Tuesday, 18 December 2012

DOUBLE STANDARD POLITICS ASHOK CHAVAN V/S YEDURAPPA 15th December 2010 Issue-


By Firoz.T.Totanawala

The Bangalore Metro Reporter

15th December 2010 Issue
               
                    DOUBLE STANDARD POLITICS
                   
                   ASHOK CHAVAN V/S YEDURAPPA

The Maharashtra Chief Minister Ashok Chavan had to resign following the Adarsh Housing Society scam where flats meant for Kargil widows were cornered by defense personnel and powerful politicians. Much before Ashok Chavan became the CM, his relatives had purchased flats in this housing complex. When the scam broke out, the Congress high command ensured that Ashok Chavan tendered his resignation but waited for disclosure till Obama departed. The BJP stalled the parliament demanding the resignation but Ashok Chavan had already resigned before. The same BJP who stalled the Parliament had to apply same yardstick to their Chief Minister B.S Yeddyurappa who is involved in similar, if not more serious scam. But, the reality is different in South.

The opening day of the parliament saw the congress High command ordering capital punishment to two of its senior leaders. It had asked the Maharashtra CM Ashok Chavan to resign and stripped CPP general Secretary Suresh Kalmadi from the post. Unaware of these developments the BJP and its allies stalled the house proceedings demanding resignation of Ashok Chavan and ordering CBI enquiry into the Adarsha Housing Society scam. The BJP also demanded the resignation of Suresh Kalmadi the Chairman of Organising Committee of the recently concluded common wealth games.

But what they did not bargain for was the swift action by Sonia Gandhi even before the houses met. In the wake of the Adarsh Society scam, Ashok Chavan had tendered his resignation to Sonia Gandhi on 5th November itself. But she kept it pending till the visiting US President Barak Obama left the Country. She directed Ashok Chavan to submit the papers to the Governor. At the same time, she had asked Suresh Kalmadi to resign from the post of Secretary of the Congress parliamentary party. As far as Adarsh Society is concerned, the CBI was told to conduct the probe and the CBI is already probing the CWG scams. In one shot, Sonia Gandhi had taken the winds away from the BJP. Then BJP demanded the sacking of Telecom Minister A Raja for his role in the 2G spectrum scam. But, because Raja belongs to DMK, Sonia Gandhi had to take the consent of Karunanidhi to sack him and it obviously took a couple of days for a decision in this regard.

But, now the Congress has turned the tables against BJP daring it to emulate its action in the case of Karnataka Chief Minister B.S.Yeddyurappa, who is neck deep involved in similar if not more serious scams. For reasons best known, the BJP High Command took no action, not even rebuke against Yedurappa.

In fact, the BJP in Karnataka has heralded despicable political culture. It came to power by purchasing six independents. It acquired majority by reducing the strength of opposition parties by engineering resignations of their MLAs and making them Ministers and getting them elected in the bye elections. In the recent rebellion of twenty MLAs, the Yedurappa Government saved the day by disqualifying 16 MLAs through the speaker just hours before the vote of confidence. Thus it survived by reducing the strength of the house itself. The political culture sunk to its new low in the history of Indian democracy.

More than this despicable political culture, the Yedurappa Government is neck deep in hi-fi corruption. And leading the way is none other than the Chief Minister himself. He is involved in a scam which is worse than Ashok Chavan’s. Yedurappa’s MP Son B.Y Raghvendra, his son-in-law have purchased BDA acquired lands in Arkavathi Layout. S.N Krishnaiah Setty has sold (?) the lands. The Supreme Court has upheld the acquisition of lands for Arkavathi layout. After the lands were registered in the names of Raghavendra and other family members, Yedurappa got the lands denotified despite opposition from the BDA. What more, as a safe bet, the original owner was made to apply for denotification instead of Raghavendra and others. This was a clear plan to keep the entire scam under wraps. The lands are of course worth crores!

There are other denotifications by Yedurappa which were all for monetary gains. In one particular case, Yedurappa denotified BDA lands in Nagarabhavi where the BDA had allotted sites and houses were build years ago including that of Law and Urban Development Minister Suresh Kumar. How can one imagine the denotification of fully build up lands by Yedurappa? It is simply inhuman and cruel. And when the matter was taken up in the High Court, Yedurappa simply cancelled the denotification.

As far as Maharashtra CM Ashok Chavan is concerned, his relatives had procured the flat much before he became the CM. Here too, the land on which the Apartments were built was meant for widows of Kargil heroes. But the flats were grabbed by many top defense personnel and powerful politicians. Successive CMs from Sushil Kumar Shindhe, Vilas Rao Deshmukh etc. have contributed their mite in getting clearance to the Housing project. After the scam broke out, the Government has withdrawn occupancy certificates and declared the Housing Complex as illegal as it violated Zonal Regulations and sanctioned plan. Finally, with his relatives’ names in the beneficiaries list, Ashok Chavan met Sonia Gandhi and submitted his resignation as CM. It was accepted but declared officially only after Obama left India.

In case of BSY, one can find similarities with Ashok Chavan’s case. Raghavendra purchased some lands in Arkavathi Layout which was acquired by BDA years back. The Supreme Court had held the land acquisition valid. There is also a SC judgement to the effect that once the lands are acquired, they can not be denotified. But Yedurappa overruled all the objections by BDA and Urban Development and ordered the denotification of the land. The reason being simple, the lands were purchased by his Son and son-in-law!

