RTI Activist

April 1, 2017
Alert Tata Power Consumers !!! Please raise objection with MERC [Mah Electricity Regulatory Comm] before 5th April 2013

Alert Tata Power Consumers !!! Please raise objection with MERC [Mah Electricity Regulatory Comm] before 5th April 2013

Please raise objection with MERC [Mah Electricity Regulatory Comm] before 5th April 2013 – Tata Power energy charges are low right from the begining, but extra charges by way of Cross Subsidy Surcharge, Regulatory Asset Recovery and Increase in Wheeling Charges supposed to be paid to Rinfra will subsequently increase the Electricity bill amount

Enclosed is the format for the mail or letter to be sent to MERC to oppose these charges.

THE CHAIRMAN,

MERC [Maharashtra Electricity Regulatory Commission],

World Trade Center, Center No.1,

13th Floor, Cuffe Parade,

Colaba, Mumbai – 400 005..

Telephone No. : 091-22-2216 3964/65/69 , Fax : 091-22-2216 3976

Email : mercindia@mercindia.org.in

Sub: R Infra MYT Tariff

Dear Sir,

I, the undersigned highly appreciate MERC for issuing historical order on 15thOctober 2009 giving consumer option of choosing supply of utility. This resulted into substantial savings by changing from R-Infra to Tata Power. I am now consumer of Tata Power since 2010 (Consumer No 2………) enjoying Tata Power tariff.

I understand that R-Infra has submitted MYT proposal to MERC wherein they have asked for increase in Cross Subsidy Surcharge, Regulatory Asset Recovery and Increase in Wheeling Charges, which is highly objectionable. In this competitive scenario, once own inefficiencies should not be passed on to the consumers. In spite of reduction in power purchase cost, RInfra is not reducing their tariff but proposing hike in the above mentioned three components.

I hereby request MERC to study this proposal thoroughly and do not allow such increase in i) Wheeling Charges, ii) Cross Subsidy Surcharge & iii) Regulatory Asset Charge. To maintain healthy competition, Changeover from one utility to another utility should be allowed without any restrictions; otherwise, allow us to be on direct wires of Tata Power.

Thanking you I remain,

Yours faithfully,

Editor

RTI Activist News


Will Mira-Bhayandar Municipal Corporation (MBMC) appoint distinguished citizens with a record of social service, members representing local NGO’s and social organizations on ward committee panels (Prabhaag Samithi) ? No !!!

Mira-Bhayandar Municipal Corporation (MBMC)

Will Mira-Bhayandar Municipal Corporation (MBMC) appoint distinguished citizens with a record of social service, members representing local NGO’s and social organizations on ward committee panels (Prabhaag Samithi) ?

The Answer is no !!! why ? Well out of all the Municipal Corporations Mira Bhayandar Municipal Corporation has been the worst performer and implementer of Government schemes and provisions, Despite recent reports that the civic administration has woken up from it’s slumber and has directed all ward committee chiefs to initiate process towards nominating active citizens on ward panels. Nothing concrete has been still done. It’s to be noted that Aimed at increasing the active participation of citizens in the transparent functioning of civic bodies, the state government authorities have made provisions to appoint distinguished citizens with a record of social service, members representing local NGO’s and social organizations on ward committee panels (Prabhaag Samithi) and under the relevant sections of the BPMC Act, it is the duty of the civic administration to ensure that real citizen activists be on board of the ward panels.

Why will it not be a fair selection even if it sees the light of the day ? Earlier Mira Bhayandar was a strong hold of the CONGRESS – NCP and most of the Ward Chiefs were those who favor their works and businesses, after the fall of the NCP CONGRESS combine in the elections and loss of the Mayor post till now held by either Congress or NCP it was believed that BJP Sena Combine might do a good job for Citizens but till now nothing concrete has been seen, BJP has triumphed and even holds the post of the Mayor, but has anything changed in terms of behavior of MBMC work culture ? No.

As of Today there is a Property tax outstanding amount of Rs.54 crores approximately due by Builders and Developers in Mira Bhayandar pending from past few years, surprisingly the list also includes “Seven eleven Construction Company” apparently a company allegedly owned by the BJP MLA Mr.Narendra Mehta. Despite of giving the list of Property tax defaulters to the MBMC Commissioner Mr.Achyut Hange no action is taken against such Builders and Developers. Its a vice-a-versa case when in it comes to common Citizens, Water connections of Societies have been disconnected by Property tax Department staff stating that Current Property Tax dues are outstanding, And when the Citizens oppose this they are threatened by the MBMC officials who visit for disconnecting the water connections. So a common Citizen has to suffer but Politicians, Builders and Developers go scot-free, the law is only for Common Citizens and not these people.

