Wednesday, September 3, 2014

WAKE UP INDIA FROM DEEP SLUMBER (A LAYMAN‘S THOUGHTS)






WAKE UP INDIA FROM DEEP SLUMBER
(A LAYMAN‘S THOUGHTS)


(The views  expressed in this write up represent writer’s own views and not of any organization or institution or any party nor are intended to offend or defend any constitutional institution or governmental instrumentalities)

By
Prahalad Rao, Consultant, B-10F, Vatika Apartments (MIG), Mayapuri, New Delhi -110064 (Mob: 9212151469 Email: prahaladrao76@gmail.com)

1.0     INDIAN FREEDOM AND REPUBLIC

(a)  We are approaching Sixty Seventh Year of our Independence.

(b)  Fundamental Duties in the Constitution of India make it a duty for every Indian to cherish and follow the noble ideals which inspired our National struggle for freedom.

(c)  Freedom Movement that led  India attaining Independence is a forgotten word in Today’s India.

(d)  Great sacrifices by people of India hardly reminds us today to remember them.

(e)  Independence Day is observed as a ritual.  Speeches do not even make reference to Freedom Fighters. Is this not a tragic truth of ungratefulness?

(f)     Build “India Freedom Tower” with a Museum to give a glimpse to the present             and future Generations on freedom struggle of India.

(g)  Two minutes silence on Independence Day will be a befitting Mark of             Respect and Homage to Freedom Fighters.

2.0     NATIONALISM, NATIONAL CHARACTER AND NATIONAL PRIDE

Ø  Nationalism, National Character and National Pride remained outside the domain of ruling class since Independence eroding and eating away the core strength of the Nation..

Ø  Nations survive not by modern weaponry but by strong commitment, honesty, sincerity and gratefulness which form essence of National character and National Pride and a Nation without them is like holding in hand an empty barrel.

Ø  Nationalism, National Character and National Pride conjoin people and make Nation free of corruption, dishonesty, insecurity, greed, selfishness, discrimination, communalism and anti-Nationalism. A Nation bereft of them is like building a castle on sand waiting to stumble.  A wake up call to every citizen.

Ø  We voice collectively as “BHARAT MATA KI JAI”. Bharat is India and India is Bharat. Our Mother is Bharat Mata. There is Indian Blood in every Indian. Yet, considering Indians differently based on caste, creed, religion etc. or in demanding graft in official work is treacherous. Remember! The Generations to come will not forgive such Indians.

Ø  Those who indulge in corruption in discharge of their Official Duties and those who indulge in unlawful and illegal means to enrich themselves are at par with dacoits with only difference that the methods followed are different, the former do it in a seemingly lawful and honorable way and the latter do it as part of their profession y liable for severe punishment  which is not so in the former case where they find escape routes by placing someone else as a scapegoat who, with all the innocence on his part, faces the criminal proceedings which extend 15-25 years when the Courts may find him as not guilty of the offence charged.

Ø  A child learns what its parents talk or do regardless they are good or bad and believes them as true and right.  On growing as an adult, it continues to follow the same as the only  truth that having talked or done by its parents.

Ø  Today’s chaos and concerns being echoed in the families and in the country is the result of the parents footprints the child or adult continues to follow. Serials, most of them exhibiting hatred, revenge, crimes, harsh language as well as unwholesome advertisements on and films on television impact on growing children  and adults. This is the malaise acting badly against building Nationalism, National Character and National Pride among the teens and adults.

Ø  Stretching Freedom of Speech and Expression guaranteed to the citizen under the Constitution overzealously in serials, advertisements and films etc. could lead to a social explosion and exploitation of innocent teens and adults. Urgency begs the authorities concerned to act swiftly, put in place suitable guidelines based on the judicial pronouncements to save sociologically, physiologically and  psychologically afflicted younger generation and adversely affecting fabric of character and conduct of the citizens in general

Ø  All the “Isms” when merge into one “Ism” become “Nationalism”. National character reflects the character built by the parents and the schools, the roots for the children and adults. That which moulds a child or adult into a good conduct and character at home and in school imbibes a sense of duty to the Nation transforming it into Nationalism and National Character which together form the National Pride, THE ULTIMATE STRENGTH OF THE NATION.

Ø  Sacrifices of soldiers and civilians during sixty six years of Independence and those sacrificing for the country presently or in future. call for their glorification. Build for them “INDIAN REPUBLIC MARTYRS TOWER” WITH A MUSEUM to keep them abreast with the Generations to come. Two minutes silence on Republic Day is a worthy mark of respect and homage to them.

Ø  Induct Nationalism, National Character and National Pride as part of  curriculum in schools and colleges exemplifying heroic and exemplary deeds of Freedom Fighters as well as of those soldiers and civilians who sacrificed for the Nation  during the past sixty six years and those sacrificing for the country in future.

Ø  Enforce Fundamental Duties enunciated in the Constitution through enactment of  Public Accountability Law which should include -

(i)            Self and Public Discipline, National Character and National Pride making them fundamental requisites for National development for every section of the society, corporate, service providers, public servants and people..

(ii)           Ban naming castes, creeds, class, religion by anyone other than for official  records for governance, welfare and administrative measures to secure them self respect and dignity..

(iii)          Every authority be made accountable to people in the same manner as each authority wants people to be accountable.

(iv)         Educating people against disorderliness, disturbance, destruction, disobedience and disrespecting rule of law with suitable means and mechanisms to prevent their occurrence and recurrence to save loss of lives and public property.

(v)          Incorporate a code of conduct for the serial makers, advertisers  on television and film makers to observe and follow rulings given by the  Supreme Court on Freedom of Speech and  Expression in order to create a healthy and wholesome environment for the betterment of the society and in particular the younger generation.

(vi)         The Law may impose stringent preventive and punitive measures for breach or contravention of any of its provisions.  

(vii)        The provisions of the proposed law should be in addition to and not in derogation of the existing laws.

Ø  Economic and Social Growth and National Security call for a strong bedrock of values and virtues of life, conduct and character and a sense of brotherhood and sisterhood  among religions, castes, creeds, class, the people and politicians to evolve into oneness  as the path for ever rising  Prosperity for the PEOPLE and Glory to the Nation. When this happens, the Nation looks in one color mitigating the Poverty, the  “Mantra” recited by Politicians, Economists and Sociologists day in and day out.

3.0     CONSTITUTIONAL ORGANS INTER - RELATIONSHIP – INNOCENT ANOMALIES

(i)            Constitution does not state that Council of State  and House of People ares supreme rather its Preamble proclaims the PEOPLE as supreme..

(ii)           Both Houses are one among the Constitutional Organs and not one within themselves.

(iii)          Equality among the Constitutional Organs is the foundational spirit and faith of the Constitution.

(iv)         Each Constitutional Organ has its own constitutional duties and obligations to be discharged.

(v)          The order of standing of Parliament envisaged under the Constitution is President, Council of States with Vice President   as its Ex-officio Chairman and the House of People headed by the Speaker.

(vi)         Both Houses determine by law salaries and allowances  etc of the President, the Chairman of Council of States, Speaker, the Deputy Speaker  of the House of People and other Constitutional Organs.

(vii)        Both Houses determine themselves  by law salaries and allowances of their Members which, with all respect to Constitution makers, is constitutionally unfair and unequal in democratic sense.

(viii)       Salaries, allowances etc. of the Members of both the Houses should be determined by the President on the basis of recommendations of a Joint Committee of Chairman of the Council of States, Speaker of the House of People and the Comptroller & Auditor General of India to maintain equilibrium among the Constitutional Organs

(ix)         The Governor of the State should determine the salaries and allowances etc. of the Members of State Legislative Council/State Legislative Assembly on the basis of recommendations of a Joint Committee of  Chairman of Legislative Council, where exists, the Speaker of Legislative Assembly and the Comptroller & Auditor General of India represented by the State Accountant General.

(x)          The powers to make law to conduct own business by the both the Houses /Legislative Council (where exists)/Legislative Assembly is also constitutionally not fair as it amounts to self governance without any checks and balances, the absence of which is sending unhealthy  signals to the people, in particular, to the growing Generation.

(xi)         Rules governing conduct of  business of both the Houses  should be determined by the President on the basis of the recommendations  of a Joint Committee of  the Chairman of the Council of States, the Speaker of the House of People and the Chief Justice of India.

(xii)        The Governor on the basis of the recommendations of a Joint Committee of  Chairman of the Legislative Council l(where exists), Speaker of the Legislative Assembly and the Chief Justice of High Court should lay down Rules governing conduct of business.

(xiii)       Existing provisions in the Constitution in respect thereof need to be amended to give effect to the above suggested approach that will demonstrate the democratic maturity and sanity of the Constitutional Organs. These measures will mitigate existing variants and establish equilibrium among the Constitutional Organs.

(xiv)       Telecasting of proceedings of both the Houses is showing children, young and elderly persons actual happenings in both the Houses. These happenings include the normal proceedings as well as  shouting, walkouts, inter-parties aggressiveness which are sending a wrong message to the Nation.

(xv)         It is incumbent upon the respected and learned Members of both the Houses to realize this reality and show a more responsive and positive attitudes during the proceedings to correct the misgivings and help grow a healthy culture and environment inside and outside.

