Jul 08 2014 : The Times of India (Delhi)

66,000 RTI complaints pending in 6 info panels

Anahita Mukherji





The aam aadmi’s favourite law, the Right to Information Act, turns nine this year.Information commissions were set up to decide on complaints and appeals filed by people against government authorities for blocking access to information. How have they performed? At present, over 66,000 complaints and appeals are pending at six information commissions.
Maharashtra tops the list with 34,158, followed by the Central Information Commission (CIC; Delhi). Kerala, Punjab, Uttarakhand and Jammu & Kashmir are next. The states are the only ones to provide pendency figures besides Sikkim and Tripura, which showed no pendency.
The findings are by the nonprofit Commonwealth Human Rights Initiative (CHRI). The data raises questions about the composition of the commissions.
While much has been said about the need for more women in parliament, their representation
in the commissions is abysmal.Goa is the only state whose commission is headed by a woman.
A woman information commissioner in Tripura is serving as the acting chief information commissioner. Only 11 of 93 information commissioners in India were women as of May 2014.
Ironically, there are transparency issues as well. A former direc
tor of the Intelligence Bureau now heads the CIC, the country's apex decision making body on RTI appeals. IB is one of the few organizations exempt from providing information under RTI, except in cases of corruption and human rights violation.“The problem with a former IB director heading the CIC is that such an individual has no experience of embedding transparency in administration. The RTI is pathbreaking because it aims to replace a regime of secrecy with one of transparency . But IB has deliberately been kept out of RTI purview.
Will a person with a background in IB be adequately able to champion transparency?“ asks RTI activist Venkatesh Nayak, who headed CHRI research on information commissions. That the vast majority of information commissioners are retired civil servants raises fears of the information commissions turning into a geriatric bureaucratic ward; 69% of CICs are retired IAS officers.
For the full report, log on to http://www.timesofindia.com 14% VACANT POSTS Maharashtra tops the list of pending complaints/ appeal with 34,158 90% of information commissions continue to be headed by retired civil servants, Jharkhand being the lone exception, whose commission is headed by a retired HC judge Goa is the only state with a woman chief information commissioner 14% of posts of info comissioners lying vacant

Jul 08 2014 : The Times of India (Delhi)

Factories Act revamp may signal labour law reforms

New Delhi: TIMES NEWS NETWORK





Markets Surge Ahead Of Budget As Govt Gets Cracking On Economy

Just days before the 2014-15 Union Budget, the Centre on Monday said it planned to amend the archaic Factories Act, 1948 -the first move in more than a decade to revamp labour laws. Most governments have avoided labour reforms for fear of a backlash from the politically powerful labour lobby .Firms have cited obsolete labour laws as a key hurdle to doing business; the government's move is expected to send out a positive signal as it gets down to the business of attracting investment. It also sits well with its pledge to ease the processes of doing business and make India an attractive destination, revive manufacturing and create jobs.
Minister of state for mines, steel and labour Vishnu Deo told the Lok Sabha in a written reply that the proposed major amendments would include relaxing restrictions on night duty for women in factories subject to certain conditions and increase in the limit of overtime to 100 hours (existing 50 hours) in a quarter.
It would also include provision of protective equipment for safety of workers and more precautions against fumes and gases. The central government would be empowered to make rules, a departure from the current practice where states frame the rules.
Experts said the proposed changes to the Factories Act would ensure employees' health safeguards. The plan to allow women to work in night shifts would benefit sectors such as textiles and garments.
“Changes to the Factories Act will help reduce red tape, end inspector raj and bring in transparency for workers and employers,“ said Sanjay Bhatia, president, Ficci Confederation of Micro, Small and Medium Enterprises.
The intention to amend the Act comes after the BJP government in Rajasthan moved to amend four central laws which include the Industrial Disputes Act, the Contracts Labour Act, the Factories Act and the Apprenticeship Act.
Current rules stipulate that the Factories Act would be applicable to manufacturing units employing at least 10 workers and operating on power, and 20 employees for those units without power.
“The final version of the amendments should be discussed with the trade unions,“ said A K Padmanabhan, president of CITU. Retail giant Carrefour announces India exit F rench major Carrefour, the world's second largest retailer, on Monday announced its exit from India, months after the ruling BJP made it clear that it was opposed to FDI in multi-brand retail . “Carrefour today announced its intention to close its five cash-and-carry stores in India, where it has operated since 2010. The closure of Carrefour's business in India will be effective at the end of September 2014... “ the company said in a statement on its website late Monday evening. P 25

