deficits. He is certain that there will be more mortgage defaults and unemployment in the US would not fall to normal levels until the middle of the decade. "We expect the number in 2010 to be larger than in 2009. Things are getting worse. That's one of the reasons why I am not optimistic about a quick recovery." Mr Stiglitz, a winner of the 2001 Nobel prize and the John Bates Clark medal in 1979—the latter is awarded to economists under 40, came into public limelight for his attacks on economic orthodoxy in the wake of the Asian crisis of 1997. The IMF had imposed stringent austerity measures, which meant swinging cuts in government spending, as currencies plunged in the wake of a balance of payments crisis.
Mr Stiglitz's ferocious attacks on the IMF's standard prescriptions, both for dealing with crises as well as the broadly gamut of free-market policies known as the 'Washington consensus' reportedly led to his firing in 2000 from the World Bank. Ten years later, Europe is following the same flawed policies, says Mr Stiglitz. "What is clear (is) that the current approach in Europe is wrong and the current approach is to try to impose extreme austerity and that will lead to a weaker economy and lower tax revenues, and so the reduction in deficits will be much smaller than hoped." But despite the problems in Europe, Mr Stiglitz feels the euro will survive, albeit with higher volatility as larger European countries like Germany benefit from a common currency. "The benefits that Germany and others get from the euro are sufficiently great, the political commitment is sufficiently great and I think it would survive. But it would be on the basis of muddling through, which will mean a lot of global financial volatility." Mr Stiglitz is happy that India did not follow the policies prescribed by the US. "Our regulatory structure was flawed. I am glad that you didn't follow (Henry) Paulson's advice," he says. |
'China has best long-term fundamentals, but India is good investment in the short term'
27 May 2010, 1516 hrs IST,ET Now Wilfred Sit, Head of Investment Strategy, Mirae Asset Global Investments is a man of many achievements. Responsible for managing the Asia Pacific ex-Japan team of portfolio managers and analysts based in Hong Kong and Singapore, he manages the Mirae Asset Asia Pacific Sector Leader Fund and Mirae Asset Asia Sector Leader Fund, as well as various China mandates. Before joining Mirae Asset, Sit worked at Baring Asset Management Asia, where as Head of Asian Equities, he was responsible for regional investment research and strategy. He managed Baring Asia High Alpha Funds, including Baring Eastern Trust and Baring Asia Growth Fund. The former was awarded Best Eastern Trust in 2006 by Money Observer magazine of the UK. ET NOW caught up with the CFA and CPA charterholder for a relative assessment of India & other BRIC markets. Tell us between the four BRIC countries, which ones do you favour at the moment and why? Wilfred Sit : Over the shorter term, actually we do find that Russia and India as interesting countries to invest in. Now for Russia, actually they are still on an easing cycle while the other BRIC countries, they are basically raising interest rates but Russia is still on an easing cycle and oil price, even though it has fallen but it still stays at a quite high level, so we think that Russia is quite an attractive market over the shorter term. India, we also like it basically, probably interest rate hike may be a bit slower and then the companies are having a very good business. Domestic demand remains strong, so we find it remains an attractive market but on the longer term, more structural basis, we think that actually China and Brazil should remain the core countries among the emerging markets for people to invest in, so even though shorter term, these two countries on a relative basis may not look as attractive as the other two BRIC countries but over the longer term, actually we prefer these two as a core investment. Also what do you think of global equity markets? Today we have Barton Biggs come out and say that in his opinion, the US equity market is oversold and it is going to rally. Do you share his optimism? Wilfred Sit : How should we put it? There is a lot of macro risk right now but this mainly stems from Europe and if you look at the US for example, actually the economic recovery has been strong and US does not have some structural issues as Europe has because for the Euro, basically there is some structural issues given there is a combination of quite a lot of countries together, so if we compare on the developed markets, actually the US does look competitive. There will be some volatilities in the markets and especially for this year given that we still see all these unfolding of macro shocks, that could dampen the market sentiment but actually you look at US corporate earnings, a lot of them have reported very good earnings, so actually the US, if we compare to other developed markets, actually it looks relatively positive. | |
Pepsi India touches eco watershed, first unit to achieve positive water balance
27 May 2010, 1834 hrs IST,Ratna Bhushan,ET BureauNEW DELHI: The Indian arm of PepsiCo has become the first of its global units to put more water back into the environment than it consumes, the company said.
