Post terror situation kept the world thinking on taking pak to task, waging war.
This is general perception across the nation. Even many of the intelligents also think that india has lost a golden opportunity to attack on pak after terrorist attack on mumbai.
From human sentiment point of view, or from the perspective of comman national it seems quite right thinking.
But if thought from democratic governance point of view, From hindu cultural point of view, from internationl leadership point of view as india is imerging worold leader whether it is SAARK , Non alligned summit or world trade agreement & the last but not the least from priniciple of natural justice point of view in legal context the immediate action of attacking on pak may prove atleast unwise,non diplomatic step & hasty one.
Ofcourse we may attack on terrorist camps situates on either part as law & order maintaining measure once we garner sufficent international support. According to me rather than our attack if we bring such situation that our counterpart who have also sufferd equaly if attacking with our support that may be most ideal step. The manner inwhich our external affairs ministry is dealing currently can certainly be described as right path but thing we have to keep in mind is without recourse to any political party in power it should be on comman agenda of all party to maintain continuity & consistency of gradual steps & proving at international arena that even after due & reasonable opprtunities counterpart fails to do affirmatively we must target them especially non civillian area only. Prior to that all busineess, economical, sports & cultural relations should be discontinue. This should be ideal stretegy to domionate not only on our neighbour but also on international platform too, cherishing the great ideals of all religions & gandhian philosophy too.
Wednesday, December 31, 2008
Sunday, August 10, 2008
Decentralisation - panacea to effective administration - for surat municipal corporation
Decentralisation is one of the key factor of successful administration. Even across the globe we have witnessed this. Like USA population less than six times of Gujarat, states 50 , Australia population 40% less than the Gujarat , six states, Gujarat 25 districts & 226 talukas. ours is a federal state. Looking all these Don't You think that in past two years where ever panchayat, nagar panchayat areas have been merged in to palikas, municipal corporation , further decentralisation of municipal administration in sub division level or zone level should be. Ahmedabad, Baroda, Surat have already witness the success story of these kind of decentralisation in the past in post merged ares. Even though after newly merged area there does not seems any movement of this kind of decentralisation of municipal administration. Obviously this step creates own-ness amongst people, fixes responsibilities of administrators, brings transparency, & accountability. While if it is not ao power remains centralised like feudal system or fiefdom, result, red tapism, Babushahi. Naturally existing coterie of bureaucracy will never prefer to loose power at local administration. It is human tendency too that none likes power sharing. Will State administration look in to this seriously & direct the municipal administration to act in this regard?
Also the manner in which more & more expectations of people are being increased for civic services Dont You think that now municipal admionstration too have more senior posts including couple od additional, Joint municipal commissioners too.
Also the manner in which more & more expectations of people are being increased for civic services Dont You think that now municipal admionstration too have more senior posts including couple od additional, Joint municipal commissioners too.
Sunday, August 3, 2008
Fighting terrorism in true spirit - essential requirments
Sir,Every time we face any terrorism we are talking of fighting it. Lots of debate & discussions will be there for couple of days, political mudslinging, allegation & counter allegation, blame game & episode will be forgotten. Indeed if we wants to check, control & wipe out terrorism & crimes the lone thing we have to do is to give free hand to our law & order maintaining agencies/ authorities including police & security forces. Let them develop their own network, information & intelligence links, Let them utilise in a best manner to safeguard national & public interest. For this political will becomes inevitable. Rather than that until now all these agencies seemed utilized for vested political interest to settle political scores whether at state Or central. Even the persons at the helm of authority or agency are also dumped accordingly rather than their merit. Under the circumstances if we are expecting effective public & national security & safety that may be day dream until the system is not improved & right person with adequate autonomy & authority with free hand, without any external meddling are placed on right jobs.
Managing temples & pilgrimage effectively from security pioint of view to prevent stampede & othe rcalamity
At every temple & pilgrimage overcrowding, long ques are common. Major reason seems to keep the temples close for couple of hours. or for to shut it periodically for one or other reason. resultant pilgrims & people visited there have to stand in Que for number of hours especially in festival season more.
The reason given by temple authority or temple trust many of which being managed by government board are for bathing, breakfast or lunch or rest of the god. In spiritual terms if ponder, The almighty who is managing entire universe need not to take rest & if so how the universe may run? The reasons given or raised are merely looks silly & ridiculous. The prime motive behind keeping temples closed for different interval is nothing but to glorify the magnanimity of the pilgrimage at the cost of precious human lives & at the risk of our cultural heritage along with ancient monument. But why government & temple authorities are ignoring security factor? The more crowd , more will be the chances of stampede Or calamity whether man made or natural. Thus if temples are kept open for continuous 12 to 15 hours no any kind of overcrowding will be noticed & Chances of any calamity can be rule out. should Government not consider this seriously when terrorist attacks are also looms large?
The reason given by temple authority or temple trust many of which being managed by government board are for bathing, breakfast or lunch or rest of the god. In spiritual terms if ponder, The almighty who is managing entire universe need not to take rest & if so how the universe may run? The reasons given or raised are merely looks silly & ridiculous. The prime motive behind keeping temples closed for different interval is nothing but to glorify the magnanimity of the pilgrimage at the cost of precious human lives & at the risk of our cultural heritage along with ancient monument. But why government & temple authorities are ignoring security factor? The more crowd , more will be the chances of stampede Or calamity whether man made or natural. Thus if temples are kept open for continuous 12 to 15 hours no any kind of overcrowding will be noticed & Chances of any calamity can be rule out. should Government not consider this seriously when terrorist attacks are also looms large?
Saturday, July 12, 2008
Nucluer deal muddle A practical solution
Lot of controversy is being witnessed on this issue across the nation.
Of course due to coalition government the genuine requirement is being digressed by political will & vested interest opportunist. Ultimately nation as a whole is being deprived of true requirement to stride towards developed nation.
Under the circumstances rather than resorting seeking vote or playing foul game to topple government by certain machiavellian political group let us have a referendum or plebiscite, which is international accepted formula.
In democracy people are supreme thus by referendum or plebiscite let the people decides their good.