The Congress is right when it dared the BJP to emulate the Ashok Chavan incident in case of BSY also. But the BJP is in no mood, even to contemplate issuing a warning to Yedurappa. And the BJP always take up high moral ground over probity in public life. They are adopting double standard now. One cannot expect any meaningful and positive action from the BJP High Command in the case of Yedurappa. And what about Yedurappa? He does not even dream of quitting the CM post and recently made a claim of being in the CM chair for another 20 years? God save Karnataka!       

THE BACK DOOR FORMULA BETTERMENT CHARGES-BBMP’S ALTERNATE TO AKRAMA-SAKRAMA 15th November 2010 Issue


 By Firoz.T.Totanawala

The Bangalore Metro Reporter



15th November 2010 Issue-

             THE BACK DOOR FORMULA

BETTERMENT CHARGES-BBMP’S ALTERNATE TO AKRAMA-SAKRAMA

The BBMP in its budget which was placed before the council two months back had estimated revenue of Rs. 800 crores from the Akrama-Sakrama scheme. This estimate was projected despite the fact that the Governor had refused to sign the Bill. Eventually, there seems to be no chance of the Akrama-Sakrama Bill becoming an act in the near future and this has made a hole in the BBMP’s pocket. Whatsoever, the BBMP has nothing to worry at all. So what if the Governor refuses to sign the Akrama-Sakrama Bill? So what if the High Court which had earlier stayed the Akrama-Sakrama scheme in 2008 finally strikes down the same? The BBMP has the answer. Just ignore the Akrama-Sakrama scheme itself and bring in another scheme of Betterment Charges to regularize the revenue properties through a resolution in the BBMP council.

AKRAMA-SAKRAMA STORY

It may be recalled that Akrama-Sakarama Bill was passed in the Special Session of the Legislature at Belgaum in 2007 when H.D KumaraSwamy was the Chief Minister. The Bill was passed without any discussions. The levy of the Akrama-Sakrama charges for violation of Karnataka Town and Country Planning Act, Karnataka Land Reforms act, Karnataka Land Revenue Act, etc, was left to the official’s committee. And the bureaucrats as a rule, insensitive towards the real problem, fixed abnormal charges for regularization of unauthorized and revenue properties. This was fiercely protested by the public and also the political parties who approved the bill in the Assembly. Some even challenged it in the High Court as well.

ENCASHING THE BOOK

Such was the arrogance of the bureaucrats that the then BBMP Commissioner Mr. Subramanya even issued stern ads “Now or Never” and threatened disconnection of water and electricity connections, if the properties were not regularized by March 2008. The BBMP also made a big killing by selling the Akrama-Sakrama Book at the rate of Rs.100 per Book. More than one lakh booklets were sold and if the High Court had not intervened, the sale would have touched 6 to 7 lakhs as it was compulsory to purchase the booklet which also contained the application forms.

SUPPRESSING THE POLITICS

The High Court which stayed the scheme asked the Government to find out if relief can be given to the poor. At that time, the state was under President’s rule and the Governor was not prepared to take any major decision. Thus, the scheme remained in cold storage. In May 2008, the BJP came to power and it constituted a cabinet Sub Committee under the Chairmanship of R. Ashoka, the Transport Minister. The committee made some recommendations and reduced the regularization charges on small properties and the matter rested there. Thereafter, for the two following years, the BJP Government did nothing in the matter, except on the eve of BBMP election earlier this year. The Government woke up and pushed for the Bill and sent the Akrama-Sakrama Scheme to the Governor for issuing an ordinance. However, the Governor refused to sign it so as to avoid BJP enjoying any political advantage of the same in the then elections. The Governor sent back the same to the Government advising it to introduce the bill in the assembly for threadbare discussions as many serious aspects are involved.

GONE WITH THE WIND

Let us also recollect that the BJP then put forth the Akrama-Sakrama bill in the assembly and hurriedly passed it in a matter of few seconds without any discussions. This was done so while the opposition was on a dharna against the Government in the wake of Mining scam.

ESCALATING FIGURES

Now, let us understand the BBMP’s proposal for collection of betterment charges and registration of Khatas. The BBMP in its 8000 plus crores budget for 2010-2011 had estimated Rs. 800 crores revenue from the Akrama-Sakrama scheme taking for granted the implementation of the act. The officials who prepared the Budget in March for the same year (as the elected body was not constituted by then) had limited the Budget to 4500 crores and there was no estimate of revenue from the Akrama-Sakrama Scheme. However, the BBMP placed the budget in the council in the month of august that is almost after five months and also increased it to Rs. 8000 crore plus. Here, it also showed the receipt of Rs. 800 crore from Akrama-Sakrama scheme, in spite of the fact that the same is not yet approved by the Governor.

INDUCING OFFER!

But the BBMP has to raise funds for its maintenance and must work out an effective alternative. The ‘intelligent’ leaders of BJP thus hit upon a novel idea of collecting Betterment Charges from the revenue properties and issue khatas to the properties? The modus operandi here is very simple. Lakhs of revenue properties in the newly added areas of BBMP are using the amenities provided by the BBMP. The betterment charges can thus be collected from the owners of these properties in lieu of using the amenities like roads, water, parks etc., and offering them khata of their properties is an enough reason to induce them for the same. In short, collect Betterment charges from the owners and give them the khatas for their revenue properties. This is the essence of the betterment charges scheme!

THE KHATA GAME!