The beverage giant has achieved 'positive water balance' by recharging 6 billion litres and using 5.17 billion litres during 2009 with a net saving of 836 million litres. PepsiCo, which has 45 beverage bottling and snacks plants in India, said the figures were verified by audit firm Deloitte Touche Tohmatsu India.
"As the first business in our system and probably the entire beverage world to conserve and replenish more water than it consumes, PepsiCo India is a huge inspiration for all of us. I am proud of this accomplishment," PepsiCo Chairman & CEO Indra Nooyi told ET. The India model will be replicated in PepsiCo's other markets which face water scarcity, such as China.
PepsiCo India chairman and CEO Sanjeev Chadha said India is a water-distressed market but the solution to water replenishment is "basic and simple." "If corporates get together and step up efforts like direct seeding, it would lead to very positive results."
But environment activists are not entirely pleased with PepsiCo's efforts. Sunita Narain of the Centre for Science and Environment said she would like to see companies achieve positive water balance, but this must happen within their factory compounds. "It would be ideal if PepsiCo was replenishing all the water it consumes in areas where its plants are located. The scarcity and problem lies in those areas," she said.
PepsiCo said it has achieved water balance through conservation in agriculture to substitute transplanting of paddy with direct seeding technology, community programmes like construction of check-dams and recharge ponds, and rain or roof-water harvesting.
Recharge ponds have helped it save 133 million litres of water. The World Bank has warned that growing shortage of water in large countries such as India and China will hamper their growth. It estimates that India's fresh-water supplies could be exhausted by 2050 at the current rate of consumption. In March this year, a Kerala Assembly panel asked PepsiCo to cut water usage by 60% at its bottling plant in Puducheri in Palakkad district.
A company spokesman said its Palakkad facility is a "model plant and one of the most water-efficient units in the PepsiCo system. The plant has been able to save about 200 million litres of water in the last four years and has also brought down the water usage by 60%." Rival Coca-Cola is facing a more serious situation in the state. It has been asked by a government panel to pay Rs 216 crore as compensation for polluting and depleting groundwater.
Indian cos get ready for the global food market
21 May 2010, 0022 hrs IST,Maulik Vyas,ET BureauMUMBAI: When Scott Price, president and CEO of Wal-Mart Asia, visited India last month, he talked about helping the country become food basket of the world and sourcing $1-billion worth of goods from here.
Perhaps he drew inspiration from the growing presence of Indian specialty food brands in the shelves of global retailers such as Wal-Mart, Tesco, Ralphs and Safeway.
Companies such as Bajaj Food Products, Nikasu Frozen Foods and Priya Foods have reported a spike in overseas demand for frozen foods, peanut butter and other products in the last couple of years, triggering hopes that the country will turn into a food outsourcing hub.
"After recession, we are getting a lot more inquiries from global giants of developed market," says the owner of a Pune-based manufacturer of garlic paste and dry fish powder. "Outsourcing from India is lot cheaper due lower labour and infrastructure cost," adds the person requesting anonymity on the grounds of the firm's contract with retail chains.
Sanjay Bajaj, MD of Ahmedabad-based Bajaj Food Products, says that besides cheaper labour India also enjoys easy availability of raw materials. "India has diverse agro-climatic conditions and large raw material base suitable for all kind of food processing companies," he says.
Bajaj Food supplies specialty food products such as peanut butter and instant powder drink under 'Savory' brand to Canada-based retail major Dollorama and French retail giant Carrefour.
Companies such as Bajaj Food, Nikasu, Priya Foods, MTR Foods, Gits Foods, Deepkiran Foods, Foods & Inns, Agro Tech Foods, ADF Foods, Kohinoor Foods and LT Foods have seen their exports grow at a rate of anywhere between 15% to 60% over the last three years.