Jun 27 2014 : The Economic Times (Delhi)

CRACKDOWN OVER MGNREGA - States to Pay Compensation for Wage Delay by July 31

YOGIMA SETH SHARMA

NEW DELHI





25% of payments amounting to `. 2,700 cr are delayed beyond the stipulated 15 days

Centre has come down heavily on states asking them to pay the entire compensation to workers arising out of delay in wages by July 31 under the employment guarantee scheme, in the absence of which states will not be allowed to apply for further funds under the scheme from the Centre.At present, 25% of the payments amounting to Rs 2,700 crore are delayed beyond the stipulated 15 days. A fraction of payments, about Rs 125 crore, have been delayed for over 90 days.
Ministry of Rural Development had introduced the penal system of monetary compensation for delay in wages under the Mahatma Gandhi National Rural Employment Guarantee Act in January this year and till date the cumulative compensation stands at Rs 90.6 crore.
` Of this, compensation for delay in wages in 2013-14 is Rs 79.7 crore while it Rs 10.9 crore in the first quarter of the is ` current financial year.
Under the compensation clause, government penalises states at the rate of 0.05% of the wages delayed per day .
States, in turn, can recover this from the functionaries or agencies involved in payment of wages.
“This kind of tough stand was needed as barring two states, no state has taken our instructions seriously as a result of which the problem of delay in wages continued despite the compensation clause being put in place,“ a senior government official told ET.
In a letter written to special chief secretaries of all states recently, the ministry of rural development has said that barring Maharashtra and Chattisgarh, in no other state the programme officers have been examining the delayed cases, which reflects poorly on the monitoring of the scheme.
Conveying the Centre's message of 'zero tolerance' for delays, the ministry has also directed states to tighten the system of wage payments without any further loss of time.
The states with highest compensation in the current fiscal include Madhya Pradesh (. `2.3 crore), Tamil Nadu (.
` 2.03 crore), Chattisgarh (. `1.1 crore), Maharashtra (. ` 0.98 crore)and Andhra Pradesh (. `0.97 crore).
MGNREGA promises 100 days of work each year to every rural household. The Act stipulates that wage payments have to be made within 15 days to the beneficiary.
However, complaints of delayed wage payments have been rampant since the scheme was implemented in February 2006.
Centre has allocated ` . 34,000 crore for 2014-15 to MGNREGA, the flagship employment guarantee scheme.

Jun 27 2014 : The Times of India (Delhi)

Brain implant helps paralysed man move his hand using thoughts

Washington PTI





Ian Burkhart in the US is the first patient to use Neurobridge, an electronic neural bypass for spinal cord injuries that reconnects the brain directly to muscles, allowing voluntary and functional control of a paralysed limb

For the first time, a 23year-old paralysed man from US has been able to move his hand using his thoughts, thanks to an innovative device that bypasses the injured site.
Ian Burkhart, from Dublin, Ohio, is the first patient to use Neurobridge, an electronic neural bypass for spinal cord injuries that reconnects the brain directly to muscles, allowing voluntary and functional control of a paralysed limb.Burkhart is the first of a potential five participants in a clinical study by the Ohio State University Wexner Medical Centre and Battelle. “It's much like a heart bypass, but instead of bypassing blood, we are actually bypassing electrical signals,“ said Chad Bouton, research leader at Battelle. “We're tak ing those signals from the brain, going around the injury , and actually going directly to the muscles,“ said Bouton. The Neurobridge technology combines algorithms that learn and decode the user's brain activity and a high-definition muscle stimulation sleeve that translates neural impulses from the brain and transmits new signals to the paralysed limb. Ian's brain signals bypass his injured spinal cord and move his hand, hence the name Neurobridge.
Burkhart was paralysed four years ago during a diving accident.
During a three-hour surgery on April 22, Ohio State neuroscience researcher Dr Ali Rezai implanted a chip smaller than a pea onto the motor cortex of Burkhart's brain.
The tiny chip interprets brain signals and sends them to a computer, which recodes and sends them to the high-definition electrode stimulation sleeve that stimulates the proper muscles to execute his desired movements. Within a tenth of a second, Burkhart's thoughts are translated into action.