The best practical solution in this regard may be to seek referendum or plebiscite.
Of course due to coalition government the genuine requirement is being digressed by political will & vested interest opportunist. Ultimately nation as a whole is being deprived of true requirement to stride towards developed nation.
Under the circumstances rather than resorting seeking vote or playing foul game to topple government by certain machiavellian political group let us have a referendum or plebiscite, which is international accepted formula.
In democracy people are supreme thus by referendum or plebiscite let the people decides their good.
The best practical solution in this regard may be to seek referendum or plebiscite.
Thursday, June 12, 2008
Right to information Act 2005 realistic democratic weapon- Certain suggestions to amend the act
Right to information Act 2005 -Certain suggestions to amend the act under section 25 (g) of the act.
1 In the preamble Rather than " to provide for furnishing certain information
to citizens"
Be amended as "people"
As the word citizen restrict rest of the people who are not citizens from
Seeking information. Also this will be in consonance with the provision
under section- 6
2 Section 5(2) Provided that where an application for information or appeal is given to central Asst. PIO or State Asst. PIO -
the word Central PIO or State PIO other than designated PIO for particular
information should be inserted before central or state APIO.
When 5 days grace period is permissible in case of application made to
APIO why not in case application made to other PIO.
3 Section 6 (1) - after "A person who desires to obtain information" words
including an appeal should be inserted.
4 Section 6 (4) may be inserted as " if applicant is seeking information of more than one public Authority, on transfer under section 6(3) shall pay prescribed application fee within 7 days to such Public Authority within 7 days of intimation of transfer. Failing which it will be treated as withdrawn.
As every application should be with fee . An appeal made under this act is also separate application there for it should not be free. while applicant may seek info under one P.A. of as many PIO but not in one application of many public authority. This will also simplify the disposal procedure within time limit. Applicants bonafide can also be ensured.
5 Under section 8 (j) After “ Information which relates to personal information”
Following provision may be inserted. “ Except statutory information or
details furnished by any person or body to the public Authority to fulfill
legal obligations”
As any information provided to fulfill legal obligation to the P.A. Can not be
categorized normally as personal info. Thus to avoid inevitable disputes of
appeal or cases of denial & ultimately to maintain the spirit & provisions of
the act.
6 In section 11(4) following may be inserted after the words “under section 19
against the decision.”
And in such event PIO will not disclose such information for the period of
appeal i.e. for 30 days from the date of intimation notice of overruling
objection raised by third party to him/her to facilitate the third party to prefer an
appeal. Appellate Authority may grant interim stay or reject the appeal in such
case.
As there is no provision to protect the interest of third party in the event of not
acceptance of objection by PIO. IF THIS PROVISION IS NOT INSERTED
THERE IS NO USE OF APPEAL BY THIRD PARTY ONCE INFO IS
DISCLOSED BEFORE THE DISPOSAL OF HIS/HER APPEAL.
7 In section 19(1) after “Prefer an appeal “ following should be inserted.
“Accompanying such fee as may be prescribed.”
To ensure bonafide appeal this becomes necessary.
8 In section 20 This may be inserted as 20(3)
Any public authority who has violated the any provision of section 4, 5, 25 or
26 And also any first appellate authority who has violated the provision of
section 19(6) or without applying principles of natural justice or good faith
disposed off the appeal or upheld the decision of PIO to deny the information
or refusal of application in any way without proper justification provided
under the act may be penalize as per the provision stipulated in section 20 by
the central or state information commission by following the procedure laid
down under section 20.
As penultimate provision for Public Authority under section 19
& for PIO & deemed PIO under section 20 have been made for the reasons
mentioned there in but not for the rest. While there is no such
provision for First appellate Authority under the act. To ensure spirit &
provision of the act & scrupulous implementation of the act the officer senior
in rank of PIO should also be held responsible. .
1 In the preamble Rather than " to provide for furnishing certain information
to citizens"
Be amended as "people"
As the word citizen restrict rest of the people who are not citizens from
Seeking information. Also this will be in consonance with the provision
under section- 6
2 Section 5(2) Provided that where an application for information or appeal is given to central Asst. PIO or State Asst. PIO -
the word Central PIO or State PIO other than designated PIO for particular
information should be inserted before central or state APIO.
When 5 days grace period is permissible in case of application made to
APIO why not in case application made to other PIO.
3 Section 6 (1) - after "A person who desires to obtain information" words
including an appeal should be inserted.
4 Section 6 (4) may be inserted as " if applicant is seeking information of more than one public Authority, on transfer under section 6(3) shall pay prescribed application fee within 7 days to such Public Authority within 7 days of intimation of transfer. Failing which it will be treated as withdrawn.
As every application should be with fee . An appeal made under this act is also separate application there for it should not be free. while applicant may seek info under one P.A. of as many PIO but not in one application of many public authority. This will also simplify the disposal procedure within time limit. Applicants bonafide can also be ensured.
5 Under section 8 (j) After “ Information which relates to personal information”
Following provision may be inserted. “ Except statutory information or
details furnished by any person or body to the public Authority to fulfill
legal obligations”
As any information provided to fulfill legal obligation to the P.A. Can not be
categorized normally as personal info. Thus to avoid inevitable disputes of
appeal or cases of denial & ultimately to maintain the spirit & provisions of
the act.
6 In section 11(4) following may be inserted after the words “under section 19
against the decision.”
And in such event PIO will not disclose such information for the period of
appeal i.e. for 30 days from the date of intimation notice of overruling
objection raised by third party to him/her to facilitate the third party to prefer an
appeal. Appellate Authority may grant interim stay or reject the appeal in such
case.
As there is no provision to protect the interest of third party in the event of not
acceptance of objection by PIO. IF THIS PROVISION IS NOT INSERTED
THERE IS NO USE OF APPEAL BY THIRD PARTY ONCE INFO IS
DISCLOSED BEFORE THE DISPOSAL OF HIS/HER APPEAL.
7 In section 19(1) after “Prefer an appeal “ following should be inserted.
“Accompanying such fee as may be prescribed.”