Legally, the betterment charges are different from regularization charges under Akrama-Sakrama Scheme. The betterment charges are collected for using the amenities provided by the BBMP while the regularization charges are collected for compounding violations of various acts. At the end of the day, khatas are issued under both the schemes, be it Betterment Charges or Akrama-Sakrama Scheme and the net result is the same. The revenue property gets legal status by receiving the khata from the BBMP.

COMPARISON

In a way, the betterment charges scheme overrides the Akrama-Sakrama Scheme which is yet to become a reality. The betterment charges proposed by BBMP are far less compared to regularization charges under Akrama-Sakrama. The betterment charges fixed for a 30x40 site (never mind the buildings) is Rs 150 per square meter which comes to less than Rs. 15 per sq ft. And the maximum charge is Rs. 400 per sq. meter for properties above 6000 sq ft. However, the stipulated regularization charges under Akrama-Sakrama scheme was a minimum of Rs 200 per sq ft. based on the market value of the property which includes site and the building.

In a nutshell, the betterment charge scheme is very cheap and affordable. And the owners get legal status to their revenue properties by getting the khata from BBMP. In the Akrama-Sakrama scheme too, the end result is the registration of khata after paying fines under Karnataka Revenue or lands reforms or Town and Country Planning or Municipality acts, in addition to regularization charges.

Once the khata is registered by BBMP after collecting betterment charges, the matter ends there. The BBMP can thereafter collect only property taxes. This is not a new scheme but was earlier already implemented in BMP areas. Even the BDA had regularized many revenue layouts under this scheme. But the same was dropped after it became known that neither the BDA nor the BMP have powers to collect development charges as only the Revenue Department has the powers to levy the charges. It was for this purpose that the Akrama-Sakrama scheme was stipulated by amending all the relevant Acts as a ‘one time’ settlement.

As things stands now, the revenue properties can only be regularized under Akrama-Sakrama scheme and that too, as a ‘one time’ scheme. The BBMP’s regularization scheme under the guise of betterment charges will not pass the scrutiny of law.

READY ALTERNATIVE

Arguably, the BBMP is simply bringing the Akrama-Sakrama scheme through the back door camouflaged as Betterment charges. Assuming that the Akrama-Sakrama scheme gets scrapped in the legal or political tussle, the BBMP still has an alternative to regularize the revenue properties and effect receipts through collecting betterment charges.

ALL THAT GLITTERS IS NOT GOLD THE GREAT GOLD FRAUD REVEALED 1st November 2010 Issue-



By Firoz.T.Totanawala

The Bangalore Metro Reporter


1st November 2010 Issue

                                                     
                    ALL THAT GLITTERS IS NOT GOLD

                      THE GREAT GOLD FRAUD REVEALED

THE REASON

Come Deepavali and we witness crowds flocking to Jewellery stores like they flock to the sweet and crackers’ shops. Many such festival seasons are a premium season for purchase of Gold and Silver and thus flourish the Jewellery market.

GOLDEN ENTRY

Never was anyone bothered about the functioning and practices of the Gold market, until the entry of Shubh jewelers into the segment. The entry of ‘shubh’ a unit of Rajesh Exporters, into the retail market of jewellery changed the entire scene in the gold market. The Shubh chain started its business with a bang by exposing the unfair trade practices of gold merchants and their continuous cheating of millions of customers who as a rule, had showed unadulterated faith in these gold merchants. It revealed out statistics, facts and figures highlighting the continuous cheating of the established and prestigious gold merchants and further to prove their sincerity and integrity, Shubh started offering jewelleries at the original cost of gold, without collecting wastage, making charges etc.

Shubh’s advertisements, has indeed in a way provided some insight into the trade and fact of the gold merchants charging more than the due, from the consumers.

“Todays price of Rs. ---- per gram, we don’t charge profit, No making charges, only 9.9 percent wastage” and many such misleading advertisements feature in Media almost everyday. People simply do not believe their eyes and make a beeline to the jewellery shops. But, only after they purchase and get the bill, a few among them would realise that they have been taken for a ride and that they have paid more price than the prevailing rates. Nobody can understand the arithmetic of jewellary business. No jeweller will sell the raw gold at the rates advertised by them.

THE MYSTERY

Nobody and absolutely nobody can understand the inside out of the gold business particularly the jewellery market. Nobody can say whether the gold they purchase is of the required quality or quantity. Nobody can comprehend why the jewelers who manufacture gold ornaments (silver included) in their factories or workshops collect wastage and making charges which will be a minimum of 10 to 15 percent of the total weight. Nobody can understand the collection of charges for a binding agent at a rate which is ten times more than its original cost.

Besides, the purity of the gold also always remains in question. Till today, nobody has taken on the gold merchants who have become a law unto themselves. Neither the government nor the consumer activists have taken the trouble to fight this perpetual cheating for the simple reason that nobody could understand the business in all its complexities.

GOLDEN QUESTIONS

The basic questions that are unanswered are,

1)      Why should the gold merchants levy wastage ranging from 10 to 20% on the total weight of the jewellery?
2)      When the items are sold straight from the shelf, why should they levy making charges?
3)      Why the gold merchants levy charges for bonding agent (like KDM) on per gram basis?

These basic questions are for all the big jewellery merchants. However, in order to understand the fraud we must first understand the functioning of a traditional small time goldsmith or agents who make the jewelleries through such goldsmiths.