Jun 27 2014 : The Times of India (Delhi)

Q & A - `Women suffer sanitation absence most ­ also impacts economy'





One month after the horrific Badaun gang rape exposed how gravely at risk women and minors lacking domestic toilets are, India's sanitation scenario remains dire. Social worker and Padma Bhushan awardee Bindeshwar Pathak is founder of Sulabh Sanitation Movement, an organisation that helps build low-cost toilets across the country. Speaking with Fozia Yasin, Pathak discussed the socio-economic costs of lacking proper sanitation, practical ways to correct this ­ and the best and worst performing states in providing basic facilities: Recent crimes highlight a lack of basic facilities ­ how do you evaluate the situation?
Well, women really suffer the most because of an absence of toilets in rural areas. They have to go to open locations only before sunrise and after sunset. Unlike men, they simply cannot do so during the day. Apart from a vulnerabi c lity to rape, they are also prone to animal attacks and snakebites.
s What's more, many girls aren't even going to school because of s the lack of toilets there.There are also around 50 dis eases caused due to poor sanitary practices. This directly impacts the larger economic situation t with a number of workdays rou tinely lost and with growing healthcare costs.
Why isn't providing basic sanitation a prio basic sanitation a priority for a country aiming to be a superpower?
The provision of toilets and the abolition of manual scavenging was a priority for the previous government ­ but it could not implement the programme satisfactorily. Many promises made were never achieved.
Today, funds allocated for the cause aren't enough. Billionaires should chip in for a new sanitation movement in India.
With the help of 690 rich people, we could cover all the 690 districts of India.
Until then, a World Bank report says over 600 million people are forced to use openair locations. How to deal with this situation?
It's a shame. The country needs about 120 million more latrines now. We need large-scale construction of public toilets and urinals across towns and cities. In urban slums, inhabitants have no right on the land, so they can't even construct toilets inside their premises ­ for them, public toi lets with urinals, bathing facilities, laundry spots and a small health centre should be construct ed. Such toilets should be main should be main tained by municipal corporations free of charge.
India has a strong demo graphic dividend ­ how can its young people help?
Well, in rural areas, to begin with, five boys and girls in each block should be trained in the construction and maintenance of toilets. There are 5,924 blocks or talukas in India. Therefore, 30,000 boys and girls should be trained in this procedure. In urban areas, such young people should also be allowed to charge some mon ey for their live lihood, so that they can sustain themselves and work as group motivators. They should go house to house and educate people about the health hazards of open defecation, helping make facilities.
Which are three best and worst states in providing basic facilities to people?
Goa, Maharash tra and Uttarakhand are the top three states with good sanitation coverage.
Madhya Pradesh, Uttar Pra desh and Bihar are the worst.

Jun 27 2014 : The Times of India (Delhi)

Row `unfortunate' & `unprecedented', say academics

Manash Pratim Gohain

New Delhi TNN





Eminent citizens, including former UGC chiefs, vice-chancellors and academicians, have termed the FYUP controversy “unfortunate“ and “unprecedented in the history of any Indian university“.Jawaharlal Nehru University's vice-chancellor, S K Sopory, and former UGC chairman Yashpal urged both parties on Thursday to sit down and “restore the admission process to safeguard students’ interest”.
Sopory said, “They should sit together instead of writing notes and resolve it. Autonomy is an issue, but we have to look at it from a broader perspective, not just in terms of FYUP.” On vice-chancellor Dinesh Singh’s silence, Sopory said: “Maybe he should have explained his position to UGC and students. Whatever is good for students should be done. All
stakeholders should have been consulted while introducing the reforms.” Yashpal, however, held Singh responsible for failing to deliver on his promises. “It sounded good when he spoke about the interdisciplinary approach, flexibility and employability. But he never kept his promises and, in fact, this is worse than what was in existence. We just can’t put students’ career at stake. This is not about breach of any administrative autonomy, students’ autonomy is supreme.” Experts and academicians are saying autonomy exists only if DU is fulfilling certain basic conditions. “There should have been proper preparation before rolling out such reforms as it has national impact. There should have been proper preparation at the national level.In England when Open University came, they had 10 years of preparation,” said Rajya Sabha member Mrinal Miri, who was a former member of Central Advisory Board of Education (CABE), the highest advisory body on education for the central and state governments.Miri, who was also a member of UGC’s FYUP monitoring committee that had submitted its report last year, added, “It is sad that the university authorities are silent and UGC is trying to push things. Such a thing has never happened in the history of any Indian university.” On FYUP and its implementation, he added, “FYUP being a deviation from national education policy is a big issue and DU is not a standalone university.
Any reform in DU impacts other universities as well. Most importantly, all stakeholders should have been consulted.”