Why will MBMC not have a transparent and fair representation of distinguished citizens with a record of social service ? Well, there are lot of works which happen through the Prabhag Samitis which include raising of requests for works to be carried out in the wards after which process of tendering starts, if Citizens with a Clean record who are non corrupt will be part of these Prabhag Samitis it will be difficult for Corporator’s , MLA’s and MP’s who have their say in these works for their own benefit, as every 2nd Corporator or MLA has a conflict of interest, as they double up as Contractors aswell !!! most of them have companies doing construction or Infrastructure works so the requests for works in wards are raised by them, tenders are floated and allotted also to their companies only.If Citizens will be part of such committees these irregularities will come out in open… which will be disastrous for their business.

If you take out records of Gutter repair ,Road repair or even works of MLA or MP fund either they are themselves the contractors with tenders allotted to companies owned by either their immediate relatives or their sleuths owning them where indirectly they are the owners of such companies or if they do not win the tender these Contractors threaten the actual tender winner and become a subcontractor of them and take up these jobs, most of the times Road repair and Gutter works are repeatedly done in a shoddy manner to re do the same work within a years time thus profits shower on such Contractors even the PWD department is hand in glow with such Contractors as there is fixed percentage behind every tender which gets distributed among all concerned departments which handle the contract from tendering process to making of payments, as known by our sources the current percentage stands at 15% which goes in distribution by every contractor in MBMC, such issues will get highlighted which the MBMC officials would not like to come in open.

Thus the selection of distinguished citizens with a record of social service, members representing local NGO’s and social organizations on ward committee panels (Prabhaag Samithi) seems very difficult and even if few who are really good get selected in the nomination process they will be mere puppets who will not be allowed to participate and have a say in issues which really matter to the citizens.


Privilege motion against Shobha De ? Does’nt it violate Freedom of Speech ?

Shobha De

The constitution of India under Article 19(1A) declares that all citizens have the right to freedom of speech and expression, But Shiv Sena thinks it otherwise, if the constitution of INDIA has given every individual the right to freedom of speech , how can a Privilege motion be justified against Shobha De ? Its to be noted that De had only expressed her dissent on the diktat by the Maharashtra Government . Ms. De, reacting to Maharashtra government’s controversial move to make it mandatory for multiplexes to screen Marathi films in the prime time slot, had earlier tweeted: “I love Marathi movies. Let me decide when and where to watch them, Devendra Fadnavis.

It’s true that the Marathi film Industry has not prospered to the level of Hindi Film industry and Marathi Film industry has given best Actors in the Industry but will putting them on prime slots in Multiplexes change things, No doubt as a proud Maharashtrian even we feel that Marathi Movies are fantastic, and different from Hindi Movies and are definitely mind boggling but are all Marathi movies hit ? Movies of actors like Neelu Fule, Dr.Shree ram Lagu ,Dada Kondke have given various tastes of serious and comic movies what we still cherish, even the recent movie of Riteish Deshmukh “Lai Bhari ” was a crowd puller , why ? because people enjoyed it and mouth publicity made it a hit it moreover it was the highest grossing Marathi movie, did any diktat make it a hit ?

The delicacies of Maharashtra Dahi Misal and Vada pav are eaten and enjoyed by all and few of the Multiplexes do sell Vadas too.Does by saying that that popcorns will now be replaced by (Marathi delicacies) ‘dahi misal’ and ‘vada pav’ in multiplexes insult a community ? it was again just a outburst of emotions not directed to any community nor derogatory which deserved a Privilege motion to be moved against her !!! Maharashtra is not known because of its Delicacies but because of the Maharashtrians like Shivaji Maharaj and Dr.Babasaheb Ambedkar who are a few of the renowned figures of the Great Maharashtra History.

If section 66A of the IT Act violated freedom of speech and was thrown out by Supreme Court , Isn’t the Privilege Motion against Shobha De not the same, Does the Maharashtra CM Mr.Devendra Fadnavis approve and support this if he is impartial and a real Maharashtrian he should take in stride the Criticism as he takes pride in his praises.