(xvi)       Walkouts and adjournments may be members rights and privileges but considering the public expenditure involved in convening and conducting proceedings of the House Sessions, it is expected that such incidences are minimized as far as possible to ensure smooth functioning of the proceedings and completion of the Business of the Houses in hand. This aspect also needs to be accorded due consideration in the suggested Conduct of Business Rules for both Houses.

(xvii)      Two Houses only enjoy the entire powers of amendment of Constitution This means that both these Organs can take away the constitutional   powers vested in other Organs of the Constitution or may even abolish a Constitutional Organ altogether under their amending powers.

(xviii)     Basic structure or features of the Constitution contained in judicial pronouncements should be explicitly incorporated  to safeguard mutual interests of the Constitutional Organs, the people and the country.

(xix)       Upholding the democratic values and virtues is the responsibility first of both the Houses  and other Constitutional Organs and then of every citizen.

4.0      CONSTITUTION, PRESIDENT AND COUNCIL OF MINISTERS

(i)            The executive power of the Union is vested in the President and is exercised by him either directly or through officers subordinate to him in accordance with the Constitution

(ii)           Council of Ministers with the Prime Minister at the head is to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice: President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration. This provision in the Constitution is with respect to exercise of functions by the President.

(iii)          Among the Cabinet, the both the Houses,  only the President is sworn to preserve, protect, and defend the Constitution. Like a Supreme Court judge, a Member of Parliament swears to bear true faith and allegiance to the Constitution. In addition to taking an M.P.’s oath, a Cabinet minister takes an oath of secrecy. It stands to reason then that the Cabinet, which has sworn to work within the four corners of the Constitution, would never tender any advice to the President.,

(iv)         However, if the President rejects the Cabinet’s advice for the first time on the grounds of it being unconstitutional, merely tendering the same advice again would not cure the vice of unconstitutionality. Therefore, it cannot be said that an advice has been constitutionally tendered at all. The President, when in his opinion, considers accepting advice  would place him in violation of the constitutional duty to protect, preserve, and defend the Constitution, he  should act according to his discretion.

(v)          The President is the Head of the Organs of the Constitution. He is bound by the Oath of Office taken by him. Each Constitutional Organ is placed with constituent duties, responsibilities, obligations to be discharged and powers to be exercised, under the Constitution.

(vi)         The House of the Representatives and the House of People do not enjoy legislative jurisdiction to amend any of the constituent powers and discretions conferred upon other Organs by the Constitution, more so, of the President of India.

(vii)        Amendments made so far exercising legislative powers by both the Houses affecting the powers as originally conferred upon the President by the Constitution acted prejudicial  in due discharge of his duties and exercise of powers according to the Oath of Office taken by him and, are therefore constitutionally not  valid. Such powers and discretions are integral part of the President of India under the Constitutional Scheme to protect the Constitution, the People and the Country whenever the exigency and expediency so warrants.

5.0     THE CONSTITUTION AND THE POLITICAL SYSTEM

(i)            Dawn of Independence saw three political parties on the country’s political scene. Fortunately for few and unfortunately for the people and the country, in course of time, the process of splitting the parties set in on so called ideological differences.

(ii)           Politicians who were expelled for breach of Parties Bye Laws or  denied ticket for contesting election thought best to form a new party which way the political parties started multiplying.

(iii)          Regional parties  began emerging making major parties  dependent on them.  How the governments were run in coalition with the regional parties during the past ten years does not need to be told.

(iv)         Growth, development and security of the Nation is entirely dependent on a strong and stable political system but unfortunately for reasons stated above, the political system started further worsening threatening serious consequences to the country.

(v)          Emergence of a majority party in recent elections augurs well for the Nation and the people and showed the maturity of the people to uphold the democratic values and system.

(vi)         It cannot, however, be assumed that the same pattern stands established and will continue in years to come. This is so because multiplying parties have been playing multiple games having solely the self interest. Until the political parties cut down to minimum acceptable level in keeping with the size of the country, the future remains unpredictable.

(vii)        In this context are the following few submissions:

(a)  Parliament should amend The Peoples’ Representation Act that mandates the Election Commission to recognize only that party which should have authentic minimum number of members at National Level and States Level so as to maintain not more than three Political Parties at National Level and  at the State Level.

(b)  This will make the prevailing multiple political parties to converge and merge to qualify themselves for recognition.   This helps plug and control leakage of public money in various forms and will go a long way in establishing political and financial discipline.

(c)  Establish “NATIONAL ELECTION FUND (NEF)” under the sole control of the Election Commission to be applied and administered according to the rules to be approved by the Parliament in that behalf 

(d)  The rules must mandate that all the political donations and contributions permitted under the relevant laws of the country should be paid into the NEF. In proportion to such contributions, the Central Government should contribute to the Fund.

(e)  The rules also must provide that contributions by anybody or accepting political donations or contributions by the political parties or by any their member(s) otherwise than as specified in the rules will be a ground for de-recognition  of such party.

(f)   Electioneering expense to be incurred by the recognized parties  either in the case of National Elections or State Elections should be made available from Fund by the Election Commission in the ratio of the members of the Party to the total members of all the Parties together at the National or the State Levels.

(g)  Fees collected by the political parties for enrolment as party members and the funds made available from out of the NEF in accordance with the rules should only be the source of funds for the parties for the purpose of election expenses..

(h)  This will open  a NEW CAHPTER IN INDIAN POLITY and will demonstrate the wisdom and maturity of the POLITICAL PARTIES TO STAND UP TO THE NATIONAL CALL OF THE HOUR.

(i)    Make it mandatory by law that election of Office Bearers of the Parties shall be by normal voting process and not through consensus or on the basis of High Command directions. This will provide to the person elected comfort of confidence and places a higher level of onus and responsibility for performing the functions.

(j)    Make it also mandatory by law that election of Prime Minister and Chief Ministers shall be by normal voting process and not through consensus. This will provide to the person elected comfort of confidence and places a higher level of onus and responsibility for performing the functions.

(k)  As per the Anti-Defection Act, 1985, a 'defection' by one-third of the elected members of a political party was considered a 'merger'. Such defections were not actionable against.  This was changed through  the 91st Constitutional Amendment Act, 2003 according to which   now at least two-thirds of the members of a party have to be in favour of a "merger" for it to have validity in the eyes of the law. "The merger of the original political party or a member of a House shall be deemed to have taken place if, and only if, not less than two-thirds of the members of the legislature party concerned have agreed to such merger.

(l)    Even the law as amended on anti-defection against the political parties is being more misused than properly used according to intended letter and spirit of the Act. Ten years since the introduction of the amendment in 2003 have amply shown how the political parties have used the amended provisions of the Act.

(m) Time has come now for the people who elected a member to recall such member if such member has defected either individually or as part of a group of the members from one party to another party exercising their inherent right of vote of no confidence against member or members by submitting a Notice attaching therewith a Resolution duly passed and signed by a majority of the electorate who elected the member or members as their representative (s) verified by the Block Electoral Officer  to the Speaker of the Hose and, the Speaker of the House, on receipt of  such Notice and the Resolution, if satisfied, should disqualify the member or members from the House and, if not satisfied, respond to the Notice and Resolution so received giving reasons as to  why the Speaker did not consider it necessary to disqualify the member or members.

(n)  If the process in (m) is adopted, the existing Anti-Defection Law should be annulled altogether.

(o)  If the process in (n) is considered as not proper, then the existing Ant-Defection Law should be further amended barring totally any defection in whatsoever manner from one party to another party, if such defection is made, the member or the members so defected should stand disqualified as member or members of the House.

(p)  Defection of member or members from one party to another party is the greatest threat to the stability of the political system whether at the federal level or at the states level. There is abundant past evidence how such defections weakened the democratic functioning  due to horse-trading occupying the dominant role in the whole process of defection and unaccounted  money becoming most attractive..

(q)  This should be stopped once and for all and the purity and sanity of the political parties and the stability of the political system must be maintained at whatever action and cost it calls for as it is the political stability alone that matters most in the democratic system and the entire security, development, welfare and protection of the citizens of the country rests on this foundational strength.

6.0     NATION AND SECULARISM
(i)    Secularism has always carried a strong connotation of the desire to establish an autonomous political and social sphere which is naturalistic and materialistic, as opposed to a religious realm.

(ii)   Secularism is a highly abused word in the country. It has been reduced to a slogan and a form of publicity, for every electoral gain. It takes on the color that every cynical politician seeks to give to it. Its indiscriminate and mechanical overuse for short-sighted political ends has deprived it of meaning.

(iii)  Secularism is express and inherent in the Constitution which is being exploited by the political parties altogether differently in its essence embodied in the Constitution. Secularism as enshrined in the Constitution has no connection or relationship with any religion, caste, creed, class etc. which make India together but it has to do with equal rights, privileges and opportunities to each one of them so that the aspirations of each one of them are achieved through their economic and social growth which are fundamental to dignity of living and self respect.

(iv) One can enjoy its faith according to its own religious mandates but that is something ritualistic to each individual of such religion to be absorbed by each of them as part of their private life and family and religious tradition. Such sacrosanct acts and deeds have their respect and place within one’s heart, home and within one’s worshipping place. All this is intended to invigorate self spiritual development which is as essential as physical development both of which are outside the Secularism Concept.  Secularism in its every sense and meaning aims to build economic and social growth with equal opportunities free of any discrimination for every citizen regardless of religion, caste, creed, class etc. which are integral part of welfare and wellbeing of the citizens of the country.