To ensure bonafide appeal this becomes necessary.
8 In section 20 This may be inserted as 20(3)
Any public authority who has violated the any provision of section 4, 5, 25 or
26 And also any first appellate authority who has violated the provision of
section 19(6) or without applying principles of natural justice or good faith
disposed off the appeal or upheld the decision of PIO to deny the information
or refusal of application in any way without proper justification provided
under the act may be penalize as per the provision stipulated in section 20 by
the central or state information commission by following the procedure laid
down under section 20.
As penultimate provision for Public Authority under section 19
& for PIO & deemed PIO under section 20 have been made for the reasons
mentioned there in but not for the rest. While there is no such
provision for First appellate Authority under the act. To ensure spirit &
provision of the act & scrupulous implementation of the act the officer senior
in rank of PIO should also be held responsible. .
Economy & enviornmental measures to counter spiraling fuel prices along with green house gas emission
Economy & enviornmental measures to counter spiraling fuel prices along with green house gas emission
Manner in which fuel prices are spiraling affecting directly to national economy too as part of government machinery we may adopt following measures to mitigate the global impact of inflationary trend along with restricting global warming.
1 In all government sectors days week office hours may be implemented increasing daily office hours proportionally to compensate the loss of two working day in a month.
2 This will result in saving of precious foreign exchange in terms of fuel saving up to that extent.
3 Pollution will also be controlled accordingly as well as valuable energy too.
4 Office timings during summer may be set as per sunrise & sun set to save energy.
5 Where ever the office timings are in two shifts working hours may be adjusted in single shift as per convenience & requirements to save wastage of fuel, time, & human energy. This will result in improving environment reducing traffic problem also. If need be to provide lunch coupon may be economical compared to spending for fuel & emitting pollution.
6 One of the priority to address this issue is to reduce pompous & hypocrisy for inaugural functions in government & alike sectors . No convoy, however large inauguration may be no VIP but it should be make open or dedicated to people by & from amongst the one of the beneficiaries. As majority of government fuel is being spent towards this kind of populist, publicity gimmick.
Of course if administration / rulers wish to earn the credit for the same or en cash the work done during their tenure once in a year such public function may be arranged highlighting the achievements of the year.
7 Rather than government vehicles all the officers who are eligible for office
8 car should be asked to travel through their own vehicles driving self. Thus miss- use of fuel & government vehicles may be checked significantly. Of course their convenience allowance along with traveling fuel allowance may be increased proportionally on par with use & cost on the basis of log book maintained.
9 For rest of the government employees in lieu of paying transportation allowance mass transport facility should be arranged. So that significant fuel economy may be achieved. Late office attendance & early leaving may be checked & controlled automatically.
10 Field duty staff using BICYCLES at local LEVEL MAY BE ENCOURAGED IN TERMS OF MONETARY AS WELL AS OTHER INCENTIVES.
Manner in which fuel prices are spiraling affecting directly to national economy too as part of government machinery we may adopt following measures to mitigate the global impact of inflationary trend along with restricting global warming.
1 In all government sectors days week office hours may be implemented increasing daily office hours proportionally to compensate the loss of two working day in a month.
2 This will result in saving of precious foreign exchange in terms of fuel saving up to that extent.
3 Pollution will also be controlled accordingly as well as valuable energy too.
4 Office timings during summer may be set as per sunrise & sun set to save energy.
5 Where ever the office timings are in two shifts working hours may be adjusted in single shift as per convenience & requirements to save wastage of fuel, time, & human energy. This will result in improving environment reducing traffic problem also. If need be to provide lunch coupon may be economical compared to spending for fuel & emitting pollution.
6 One of the priority to address this issue is to reduce pompous & hypocrisy for inaugural functions in government & alike sectors . No convoy, however large inauguration may be no VIP but it should be make open or dedicated to people by & from amongst the one of the beneficiaries. As majority of government fuel is being spent towards this kind of populist, publicity gimmick.
Of course if administration / rulers wish to earn the credit for the same or en cash the work done during their tenure once in a year such public function may be arranged highlighting the achievements of the year.
7 Rather than government vehicles all the officers who are eligible for office
8 car should be asked to travel through their own vehicles driving self. Thus miss- use of fuel & government vehicles may be checked significantly. Of course their convenience allowance along with traveling fuel allowance may be increased proportionally on par with use & cost on the basis of log book maintained.
9 For rest of the government employees in lieu of paying transportation allowance mass transport facility should be arranged. So that significant fuel economy may be achieved. Late office attendance & early leaving may be checked & controlled automatically.
10 Field duty staff using BICYCLES at local LEVEL MAY BE ENCOURAGED IN TERMS OF MONETARY AS WELL AS OTHER INCENTIVES.
Thursday, March 20, 2008
Rationalization in staff & Human Resource Management-Employee Consultation
Rationalization in staff & Human Resource Management
...........................................................................................
Employee Consultation
.......................................
suggested policy for employee consultation
Surat municipal corporation is the local self government having 87 departments & 33 health centers aggregating 120 in total as per last establishment schedule.
Like any organization smc has also pyramid type of hierarchy synchronized with horizontal structure. linier hierarchy ranges from 6 to 9 in numbers from lowest rank up to CEO depending on departmental establishment. e.g. in administrative from peon to commissioner – 9, In health from sweeper to commissioner -9, In engineering from beldar to commissioner- 8 etc.
As per existing practice CEO is reviewing weekly/ periodical meetings up to forth level to take stock of assigned goal or evaluate work performance.
As per existing confidential report policy review is limited to direct 3 level for class 3 & upper categories.
Thus employee consultation of grass-root level to 4th level is rare or limited. that is also restricted to the disposal of work or job performance.
Why employee consultation is become necessary.
1/ Percolation of vision, policy, act, rules, regulations, targets,& mission. Simultaneously to communicate system, work methodology, citizen charter, standard of norms & procedure with updated developments.
2/ To take feedback from all levels regarding adopted strategy to achieve targets, problems faced by employees in job performance like lack of guidance, powers, authority, supporting papers/material, interdepartmental co-ordination, lack of conducive work environment, in fractures, shortage of man, machinery, equipments,& to contemplate relevancy of existing work of employee with his/ her skill, interest, work experience, also to contemplate external obstacles/ stress factors if involved.