THE ORDINARY GOLDSMITH

Take for example, an agent, (there are in thousands eking out their living by taking orders from their acquaintances to make gold ornaments) takes an order for a jewellery of 100grams. The fact is that he has to go to a goldsmith and provide him at least 130 grams of gold simply because no goldsmith can make 100 grams articles with 100 grams gold. The goldsmith makes the items and returns the excess gold to the agent. The goldsmith charges around one percent as wastage because it is natural that some gold or gold dust will become wastage in the process of grinding or chiseling the gold while making the item. However, this quantity will not be more than 0.25%. Further, the gold dust collected in the shop again will be retrieved by the goldsmiths after some time. Even then, if we must calculate the wastage, it simply cannot be more than 0.5%. The goldsmith however calculates the wastage at a minimum of one percent of the total weight of the item. In addition to this there are making charges. The goldsmith of course has to be paid labour in the form of making charges depending on the design and the labour involved. For some intricate or delicate designs, the making charges will naturally be more.

Whatsoever, the wastage at goldsmith shop cannot exceed one percent. The agent who took the order for 100 grams item had to invest for 130 grams and also bore the interest on his investment. Then there is the cost of his running to the goldsmiths often and often as no goldsmith will deliver the items on the promised date. In many cases, the agents also have to bear the fluctuation in gold market.

For all this trouble, they charge another 4 to 5% as wastages and also make money by charging heavily to the cost of the binding agent. So, in a way, the agents charging 4 to 5% wastage can be justified in the face of price fluctuations, risks and their livelihood. Here too there are agents who cheat people by giving ornaments of less purity with high wastage, but, this is an exception rather than a rule. Moreover, many people prefer their trusted agents to get their ornaments made because of the faith and no amount of enticements or inducements can make them to change their jewelers.

THE EXTRA ORDINARY GOLDSMITHS

However, this can not be applied to leading and big jewelers and the basic question we asked apply to them.

THE WASTAGE STORY

Let us take the first question- why charge wastage between 10 to 20%? It is the open secret that these “Big” merchants prepare the ornaments in their factories or workshops. As the ornaments are manufactured in bulk and as they do not depend on the local goldsmiths, they will not suffer any loss in gold. Besides, the items are made in large quantities and therefore the wastage is either nil or minimal. Even if one assumes loss of gold dusts while grinding, it will remain in the premises itself and they are aware of many processes to retrieve the gold. As such there can not be any question of wastage. Even to conclude if we assume that there still was wastage; it can not be more than 0.25% by any stretch of imagination. Also sometimes, these ‘big’ merchants import fancy items like chains, bracelets etc. and charge huge wastage up to 20% in spite of the fact that they buy such products as per the weight and purity of the ornaments. Even the making charges are paid by the importers. By any stretch of imagination, the big merchants can not collect wastage charges which will be 10 to 20% of the rate of the ornaments itself.

To put it plainly, if a person wants a 100 grams item, he will have to pay for 110 to 120 grams depending on merchants. Even if the wastage charges have to be levied, it must be actual and not on his whims and fancies. Further, this too is applicable to the ‘Made to order’, items and not the bulk manufactured ornaments.

Interestingly, the ‘Big Merchants ‘do not charge profit Margin! All they charge is the wastage, making charge etc. They pose as if they do not need profit and theirs is a service based business. This is simply unthinkable. How could a big merchant who invests hundreds of crores to start the business, forego his profits? If you look at the interiors of these jewellery stores, one can establish the fact that crores are spent for interior decoration. In addition, these shops are in posh roads and areas where they shell out skyrocketing rent prices. In Bangalore alone, there are dozens of ‘Big’ shops who have invested hundreds of crores into the business. Obviously, these merchants are in gold business not for charity but for profits and that too huge profit proportional to their investment. But they still do not charge any profits simply because their wastage and making charges etc are exorbitant. They are assured of a minimum profit of atleast 20% on the business

THE MAKING CHARGES

Apart from the wastage, they make big money from the making charge business. The making charges really do not subscribe to any standard yardsticks. It depends on the whims and fancies of the merchants. Sometimes, they charge the making charges on per gram basis and sometimes, the charges are in lumpsum. When they charge ‘wastage’ for making ornaments, where is the question of making charges again? One can understand the making charge in respect of ‘Made to Order’ items as it may consume more labour because of a specified designs etc. But this can not be said in cases of mass produced ornaments in factories or workshops. Making charges in addition to wastage beats any known levels of logic or reason.

THE BONDING FRAUD

Further, the bonding element charges which vary between Rs. 50 to 100/- per gram are shocking. Earlier the ornaments were soldered with lead, but now, everybody uses cadmium, for bonding. Cadmium, popularly known as KDM does not harm the gold and as such, when the ornaments have to be sold by the consumers, the ‘normal’ wastage will not be applied. The cost of KDM is around Rs. 10,000/- per Kilo Gram, where as, the merchants who use for soldering charge between Rs. 50/- to 100/- per gram of ornament towards KDM charges. In a way the KDM charges are bonus over the profits to the merchants.

STONES ARE NOT GOLD

In most ornaments precious stones are used which have its own rate depending on the quantity and quality. While a few stones like diamond, Topaz, Pache etc. command high rates, other stones like pearls, American diamonds etc. have much lesser value. The merchants charge separately for the stones and also weigh the finished items which include even the stones fixed to it. This means, they calculate the weight of the ornament including the stones. Thus, they get the cost of the stones and also per gram gold rate for the stones since they are included in the final weight of the ornament. It would also fetch them additional wastage and making charges which they charge per gram of the ornament.

By any means, the merchants make money more than the fair margin of 20% in any business. This is why they do not ‘bill’ profit majority as they are making more profits in other heads like wastage, making charge etc.  