(v)  Co-exist is the Lone Call of the Creator and cry of every Soul on Mother Earth to GROW COLLECTIVELY which helps us move hand-in-hand and ensure every citizen more and more progress and prosperity.

(vi) Saints of all Faiths from time immemorial practiced and taught values and virtues of life – the spirituality -  for one’s wellbeing and wellbeing of the society one lived with. Values and virtues of life so given to us by Saints of our respective Faiths remain valid for ever.

7.0     NATURAL CALAMITIES
(i)    Country has been witnessing natural calamities every year prior to and after the Independence. These are treated routinely and forgotten. Reliefs are said to be not reaching the needy.

(ii)   Existing machinery and mechanism has failed to meet challenges as evidenced by recent floods in Uttar Khand as well as in the past in the country.

(iii)  Enact law on Prevention, Preparedness, Control and Management of Natural Calamities including accountability and penal provisions.

(iv) Create an independent Department under the appropriate Ministry to deal with Natural Calamities.

(v)  Merge existing Government bodies, agencies etc. under the new Department. Also Bring NGOs seeking funds for and dealing with natural calamities within the ambit, control  and supervision of new law and the new Department.

(vi) Financial resource allocation spread out among various Ministries, Departments, NGOs etc.  for Natural Calamities may be pooled and placed under the sole control and management of the new Department.

(vii)Place all aids, grants etc. received from within and outside country for Natural Calamities prevention and relief  under the  control of new Department.

(viii)       Demonstrate purposeful utilization of available funds to create trust which itself will ensure flow of more and more aid and assistance.

(ix) Earmark a percentage annual contribution from Prime Minister’s Relief Fund for utilization by the new Department.
(x)  Make new Department  solely responsible for survey, identification and assessment of  areas prone to Natural Calamities and for initiating and implementing  appropriate schemes and measures aimed at –

(a)  Permanent remedies for prevention and reliefs.
(b)  creating awareness, preparedness and prevention
(c)  minimizing   loss of human and other lives and property,
(d)  Ensuring permanent rehabilitation of affected population with protective and proactive action and support.

(e)   Proposed Law should place similar obligations and responsibilities on the States and that Central Government Department  should aid and assist such State Department with supervisory powers and accountability report on the proper utilization of funds provided to the State.

8.0     ECONOMIC AND SOCIAL GROWTH CONUNDRUM
(i)    Economic and Fiscal Reforms to aim at strengthening economic and social growth.

(ii)   Economic reforms suppose to provide newer opportunities in every walk of life and activity of the country that apply the available resources or bring additional resources to first establish stability to existing economic conditions and then move towards exploring new natural, industrial, agricultural and  other areas offering scope and potential for enhancement of capital investment creating along employment opportunities, increased production and build up to meet the national demand, decreasing the import needs and increasing export capabilities, together generating much needed additional wealth for the continued sustainability and stimulation of economic growth to support the social growth of the nation.

(iii)  Economic reforms presuppose preparation of reasonably acceptable level of infrastructure facilities in every sector including educational infrastructure and upbringing, congenial policy structure, simple and streamlined systems and procedures with zero scope and tolerance for abuse and misuse of powers  which lay the foundation for inducement for investments  in various sectors opening doors for plenty and prosperity to the people in the areas thus improving their social growth and security leading them to a new way of life.

(iv) This is social growth through economic growth. To think social growth independent of economic growth and social growth can be achieved  through  free or administered distribution  in kind and cash  is to reverse the economic growth with adverse effects and pressure upon available national wealth with possible financial crisis and serious economic and social risks and challenges. Such an approach is like putting cart before the horse.

(v)  Economics teaches us a simple lesson. National wealth creation comes through economic growth and economic growth comes through sagacious  and sound economic reforms and policies linked to live wire of generating and laying ground for invitation and involvement of institutions, industries, farmers, servicing communities including financial, commerce, trading and people of all walks of life including rural population in activities that open up continual opportunities in areas endowed with potential scope for development that help create  economic wealth for the nation and assures a decent and dignified livelihood to one and all thus transforming social growth through economic growth.

(vi) Economics also teaches us that the expenditure, in whatever way is made by the Governments, must produce a product or service worth at least one and a half times if not two times of the expenditure made, except in cases of reliefs and charities. This is where the creation of job opportunities for the people originates and takes the progress forward for creation and for sustaining a sound and solid National Wealth Base.

(vii)Creation of capacity for the people to earn and lead a self reliant life through newer employment opportunities and self organized economic          activities is the corner stone of social growth alongside the economic growth.

(viii)        Bestowing economically weaker section, tribal and backward people benefits through economically productive schemes and measures aimed at attaining themselves self development and economic sustenance, ensuring that the benefits intended really reach their doors..

(ix) Economic growth  can happen through –
a.    Infrastructure development with speed and expediency.

b.    Achievable time line

c.    Government should assume pivotal role.

d.    Private Sector participation or PPP Models do not suit for development of infrastructure facilities since the infrastructure development by its very nature is not done on commercial approach which is the basic consideration for any private sector participation or PPP model but on a developmental approach which can be done only by the Governments to trigger, industrial, commercial and socio-economic movement. The Infrastructure Development creates commercial potentiality but by itself cannot be a commercially based activity. It underscores the peoples’ welfare and wellbeing by giving potential and scope for industrial and commercial growth which help people to earn their bread.

e.    Last decade demonstrated beyond doubt the multifarious effects and impacts on the goods and commodities markets how their prices have risen due mainly to ever increasing User charges of energy, more in particular, the electricity charges, gas and petrol charges, freights, airport and airfare charges,  all of which have direct bearing upon the upward inflationary behavior in the financial system. Privatization of infrastructure development has, to a great extent, contributed upward inflationary conditions in the country because of the sole consideration for the private sector being the commercial attitude in their business.

f.     Reliance on Private Sector needs to be reassessed as Private Sector, as the past two decades have shown, is shy of entering into infrastructure development setting the growth clock back especially in the Power Sector which is the life line of economic and socio-economic development.

g.    Even in cases where the Private Sector has been able to make a short success in infrastructure development like power sector, airports, telecommunication etc., the User charges are becoming unaffordable for an ordinary citizen, the reason being that Private Sector has been treating infrastructure services being provided by them purely on commercial considerations similar to those they apply for industrial and commercial purposes.

h.    Increasing User charges at regular intervals is also impacting the overall prices of the commodities and the services. Is it the only  means and end of achieving National Objectives overlooking the glaring living conditions of the general public and where is the point at which increasing of User charges will stop? Ensuring efficiency in operation, management and administration is a forgotten word both in the Private Sector and the Regulatory Regime. Infrastructure Development therefore aught not to be considered as commercial activity but fundamentally a basic development activity.

i.      Private Sector participative initiatives will begin only after infrastructure facilities are in sight. These participative initiatives are not in relation to further infrastructure development but will be in relation to industrialization, commercialization and socialization which open numerous opportunities to the people in the areas which alone can truly make the people self earning and living with dignity of life. No amount of free supplies in kind or cash to the people even for those who are below the poverty line can incentivize and induce developmental activities which are the backbone for the social wellbeing. Such free supplies are a myth built on the so called social security rather economic security for the people.

j.      Financial support through plan funds for infrastructure development as was prevailing till late eighties is best suited and practical for the Infrastructure Development which will maintain a minimum impact on the general public.

k.    There are several avenues and ways for resourcing funding infrastructure development and for boosting the growth opportunities. These could be as illustrated below which would be in addition to and not in substitution of the existing funding means of infrastructure development. Exclude the private sector participation or PPP model for reasons stated above:

(a)  Floating INFRASTRUCTURE DEVELOPMENT BONDS (IDB) by the Central Government through the RBI Debt Management Department.

(b)  Floating of INFRASTRUCTURE DEVELOPMENT GOLD BONDS (IDGB) by the Central Government through the RBI Management Department.

(c)  Floating of INFRASTRUCTURE DEVELOPMENT SPECIAL BONDS (IDSB) by the Central Government through the RBI Debt Management Department.