India is one of the largest food producers with the industry estimated at more than $200 billion, according to a Confederation of Indian Industry study that projected it to grow to $310 billion by 2015. But India accounts for less than 1.5% of international food trade.
The ministry of food processing estimates the size of the industry at Rs 1,44,000 crore. But exports of processed food stood at just Rs 8,975 crore in 2007-08. It is estimated to be growing at around 15% over the past two-three years.
With improved infrastructure, analysts say, the country's packaged food exports can expect dramatic growth.
"With increasing government focus on the food processing sector though setting up of mega food parks and SEZs, there is a tremendous opportunity for players in the Indian specialty food processing companies," says Sanjesh Thakur, associate director, retail and consumer product practice, at consulting firm Ernst & Young.
According to Ernst and Young, the food processing industry will grow 30-40% against the present 15% in the next 10-years.
Bimal Thakkar, MD of ADF Foods, says there is easy acceptance for packaged food items overseas where the margins are also around 20% higher than domestic market.
ADF owns popular Middle East pickle brand 'Camel' and supplies shelf-stable and frozen category foods to Wal-Mart, Tesco, Ralphs, Safeway and the US based Trader Joes including others.
Some exporters focus on Asian expatriates in the West. "We have high number of Asian expatriates in developed countries that are our first target group," says Gurnam Arora, joint MD of Kohinoor Foods that owns basmati rice brand 'Kohinoor' and supplies breads, ready to eat curries, desserts, microwave-able rice, cooking sauces and Indian frozen snacks.
"The globalization and popularity of Indian cuisine has now allowed companies like us to tap into the mainstream developed markets," he adds.
One big challenge for these firms is quality. They need to meet global standards of food safety to increase India's share in world trade. Other key challenges include infrastructure backup and effective distribution networks.
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Land Acquisition Act
From Wikipedia, the free encyclopedia
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The Land Acquisition Act of 1894 is a legal Act in India which allows the Government of India to acquire any land in the country.
"Land Acquisition" literally means acquiring of land for some public purpose by government/government agency, as authorised by the law, from the individual landowner(s) after paying a government fixed compensation in lieu of losses incurred by land owner(s) due to surrendering of his/their land to the concerned government agency.
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[edit] Purpose of Land Acquisition Act
The land acquisition act of 1894 was created with the expressed purpose of facilitating the government's acquisition of privately held land for public purposes. The word "public purpose", as defined in the act, refers to the acquisition of land for putting up educational institutions or schemes such as housing, health or slum clearance, apart from the projects for rural planning or formation of sites. The word "government" refers to the central government if the purpose for acquisition is for the union and for all other purposes it refers to the state government. It is not necessary that all the acquisition has to be initiated by the government alone. Local authorities, societies registered under the societies registration act, 1860 and co-operative societies established under the co-operative societies act can also acquire the land for developmental activities through the government.
[edit] History of Land Acquisition Act
Regulation I of the land acquisition act was first enacted by the British government in the year 1824. Its application was throughout the whole of the Bengal provinces immediately subject to the Presidency of Fort William. The rules empowered the government to acquire immovable property at, what was deemed to be, a fair and reasonable price for construction of roads, canals or other public purposes. In 1850 some of the provisions of regulation I of 1824 were extended to Calcutta through Act I of 1850, with a view to confirm the land titles in Calcutta that were acquired for public purposes. At that time a railway network was being developed and it was felt that legislation was needed for acquiring land for the purposes of the railways. Building act XXVII of 1839 and act XX of 1852 were introduced to obviate the difficulties pertaining to the construction of public buildings in the cities of Bombay and Madras. Act VI of 1857 was the first full enactment, which had application to the whole of British India. It repealed all previous enactments relating to acquisition and its object. Subsequently act X of 1870 came in to effect which was further replaced by land acquisition act 1894, a completely self contained act, in order to purge some of the flaws of act X of 1870.
After independence in 1947, the Indian government adopted "Land Acquisition Act-1894" as a tool for land acquisition. Since then various amendments have been made to the 1894 act from time to time. Despite these amendments the administrative procedures have remained same.