PURE EYEWASH

And what about the purity, the less said the better. Only recently, the Central Government made the BIS Hall mark that is 22 carat implying 91.6 purity as mandatory. Thereafter, these big merchants bang around that they are giving pure gold of BIS Hall mark quality. But the facts are to the contrary.

It is the ‘purity’ of gold that leads to multibillion frauds. Seldom, the purity of gold sold; adhere to the BIS Hall mark made mandatory by the Government after realizing the frauds on the people. It is an open secret that pure gold of 999 purity is very soft and ornaments can only be made of it by adding copper. The quantity of copper used in ornaments decides the purity of gold. Normally 8.4% of copper is added with pure gold that is 24 carat, and that implies usage of balance 91.6% of pure gold for making ornaments and this is the standard ornament gold purity. As the purity of gold is described in carats, this ornament gold will be 22 carat. And this is the Hallmark specification. There are also 20 carat, 18 carat and even 16 carat ornaments available depending on the copper used.

FOOLING THE INSTRUMENTS

Coming back to the purity, there are instruments which test the purity of gold. Many big merchants proclaim that consumers can test their purity of gold purchased through these equipments. For a nominal rate, the purity test can be done and the report obtained. The merchants also issue certificate for the jewellery purchased indicating the weight and purity. In most of the cases people do not care about the certificate and all they want is the purity and they are satisfied as they have personally seen the purity test.

But people by and large do not know that the procedure of purity test. The purity of the gold can be accurately ascertained only by melting and by no other means can it be ascertained. In the case of purity test done at the merchant’s stores, the instrument runs rays over the surface of the ornament and gives the result. The rays do not pierce through the inner body of the ornament and this is a fact. Therefore the purity of the gold cannot be true and accurate. However, no individual consumer opts for a melting test but only those who purchase gold from the people insist and perform the melting test.

Of course, merchants can also fool consumers in purity test also. Presently the gold is mixed with some other powder/metals in addition to the usual copper. Erodium powder is a common element that is added to ornamental gold and it can still pass the purity test. As stated earlier about 8.4% copper needs to be added to pure gold and here the merchants also add about 4 to 5% of Erodium powder bringing down the gold content to almost 86.5% equivalent to 20 carat gold. Yet, this powder added ornament can easily pass the purity test of 22 carat and the genuine purity test of gold mixed with Erodium powder can be obtained only by melting.

THE LATEST MIX

Of late another metal called Boss metal is also used for mixing with gold to make the ornaments. Unlike the powder, the Boss metal provides softness to gold and there will be no change in the colour. The quantity of Boss metal mixing is usually very high that is up to 20% and interestingly the ornaments made by mixing this metal in addition to the copper also pass the 91.6% (22 Carat) purity test. And here too, it can be ascertained only through melting. Eventually, one pays for 91.6% purity and gets ornaments of about 70% purity.

In case of genuine 91.6% gold, the consumer will be paying about 120% cost which includes wastage, making charge, KDM etc. In case of Erodium powder, the consumer pays 130% for 86.1% purity and 140% for Boss metal mixed gold ornament of 70% purity. Can anyone understand these calculations? Definitely not. All one needs is an ornament with reasonable charges. Nobody can make out head and tail of the gold business.

It is because of these unimaginable profits that the big merchants make hundreds of crores. They therefore afford to spent crores on advertisements and establishment expenses, open one after the other glittering stores with exquisite interiors and continue to fool innocent consumers repeatedly reminding them that they do not charge profit.

All said and done, whether one understands the Gold business or not, one thing is certain that the gold merchants have been cheating thousands of crores through all these years. And with the entry of Shubh, the entire jewellery market has been exposed of what it is. On the contrary, let us also understand that Shubh is no angel. It has not entered into the jewellery market for charity, but to earn profits. While it has exposed many underlying facts about the manipulations of the Gold market, it also has never talked about the profit margin. If Shubh can sell the gold ornaments at cost price, and that too without profits, how could they continue to be in the business? There definitely is more depth in the shubh practices as well as it is also not transparent on the profit factor. No business establishment can run without profit. In fact, it merely exists to earn profit. And therefore, a business without a profit is definitely a suspect.

SILENCING THE MOTHER TONGUE KANNADA IGNORED BY KANNADIGA OFFICIALS 1st November 2010 Issue-


  By Firoz.T.Totanawala

The Bangalore Mertro Reporter


1st November 2010 Issue-           
                 
                         SILENCING THE MOTHER TONGUE

              KANNADA IGNORED BY KANNADIGA OFFICIALS

This is the month of celebrations; especially, the celebrations devoted to the cultural activities of the people of Karnataka, their spoken language, Kannada and its promotion,and brought an insult to their language, which they love most.Hindia lauguagesto is foregin nt activists and protectionists  which is the pride of Kannadigas. But some departments and its officials who are themselves Kannadigas have determined to undermine the celebrations. While the Kannada development activists and protectionists are striving to get the classical language’s status and recognition for Kannada, there are careless and selfish Kannadigas who care a damn for the state, its language, and its safeguarding and promotion.

THE PLOT

The State Bank of Mysore and its associate bank were all indulging in illegal printing and sale of stamp papers, the scam of which has run into multi crores. Later, the same was halted and the then Inspector General of Registration and C Stamps and the then Revenue Secretary to the Government, brought out the unique process of franking the amount collected on the document sheets, effective from 2nd November, 2009, with much fanfare.