3/ To evaluate training needs & analyze scopes of research & development.
4/ Last but not the least- apply healing & feeling touch with human resources concept to inquire & review service matter pending issues of employees.
Employee consultation may be adopted in following manner.
1/- To begin with grass-root level - Section/ Branch Up to lowest rank
2/ Departmental head up to section heads
3/ Divisional head consisting of inter departments up to departmental heads
4/ CEO consisting of divional heads
Proceeding of the meeting to be written & maintain properly. Also to be submitted to their departmental head within a week.
In this meeting they will also focus on the proceedings received from H.O.D. level as stated in proceedings.
Proceedings of the same will be written & circulated accordingly. Any issues even though of thrice discussion not sorted out may be referred to C.E.O. along with proceedings of the meeting.
By adopting this system the voice of lowest rank employee may be reflected at various level , timely/early redressal / compliance may be ensured.
Last but very innovative concept to consult employee from optimum transparency point of view may be adopted is reverse evaluation system i.e. subordinate may analyze the performance of his/her superior annually in terms of guidance/motivation/training while work/decision making/ attitude & most important one whether the actions of superior are synchronized with his/her ideology & thoughts on honesty, integrity & loyalty.
Some suggestions for taxation rules of surat municipal corporation
Taxation rules amendment suggestions.
Content in public Notice Suggestions
1/ No. 1 This rules shall be called henceforth Entire rules under
Taxation amended rules 2008
chapter -8 are altered or
couple of? to be clarified.
if some, than title needs
to be "Taxation rules
amendment" with foot
note :rest of the
provisions remains
unchanged.
2/ Carpet area, location / value / age factor, In any act or rules
building, etc which are not defined definitions of newly
specifically. To avoid any ambiguity incorporated words
or complication & bring transparency. becomes inevitable.
3\ Under section 129,131, of the BPMC act It becomes essential
& under Rules 07, 09,& 15 rate able to clarify the relevancy
value word is existing. of the same even after
amendment if kept
continue, or if not what
will replace it &
rationale/
calculation of education
tax, conservancy tax,
water tax etc which are
calculated on the basis of
rate able value now.
4/ Under location, age, value or multiply formula of the rate or
factor rates are given but how derived not. rationale to decide rate
should be given for better
under standing &self
assessment to the
taxpayer.
5/ Under occupancy factor only two categories In reality apart from two
are given. without tenancy
agreement i.e. in relation
etc occupancy is found
which if not clarified
problem in assessment
may arise. Else
discretion of assessing
authority will be there
which is not in
consonance with
accountability &
transparency point of
view.
b/ Also the rate for
multiply has been kept
same for owner &
tenant which is
discriminatory with
non resident category.
This will result in
direct revenue loss.
5/ carpet area to elaborate. It has been noticed
that majority of
complaints,
manipulation &
irregularities are found
in deciding area. e.g.
passage, balcony,
margin or open space,
waranda etc to include
in total carpet area.
This will also
minimize any
discretion on the part
of employee making
system simplified rater
than cumbersome.
6/ Final tax amount how to decide. It is proposed that
corporation shall
decide minimum
amount of tax. But
how, with what
rationale & logic as
well as proposed
amount is not
specified.
Transparency point of
view it is required.
7/ Extension to be treated as separate building. within same -
&extension to be treated for entire year.
building, separate
status is not logical.
Also title/ occupancy
deciding factors are
considered this may
me complicated &
may raise legal
dispute. Rather it may
be " Newly
constructed part of
building for
increased tax
purpose". That also
from the date of
completion of
construction or
getting BUC . In the
failure of producing
it for entire year
should be.
8/ Other than resident property's tax Kind of structure
factor is completely
ignored. This seems
discriminatory
compared to
resident. Should be
inserted for balance
of convenience.
9/ Other than resident property's tax No any list can be
kind of use to make more clear. exhaustive. Thus for
commercial criteria
may be taken like
activity covered
under VAT/
professional tax in
state or central or
Service tax under
excise registration
whether liable to
pay those tax or
not. while for
industrial factory
act 0or industry
define under I.D
act or other labor
act to remove any
ambiguity.
Rate for government. This is highest
slab. if not
recovered
regularly that will
turned in to
notional tax to be
receivable , May
not reflect true
financial position
& liquidity.
Panjarapole If other than
Govt. than what?
If considered
structure of
panjarapole &
charity use rate is
much higher.
Reclassification
of category will
be more
plausible.
Microvave tower Hoardings, All
Advertisements
may be placed in
this category.
Educational, social, health Old age home,
orphanage,
blood bank or
charity aided/
Govt. assisted
controlled,
NGO run health/
social/community
devlopment
projects without
profit motive may
be added.
Religious/ charitable To be more
specific If any
commercial
activity is going
on that area
should fall in
commercial
category.
consideration of common facility Common plots of
society, passages,
staircases,
escalators etc in
society or
complexes how
to be treated.
proportionate to
all or else to be
clarified.
Power of classification of area Deciding factors
on the basis of market value.
needs to be
elaborated. Thus
rationale to
decide. Else that
will result in
discretionary
which may result
in manipulative,
non transparent
system.
Age of building to decide. Rather that
suitable to clarify
the base. like
BUC./PLAN /
Water drainage
connection/
electricity bill etc.
Location factor under the land cable If land belongs to
SMC or
Government than
how? Lease rate
may be referred.
like wise wall
painted also.
Rule 9 (10) refund for vacancy. For the vacancy
of more than 60
days .75% refund
is not logical.
rather it should be
proportionate.
Content in public Notice Suggestions
1/ No. 1 This rules shall be called henceforth Entire rules under
Taxation amended rules 2008
chapter -8 are altered or
couple of? to be clarified.
if some, than title needs
to be "Taxation rules
amendment" with foot
note :rest of the
provisions remains
unchanged.