October 24, 2014
BJP and INC fail to submit Lok Sabha Election Expense Details In Time To The ECI, Despite ECI Reminders

New Delhi: Bharatiya Janata Party (BJP) and Indian National Congress (INC) are the only two National Parties which have not yet submitted details of the expenditure incurred by the parties ​during the Lok Sabha 2014 elections ​to the Election Commission of India (ECI). Among the recognised regional parties, only 24 parties out of a total of 49 parties have submitted their Lok Sabha election expenditure statements at the time of this release.

 Supreme Court Judgement regarding submission of Election Expenditure Statements by Political Parties

The Supreme Court of India, in its judgement of Common Cause Vs. Union of India, dated 4th April, 1996, had stated “…the political parties shall submit to the Election Commission, for its scrutiny, the details of the expenditure incurred or authorized by the parties in connection with the election of their respective candidates.” The Supreme Court also stated that the ECI would be justified in asking political parties to file an account of their expenditure incurred or authorised by the parties in connection with the election of its candidates during the course of elections.

Time Period within which Election Expenditure details should be submitted to the ECI

Hence, the ECI stipulated a time period of 90 days within which all National and Recognised parties need to submit the expenditure the parties incurred during Lok Sabha elections. As the results of the Lok Sabha elections were declared on 16th May, 2014, the parties should have filed their expenditure statements on or before

​ 14th of August 2014.​

​​​ECI issues Notices to defaulting Parties

According to a note on the website of the ECI, as of 8th September, 2014INC, BJP and CPI were the three defaulting National Parties along with 46 regional parties which had not filed their statements of election expenditure to the Commission.

Contents of Expenditure Statement

The expenditure statement contains details of the total amount received as funds in the form of cash, cheques and demand drafts and the total amount spent under the following heads at the central, state, district and constituency levels by the party:

·               Party propaganda

  • Travel expenses
  • Publicity expenses
  • Other expenses

·               Expenses on candidates

Political parties are required to submit these statements providing information of funds collected and spent between announcement and completion of elections.

ECI: Unrecognised parties would be required to submit election expenses details

For the first time since the above quoted judgement of the Supreme Court, the ECI has asked the unrecognised parties, which contested in the Lok Sabha elections, 2014, to file their expenditure statements. Out of a total of 419 unrecognised parties which contested, 17 parties have submitted details of expenditure so far.

Recommendations of ADR

While it is crucial for political parties to submit their expenditure statements for greater financial transparency, it is equally important to file the same within the time limit set by the ECI and endorsed by the Supreme Court of India. The National and Regional Parties should, ideally, lead by example by filing complete and correct statements of expenditure to the ECI well in time for public scrutiny so as to encourage financial transparency.

September 22, 2014
Election Expenditure Of Political Parties During Maharashtra And Haryana Assembly Elections, 2009

Comparison of Election Expenditure of political parties during Maharashtra and Haryana Assembly Elections, 2009

 
Funds collected and expenditure incurred by political parties:
  • Total funds collected by the major political parties which contested in Maharashtra Assembly Elections in 2009 was Rs 81.07 crores while parties which contested in Haryana Assembly Elections collected a total of Rs 69.79 crores
  • Total expenditure incurred by the parties which contested in Maharashtra Assembly Elections was Rs 15.74 crores while parties from Haryana spent a total of Rs 15.87 crores
                                                Inline image 2
 
Expenditure in cash and cheque during Maharashtra and Haryana Assembly Elections
  • Political parties of Maharashtra spent a total of Rs 59.33 crores by cheque while the parties of Haryana spent a total of Rs 9.09 crores by cheque
  • A total of Rs 8.9 crores was spent in cash by parties of Maharashtra while Haryana parties spent Rs 6.56 crores in cash
                                                         Inline image 3
 
Election Expenditure of Major Political Parties during Maharashtra Assembly Elections, 2009
For the press release analysing the Election Expenditure of major political parties during Maharashtra Assembly Elections, 2009 in MARATHI, please refer to the link: 
 
Executive Summary:
 
Funds collected and expenditure incurred by political parties:
 

·    Total funds collected by the National Parties during the assembly elections amount to Rs 73.59 crores; total expenditure incurred: Rs 63.53 crores.

 ·    BSP declared that no funds were collected and no expenditure incurred in Maharashtra during the Assembly Elections, 2009.

 · Shiv Sena, RJD and MNS contested in the Maharashtra Assembly elections. Only Shiv Sena submitted its election expenditure statement to the Election Commission. MNS was an unrecognized party at the time of the elections, and was thus not required by the ECI to submit a statement of election expenditure.