(d)  Potential sources and salient features of the  Bonds:

Type of Bonds
Potential Sources
Salient Features (Terms and Condition)
Justification
(a)  INFRASTRUCTURE DEVELOPMENT BONDS (IDB)
·         Domestic Investors
·         Foreign Investors
·         Multilateral Agencies
·         Bilateral Agencies
Ø  Seven years tenor with lock in period of five years.
Ø  Redemption at the end of the seventh year.
Ø  Interest @ 7% per annum payable half yearly by Interest Warrant Instruments.
Ø  Income Tax exemption up to fifty percent of the interest earned.
Ø  Recognized Instruments for investment by various bodies under the appropriate laws.
Ø  Both Bond and Interest Warrants  Transferable by Endorsement and Delivery which has the benefit of negotiability and liquidity   which have great attraction to the investors.
Ø  Exempt from Stamp Duty
Ø  Other Terms and Conditions as applicable normal Infrastructure Bonds.

v  Widening Scope and potential
v  Government Bonds – Capital Risk Free
v  Managed by RBI with assured services  to the investors.
v  Capable of mobilizing thousands of crores.
Ø  Transferability by Endorsement and Delivery  has the benefit of negotiability and liquidity most sought for by the investors

(b)  NFRASTRUCTURE DEVELOPMENT GOLD BONDS (IDGB)
·         Domestic Individuals
Ø  Five years tenor with lock in period of three years.
Ø  Gold deposit will be redeemed at the end of the Fifth Year with option for renewal by the   for  additional  five years on the same terms and conditions.
Ø  Gold deposited value  to be determined according to a mechanism in consultation with RBI. For example, the value can be determined t on the basis of the gold price prevailing on the date of deposit.
Ø  Purity and parity  of  Gold must be established to the complete satisfaction of the RBI according its own mechanism.
Ø  Interest @ 5% per annum payable half yearly by Interest Warrant Instruments.
Ø  Income Tax exemption up to seventy five percent  of the interest earned.
Ø  Both Bond and Interest Warrants  Transferable by Endorsement and Delivery.
Ø  Exempt from Stamp Duty
Ø  Other Terms and Conditions as applicable normal Infrastructure Bonds.

v  There is large scale domestic Gold Reserve with the Families in the country which is idling and awaiting opportunities for some earnings thereon.
v  Checks exploitation presently being made by the Private Agencies in the country.
v  High Scope and potential
v  Government Bonds – Gold Deposit - Risk Free
v  Managed by RBI  with assured services  to the depositors.
v  RBI can use this as Gold Reserve for printing of additional currency   equivalent of the total assessed value of the Gold deposited and utilize the same in the form of Gold Bond Reserve in the name of the GOI for using for infrastructure development.
v  Capable of mobilizing substantial resource.
Ø  Transferability by Endorsement and Delivery  has the benefit of negotiability and liquidity most sought for by the investors

(c)  INFRASTRUCTURE DEVELOPMENT SPECIAL BONDS (IDSB)
·         Unaccounted Money Holders within the country.
Ø  Subscriber to write his name, address and telephone number on the Application.
Ø  One time Immunity from the legal proceedings under the Income Tax and other applicable Laws/Rules.
Ø  Ten years tenor  .
Ø  Redemption at the end of  Tenth year with option for renewal l  for additional five years on the same Terms and Conditions.
Ø  Interest @ 3% per annum payable half yearly by Interest Warrant Instruments.
Ø  Interest earned will be subject Income Tax (Taxable Bond) without any exemption.
Ø  Both Bond and Interest Warrants  Transferable by Endorsement and Delivery which has the benefit of negotiability and liquidity to the investors.
Ø  Exempt from Stamp Duty
Ø  Other Terms and Conditions as applicable normal Infrastructure Bonds.

v  Efforts to unearth  the unaccounted money in the past had limited success .
v  Finding unaccounted money through administrative and legal process has not made much progress so far.
v  Such process is involving huge costs and time for the Government
v  One time immunity will induce the holders of unaccounted money. 
v  Checks growth of unaccounted money and avoidance of tax.
v  Government Bonds –  Risk Free
v  Managed by RBI with assured services to investors.
v  Capable of mobilizing substantial resource.
Ø  Transferability by Endorsement and Delivery  has the benefit of negotiability and liquidity most sought for by the investors
Ø  Help control parallel economy and inflationary movements.
(d)  Levy Infrastructure Development Charges Industries which are setting up their industries on the developed land.
·         Large and medium size Industries which are setting up their industries on the developed land..
.
Ø  The Levy of Charges  should be on graded basis for medium and large industries.
v  Developed infrastructure attracts and induces the medium size and large size Corporate for setting up their industries according availability of inputs in the area.
v  Capable of collecting adequate funds.

Ø  Funds earmarked for Infrastructure Development within the existing framework or the funds mobilized through the above suggested modes should be placed in a dedicated National Infrastructure Development Fund (NIDF) to be administered by the Ministry of Finance (MOF). This will infuse confidence and reassures undertaking hassle free development of infrastructure and enables timely completion of the projects.

Ø  Putting infrastructure in place whereby economic activity will start moving with cottage industries, small industries, medium and major industries flocking in along with  ancillary industries, agriculture production increasing much faster supported by IT industry, service sector, trade and commerce facilitating higher and higher economic growth, increased  capital inflow and revenue growth..

(x)      Government of India needs to mount a high voltage publicity to create awareness among the people on the revival of the retarded infrastructure growth with great urgency and speed  with slogans such as:

“HELP INDIA GROW AND GROW YOURSELF TOWARDS PROSPERITY THROUGH INFRASTRUCTURE DEVELOPMENT.”

“COME, PARTICIPATE AND CONTRIBUTE IN THE INFRASTRUCTURE BONDS TO BUILD A STRONG NATION ECONMICALLY AND SOCIALLY.”

(xi)         If the authorities in position think and consider the above avenues and measures for resource mobilization for much needed infrastructure development as not feasible in their given opinion, then, the only course open is “DEMONITIZATION OF FIVE HUNDRED AND THOUSAND RUPEE NOTES” through appropriate policy and procedure to make up resource requirements,  control the inflationary trend and stabilize the monetary system of the country

(xii)        There is also need to give ground strength for infrastructure development in the country. Classification of Infrastructure as defined in the MANUAL OF INFRASTRUCTURE STATISTICS dated March, 2014 by the Central Statistical Organization (CSO) is as under:

1.    Transport Infrastructure – Road, Rail, Inland Sea & Coastal, Air.
2.    Energy Infrastructure – Coal Mining & Quarrying, Petroleum & Natural Gas,          Electricity Infrastructure
3.    Communication Infrastructure – Telecommunication, Postal communication,
4.    Irrigation Infrastructure –
5.    Water Supply and Sanitation Infrastructure
6.    Storage Infrastructure.
Education also needs to be classified and included as an Infrastructure  Activity (Education Sector).

(xiii)       Government of India should establish “REGIONAL INSRASTRUCTURE DEVELOPMENT INSTITUTES (RIDI) to build a strong and specialized Work Force throughout the country essentially needed for faster infrastructure development as the existing manpower lacks skill and specialization to manage speedy infrastructure development.  RIDI should provide Graduate, Diploma and Supervisory Level Courses covering all the above classified Infrastructure Sectors including their sub-sectors.

(xiv)       A National Level Expert Committee may be set up to work out the modalities and funding for the establishment of RIDIs. Funding these Institutes may be through Multilateral and Bilateral Agencies grants, aids and soft loans as applicable for infrastructure development sectors.

(xv)        Government should also establish a NATIONAL INFRASTRUCTURE DEVELOPMENT CORPORATION (NIDC) WITH SUBSIDIARIES IN EACH STATE with full responsibility for coordination and integration and control and supervision of the infrastructure development in the country under the direct administrative control of the PMO considering the various Sectors and sub-sectors involved in the infrastructure development.

(xvi)       It is not to suggest overlooking  the administrative control of the Ministries concerned. The object of establishing NIDC would ensure ONE POINT review of progress of various Sectors/sub-sectors, analysis of shortfalls, render guidance and advice and to take timely remedial measures covering all the Sectors/sub-sectors.

9.0           VILLAGES TRAINING –CUM- SELF EMPLOYMENT CENTRES (VTSECs)
Every village or a group of villages have one or other kinds inputs and raw materials, traditional designing, artistic skills, dance and music services, cottage and handloom activities, natural resources etc. offering potential scope for development. Essence for the growth of the villages and the wellbeing of their inhabitants lies in creation of economic activity from the available opportunities in a group of villages. The road map could be as follows:

a.    VTSECs  to be  registered with the State Social Welfare Department....

b.    Identification and materialization of available inputs, raw materials, opportunities and scope for development of a cluster or group of villages which may be called as “Villages Training-cum- Self Employment Centers (VTSECs) may be conducted .through commissioning  IITs, IIMs, reputed rural development Research Institutes in the country to undertake a detailed study in order to establish the feasibility of the activities identified  including modeling and patterning structure of such centers which should be, by and large, in similarity to absorb different nature of activities as per available opportunities and scope in different group of villages so that a standardized cost for establishing such centers could be maintained with minimal expenditure and economic benefits.

c.    Such centers will ensure participation of the villagers around into an economic activity that enables their self growth, improving their living standard and achieving the end objective of inclusive economic growth.

d.    NABARD should lend a strong support, guidance and assistance to the proposed centers including Initial Capital Expenditure for center’s establishment, machinery, tools and tackles by way of  grant to centers. Soft loans may provided by NABARD for Working Capital till such time the center starts self earning and self management.

e.    Block level, District  and State Level authorities should render necessary assistance in establishing VTSECs market centers at the Block level and District Level  so that such centers are assured of outlets for sale of their products and material thus linking the centers to the national mainstream.

f.     The Central and  State Social Welfare  and Education Departments   should formulate a road map of the State based on the above mentioned surveys and studies reports to identify the core strength of the Group of Villages and the core skills required to provide them training and self employment with continued watch and ward for the efficient management of the centers and to safeguard against any misuse and mismanagement.