2/ Carpet area, location / value / age factor, In any act or rules
building, etc which are not defined definitions of newly
specifically. To avoid any ambiguity incorporated words
or complication & bring transparency. becomes inevitable.
3\ Under section 129,131, of the BPMC act It becomes essential
& under Rules 07, 09,& 15 rate able to clarify the relevancy
value word is existing. of the same even after
amendment if kept
continue, or if not what
will replace it &
rationale/
calculation of education
tax, conservancy tax,
water tax etc which are
calculated on the basis of
rate able value now.
4/ Under location, age, value or multiply formula of the rate or
factor rates are given but how derived not. rationale to decide rate
should be given for better
under standing &self
assessment to the
taxpayer.
5/ Under occupancy factor only two categories In reality apart from two
are given. without tenancy
agreement i.e. in relation
etc occupancy is found
which if not clarified
problem in assessment
may arise. Else
discretion of assessing
authority will be there
which is not in
consonance with
accountability &
transparency point of
view.
b/ Also the rate for
multiply has been kept
same for owner &
tenant which is
discriminatory with
non resident category.
This will result in
direct revenue loss.
5/ carpet area to elaborate. It has been noticed
that majority of
complaints,
manipulation &
irregularities are found
in deciding area. e.g.
passage, balcony,
margin or open space,
waranda etc to include
in total carpet area.
This will also
minimize any
discretion on the part
of employee making
system simplified rater
than cumbersome.
6/ Final tax amount how to decide. It is proposed that
corporation shall
decide minimum
amount of tax. But
how, with what
rationale & logic as
well as proposed
amount is not
specified.
Transparency point of
view it is required.
7/ Extension to be treated as separate building. within same -
&extension to be treated for entire year.
building, separate
status is not logical.
Also title/ occupancy
deciding factors are
considered this may
me complicated &
may raise legal
dispute. Rather it may
be " Newly
constructed part of
building for
increased tax
purpose". That also
from the date of
completion of
construction or
getting BUC . In the
failure of producing
it for entire year
should be.
8/ Other than resident property's tax Kind of structure
factor is completely
ignored. This seems
discriminatory
compared to
resident. Should be
inserted for balance
of convenience.
9/ Other than resident property's tax No any list can be
kind of use to make more clear. exhaustive. Thus for
commercial criteria
may be taken like
activity covered
under VAT/
professional tax in
state or central or
Service tax under
excise registration
whether liable to
pay those tax or
not. while for
industrial factory
act 0or industry
define under I.D
act or other labor
act to remove any
ambiguity.
Rate for government. This is highest
slab. if not
recovered
regularly that will
turned in to
notional tax to be
receivable , May
not reflect true
financial position
& liquidity.
Panjarapole If other than
Govt. than what?
If considered
structure of
panjarapole &
charity use rate is
much higher.
Reclassification
of category will
be more
plausible.
Microvave tower Hoardings, All
Advertisements
may be placed in
this category.
Educational, social, health Old age home,
orphanage,
blood bank or
charity aided/
Govt. assisted
controlled,
NGO run health/
social/community
devlopment
projects without
profit motive may
be added.
Religious/ charitable To be more
specific If any
commercial
activity is going
on that area
should fall in
commercial
category.
consideration of common facility Common plots of
society, passages,
staircases,
escalators etc in
society or
complexes how
to be treated.
proportionate to
all or else to be
clarified.
Power of classification of area Deciding factors
on the basis of market value.
needs to be
elaborated. Thus
rationale to
decide. Else that
will result in
discretionary
which may result
in manipulative,
non transparent
system.
Age of building to decide. Rather that
suitable to clarify
the base. like
BUC./PLAN /
Water drainage
connection/
electricity bill etc.
Location factor under the land cable If land belongs to
SMC or
Government than
how? Lease rate
may be referred.
like wise wall
painted also.
Rule 9 (10) refund for vacancy. For the vacancy
of more than 60
days .75% refund
is not logical.
rather it should be
proportionate.
Sunday, March 9, 2008
To prepare programme for better implementation of RTI under s. 26 of the act.
Indeed it is pleasant surprise to know the initiative under section 26 of the act to fulfill the obligation under the act as a whole in general & a & b sub clause of section 26 in particular, after almost 2.5 years.
Better late than never.
It would have been better & more result oriented if the law graduation requirement for such trainers is insisted to know, understand, discern & percolate various perspectives of the act & evaluate emerging problems crops up in implementation at all levels.
Little exercise made in this regard so far is being published on my blogs periodically.
I will be obliged if feed back is being received by me.
Two way evaluation i.e. lower to higher heirarchy also to improve governance/ administration
As observed in governance generally in pyramid type of hierarchy superior is used to look just one or two level bellow in rank & file. resiliently management is evaluating governance from the perspective of only those people only from their angel which is not reflecting true scenario.
Also what higher up is believing for his/ her immediate subordinate may not be necessarily reality. their subordinate may have dual personality & dual life i.e. to show one 7 to implement & live different. thus what is perception of lower rank & file is not known to higher ups.
Even your self might have experienced the same in many of such cases of scam. that's why revers evaluation becomes inevitable.
Also so far as becoming true KARMYOGI IS CONCERNED NO ANY Law can do better j0b than arising self conscience & character building. what governance is needed is to inherit moral, ethics, austerity & simple living . thus we should design our training programme accordingly to develop the attitude of handling every issue in governance from other's perspective. if the same come in to reality i am sure entire governance will have different, innovative look.
Also what higher up is believing for his/ her immediate subordinate may not be necessarily reality. their subordinate may have dual personality & dual life i.e. to show one 7 to implement & live different. thus what is perception of lower rank & file is not known to higher ups.
Even your self might have experienced the same in many of such cases of scam. that's why revers evaluation becomes inevitable.
Also so far as becoming true KARMYOGI IS CONCERNED NO ANY Law can do better j0b than arising self conscience & character building. what governance is needed is to inherit moral, ethics, austerity & simple living . thus we should design our training programme accordingly to develop the attitude of handling every issue in governance from other's perspective. if the same come in to reality i am sure entire governance will have different, innovative look.