[edit] Content of the Legislation
[edit] Notification
The process of acquisition begins with the issuance of preliminary notification, as envisaged under section 4(1) of Land Acquisition Act, 1894. The notification has to be essentially published in the official gazette and in two daily newspapers circulating in that locality of which at least one shall be in the regional language. Further, it is also necessary that the notification has to be affixed in conspicuous places of that locality.
[edit] Filing of objections
The main objective of issuing preliminary notification is to call for objections, if any, against such acquisitions from the owners or others who are having certain interest over the property; giving them an opportunity to raise their claims against the move of the government for acquiring their lands. The persons aggrieved by such notification shall file their objections within thirty days from the date of preliminary notification(date of the publication of notification).
[edit] Final declaration
After receipt of objections, the concerned authority shall consider those objections, and if found unsatisfactory, then a final declaration rejecting the claims will be issued. Section 6 of the amended Act provides that the final declaration shall be issued by the authority within a period of one year from the date of issuance of preliminary notification under section 4(1) of the Act. However, prior to the amendment, the time stipulated under the Act for final declaration was three years from the date of publication of the preliminary notification. The final declaration has to be published as required under section 6(2) of the Act.
[edit] Award
Section 11 of the Act provides that after receiving the objections, the authority will have to hold an enquiry. However, it is necessary that actual extent of land proposed to be acquired and the value of the land has to be assessed before starting the enquiry, as required under sections 8 and 9 of the statute. On completion of the enquiry, award will be passed to that effect and published by the competent authority. After passing the award, the Collector or the Deputy Commissioner shall send notice to the owners or their representatives who were not present personally at the time of passing of the award.
[edit] Time limit
Once the enquiry is concluded, it is the duty of the competent authority to pass the award within two years from the date of publication of the declaration under section 6, as envisaged under section 11 A of the Act. If the authority fails to adhere to the time schedule prescribed under the Act, the entire proceedings initiated for land acquisition will lapse. After passing of the award, the Deputy Commissioner or any other competent authority may take possession of the land immediately, which shall thereupon vest absolutely with the government, free from all claims, whatsoever.
[edit] Special powers
Section 17 of the Act confers special powers with the concerned authority wherein passing of award may be dispensed with and yet permits to take possession of the land notified for acquisition. Further holding of enquiry can also be waived, as envisaged under section 5 A of the Act. However, such powers can be exercised only in case of urgency. After passing of the award, the person whose land has been proposed to be acquired can give his consent for such acquisition and agree to receive the compensation.
Objections can also be raised against the measurement of the land, enhancement of compensation or apportionment of the compensation by filing a written application before the Deputy Commissioner, as provided under section 18 of the Act, requesting the authority to refer the matter to the court for determination of the grounds raised in the application. An application to that effect has to be filed by the person who was personally present when the award was passed, within six weeks from the date of the award passed by the Collector. In other cases, the application will have to be made within six weeks from the date of receipt of the notice issued under section 12(2) or within six months from the date of the award passed by Deputy Commissioner, whichever is earlier.
[edit] Compensation
Provision for settlement of dispute pertaining to apportionment of the compensation amount is available under section 30 of the Act. In such a situation, the Deputy Commissioner should refer the matter to the court. The claimant will be entitled to the compensation which is determined on the basis of the market value of the land determined as on the date of preliminary notification. According to section 34, if there is delay in payment of compensation beyond one year from the date on which possession is taken, interest at the rate of 15 per cent per annum shall be payable from the date of expiry of the said period of one year on the outstanding amount of compensation till the date of payment.
The government, under section 16 of the Act is at liberty to withdraw from acquisition of land except in cases provided under section 36. However, if the possession of land has been taken, then the government will have no authority to withdraw from such acquisition.
[edit] Procedure for the Land Acquisition
[edit] 1. Investigation
- When a local authority or a company requires a land, an application is required to be made by it to the revenue authority.