THE EASY SOLUTION

The officials offered to supply and install Pitney Bowes’ Franking Machines at Sub Registrars office, where in the Sub Registrar authorities would frank the required amount of stamp duty on the document after receiving the amount for the same. Arguably, this method is regarded as the easiest and safest method for stamp duty payment.

THE BLUNDER

However, the Franking seal prepared for the purpose brought disgrace to the state. The officials had failed to pay due attention to the inclusion of the Kannada language on the Franking seal.

It is understandable that the company, whom the contract for franking was given to, is a foreign based one and what goes beyond ones understanding is that the blunder of omission of Kannada was committed by none other than our own Kannadigas.

Only the words in English and Hindi languages were used neglecting the use of Kannada in its franking, the act of which has hurt the feelings of the Kannadigas and brought an insult to their language, which they love most. Added to the injury, it was done by these officials in the Rajyotsava month and that too on the very next day after the officials had enjoyed the holiday of the Rajyotsava day.

THE SEAL OF INSULT

Now, let us observe the Franking seal prepared by the Pitney Bowse’s Company, as per the directions of the IGR&CS and the Revenue Secretary. The Franking seal contains [1] the department’s name, [2] the amount paid, [3] ‘Karnataka’ and [4] ‘Bharat’, which are either in English or Hindi. The entire seal is in English and Hindi and there is no usage of the Kannada language at all.

No body is against the English or Hindi language. India is our nation and of course English as a language is widely used and accepted here and Hindi on the other hand is but our own National Language. But, what about Kannada, the official language of the state? The Franking process is initiated by the State and not by the Central Government; therefore, the State language must have been used on the seal. At least the departments name could have been printed in Kannada along side English. But who cares? The company is a foreign based one and it does not understand the language issue. What it understands is the language of money and so it does not bother whether the seals are in Kannada-Tamil or any other language.

SHAME ON YOU!

Now the question is about the officials who committed this big blunder?
The then Revenue Secretary Parshwanath, the then IGR&CS Niranjan and all other senior officers in the department happens to be Kannadigas. And they should have known the importance of the state language and incorporated Kannada in the Franking seal.

Yet, the sad truth is that Kannada has been exterminated from the franking seal. This offence becomes further grave as it was November, the Rajyotsava Month and the arrangement was made on 2nd November, the day after the inauguration of the Rajyotsava celebrations.

THE GIFT TO KARNATAKA

What would a true Kannadiga think of gifting the state, its people and culture on the occasion of Karnataka Rajyotsava Day? Contrary to what you may think, the proud Kannadigas, namely, Sri Niranjan Das, the IGR&CS, Sri Parshwanath, the Revenue Secretary and other senior officials, gifted disgrace to the state of Karnataka. They insulted the Kannada language or rather Karnataka itself.

Firoz.T.Totanawala The Bangalore Metro Reporter 15th October 2010 Issue-




THE DONS OF DELIVERY LPG DELIVERY BOYS IMPOSES A TIP TAX ON THE INNOCENT CONSUMERS 15th October 2010 Issue




By Firoz.T.Totanawala

The Bangalore Metro Reporter

15th October 2010 Issue-


                                                  THE DONS OF DELIVERY
LPG DELIVERY BOYS IMPOSES A TIP TAX ON THE INNOCENT CONSUMERS

Arguably, the Gas supply business in India is indeed a cream pie venture not merely for the owners and Managers but even for local delivery boys.

Can any cooking gas consumer dream of getting their LPG cylinders delivered to them by the delivery boys without paying the tips? Except a few VVIPs and VIPs, all other ordinary mortals who use cooking gas have to pay the tips compulsory to the delivery boys. Over the years, payment of tips has indeed become mandatory. But, the question is, whether there is really a need for consumers to pay tip?

The LPG supply business in our country is out of competition and such is the pathetic state that whenever a delivery boy knocks your door, there is a sense of satisfaction. The consumer feels privileged for having received the prestigious delivery of the gas and without much hassle willingly pays the tip to the delivery boy. But has anyone pondered about the volume of amount paid to the delivery boys all put together?

NO ESCAPE
Even though the gas agencies pay them salary the delivery boys make many times their salary from 'tips'. Nobody, except the VIPs are exempted from this “tips tax”. As of now, the tips range between Rs. 10/- for the ground floor to Rs. 15/- to the higher floors. Everybody in the business, the LPG companies, the gas agencies, the consumer activists, the consumers all are aware of this menace; but they are all simply helpless. In Bangalore alone, the tips have become a multi crore business….

DOOR LOCK EXCUSE
Interestingly many gas agencies prominently print 'no tips please' on their receipts. But the delivery boys care two hoots for this and demand the tips as if it is their right. And everybody is afraid to oppose it. And what if the tips are not paid? Once the consumer refuses to pay tips, his name will be entered in the black list of Delivery boys and supply of cylinders to such consumers will become erratic. The Delivery Boys will use the excuse of door lock and the consumer cannot approach the gas agency every time the supply is denied or delayed. The gas agencies too will not come to his rescue because the Delivery Boys would have already submitted the door lock note. And the agencies promise that delivery will be made within few days.And most of the consumers are not prepared to take the risk of complaining to the gas agencies or the companies whichever it is.