10.0       URBAN TRAINING-CUM-SELF EMPLOYMENT CENTRES (UTSECs)
There is also a need to organize Urban  Training –cum- Self Employment Centers  (UTSECs) in major and metro cities, to begin with. Their modalities and operational mechanisms can broadly be as follows:

a.    Conduct surveys and  studies through specialized and reputed bodies and agencies to identify concentrated areas of unemployed and beggars who, due to lack of their earning capacity, have become victims of anti-social activities, committing of crimes including crimes against woman, snatching of gold and ornaments, kidnapping businessmen and rich people for ransom at gun point and even killing them, stealing cars and vehicles, theft and robbery in the residential areas including the houses occupied by lone elderly persons etc.  Such surveys and studies need to be conducted to ascertain the above activities occurring in day and night. News items appearing in the daily news papers about the crimes against women are highly disturbing and painful to read.

b.    Based on such survey and studies, set up an expert committee of sociologists, economists, criminologists and psychologists to pinpoint the exact causes that are arousing the above categories of people for resorting to above kinds of activities and classify them into those who are prone to  high and low levels of anti-social and criminal activities in order find out the best methods and means to rehabilitate them and make them socially respectable and responsible.

c.    Today’s lifestyles being depicted in the serials and films as well as in the society are the main attributes for driving lower class people to the activities of the nature mentioned above, just because, this class also wants to live in its own lifestyles  comparable to other lifestyles appearing before them. Given the self earning and dignified living opportunities, such class of people would become responsive to the respectable social growth. The prevailing laws and procedures and  abusive attitudes of certain section of the society are also responsible in dragging them into anti-social activities. Once this is stopped, they would also stop doing what they are doing today. How to do this?

d.    In identified concentrated areas based on the survey and studies stated above and the recommendations of the experts, establish Urban Training-cum- Self Employment Centers (UTSECs) in such concentrated areas suiting to the identified availability economic skills and trades of such class on the assumption  that each person/class of persons are born with certain kinds of skills and trades, capacities and capabilities which can be encouraged,  exploited and economically harnessed  for their self earning with respect and dignity..

e.    Beggars in the major cities are visible at market centers, red light stoppages, temples etc reflecting upon the country as the blur of its development.. They also have zeal and skills as well as salesmanship as very much visible at the red lights stoppages and market places where they flock with several kinds artistic items, paintings, sculptures etc. hidden within them but uncared whereby they lead a life of beggars. This class of people  which include children, adults and elderly both men and women should also be given due opportunity for developing skills and trades through above types of  Centers in their concentrated areas based on the suggested survey and studies.

f.     The passersby howsoever big or small in their cars see such scenes presented by the beggars at the red light stops,, temples and market places and scold them and look at them with contempt. Swami Vivekananda has said that “GIVERS SHOULD NEVER JUDGE THE RECEIVERS BUT ONLY  GIVE”. This is not to suggest promoting begging. Give is not limited to giving alms to the beggars but it goes beyond that. That is, do we have to call them beggars and make them remain beggar forever. Then why should we talk of so called welfare and wellbeing of the people”

g.    It is here that every well-to-do citizen’s and State special attention is solicited.  Past sixty six years (almost sixty seven years) of our Independence, we have been watching consciously and silently the kinds of crimes and anti-social activities and the beggars standing with a bowl in their hands and are we to continue to do the same without seeing an end.. If this continues to happen, people and the State have no right to make louder voice and hue and cry for the increasing anti-social activities, crimes and begging. THOSE TO WHOM GOD HAS GIVEN OPPORTUNITIES TO HAVE ALSO SHOULD GIVE TO OTHERS WHO DON’T HAVE THOSE OPPORTUNITIES AS THE CHILDREN OF THE SAME GOD.SUPPLEMENTING STATE INITIATIVES TO MAKE THE SOCIETY LIVE WITH PEACE OF MIND..

h.    Mere arresting, punishing and putting such people in jail do not lend to any solution but, on the other hand it makes them more hardening and criminally solidifying. Also, charming them by freely distributing in kind or cash including food and cereals acts as a momentary pleasure for them but not as a permanent solution for lifelong sustenance economically and socially.

i.      In both above cases, the Central and State Social Welfare Department and Education Department  should take lead to establish such centers in the identified areas in the cities to make them economically capable of creating products and services according to their own skills and trades which offers them potential scope for self earning and for living with dignity. Through their specialization and expertise they gain by training and employment in the centers, which will be the stepping stone for them, they will look forward for further betterment of their earning capacity for decent living by working outside the centers making space for others awaiting outside.

j.      The Urban Development Cooperative Societies  and the Social Welfare Funds should take lead in funding such Centers both in terms of capital expenditure for the establishment of the UTSECs and for working capital requirements till such time the Centers are become capable of making up the working capital. rather than using these funds for free distribution in kinds and cash which serve them till they exhaust. Suitable mechanism for marketing of the products and services also  needs to be chalked out and implemented..

k.    Such benevolent and beneficent approach on the part of the Central and  State Governments would facilitate diversion of their minds to positive attitudes and behavior and will act to a great extent in preventing them from further harming themselves and the society at large.

l.      IDLISM gives birth to  DEVLISH activities while IDEAS give birth to SOCIO-ECONOMIC OPPORTUNITIES AND ACTIVITIES OF SELF EARNING AND CREATION OF WEALTH FOR THE NATION..

11.0       FOOD PRODUCTION AND WASTAGE
                    (i)        India is a dominant agricultural country and food production has been increasing year by year as per official statements. Barring few rural rich people holding large scale agricultural control, ordinary agriculturist continues to reel under the yoke of poverty, bankruptcy and suicides.

                   (ii)        It is not known whether the Central or State Governments have gone into the root cause of such sad situations which is imperative to cure the ills of the poverty in the villages. Various Committees had been set up in the past and continue to be set up on ways and means for increasing further the agricultural production but there does not seem any report that would have gone into causes of the villages tragedies.

                  (iii)         Time has come to soothe the snarling faces of the people by acting sternly and firmly against artificial shortages and scarcity being created through hoarding taking advantage of changing technologies for their misuse rather than for betterment of the people.

                 (iv)        Import of commodities or vegetables or fruits is understandably unavoidable when there is fall in production due to natural calamities including drought but not where the production of such items has been increasing and not available for distribution at a reasonable price.

                  (v)        This shows the obvious inability of the authorities concerned to deal mercilessly with the people who are responsible for the creation of such situations.  

                 (vi)        Import of food items or vegetables such as onions having sufficient production within the country amounts to bowing down to the dictating attitudes of the unscrupulous people in the market not concerned with their responsibility and obligations to the society and in disregard of governing laws and rules.

                (vii)        Overall, the problem the country is facing is not shortage of food, vegetables and fruits but utter failure of their control and management in procurement and distribution. Following suggestions are for kind consideration:

a.    Undertake an extensive and intensive investigation into the existing mechanism of handling, procurement and distribution as well as wastage. Such an investigation should go into deepest possible root cause to find the exact malady in the whole process which, when completed, will be an eye opener.

b.    Taking the findings of the investigation into consideration, revamp and recast the existing mechanism including, if necessary, shaking up the very foundation of the system that is facilitating shortage and wastage. Silos and storage places seem to have little regard for better management resulting regularly into substantial wastage which is evident from the fact at one time, the Supreme Court had to tell the Government to distribute wheat and rice free to the poor people rather than wasting.

c.    Modernization and mechanization of the entire system of warehousing and storage is the need of the hour to feed the starving  mouths of the poor people. Time has not come as yet to compare the quality and standard of products produced by us with those produced in the developed countries because we are ingrained with low quality of our mind, character and culture. Till these upgrade to a global level, the quality and standards of our products continue to remain to be much desired. It must be appreciated that it is the quality of mind  and character that make best products.

d.    LET US NOT WASTE FOOD PRODUCED WITH SWEAT, PERSEVERENCE AND DEBT SHOULD BE THE CALL THAT SHOULD REACH EVERY CORNER OF THE COUNTRY.

12.0        REFORMS, REGULATORY REGIMES, COSTS AND EFFICIENCY

                    (i)        The Preamble and provisions of Reforms Acts lay great emphasize that besides compensating the service provider to the level of current costs of service, ensuring efficiency in operation, administration and management.

                   (ii)        Take any Sector where reforms have been introduced and regulatory mechanisms have been established, only the costs overweigh the efficiency in determination of tariff or cost of service plus return margin.

                  (iii)        Tariff orders deal  extensively the expenditure claimed by the service providers with truing up process but such expenditure is not screened through the eyes of efficiency mainly giving considerations to  increase in costs every year linked to so called inflationary conditions and of perquisites and benefits to employees and managerial positions. Control of leakages, thefts and pilferages are part of the administrative and legal measures but are being treated as commercial losses merging with technical  losses  differently in  different Sectors.

                 (iv)        Take for example the Power Sector. Till 1996 or so, the energy losses designated were only Technical Energy Losses occurring mainly on account of deterioration of the distribution system over the years. The bench mark fixed by the competent authority was ranging between 18% to 21%.

                  (v)        With the reforms setting in and private sector participation showing interests in the power sector, the authorities in the governments agreed to the terms set out by the prospective participators to treat the commercial losses also as part of the losses to be called them as ‘Aggregate Technical and Commercial Losses (ATC)’.

                 (vi)        Around that time the losses thus assessed were in the range of 45% to 55% on an average in the country as against 18%-21% as per the bench mark adopted prior thereto.

                (vii)        Efficiency in collection of revenue from the defaulters, pilferage, theft of electricity through administrative and legal measures took a back seat in the process, the service provider having been assured of recovering of such losses through the tariff itself with total disregard to the ethics of technical losses and commercial losses. This is despite the fact that the high level committees of experts  set up by the Central Government in this regard from time to time and the National Electricity Policy (NEP) having firmly held the view for separation of commercial losses from technical losses and restoring the losses to the technical losses as actually assessed.