 ·   Total funds collected by Shiv Sena for Maharashtra Assembly Elections: Rs 7.48 crores; expenditure incurred by Shiv Sena: Rs 6.26 crores.

                                            Inline image 1

 

Expenditure incurred in cash and cheque by major parties of Maharashtra during Assembly Elections:

 ·     Out of the total expenditure of Rs 69.79 crores declared by National and regional parties, expense of Rs 59.33 crores (85%) was incurred in cheques, while Rs 8.9 crores (13%) was spent in cash, and Rs 1.56 crores (2%) was remaining unpaid.

·    INC declared an expenditure of Rs 26.37 crores by cheque / DD and Rs 8.12 crores in cash, while Shiv Sena incurred expenditure of Rs 5.10 crores by cheque and Rs 0.04 crores in cash.

Inline image 4

 

Expenditure of political parties under various heads:

 ·    The main heads under which political parties declare their expenses are publicity, travel, other / miscellaneous expenses and expenditure on candidates.

 ·    Political parties of Maharashtra spent 77% of their total expenditure on publicity10% on travel expenses, 9% on candidates, and 4% on miscellaneous expenses during the Assembly Elections, 2009.

·   Political parties spent maximum amount of their expenditure on publicity. INC, BJP, NCP, CPI and SHS declared expenditure under the head of publicity, a total of Rs 61.89 crores.

 ·    INC, CPI and CPM are the only parties which declared expenditure on candidates, a total of Rs 7.3 crores

                     Inline image 5

 

Expenditure of political parties on Publicity:

 ·  There are seven main items listed under publicity expenditure which are: printed material (manifesto, pamphlets, poster, handbill etc.),electronic media (hiring time slots etc. in private channels), making and distribution of video films, audio cassettes, advertisements in newspapers/magazines/souvenirs, cut-outs, hoardings/banners/flags/arches/gates etc., and others.

 

·   Political parties of Maharashtra collectively spent Rs 40.19 crores (or 65%) on advertisement, Rs 15.53 crores (or 25%) on electronic media and Rs 4.58 crores (or 7%) on cut outs, hoardings etc. during Assembly Elections, 2009.

·   Among the expenditure incurred on publicity, INC has spent the maximum amount of Rs 14.6 crores on electronic media followed by Rs 6.44 crores on advertisement

Inline image 6

 

Election Expenditure of Major Political Parties during Haryana Assembly Elections, 2009
 
Executive Summary: Funds collected and expenditure incurred by political parties:
 
·     BJP has submitted an incomplete election expenditure statement to the ECI, which is not in accordance with the format prescribed.
·     BSP declared that no funds were collected and no expenditure was incurred in Haryana during the Assembly Elections, 2009.
 
·     Total funds collected by the National Parties during the Haryana Assembly Elections, 2009 was Rs 13.78 crores; total expenditure incurred by the national parties: Rs 12.01 crores.
 
·     RJD, INLD and HJC(BL) contested in the Haryana Assembly Elections. Of the 3 regional parties which contested, only INLD and HJC (BL) have submitted their election expenditure statements to the Election Commission.
 
·     Total funds collected by the regional parties: Rs 1.96 crores; total expenditure incurred by the regional parties: Rs 3.86 crores.
 
                                    Inline image 7
 
Expenditure incurred in cash and cheque by major parties of Haryana during Assembly Elections:
 
·   Of the total expenditure of Rs 15.87 crores, Rs 6.56 crores (41.34%) was paid in cash, while Rs 9.09 crores (57.25%) was incurred in cheque or demand draft. A total of Rs 0.224 crores (or 1.4% of the expenditure incurred) remain unpaid.
·   Five parties, including BJP, NCP, CPI, CPM and HJC (BL) incurred all their expenditure in cash. They made no payments through cheque or demand draft.
incurred expenditure of Rs 7.62 crores (70.74%) in cheque, and a total of Rs 3.15 crores (29.26%) in cash.
·   INC incurred expenditure of Rs 7.62 crores (70.74%) in cheque, and a total of Rs 3.15 crores (29.26%) in cash.
                                     Inline image 8
Expenditure of political parties under various heads:
 

·    Political parties of Haryana spent 77% of their total expenditure on publicity20% on candidates2% on travel expenses and 1% on miscellaneous expenses during the Assembly Elections, 2009.