- The application should be accompanied with a copy of the plan showing survey nos., purpose of acquisition and the reason for the particular site to be chosen and the provision made for the cost of the acquisition.
- After the government has been fully satisfied about the purpose, the least area needed, and other relevant facts as provided under land acquisition rules, it will issue a notification under Section 4 of the act that the particular land is required for public purpose.
- One of the revenue officers is appointed as the collector to hold an inquiry under Section 5-A of the Act.
- After notification the owner is prohibited from selling his property or disposing of it and prevented from carrying out any works of improvements for which no compensation will be paid if executed without prior permission from the collector.
[edit] 2. Objection and Confirmation
- Objections are invited from all persons interested in land within thirty days from the date of notification.
- The objections will be valid on one or more of the following grounds:
- i. That the purpose for which the land is proposed for acquisition is not a public purpose.
- ii. That the land is not or less suitable than another piece of land for the said purpose.
- iii. That the area under acquisition is excessive.
- iv. That the acquisition will destroy or impair historical or artistic monuments or will desecrate religious buildings, graveyards and the like.
- The collector after hearing the objections will submit his report to the government who will finally declare the land for acquisition under the Section 6 of the Act.
- After notification the collector proceeds with the claim. He has the site marked out, measured and a plan of the same is made.
[edit] 3. Claim and Award
- The collector will issue notices under Section 9 to all persons interested in the acquisition to file their claim reports.
- The collector is not to be a party to the proceedings, is to possess an expert knowledge on valuation, and offers a fair price to an owner and checks that the public funds are not wasted.
- The claim filed should contain the names of the claimants and co-shares if any rents or profits for last three years and a valuation report of the land from an architect or an engineer.
- The government can abandon the acquisition proceedings by simply canceling the notification. However, in that case compensation has to be paid under Section 48(2).
- In determining the compensation the market value of the land is determined at the date of notification. The rise and fall in the value during the period of transaction and notification is taken into consideration.
- Compensation is also payable when:
- i. Part of the property is proposed for acquisition in such a manner that the remainder depreciates in value.
- ii. When the land notified for acquisition has standing crops or trees.
- iii. If the person interested has to change his place of residence or business then the excess rent payable for the new premises is also considered for compensation.
- Matters which are not taken into consideration for the purpose of land acquisition are:
- i. The degree of urgency which has led to the acquisition.
- ii. Any disinclination of the person interested to part with the land.
- iii. Any increase in the land value likely to accrue from the use to which it will be put when acquired.
- • After necessary inquiries the collector declares his award showing true area of the land, total amount of compensation payable and apportionment of compensation if there are more than one owners or claimants.
- The collector has to make the award under section 11 within a period of two years from the date of notification.
[edit] 4. Reference to Court
- Any person interested to whom the award is not satisfactory can submit a written application to the court.
- This application should be made within six weeks from the date of declaration of the award.
[edit] 5. Apportionment
- In apparent of the compensation each of the claimants are entitled to the value of his interest, which he has lost, by compulsory acquisition.
- Thus it is required to value a variety of interest, rights and claims in the land in terms of money.
[edit] Authorities and agencies involved
- Union Government
- State Government
- Public authorities/agencies like DDA, NOIDA, CIDCO
- Companies like Reliance, Tata (for SEZs)
The procedure involved for acquisition of land for companies are dealt with under chapter VII of the act, which requires an agreement to be entered into by the company with the appropriate government and the same has to be published in the official gazette. The government cannot initiate acquisition proceedings without issuing proper notice to the owners in any of the prescribed mode of service provided under the act and provide them sufficient opportunity. If any of the provisions envisaged in the act is violated or mandatory procedures are not followed, then the entire acquisition proceedings would become void. hhjkljk
[edit] Criticism
The Land Acquisition act has been criticized by groups that view the act as weak and ineffective, and by groups that view the act as draconian. People who feel that act is weak argue that the procedure followed is cumbersome and costly, often resulting in inordinate delay in land acquisition. This group argues that, the determination of public purpose should be matter of executive discretion and should not be contestable at law. It has also been argued that the property valuation techniques are flawed and that the land owners get to peg the value higher than the real value, based on 'potential value' and 'opportunity value' of their property; resulting in, what is claimed as, a heavy strain on public finances and restrictions on the scale of development and redevelopment projects. There is also opposition to the additional payment of solatium to the land owners, over and above the property value.