               (viii)        Let us see ATC effect by way of an example – Assuming X generated 100 units and the cost claimed in respect thereof is Rs.300. Taking the technical loss only even at the maximum of 21%, the cost of generation works out to : Rs.300/(100-21)=79 units  =  Rs. 3.80/unit or kWh whereas if the same is worked out assuming maximum 55% ATC, the cost of generation would work out to Rs. 300/(100-55) = 45 units = Rs. 6.66/unit or kWh. Excess cost of recovery according ATC ,method would work out to Rs 2.86/unit or kWh. Adding 15% return on equity, tariff @ 21% loss factor would work out to Rs. 3.80 + 0.57 = Rs. 4.37/unit or kWh and tariff @ 55% loss factor would work out Rs. 6.66 + 0.99 = Rs. 7.65/unit or kWh, the difference between the two being Rs.3.28/unit or kWh representing recoverable amount on account of commercial losses.

                 (ix)        Barring few African countries which have followed the Indian example, in  other countries of the World, the energy loss recognized as only the technical loss varies in the range of 4% to 10% which is taken into consideration and accounted for determination of User charges.

                  (x)        Energy and Revenue are different in their connotations and recognized independent of each other in assessment and accounting system. The provisions of erstwhile The Electricity (Supply) Act, 1948 nor of its successor Act, The Electricity Act, 2003 contain any provision to treat energy loss and revenue loss as one for the purpose of determination of tariff. On the contrary, the Electricity Accounting System introduced sometime in 1985 and notified by the Central Government as well as the mandatory information required to be given in the Annual Reports of the Power Utilities as prescribed by the Central Electricity Authority which continues to be in vogue does not provide for any such assumption or adoption.

                 (xi)        The difference between the input energy and output energy in physical and revenue terms is considered as the ATC loss which would included the actual energy sold and revenue realized as well as the energy pilfered through theft or misuse not accounted for in revenue terms as illegal energy loss but as a legitimatized loss through the tariff.  The revenue loss resulting from the illegal use of the energy by unscrupulous people and reluctance on the part of the Utilities to act firmly and sternly through administrative and legal measures available to them under above law and rules made there under cannot be equated equal to energy loss in physical terms so as to permit it to be accounted for reduction from the total energy generated. Doing so would amount to punishing the honest and regular payers of the User charges and protecting the dishonest and non-payers of the User charges.

                (xii)        Electricity charges are determined on the above basis and every time there is an ‘EVER INCREASE BUT NEVER DECREASE OF CHARGES.” Public protests are but natural in such circumstances of the functioning of the Electricity Tariff System with multiplying effects on goods, services and other usable items produced by the application of electricity, the electricity being lifeline of every economic activity. of the process, making condition of the people more and more miserable. Efficiency factor is primarily applied to operational norms coupled with ATC losses and secondary treatment for the efficiency in the overall administration and management measures which the utility is reluctant even to listen as evident from the success so far of the initiation of the CAG Audit of the books of accounts of the utilities. This is the case of one Sector.

               (xiii)        It must be noted that the arrangement adopted and being followed accepting ATC as a legitimate measure for reduction in the total net energy generated to divide the expenditure to arrive at the cost of generation lacks sanction of relevant law and thus, this cannot be legitimatized by executive or regulatory process.

               (xiv)        Similar is the situation in airport charges, airfares, telecommunication, railways etc.  All these are essential services for one’s living but their charges jumping sky high under various guises rendering their use beyond the capacity of an ordinary citizen. Airfares are time based and auction based which at times, touches for a travel to a particular sector in peak time to Rs. 20,000-25,000, an unimaginable figure in the ordinary sense. Whereas electronic items, refrigerators, televisions, cars are available with downward rates which have, more or less become essential for lifestyles whereas the essential services as specified by the authorities and understood are becoming luxuries for the ordinary living person.

                (xv)        Reforms were introduced from time to time beginning in 1991 with the ardent hope that private sector participation would encourage competition in the market and the people would be able to have numerous choices for purchase of goods etc.  at an affordable price. That was only a myth as the reality is otherwise and agonizing.

               (xvi)        Cost and Efficiency are the twins in operational, administration and management systems which means an equilibrium has to be maintained between the two in producing goods or rendering services.  Goods produced and sold or services rendered mainly on  expenditure  basis places undue burden upon the consumers which leads unrest and protests. Efficiency also needs to accorded equal importance as assigned to the expenditure.

              (xvii)        For above stated reasons, time has now come to make it mandatory the efficiency measurement in terms of certain percentage which must be prescribed  and complied with by the Utilities in all the Sectors including, in particular in the Power Sector and the expenditure claimed for increasing the User charges should be the “TOTAL AGGREGATED EXPENDITURE MINUS SAVINGS EQUIVALENT TO PERCENTAGE EFFICIENCY AMOUNT OF THE TOTAL EXPENDITURE” so that there is an equally imposed obligation to effect savings through efficiency based on the prescribed percentage just as it is imposed obligation on the part of the consumers to pay User charges to meet the expenditure. Efficiency percentage factor should be not less than 25% of the total aggregated annual revenue requirement  for any given year equivalent of which must be generated by the utilities through means of internal efficiency measures similar to energy conservation expected from the consumers. The admissible expenditure to be considered for the purpose of determination of the User Charges, subject to further scrutiny and truing up should be limited to 75% of the annual aggregate revenue requirement, the balance 25% should be garnered internal efficiency and control measures.

13.0   RESTRUCTURING AND REJUNEVATION OF POWER SECTOR
                (i)    Before the reforms initiatives were put in the process, the electricity generation, transmission and distribution was managed and controlled by one entity by name State Electricity Boards (SEBs) established under the then The Electricity (Supply) Act, 1948 and the Electricity Rules, 1956. Their achievements during the period they existed and operated were noteworthy in that they laid a very firm and strong foundation of electricity infrastructure through the plan funds mechanism and that foundation of system they laid is still holding the ground from various kinds of shocks the country started facing and continues to face even after two decades of induction of the reforms.

               (ii)    SEBs laid a solid growth trajectory in the power sector from the time they were established under the active association and assistance of the Central Government/Statement Government and the Central Electricity Authority (CEA) also established under the above Act. There was one central control point to regulate the generation, transmission and distribution of electricity which is the essence for managing smooth functioning of the electricity sector. They produced high specialists and experts for development  of the sector. The army of core engineering manpower, finance manpower, commercial manpower, human resource management had an impeccable record for more than forty years. It was this manpower that stood the test of times and smilingly accepted the challenges faced by the country in those days,.

              (iii)    SEBs maintained a good financial health earning a return of minimum 3% or more as prescribed under the said Act until late eighties. The targets and achievements were matching in the ratio of 100:90/80. All this was possible because of two factors – one a spirited workforce, unified financial management and management control and the second, independency from political interferences and a strong public faith. Their worthy performance remains but their names have been erased from the national scene. What led their systematic collapse and rise of severest criticism? To the best of knowledge, this question is answered as below:

a.    From 1985 onwards, political interference intensely inflicted organizational, financial and commercial injuries which turned out to be incurable and recognized to be so both in public and private platforms.

b.    Politicians of the time flooded the people into the SEBs at various levels without seeing their skills, capabilities and deliverability to the needs of the nation, total disregard of the manpower budget and the SEBs had no option but to faithfully obey the orders, most of which oral.

c.    Free supply of ;power was announced as a welfare measure, incentive for increasing agriculture productivity and for bettering the social life holding assurance to the SEBs that they would be fully compensated for the loss of revenue on account of the free supply of power. There was competition among the States to provide free supply of power which they did and continue to do.

d.    The compensation held out by the States was mostly in the form of adjustments against interest and loans outstanding against the SEBs which were unable to discharge their obligations obviously for reasons of their compliance of the requirements of free supply of power without cash compensations equivalent to the revenue which they would have earned had they sold the energy commercially, except in one or two States.

e.    Free supply of power was more misused rather than better used by select landlords and powerful persons depriving the benefit to that class of people to whom it was intended. There were instances that these big people used high power pump sets for irrigation availing the free supply of power and sold the water at cost to the poorer agriculturists and less fortune people.

f.     Economics tells us that a product or service like  power is produced at a unit cost  by having incurred prior expenditure and it is necessary for the producer to earn that cost plus minimum margin. If such service is made a free supply without being compensated by the authorities at whose instance such free supply was undertaken, even the bluest financial health of a utility is bound to become red.

g.    To this added the agony of pilferage and theft of electricity at distribution level openly and brazenly in the rural and urban areas and initiatives and action moved by the utilities met with strong resistance from one corner or the other, threats and taking law into their hands by such people. This reached an irreversible level and posed a big threat to the very survival of the utilities. The revenue  or commercial  loss thus being incurred by the utilities started shooting up sharply and invited intense criticism day in and day out holding the SEBs solely responsible for this state of affairs. This is something like tying both hands of a person and asking him work hard and efficiently to produce best possible results.

h.    This was how the SEBs made and became RED in their financial health and earning capacity. The need for reforms of the sector gave birth from here.