Thursday, January 17, 2008
Rationalisation of Income tax section 80 c regarding Tution Fee
Existing provisions under section 80c of the income tax is as under.
(xvii) as tuition fees (excluding any payment towards any development fees or donation or payment of similar nature), whether at the time of admission or thereafter,
(a) to any university, college, school or other educational institution situated within India;
(b) for the purpose of full-time education of any of the persons specified in sub-section (4);
(13) Tuition fees, whether at the time of admission or thereafter, paid to any university, college, school or other educational institution situated in India, for the purpose of full-time education of any two children of the employee.
Full-time education includes any educational course offered by any university, college, school or other educational institution to a student who is enrolled full-time for the said course. It is also clarified that full-time education includes play-school activities, pre-nursery and nursery classes.
It is clarified that the amount allowable as tuition fees shall include any payment of fee to any university, college, school or other educational institution in India except the amount representing payment in the nature of development fees or donation or capitation fees or payment of similar nature.
If referred the oxford meaning of education & institution is as narrated.
education n. 1 systematic instruction. 2 particular kind of or stage in education (a classical education; further education). 3 development of character or mental powers. educational adj. educationally adv.
institution n. 1 organization or society founded for a particular purpose. 2 established law, practice, or custom. 3 colloq. (of a person etc.) familiar object. 4 instituting or being instituted.
To rationalization of tax structure to issue clarificatory orders regarding section 80c Tuition fee deduction
if interpreted in broad sense private coaching/ or tuition classes which becomes essential part of secondary & higher education who are giving tutorials on par with school syllabus to enhance , review & practice education are also educational institutions. These classes are service tax payers under central excise authority, & also income tax payer accordingly.
Though due to ambiguity or lack of clear clarifications in this regard fees paid to these classes is not treated as admissible deduction by drawing & disbursing authority. Resultantly huge amount paid remains ineligible on the part of salary class.
If thought rationally every where these classes are mushroomed in the country & rather than saying craze of students now a days in competitive era it becomes alternative to better education the manner in which day by day school/ college education is deteriorating.
& when these classes collection of fees is becomes accounted money that is absolutely in national economic interest too. as nation is going to generate more income through service tax & income tax.
salary class is such category whose entire amount is taxable & when day by day education is becoming costlier they have no alternative but to claim this amount as tax deduction.
On one side we are insisting for transparency & honesty on the part of servicing community especially in government sector while on other side by this kind of rigid, illogical & irrational interpretation refusing actual expenditure incurred by them genuinely for betterment of children, Thus we are creating the situation of dishonesty & manipulation by compulsion. Thus propensity to resort corrupt way, hide actual expenditure & also known sources of income.
Looking to the factors narrated above & also to avoid any malpractices on the part of taxation department & tax practitioner may I request your good self to direct taxation authority to issue clarificatory order in this regard & allow the fees even paid to coaching & private but service tax registered tuition classes to treat as educational institute & to consider the fees paid to them as eligible & admissible for deduction under section 80c of the income tax.
Your prompt decision in this regard will certainly serve as catalyst towards not only rationalization of tax structure but also transparency & maintaining honesty & loyalty to the government.
(xvii) as tuition fees (excluding any payment towards any development fees or donation or payment of similar nature), whether at the time of admission or thereafter,
(a) to any university, college, school or other educational institution situated within India;
(b) for the purpose of full-time education of any of the persons specified in sub-section (4);
(13) Tuition fees, whether at the time of admission or thereafter, paid to any university, college, school or other educational institution situated in India, for the purpose of full-time education of any two children of the employee.
Full-time education includes any educational course offered by any university, college, school or other educational institution to a student who is enrolled full-time for the said course. It is also clarified that full-time education includes play-school activities, pre-nursery and nursery classes.
It is clarified that the amount allowable as tuition fees shall include any payment of fee to any university, college, school or other educational institution in India except the amount representing payment in the nature of development fees or donation or capitation fees or payment of similar nature.
If referred the oxford meaning of education & institution is as narrated.
education n. 1 systematic instruction. 2 particular kind of or stage in education (a classical education; further education). 3 development of character or mental powers. educational adj. educationally adv.
institution n. 1 organization or society founded for a particular purpose. 2 established law, practice, or custom. 3 colloq. (of a person etc.) familiar object. 4 instituting or being instituted.
To rationalization of tax structure to issue clarificatory orders regarding section 80c Tuition fee deduction
if interpreted in broad sense private coaching/ or tuition classes which becomes essential part of secondary & higher education who are giving tutorials on par with school syllabus to enhance , review & practice education are also educational institutions. These classes are service tax payers under central excise authority, & also income tax payer accordingly.
Though due to ambiguity or lack of clear clarifications in this regard fees paid to these classes is not treated as admissible deduction by drawing & disbursing authority. Resultantly huge amount paid remains ineligible on the part of salary class.
If thought rationally every where these classes are mushroomed in the country & rather than saying craze of students now a days in competitive era it becomes alternative to better education the manner in which day by day school/ college education is deteriorating.
& when these classes collection of fees is becomes accounted money that is absolutely in national economic interest too. as nation is going to generate more income through service tax & income tax.
salary class is such category whose entire amount is taxable & when day by day education is becoming costlier they have no alternative but to claim this amount as tax deduction.
On one side we are insisting for transparency & honesty on the part of servicing community especially in government sector while on other side by this kind of rigid, illogical & irrational interpretation refusing actual expenditure incurred by them genuinely for betterment of children, Thus we are creating the situation of dishonesty & manipulation by compulsion. Thus propensity to resort corrupt way, hide actual expenditure & also known sources of income.
Looking to the factors narrated above & also to avoid any malpractices on the part of taxation department & tax practitioner may I request your good self to direct taxation authority to issue clarificatory order in this regard & allow the fees even paid to coaching & private but service tax registered tuition classes to treat as educational institute & to consider the fees paid to them as eligible & admissible for deduction under section 80c of the income tax.
Your prompt decision in this regard will certainly serve as catalyst towards not only rationalization of tax structure but also transparency & maintaining honesty & loyalty to the government.