People who argue that the act is draconian claim that a number of projects which have no public purpose attached, as in the case of SEZs, usurped land from property owners, with the help of the land acquisition act, at what is claimed as, well below the market value of these properties. It is argued that, even in the case of projects that are genuinely for public purposes, there is a considerable difference between the market value of the property and the value that the land acquisition officer pays the land owners. It is also argued that the relocation and rehabilitation of land owners displaced by the actions of the act, is not followed up adequately, and that this is not covered comprehensively in the framework of the act. A notable instance of opposition to land acquisition, through the land acquisition act, includes the Nandigram violence incident.
It is for this reason that government has proposed further amendments in the Act to strict define the purposes for which land could be acquired. If the Amendments get through, the provisions of the Act could be invoked only in limited conditions.
[edit] See also
[edit] External links
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ndia's brutal war against the Maoists
May 25, 2010 4:34 pm CDT
The Indian government's brutal war against Maoist insurgents is aimed at protecting the interests of large mining companies and is resulting in hundreds of tribal casualties. --PG
India's war on Maoists under attack
May 26, 2010
By Sudha Ramachandran
BANGALORE - India's Home Minister Palaniappan Chidambaram is under fire. "Operation Green Hunt", an ongoing military offensive against Maoists in central and eastern India, has turned hugely controversial. Aimed at quelling the Maoist insurgency raging in India's heartlands, it is fueling unprecedented violence. What is more, the "war against the Maoists" is increasingly being described as Chidambaram's "war against tribals".
Last week, a private passenger bus was blown up by Maoists at Chingawaram in Dantewada, killing 31 people, mainly civilians. A month earlier, 76 paramilitary personnel were killed in an ambush at Chintalnar in Dantewada, Chhattisgarh state. Scores of other violent incidents have gripped the Maoist heartlands.
Green Hunt's critics say the operation is aimed at furthering the business ambitions of mining companies in the mineral-rich tribal areas, not protecting lives and livelihoods. They say that violence has surged since its launch in November last year and have called on the government to rethink its strategy. Civilian casualties surpass those of security forces or Maoists, and thousands of villagers - mainly tribals - are streaming out of the area to escape the fighting.
The "real objective of Green Hunt is not eliminating the Maoists but driving out tribals living in the area',' Supreme Court lawyer Prashant Bhushan told Asia Times Online. "It is aimed at turning the area into a war zone, forcing tribals to flee."
Chidambaram is determined to press on with the military offensive. Following the attack by rebels in Chingawaram on May 17, he asked for a "larger mandate", including air support for ground operations. "The security forces, the chief ministers want air support," he said in an interview with NDTV. "They are the men on the ground."
The rebels, who have tapped into the rural poor's growing anger at being left out of the country's economic gains, have forces in 20 of the country's 28 states and an estimated 10,000 to 20,000 fighters, according to the Home Ministry.
Tribals have been protesting the takeover of their mineral-rich lands by mining companies and their displacement will make it easier for miners to move in.
Hindustan Aluminum Company (Hindalco) and Vedanta Resources, a London-based minerals and mining giant, are among several miners forced to put their plans on hold because of tribal protests against their operations. Hindalco has acquired rights to extract bauxite in Mali Parbat in Orissa but protests by the Paroja tribe have put off bauxite extraction. In Chhattisgarh, Vedanta faced opposition from the Adivasis tribe.
Chhattisgarh is India's richest state in terms of mineral wealth, with 28 varieties of major minerals, including diamonds, according to the Chhattisgarh Mineral Development Corporation (CMDC). All the tin ore in India and a fifth of the country's iron ore is located in the state. It also has rich deposits of bauxite, limestone, dolomite and corundum, the CMDC says.