TIP OF SALARY
In fact, the Delivery Boys fix the tips amount also. Normally the price of cooking gas is fixed at fancy rate which is presently about Rs. 360/-. However, the Delivery Boys have to be paid at least Rs. 370 to 375/ - if the house is situated on the ground floor and additional Rs. 10/- for upper floors. So a minimum of Rs. 10 is guaranteed to Delivery Boys as tips per cylinder. Now, if he delivers at least 50 cylinders a day, he makes at least 500 per day. In short, the Delivery Boys earn many a times more from tips compared to their salaries.

BLACK GAS
The Delivery Boys also make a fast buck in diverting a cooking gas to small time hotels at a premium rate and this business is popularly known as the 'adjustment' business. Normally a big percentage of consumers have two cylinders and for a normal family, a Can last for more than a month and sometimes two months. With an additional cylinder, they will not book the cylinder immediately. The Delivery Boys know all these customers and makes it a point to 'book' the cylinders in their names. These cylinders will be sold to hotels at a premium. The Delivery Boys make a cool profit of at least Rs, 100 per such 'diverted' cylinders. The gas cylinders for commercial use actually costs more than double the cost of cooking gas as they are not subsidized . So, a cooking gas worth about Rs . 360/- can be easily sold at Rs. 650/- and still it is worth it. There are permanent customers for these 'diverted” cylinders.

WHATEVER LEFT IS MINE!
There is another avenue for the Delivery Boys to make money without attracting the notice of people. In some cases, they supply cylinders and take back the empty cylinders which may have still some amount of gas left. In few cases, the quantum of gas left in the empty cylinder may be three to four kgs. The consumer has to forgo this gas as the new cylinder has been already supplied to him. He cannot ask the delivery boy to supply the new cylinder at a later date and even if he asks so , the Delivery Boy will not oblige. The Delivery Boy will then supply the remaining gas left in the cylinders to hotels for a nominal rate.

MULTI CRORE SCAM
All these make one wonder whether there are any checks stipulated while awarding gas agencies. Everybody knows this menace. Even assuming in Bangalore, the yearly consumption of gas cylinders as about one crore, the tips business alone nets 15 crores as a majority of consumers are in first and subsequent floors. Moreover, the diversion business nets at least another 25 crores to the Delivery Boys.

PAY FOR YOUR IGNORANCE
Interestingly, the customer can go personally and exchange the cylinder for which Rs. 2 is reduced form the cost of the cylinder since same is levied as delivery charges. But no gas agency allows such reduction and collects the entire amount even if a customer visits their premise for delivery with exchange of empty cylinder. And in most cases, the customers are all ignorant about this fact.

It is high time that the Gas companies put their foot firmly down on the menace. If any customer complains of compulsory collections of tips, the license of the agency should be suspended forth with. Only then the gas agencies will sit up and take appropriate measures to curb the mandatory tips menace.

But the question is-whether the Gas companies show the guts to end the menace? In few cases, the mandatory tips collected by the Delivery Boys are said to be shared with the agencies!

NOW ROSES TO LEGALISE ILLEGAL ACTS? SACHIDANANDANAGAR LAYOUT- A SCAM IN ITSELF 1st October 2010 Issue-




By Firoz.T.Totanawala


The Bangalore Metro Reporter

1st October 2010 Issue-

             NOW ROSES TO LEGALISE ILLEGAL ACTS?

           SACHIDANANDANAGAR LAYOUT- A SCAM IN ITSELF

On September 16th 2010, few people featured in the media offering roses to the BBMP Commissioner demanding their sites/Houses in Sachidanandanagar Layout in RR Nagar be regularized by registering the Khata’s. This novel protest made headlines in both print and visual media and the BBMP Commissioner promised positive actions in few days. Whatsoever, the fact remains that the Sachidanandanagar layout formed by the notorious Vishwa Bharati Housing Society is entirely illegal.

In the context, let us understand the scam in its entirety.

THE BEGINNING

It all began in the nineties when B.Krishna Bhat formed a layout in Pattanagere and Halagevaderahalli survey number lands meaning agriculture lands through his Vishwa Bharati Housing Co operative Society. These agriculture lands actually can not be used for non-agriculture purposes without obtaining the conversions. B.Krishna Bhat posing himself as an agriculturist entered into sale agreements with the land owners of about 68 acres in Halagevaderahalli and got the possession through sale deeds and General Power of Attorneys. Besides, he used the society’s funds to purchase the lands in his name and later, gave the GPA in favour of the society that is B.Krishna Bhat himself.

Then without bothering to apply for conversion, land acquisition, layout plan etc. he simply started forming the layout. He formed 950 sites and sold them to people treating them as members of the society. As the housing society is a registered co-op society, it cannot simply purchase lands, form sites and sell it to the members/public. It has to follow the law of the land and function under rule of law. But B. Krishna Bhat does not know the law of the land or rule of law and simply cared two hoots to follow it.

BORN ILLEGALLY

Form the very beginning, the layout is illegal as it had no sanction of law. Primarily, a society can not purchase agricultural lands. Under the Karnataka Land Reforms Act, non agriculturists and agriculturists whose income from non agriculture sources exceeds 50 thousand per annum (now increased to 2 lakhs) can not purchase agricultural lands. When B. Krishna Bhat purchased the lands in his name in the eighties the income limit was Rupees 50 thousand. By any stretch of imagination, B.Krishna Bhat, due to his income and employment was barred from purchasing the land let alone transferring the same to the society. And the Housing co-op society was specifically barred from purchasing or holding agriculture lands.