Measures towards more effective election duty by government machinery
1/Even preamble of the constitution of India is clear enough to maintain dignity of every individual though some of the officers & supervisory staff were given the orders as peon in election duty. some were courageous enough to send back for modification rest even with humiliation perform the duty in fear of prosecution. .
2/In many of the election duty areas bare minimum facility to stay & food remain day dream for the staff on duty.
3/Arrangement at receiving station was never up to mark at many centers especially in remote areas, staff found in lurch to deposit the material at late night hours.
4/ Lack of proper training found almost all time, election staff were not in a position to contact each other well in advance to manage their booth duty successfully. Regarding payment of compensation also it has been noticed that uniformity is not maintained.
5/ It has been found that many senior officers in pay scale or hierarchy were posted as presiding officers while juniors in rank & file were found as either zonal officers or as micro observers. this is certainly compunct such dignified officers.
considering the observations i would like to suggest few alternatives.
1/ Many of the returning officers or Asst.R.O. were found fresher for election duty. perhaps first timer while many officers posted as presiding or zonal officers had sizable election duty experience- to address this issues well experience senior officers from other department of government apart from revenue may be utilize in a better manner as R.O Or Asst. R.O.this will create good feeling amongst other officers with dignified duty & job satisfaction. also it will help to mange their departmental staff on election duty with more ease , facility & comfort in better governance.
2/ To avoid humiliating treatment & bellow dignity work software may be develop accordingly giving logic of pay scale & designation to give election duty orders. & To confirm the same in consonance same may be check & verified by one of the administrative officer from large department who may be requisitioned for election duty well in advance.
3/ If From any large organization or public office one administrative officer is deputed & given the responsibility he can better manage not only all hierarchy but also entrusted for transportation, compensation & related issues including training too.
4/ We have very good network of organizational hierarchy at village level in the form of Talati/ or village secretary to whom if effectively utilized during election duty for better facility & comfort i don't think at booth level election staff might have any problem of staying food including in performance of statutory duty by presiding officers. of course he should never be given any active roll in booth duty. But unfortunately these potential never either thought or if so not scrupulously implemented.
5/ Many of the micro observers posted either were fresher or not able to grasp entire booth level duty entirely which may kill the very purpose of system. To cop up with it well experience managerial/ administrative officers having handful experience of election duty only may be prefer ed. This will give certainly more output.
6/ Every time election authority is facing gigantic task of requisitioning of vehicles for election duty, to overcome same for the job of zonal officer or micro observers whom posting is given may be asked to come with the detail of their own four wheeler vehicle details. Now a days car is not luxury so most of those will do the duty in their own vehicle of course with prescribe mileage rate. This will serve dual purpose solve the demand of vehicles, & second but not the least alleged manipulation in the payment of rented vehicles may be checked automatically.
7/Randomisation of staff & last moment order of spot duty is OK. but attest at the time of second meeting team should be formed to acquaint with each other & manage duty well in advance.
8/ One of the issue observed was no any vehicle was allowed within 200 meters while some sick or old age voters were facing difficulty in facing to reach from there to booth for this humanitarian aspect may be consider.
2/In many of the election duty areas bare minimum facility to stay & food remain day dream for the staff on duty.
3/Arrangement at receiving station was never up to mark at many centers especially in remote areas, staff found in lurch to deposit the material at late night hours.
4/ Lack of proper training found almost all time, election staff were not in a position to contact each other well in advance to manage their booth duty successfully. Regarding payment of compensation also it has been noticed that uniformity is not maintained.
5/ It has been found that many senior officers in pay scale or hierarchy were posted as presiding officers while juniors in rank & file were found as either zonal officers or as micro observers. this is certainly compunct such dignified officers.
considering the observations i would like to suggest few alternatives.
1/ Many of the returning officers or Asst.R.O. were found fresher for election duty. perhaps first timer while many officers posted as presiding or zonal officers had sizable election duty experience- to address this issues well experience senior officers from other department of government apart from revenue may be utilize in a better manner as R.O Or Asst. R.O.this will create good feeling amongst other officers with dignified duty & job satisfaction. also it will help to mange their departmental staff on election duty with more ease , facility & comfort in better governance.
2/ To avoid humiliating treatment & bellow dignity work software may be develop accordingly giving logic of pay scale & designation to give election duty orders. & To confirm the same in consonance same may be check & verified by one of the administrative officer from large department who may be requisitioned for election duty well in advance.
3/ If From any large organization or public office one administrative officer is deputed & given the responsibility he can better manage not only all hierarchy but also entrusted for transportation, compensation & related issues including training too.
4/ We have very good network of organizational hierarchy at village level in the form of Talati/ or village secretary to whom if effectively utilized during election duty for better facility & comfort i don't think at booth level election staff might have any problem of staying food including in performance of statutory duty by presiding officers. of course he should never be given any active roll in booth duty. But unfortunately these potential never either thought or if so not scrupulously implemented.
5/ Many of the micro observers posted either were fresher or not able to grasp entire booth level duty entirely which may kill the very purpose of system. To cop up with it well experience managerial/ administrative officers having handful experience of election duty only may be prefer ed. This will give certainly more output.
6/ Every time election authority is facing gigantic task of requisitioning of vehicles for election duty, to overcome same for the job of zonal officer or micro observers whom posting is given may be asked to come with the detail of their own four wheeler vehicle details. Now a days car is not luxury so most of those will do the duty in their own vehicle of course with prescribe mileage rate. This will serve dual purpose solve the demand of vehicles, & second but not the least alleged manipulation in the payment of rented vehicles may be checked automatically.
7/Randomisation of staff & last moment order of spot duty is OK. but attest at the time of second meeting team should be formed to acquaint with each other & manage duty well in advance.
8/ One of the issue observed was no any vehicle was allowed within 200 meters while some sick or old age voters were facing difficulty in facing to reach from there to booth for this humanitarian aspect may be consider.
Administrative reforms & good governance
I would like to suggest some measure towards administrative reforms to have good governance.
As you are aware one of the major issues nation is facing now a days is good governance.