Jun 26 2014 : The Times of India (Delhi)

Slum redevelopment a CSR activity

Lubna Kably

Mumbai: TNN





Road Safety Awareness, Consumer Protection Services Also Eligible: Govt

Slum-redevelopment, road safety awareness and consumer protection services will be treated as Corporate Social Responsibility (CSR) activities, according to clarifications issued by the ministry of corporate affairs in response to queries from stakeholders.BJP's election manifesto had promised to usher in a low-cost housing policy that would ensure every family in India a home by 2022. The ministry , in a circular, has clarified that slum-redevelopment or housing for economically weaker sections could be covered under the eligible CSR category of `measures taken for reducing inequalities faced by socially and economically backward groups'.
Activities relating to road safety promotion, which is a dire need in India, are also likely to get a major fillip as the ministry has clarified these would also be treated as eligible CSR activities. Promoting road safety awareness through print, audio and visual media would qualify as a CSR activity under the broad head of `promoting education'; providing trainers to drivers would fall under `promoting vocational skills'; and social projects like giving medical and legal aid, treatment to road accident victims would fall under the eligible category of `promoting health care', explains the circular.
Any project meant for development of rural India will be treated as a `rural development' project and will be an eligible CSR activity . Likewise, supplementing government schemes like mid-day meals would also qualify as CSR for alleviation of poverty and malnutrition. Renewable energy projects would be eligible for promoting `environmental sustainability'.
Responding to a query from the Consumer Education and Research Centre, the ministry has clarified that consumer education and awareness related activities would also be eligible as CSR towards `promoting education'. Likewise, donations to IIM (A) for renovation of classrooms would be an eligible CSR activity to promote education. While the ministry has provided various illustrative clarifications, it has also stressed that the 10 categories of eligible activities outlined in Schedule VII of the Companies Act, 2014 `must be interpreted liberally'. Activities outlined in this schedule are wide ranging and include those relating to promoting education, promoting preventive healthcare, rural development and even protection of national heritage, art and culture.
Salaries paid by companies to regular CSR staff and volunteers can also be factored into the project cost as part of the CSR expenditure. However, one-off events undertaken by India Inc, such as sponsoring marathons, awards, sponsorship of TV programmes, will not qualify as eligible CSR activities. Expenses incurred by India Inc for fulfilment of any regulations such as Labour Laws and Land Acquisition Act also would not count as CSR expenditure, adds the circular.
Even sustainable urban development and urban public transport system are not eligible CSR activities.
Experts point out that India Inc should proceed with caution. “The final rules to the Companies Act are clear that CSR activities do not include normal business activities. Thus, even if slum redevelopment qualifies as a CSR activity , a grey area would crop up, if a slum area is taken up for construction of villas and these slum dwellers are rehabilitated by the builder.“
The CSR provisions contained in The Companies Act, 2014, requiring large companies meeting certain financial criteria to either comply with the CSR spend or report non-compliance kicked in from April 1. These companies are required to spend 2% of their average net profit of the last three years on CSR activities. Fillip to trusts, societies xpenditure incurred by a foreign holding company for CSR E activities in India, if routed through its Indian subsidiary, will qualify as CSR spend of the Indian subsidiary. In addition, while the Rules to the Companies Act, 2014 had permitted India Inc to carry out CSR activities through a trust, registered society or non profit company, the circular goes a step ahead. Contribution by India Inc towards the corpus of such a trust, society or towards the capital of the not-for-profit company will also qualify as CSR spend. The conditions prescribed are that these entities should be created exclusively for carrying out CSR activities or the corpus should be created exclusively for carrying out eligible CSR activities.