             (iv)    For the past a decade or so, the power supply situation has been worsening day by day with the shut down periods ranging from two hours to eight to ten hours being the order of the day. Economic development took a biggest hit because of slow or no industrial, commercial, services and agriculture sectors growth due to heavy load shedding in place of an assured and regular supply being the lifeline for  the economic development even after reforms measures having been put in place. The situation is no different even today. The economic growth is adversely affecting and people are becoming restless with even electricity riots occurring at several places creating  law and order problems

              (v)    The small, medium and major industries, the services sector and the commercial activities are unable to run to their full capacity  and continue to bear the increasing interest and capital costs. There are no signs of improvements in the foreseeable future because the performance having taken a secondary place over the speeches, promises and assurances. Hence, the need for an urgent call for review, reconsideration and restoration of the system back on the tract only when the nation can look up economically and socially.

             (vi)    Reform of the power sector gone awry and directionless and loud sounds are emanating from policy corners and big industrialists for re-reforming the Sector. Even after two decades, if we continue to work on experiments without any positive outcome, it is better not to make by the authorities in positions high growth expectations with no tangible results  and later start floating blame games which are highly harmful for the national growth.The impact so far of reforms:

a.    Enormous time, efforts and costs in evolving and finalization of the reforms planning and implementation under the financial assistance extended by the multilateral and bilateral financial agencies. Entire Electricity Sector structure built and then standing  had to be dismantled, the dismantling expenditure overweighing the benefits with additional liability on the utilities for discharge of debt and interest obligations after the agreed moratorium.

b.    The underlying essence of the reforms was to move towards gradual privatization of all the three segments with fervent hopes that the private sector would be eager to participate in the process. The private sector did participate in generation, transmission and distributions segments with the sole voice that the User charges are much less than the costs of service and should be increased annually  through the regulatory process in disregard of the public interest and capacity to pay. The private utilities have been achieving their ambitions annually with new innovations like Aggregate Technical Losses (ATC) adjustable to the tariff without any noticeable improvements and efficiency in operations and services.

c.    As noted in a preceding paragraph, the private sector is more concerned with commercial earnings than technical and operational efficiency to cushion the costs of services and balance the tariff. It is too much to expect the private sector in infrastructure development as a developmental-cum-commercial activity and not as a pure commercial oriented activity.

d.    Almost all the private sector utilities whether in generation, transmission and distribution drew their manpower strength including executives and chief executives from the public sector utilities including the SEBs and public sector undertakings through head hunting and offering more attractive pay and perquisites who continue to run the private sector utilities. It so happened in SEBs as SEBs were being looked at as sinking ship with no scope for sailing back to the shore.

e.    Establishment of Generation (GENCO), Transmission (TRANSCO) and Distribution (DISCOMs) corporate entities and the Distribution companies being further divided based on region/zone basis continue to add more costs to the service to the Users because of increasing overheads, want of efficient management, growing weak financial management  with no result oriented control of technical and commercial losses.

f.     Each establishment is required to submit its tariff petition to the regulator individually for determination of tariff involving substantial expenditure, time and efforts including public hearings, regulatory proceedings and regulatory orders.

g.    The reform measures were considered to create more efficiency, cost reduction, reasonable User charges and assured supply. It has not been happening from the time reforms were set in and, on the other hand, the User charges have shot up manifold unaffordable by an ordinary citizen. This has also multiplying effects on other essential goods and services for the society in general and ordinary person in particular.

h.    Intent of establishment of regulatory region was well thought with the hope that the exercise of regulatory control and supervision would lead to efficient working of the utilities, better services and lower User charges. This also has not been happening for reason of the sole consideration in determination of tariff being costs shown by the utilities rather than a combination of costs and efficiency formula not limited to only operational norms but to all the related aspects of the functioning of the utilities.

i.      On the whole, the reform process affected faster economic growth because of the crisis in industrial production, commercial production and providing of services for want of quality and regular supply of electricity.. Ordinary consumer is suffering the worst because of rising prices for want of adequate production and services, higher and higher User charges of all the services including electricity, gas, water etc., rising medical treatment and hospital charges and in every other sphere of economic activity which the ordinary citizen is availing.

            (vii)    Electricity as is well established is an inter-dependent system rather than an independent system  and works through an integrated operational system in terms of Generation, Transmission and Distribution. Two decades back reforms of the Power Sector were undertaken and implemented by almost all the States by now. Each State took on an average minimum about 4-5 years to reset their organizations and establishments on the envisaged reform planks The reforms aimed at injecting efficiency through decentralization process, control expenditure and rural and urban distribution energy losses to bring them to an acceptable norm or level.

           (viii)     A realistic and honest assessment of the reform results of the public and private sector power utilities performance could reveal an alarming situations and developments that have taken place and are yet to come that will help the policy makers to understand the ground realities and the enormous additional costs necessary to bail out the sector.

             (ix)    Measures suggested for restructuring and rejuvenate :

a.    State should take over the generation, transmission and distribution according freedom and independency of the utilities.

b.    Establish State Holding Companies in each State with 51% Government Holding, 26% financial institutions, insurance companies, banks and the balance 23% being offered to the public over a period of time.

c.    51% of the holding by the by the State in the Holding Company should come from the Central Plan Assistance and the Holding Companies should invest 51%  in its subsidiaries discussed below from out of the available funds according to the norms approved by its Board of Directors.

d.    The Board of Directors of the Holding Company will comprise one  State Government representative  three  directors consisting of one expert each in  Environmental Management,  Energy Conservation Management,  IIMs/IITs one of whom should be a woman director appointed by the Board of Directors, a representative of each subsidiary company nominated by its Board of Directors  five functional directors including CEO, Director (Generation), Director (Transmission & Distribution), Director (Resource & Financial Management), Director (Human Resource Management) and Director (Commercial &  Cost Control) with lean organizational framework and advanced operational and communication systems.

e.    Holding company should hold controlling interest/management control of not less than 51% in Generation Company, Transmission Company and the Distribution Companies, each of which to be the subsidiaries of the Holding Company. Of the balance 49%, 26%  to be held  by the State Bodies, Corporations and Institutions and remaining 23% being offered to the public over a period of time.

f.     Generation Company should have a Joint CEO, Director (Hydro), Director (Thermal), Director (Renewable Energy Sources), Director (Finance), Director (Commercial  & Cost Control), Director (Human Resources), a representative of the Holding Company,  two independent directors  appointed by the Board Directors of which one will be Environment Management Expert and the other will be Fuel Management Expert with lean organizational set up with advanced technology, operational and communication system.

g.    The Transmission Company should have a Joint CEO, Director (Transmission), Director (Finance), Director (Human Resource) and Director (Commercial & Cost Control) , a representative of Holding Company, and two independent directors, one Transmission Technology and one Transmission Management.

h.    Each Distribution Company should have a Joint CEO, Director (Distribution), Director (Finance), Director (Human Resource), Director
(Commercial  and Cost Control), Director (Load Development & Consumer Care) and two independent directors, one Distribution IT expert and the other Distribution Technology expert.

i.      The above pattern of holding controlling interest/management control will infuse confidence and better management, accountability and result oriented performance. The presence of the public investment in companies will facilitate transparent working, good environment and working culture.

j.      This will enable establishing a unified and centrally controlled management to effectively monitor the performance, efficiency, minimizing expenditure, introduction  of uniform policy guidelines and measures,

k.    This will integrate all the three systems under one umbrella management and ensure better coordination, control and supply of electricity services for speedier economic growth of the country.

14.0       FISCAL DEFICIT RATE, GROWTH RATE, INFLATION RATE AND INTEREST RATE, POVERTY LINE DILEMMA

              (i)      These are talked about at various forums. Growing speculation in various forums on conjectural consideration is scaring the public in general and surmising the policy makers in Government and the Central Bank. Just on the eve of every Monetary Policy Press Conference of the Central Bank numerous speculative talks about the inflation rate and the interest rates appear in print and electronic media, without little patience to wait for the announcement.

             (ii)      One after the other Experts Committees have been coming out with a new definition or formula on National Poverty Line and Growth Rate which by implication suggests that our country to remain only labeled with  poverty line and growth rate rather making concrete measures to eliminate altogether the words “Poverty Line” and minimize if not silence the speculative talk on Growth Rate. Speculation is  like  a human skeleton creating psychological effects on the people on fiscal deficit rate, growth rate, inflation rate and interest rate.

            (iii)      Having attained Sixty Six Years of our independence, to continue to be  concerned with fiscal deficit, growth, inflation, interest and poverty  talks more about negative  rather than positive mind.

           (iv)      A layman’s approach:

a.    Give highest impetus to the infrastructure growth, particularly, power sector growth which offers vast employment opportunities to the people not only within that sector but in all the adjunct and adjoining agricultural, industrial – small, medium, major, commercial and services activities which help enlarge productivity to push up the growth and create national wealth.

b.    Size up subsidization to the barest minimum based on the realistic assessment of most deserving catalyst categories and class of people.

c.    Evolve and lay down policies and simplified procedures aiming at attracting large scale investments in agriculture, industry, real estate, services sectors including foreign investment with technological collaboration.

d.    Seek peoples’ participation and contribution through large scale savings with fair return through interest and tax concessions by way of small saving schemes, public provident funds, by floating new financial instruments for securing funds in open market and from unaccounted money sources for the national development.

e.    Ban all kinds of political donations from any source and constitute a National Election Fund into which all kinds of political donations should be deposited and administered for election purposes with objectives of sanitization of election system, disciplining the political parties and creating good democratic values and virtues  and strong peoples’ faith in the governance.

f.     Introduce two percent National Development Cess (NDC) on Corporate sector earning net profit of rupees five crores and above, citizens whose annual income is rupees one crore and above and the agriculturists whose annual income is rupees fifty lakhs and above. In all these case, the cess at the above percent should be on net profit/annual income actually earned and not on floor rate basis. This could be applicable at least for ten years, to begin with, from the date specified in the Notification/Orders.