Policies, spirit & provisions are up to mark but problem lies in implementation of the same in true letter & spirit & unfortunately that is not being done. Reasons best known to us are inefficiency amongst existing government machinery, rampant corruption, lack of proper training guidance & motivation. result foregone conclusion poor performance, lost credibility in governance. the prime reasons are:
1/ Selection of wrong person on right job- thanks to prevailing political situation, meddling in recruitment to promotion to nomination on key posts coupled with lack of honesty & integrity on the part of selectors. Only option to improve it full E governance, Electron- computer generated recruitment system & with least weight age to viva all personal interviews should be in public. Never in cameras with video recording Thus complete transparency.
2/ Performance appraisal has become sheer formality no impartial & neutral evaluation is being reported. Our system of performance upper to lower rank is it self needs to be transformed. Thus subordinate should have right to evaluate his/ heir's superior to reflect true picture.
2/ It is not so that honest, integrated persons are not there in government but their voice are suppressed by vested interest factors/ superiors to come out of the same up to certain level of hierarchy above class 2 regular feed back should be availed periodically at least once annually & same should be reviewed by eminent persons from the field not directly or indirectly related with department or organization.
3/ as every body is well aware one of the factor lead the staff to corruption is low salary, wrong income tax policy, if assessed past or existing policy force the salary class to invest almost 50% of gross salary to avoid income tax & considering present level of living standard it is never possible to cop up with rest half salary to maintain house with increased all expenditure right from nursery , medical treatment to bare minimum life facility. Even if compared with professional or business community this seems discriminatory as they can claim every expenditure of fuel , electricity , taxes etc while salary class never. Thus IT policy should be reviewed accordingly, salary should be revised of course on performance base.
4/ Again the performance will be same babu dom to avoid any manipulation transparent system may be adopted.
5/ Compulsory by rotation to have fair chance to every body after 3 years every employee/ officer should be given the opportunity per Se interdepartmental/ inter zone. e.g. one administrative officer may be ideal in revenue or vice a verse, to prove ability unlike existing where the coterie is their since born on government roll.
6/Personnel / Human resource department which either not existing or if seemed toothless should be strengthen to take care of Human resource factors, regular training, motivation, guidance & refreshing in house courses. If any officer how so ever brilliant fails to pass qualifying training exams or refresher course may be reverted to vacate the place for new incumbent.
7/ Honesty should have of utmost importance so any body found to be wealthy than known sources of income which may be reviewed by many factors compelling every body to provide details like property & can be taken to task, no stone should be left unturned in case of suspect & accused. Even existing policy of liberal subsistence allowance in case of suspension & regularization of said after inquiry should be made more stringent. as only fear formula works.
8/ One of the welfare option to adopt community development/ equal facility by department or government to equal category like children education, transportation, accommodation, medical treatment, holiday package etc of course on proportionate sharing basis may be considered to avoid ostentation & hypocrisy.
9/ The last but not the least entire mind set of BABU DOM should be changed if not willingly than forcibly else to face eviction indeed we wants to restore the credibility in governance.
As you are aware one of the major issues nation is facing now a days is good governance.
Policies, spirit & provisions are up to mark but problem lies in implementation of the same in true letter & spirit & unfortunately that is not being done. Reasons best known to us are inefficiency amongst existing government machinery, rampant corruption, lack of proper training guidance & motivation. result foregone conclusion poor performance, lost credibility in governance. the prime reasons are:
1/ Selection of wrong person on right job- thanks to prevailing political situation, meddling in recruitment to promotion to nomination on key posts coupled with lack of honesty & integrity on the part of selectors. Only option to improve it full E governance, Electron- computer generated recruitment system & with least weight age to viva all personal interviews should be in public. Never in cameras with video recording Thus complete transparency.
2/ Performance appraisal has become sheer formality no impartial & neutral evaluation is being reported. Our system of performance upper to lower rank is it self needs to be transformed. Thus subordinate should have right to evaluate his/ heir's superior to reflect true picture.
2/ It is not so that honest, integrated persons are not there in government but their voice are suppressed by vested interest factors/ superiors to come out of the same up to certain level of hierarchy above class 2 regular feed back should be availed periodically at least once annually & same should be reviewed by eminent persons from the field not directly or indirectly related with department or organization.
3/ as every body is well aware one of the factor lead the staff to corruption is low salary, wrong income tax policy, if assessed past or existing policy force the salary class to invest almost 50% of gross salary to avoid income tax & considering present level of living standard it is never possible to cop up with rest half salary to maintain house with increased all expenditure right from nursery , medical treatment to bare minimum life facility. Even if compared with professional or business community this seems discriminatory as they can claim every expenditure of fuel , electricity , taxes etc while salary class never. Thus IT policy should be reviewed accordingly, salary should be revised of course on performance base.
4/ Again the performance will be same babu dom to avoid any manipulation transparent system may be adopted.
5/ Compulsory by rotation to have fair chance to every body after 3 years every employee/ officer should be given the opportunity per Se interdepartmental/ inter zone. e.g. one administrative officer may be ideal in revenue or vice a verse, to prove ability unlike existing where the coterie is their since born on government roll.
6/Personnel / Human resource department which either not existing or if seemed toothless should be strengthen to take care of Human resource factors, regular training, motivation, guidance & refreshing in house courses. If any officer how so ever brilliant fails to pass qualifying training exams or refresher course may be reverted to vacate the place for new incumbent.
7/ Honesty should have of utmost importance so any body found to be wealthy than known sources of income which may be reviewed by many factors compelling every body to provide details like property & can be taken to task, no stone should be left unturned in case of suspect & accused. Even existing policy of liberal subsistence allowance in case of suspension & regularization of said after inquiry should be made more stringent. as only fear formula works.
8/ One of the welfare option to adopt community development/ equal facility by department or government to equal category like children education, transportation, accommodation, medical treatment, holiday package etc of course on proportionate sharing basis may be considered to avoid ostentation & hypocrisy.
9/ The last but not the least entire mind set of BABU DOM should be changed if not willingly than forcibly else to face eviction indeed we wants to restore the credibility in governance.
Subscribe to:
Posts (Atom)