Besides, there are various steps and a procedure to be followed if a society has to acquire an agricultural land. It has to first get the lands acquired by the Government, then, get the layout approved by the BDA, form the sites to be allotted to the members of the society following the seniority list as approved by the registrar of co-op societies. It is a very long process and the society is also required to spend money at every stage.

THE CORRECT PROCEDURE- STEP 1

First, the society has to identify the lands and get consent from the land owners. Then it has to make an application to the Land Acquisition Officer to get the lands notified for the acquisition. At this time, the society has to pay acquisition cost to the government. The Land Acquisition Officer issues the notification, calls for objections etc. holds inquiry with the land owners and fixes the price of the lands. The society then has to pay the price of the lands to the Land Acquisition Officer who in turn disburses the same to the land owners after getting physical possession. After all these procedures, the Government hands over the lands to the society and that land should be converted. This is the first step.

STEP- 2

The society after getting the lands should submit a layout plan to the BDA for approval. The town planning member in the BDA thoroughly vets the plan for provisions for CA sites, roads, parks etc. Once the plan is approved in principle, the BDA calculates the supervision charges to supervise the formation of the layout. It then asks the society to pay up the supervision charges and approves the plan only after the society pays up the charges. This is the second step.

STEP- 3

The society can go ahead with formation of the layout’s civil works. And here too, the society has to surrender the CA sites and other public utility lands to the BDA through a registered relenquity deed. After all these formalities are over, the society can take up the site allotment, this is the third step.

FINAL STEP- 4

However, the society cannot allot sites on its whims and fancies to its members/outsiders. The society being a co-operative one is bound to follow the direction of the registrar of co-op societies, the act and rules. As per the law, before starting the site allotments, the society has to prepare the seniority list of the members eligible for site allotments and has to get the same approved by the registrar of co-op societies. And only then the society can register the sites in favour of eligible members. This is the final step.

But, in case of B.Krishna Bhat’s Sachidanandanagar Layout, not a single rule has been followed.
What Krishna Bhat has done is a mockery of the law of the land and rule of law has become the first casualty. If one were to take a grace at his actions in this regard, one wonders whether the law of the land had been “exempted” in his case!

THE CONFISCATION

Whatsoever, the malpractices of B. Krishna Bhat could not escape from the eyes of law. The then Assistant Commissioner, who conducted enquiry under section 83 of KLR Act, found the society and B. Krishna Bhat violating the provisions of the act and confiscated 68 acres of land in Halagevaderahalli in 2001. But Krishna Bhat continued his layout works and selling sites and in fact purchased some more agricultural lands.

It is another matter that B.Krishna Bhat, true to his style took the matter of confiscation of lands to KAT and hurried the purchasers to build houses on their sites, so that their properties could be regularized by the Pattanagere CMC. In fact, the Assistant Commissioner in his order had directed the CMC Commissioner not to issue Khatas to the purchasers of the sites in these lands and also prevent unauthorized and illegal constructions.
In the meanwhile, the then Divisional Commissioner after coming to know of the violations by the society and also illegal alienation of the agriculture lands, had slapped a notice on Krishna Bhat’s society to pay Rs. 3.42 crores as conversion charges. As usual, B. Krishna Bhat also challenged this notice in the High court and in 2003, the court quashed the notice and referred the matter again to the Divisional Commissioner to reconsider the matter afresh and pass appropriate orders regarding conversions. In this case, the Divisional Commissioner had taken action under Karnataka Land Revenue Act.

GOVERNMENT CIRCULAR & HOLDER KHATA

Forget about this, amidst all these, B.Krishna Bhat took the advantage of the Government circular in 1997 regarding the regularization of revenue properties and collection of betterment charges by CMC and Municipalities. Interestingly, this circular had directed the municipal bodies to collect taxes from the owners of revenue properties for having used the civic amenities provided by the municipal bodies. It had also directed to issue “Holder” Khatas to such properties and it should be noted that Holder khata is not a regular khata but “Anubhavdar” khata which does not provide fool proof title and ownership.

B. Krishna Bhat succeeded in getting around 150 properties regularized by the Pattanagere CMC before the Divisional Commissioner ordered freeze in 2000. The DVC had directed the special Divisional Commissioner, to cancel all the khatas already made in respect of allottees of B. Krishna Bhat’ society. He also directed to take action against the society for forming the layout on agricultural lands and also asked the Special Divisional Commissioner to direct the Sub register not to register the sites in this illegal layout.

Here again, BKB filed a case in civil court and got a temporary stay over the DVC letter. Finally, the court quashed the DVC letter and direction and ordered the registration of the khatas. Interestingly, even though the layout plan was not approved by BDA, he submitted a so called “approved layout” and mislead the Court also.

FOILED AGAIN

Most importantly, the regularization scheme was meant only for revenue properties and it was not applicable to the sites of the housing co-op society. Still armed with the court order, B. Krishna Bhat tried to browbeat the CMC officials to affect the khatas. But the Government order in 2007 prohibiting collection of betterment charges once again foiled B. Krishna Bhat’s attempts to get the khatas registered.

Ooops! This is the sad but true story of manipulation about the Sachidananda Nagar Layout. And now, the individual site owners of this completely illegal layout have opted for Gandhigiri, inspired by the Bollywood hit. They are demanding the registration and legalization of their sites/Houses by offering roses to the BBMP Commissioner. They have also sought the help of Lokayukta, who actually is nowhere connected with this issue and also hyped this matter in the Media without revealing the truth of the entire deal. Now the question is, by merely offering roses to the present Commissioner, can someone really trespass all the laws and legalise the entire illegal layout?