15.0   NATIONAL HEALTH AND HOSPITALS

a.    Healthiness of the PEOPLE of a Nation is known not by establishing hospitals year after year but by providing a living and hygienic environment to PEOPLE utilizing the same financial and manpower resources for continuous development of infrastructure and congenial living facilities, research and investigation of areas  prone to open up diseases, to find genesis of the diseases and report to the authorities concerned need for initiating and implementing immediate preventive measures to check the growth of the disease at its root level.

b.    This will help protect the PEOPLE from the risks of diseases and minimizing the public expenditure on establishment  and maintenance of  huge hospitals   making the lives of the PEOPLE more and more miserable due to lack better governance in the public hospitals and exploitation in the private hospitals. This will also help prevent commercial exploitation of the PEOPLE by the mushrooming private medical establishments in the country.

c.    Good sign of PEOPLES health is when the hospitals start waiting for the PEOPLE to come rather than the PEOPLE  waiting in queues in hospitals spending huge amounts not being sure of the complete treatment and recovery from the disease.

d.    Spend as much investment as necessary for preventive measures through creating healthy and hygienic living environment for the PEOPLE with greater and greater emphasis on finding and fixing the  genesis of the diseases through research and development using latest available technological tools and facilities. This is the most effective way of controlling the growth of diseases.

e.    Make the authorities initiating and implementing health improvement measures solely responsible and accountable and stringent action for any negligence or failure to discharge their duties and obligations.

f.     Take these measures and make the PEOPLE HEALTHY AND HAPPY.

16.0   NATIONAL JUDICIAL SYSTEM

a.    Good and efficient judicial system of a nation is one that first subjects each and every case to rigorous legal scrutiny based on the guidelines laid down or specified by the Higher Courts of the country at the admissibility stage itself to find genuineness or otherwise of the case based on the material on record and, if admitted, whether the case is capable to stand up to  further legal procedures as per applicable laws and rules that justify imposition of punishment or penalty sought in the charge sheet  and, if the Court is satisfied existence of such material on record, to speed up delivery of justice.

b.    This system has inbuilt check and control to restrict the cases on merits and minimize number of pending cases at all levels.

c.    The need and desirability of establishing a high level Judicial Committee or Committees for review of the pending cases on merits, genuineness and suitability to proceed for trial and punishment according to the applicable laws and rules and to make recommendations to the Chief Justice of the High Court.

d.    The recommendations of the Committee or Committees may be considered by a Bench headed by the Chief Justice with such number of Judges as the Chief Justice considers necessary and deal the recommendations through public hearings and, based on that, pass such orders or give such directions as the High Court deems fit and appropriate so that speedy justice can be delivered and the pendency of the cases can be minimized.

17.0   NATIONAL EDUCATIONAL SYSTEM
a.    Education must be such that imbibes values, virtues and culture of the country.
b.    Education must create a sense of oneness, national discipline and national pride.
c.    Education must impart mutual understanding, mutual appreciation, mutual respectability, tolerance and humanness.
d.    Education should not be a mere learning process rather the process should also lay greater importance and emphasis on building up the child completely in all its essence that makes the child to grow with self confidence, self respect, self searching and self building up in itself values, virtues and culture and total discipline.
e.    Multiplicity of procedures and text books adopted and being followed by different schools in the same State need to be reviewed and removed and uniformity needs to be introduced so that the children  learn and speak of one educational system instead of differing educational systems which will only perplex the children and their parents.
f.     Education must be true cost based and not commercial based. Lack of this approach is leading to exploitation of the aspirations of the children and their parents making it in many cases beyond one’s reach and unaffordable.
g.    The admission process and securing admission for a child in the school has become a nightmare for the parents.
h.    Every child is born to learn and live with dignity of life. Every parent of a child bounden by their duties want the child to learn and live with dignity of life.
i.      This is birth right of every child and moral right of every parent to make the child  educationally grow.
j.      In all future residential development schemes, the State should make it mandatory for every Resident Welfare Association (RWA) registered under the Societies Registration Act, 1860/ Cooperative Housing Societies Act for  establishment of a senior secondary school on the land to be made available by the State within the vicinity of the Residential Colony free of cost or at a nominal amount as part of the welfare measure.
k.    Entire cost of the development of the school including construction cost and modern infrastructural facilities cost should be initially borne by the State.
l.      The State should handover the management and running of the school to the Society as soon as it is established through appropriate agreement on lease basis.
m.   The Rules for the management and running of the school should be formulated by the State.
n.    The Society should, in consultation with Educational Authorities, lay down admission criteria and procedure including the fee structure which should be reasonable and affordable.
o.    A small component of fee structure should include the development cost of the school incurred by the State and the amount collected on that account should be remitted to the designated authority of the State in such account and in such manner as specified in the said agreement.
p.    The above component in the fee structure may be classified as school development cost payable over a period of time as provided in the said agreement.
q.    After the development cost is fully paid to the State, an amount equal to that component will continue to be collected as part of the fee structure for future capital maintenance, renovation and up-gradation of the school.
r.     The school shall be managed and run by the Society strictly in accordance with the applicable rules, guidelines, orders as notified by the Educational Authority to all similar schools.
s.     The Educational Authority shall have supervisory and controlling powers over the Management of the Society to ensure proper management and running of the school.
t.      Schools should be exempt from all Taxes including Property Tax if the benefit accruing to the school there from is passed on to the students through fee structure.

18.0   NATIONAL PROTECTION AND SAFETY FOR WOMEN
a.    Self restraint in public and social life by women and men is the first call of the hour.
b.    Establish Local Women Welfare and  Safety Council by the State by Official Order.  The Order  should provide for:

*      Composition of Council:
Ø  Chairperson                Municipal Councilor
Ø  Vice Chairperson        DCP of the Area

*      Members:
Ø  Area ACP
Ø  President/General Secretary of RWAs,
Ø  Principal/Vice Principal of Local Schools/Colleges
Ø  President/Vice President of Local Market Association,
Ø  President/Vice President  Area/Zone Bus Operators Association
Ø  Special Representative: Women Inspector/Sub-Inspector In charge of Task Force (TF)

*      Functions of the Council:

Ø  Meet once in every month.
Ø  Emergency Meetings in case of any emergency
Ø  Meet in the Office of the Municipal Councilor/DCP
Ø  Formulate suitable preventive and protective measures including for creating awareness and protection and safety measures for women in the area..
Ø  Organizing periodically programs on prevention of crimes against women and providing protection to them for the benefit of the residents of the area.
Ø  Identification of Areas prone for crimes against women.
Ø  Surprise Visits to specially identified areas to get first hand feedback.
Ø  Periodical meeting Area MLA/MP and State/National Level Women Welfare Organizations on issues coming in their functional jurisdictions.
Ø  Introduction in consultation with the Education Department and the Local Schools Authorities  prevention  of crimes against women and their protection as part of the curriculum in Local Schools from Eighth Standard onwards and in Colleges which will help spread spirit and message as to role and responsibilities of school and college students.

*      Implementation of Decisions and Reporting

Ø  Task Force (TF) comprising:
Women Inspector/Sub-Inspector
Two Constables
RWA Representative by rotation
Local School/Colleges Representative by rotation

*      Task Force Functions:
Ø  Implementation of the decisions of the Council
*      Submission of a report in every Meeting:
Ø  Status of occurrence and recurrence of incidents
Ø  Analysis of causes and reasons
Ø  Need, if any, for strengthening the existing measures or introduction of new/additional measures.
Ø  Patrolling  through Special Police Vans with Mobile Service
Ø  Women Complaint/Suggestion Boxes in the identified Local Area with clear warning person(s) misusing the facility will be liable for fine as may be specified.
.          
19.0       ONE’S EXPECTATIONS:

*      SAY WE HAVE DONE RATHER THAN SAYING WE WILL DO – NO ONE KNOWS WHEN WE WILL DO?

*      TAKE AN ACTION TO ITS LOGICAL END RATHER THAN TO ILLOGICAL CONCLUSION?

*      IDEAS SOLVE PROBLEMS WHILE QUESTIONS MULTIPLY THE PROBLEMS.

*      WELCOME IDEAS FROM EVERY CITIZEN OF THE COUNTRY. MAY BE AN  IDEA MAY TURN THE COUNTRY INTO A GOLDEN COUNTRY.

*      LIE NOT TO ONE’S OWN CONSCIENCE – THAT CONSCIENCE IS NONE OTHER THAN HE WHO RESIDES WITHIN ONESELF.

*      PEOPLE  KNOW HOW TO FOOL THE POLITICIANS WHO FOOL THEM.

*      WORK DONE ALONE SPEAKS ABOUT ONE’S PERFORMANCE.AND NOT ONE HUNDRED OR TWO HUNDRED DAYS ACTION PLANS

*      MINIMUM TALK MAXIMUM WORK

*      MOVE NATION WITH FASTER GROWTH LEST OTHERS WILL MOVE AHEAD.

JAI HIND













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