Mining companies are well-connected to political parties across the ideological spectrum. Chidambaram was once on the board of Vedanta and stepped down in May 2004 when he became finance minister. [1] Chidambaram was paid US$70,000 a year as a non-executive director of Vedanta, during 2003, a year when the market value of the company's shares rose by 1,000%, Rohit Poddar writes in the book Vedanta's Billions.
Chidambaram and his wife have defended Vedanta in court. [2] In 2003, he represented Sterlite Industries, a subsidiary of Vedanta, in the Mumbai High Court, when it faced charges of avoiding customs duties and tax evasion. As its counsel, Chidambaram secured Vedanta a stay of recovery proceedings. After he become finance minister no moves were initiated to get Sterlite to pay up dues to the government.
Bhushan says that Chidambaram's former relationship with Vedanta as board director and counsel constituted a "serious conflict of interest" with his position as Home Minister.
Green Hunt ignores the root cause of the problem - tribal poverty and mass displacement, according to Digvijay Singh, a general secretary of the ruling Congress party and former chief minister of Madhya Pradesh. In an article on Chidambaram's strategy, Singh said it "does not take into consideration the people living in the affected area who ultimately matter. He is treating it purely as a law and order problem without taking into consideration the issues that affect the tribals."
Green Hunt would help mining companies silence tribals and drive them out faster. Several mining companies are known to have financed and armed local outfits to intimidate tribals into ending their protests. The land they have been eyeing will soon be rid of protesters because of the armed operations.
Critics draw parallels between Green Hunt and an earlier "peace campaign" called Salwa Judum.
Launched by the Chhattisgarh government in Dantewada in 2005, Salwa Judum (Peace March) was touted as a spontaneous tribal uprising against Maoists. In reality, the government was arming tribals to tackle the "Red Menace". Its impact was disastrous. It set one brother against another, dividing villages and plunging Dantewada into civil war. The bloodletting resulted in an exodus of hundreds of thousands of tribals.
The objective of Salwa Judum and collusion between the government and mining companies has been highlighted in a report entitled "State Agrarian Relations and Unfinished Task of Land Reforms" from the Ministry of Rural Development of the government of India.
"This open declared war will go down as the biggest land grab ever, if it plays out as per the script," the report says. The "drama [was] scripted by Tata Steel and Essar Steel who wanted seven villages or thereabouts, each to mine the richest lode of iron ore available in India."
According the Rural Development Ministry's report, "There was initial resistance to land acquisition and displacement from the tribals. The state withdrew its plans under fierce resistance ... A new approach was necessary if the rich lodes of iron ore are to be mined.
The new approach came about with the Salwa Judum ... [Its] first financiers ... were Tata and the Essar ... It turned out to be an open war between brothers. 640 villages as per official statistics were laid bare, burnt to the ground and emptied with the force of the gun and the blessings of the state. 350,000 tribals, half the total population of Dantewada district are displaced, their womenfolk raped, their daughters killed, and their youth maimed. Those who could not escape into the jungle were herded together into refugee camps run and managed by the Salwa Judum. Others continue to hide in the forest or have migrated to the nearby tribal tracts in Maharashtra, Andhra Pradesh and Orissa. 640 villages are empty. Villages sitting on tons of iron ore are effectively de-peopled and available for the highest bidder. The latest information that is being circulated is that both Essar Steel and Tata Steel are willing to take over the empty landscape and manage the mines. [3]
There are worrying similarities between Salwa Judum and Green Hunt. The bloodletting and displacement has begun. And the ultimate prize for mining companies would be mineral-rich land falling into their hands.
Notes
1. To read the document, click here.
2. As Vedanta's counsel, Chidambaram received 886,564 rupees (US$18,729 approximately) during three financial years ending March 23, 2003. Ibid, p 55.
3. Committee On State Agrarian Relations and Unfinished Task of Land Reforms. Volume I, draft report, pg 161. Ministry of Rural Development, Government of India, New Delhi.
Sudha Ramachandran is an independent journalist/researcher based in Bangalore.
http://socialistworker.org/blog/critical-reading/2010/05/25/indias-brutal-war-against-maoi
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