·     INC, INLD and HJC (BL) declared the maximum amount of their election expenditure on publicity. INC declared having spent Rs 7.62 crores, INLD spent Rs 1.98 crores and HJC (BL) spent Rs 1.66 crores on publicity.

·      INC and CPM declared that they had not spent any money on travel.

Inline image 9

Expenditure of political parties on Publicity: 

 ·   Political parties of Haryana collectively spent Rs 5.47 crores (or 45.58%) on electronic mediaRs 4.93 crores (or 41.08%) onadvertisement and Rs 0.595 crores (or 4.95%) on printed material during Assembly Elections, 2009.

·   Among the expenditure incurred on publicity, INC has spent the maximum amount of Rs 4.66 crores on electronic media followed by Rs 2.73 crores on advertisement.

·  BJP has listed incorrect data under the head of “printed material” in publicity, resulting in the total amount spent on publicity not adding up. Data for “printed material” for BJP has thus been excluded for this report.

  ·   HJC (BL) spent the maximum amount of Rs 1.14 crores on advertising, while INLD spent its maximum amount of Rs 1.05 crores on the same.

September 22, 2013
37 Sitting MPs & MLAs Declare Cases Under IPC 153A (Promoting Communal Tension )

In the wake of the horrific communal riots in Muzaffarnagar, all the political parties continue to play a blame game against each other. Analysis by the Association for Democratic Reforms (ADR) and National Election Watch (NEW) however reveals how most political parties have been continuously giving election tickets to candidates who have declared charges of promoting enmity between religious groups (IPC 153A), destruction of religious places (IPC 295) and committing acts intended to outrage religious feelings (IPC 295A).

Summary and Highlights

Sitting MPs/ MLAs

·         Sitting MPs with cases under IPC 153A: 11 Sitting MPs have declared cases under IPC Section 153A. 9 out of the 11 MPs are from the Lok Sabha and 2 are members of the Rajya Sabha.

·         Sitting MLAs with cases under IPC 153A: 26 Sitting MLAs have declared cases under IPC Section 153A.

·         Sitting MPs with cases under IPC 295A: 3 Sitting MPs have declared cases under IPC Section 295A. (There may be an overlap between MPs and MLAs with cases under IPC 295A, IPC 295 and IPC 153A i.e. they are not mutually exclusive)

·         Sitting MLAs with cases under IPC 295A: 9 Sitting MLAs from various states have declared cases under IPC Section 295A. (There may be an overlap between MPs and MLAs with cases under IPC 295A , IPC 295 and IPC 153A i.e. they are not mutually exclusive)

·         Sitting MPs with cases under IPC 295:  3 Sitting MPs have declared cases under IPC Section 295. (There may be an overlap between MPs and MLAs with cases under IPC 295A, IPC 295 and IPC 153A i.e. they are not mutually exclusive)

·         Sitting MLAs with cases under IPC 295: 5 Sitting MLAs have declared cases under IPC Section 295. (There may be an overlap between MPs and MLAs with cases under IPC 295A, IPC 295 and IPC 153A i.e. they are not mutually exclusive)

·         Partywise MPs and MLAs with cases under IPC 153A: Among all parties, 14 BJP MPs and MLAs (7 MPs and 7 MLAs), 5 AIMIM MPs and MLAs (1 MP and 4 MLAs), 4 MPs and MLAs from SP (1 MP and 3 MLAs), 4 MLAs from TRS, 2 MLAs from JD(U) and 1 MLA each from INC, DMK, RJD, PMK have declared cases under IPC Section 153A. 1 MP each from TDP and VCK has also declared cases under Section 153A.

·         Statewise MPs and MLAs with cases under IPC 153A: 12 Uttar Pradesh MPs and MLAs (4 MPs from Lok Sabha, 1 MP from Rajya Sabha and 7 MLAs), 10 Andhra Pradesh MPs and MLAs (1 Lok Sabha MP, 1 Rajya Sabha MP and 8 MLAs), 4 MLAs from Bihar, 4 Karnataka MPs and MLAs (2 MPs and 2 MLAs, 3 Tamil Nadu MPs and MLAs (1 MP and 2 MLAs) have declared cases under IPC Section 153A.

 

·         Partywise MPs and MLAs with cases under IPC 295A: Among all parties, 5 BJP MPs and MLAs (1 MP and 4 MLAs) and 5 AIMIM MPs and MLAs (1 MP and 4 MLAs) have declared cases under IPC Section 295A. (There may be an overlap between MPs and MLAs with cases under IPC 295A, IPC 295 and IPC 153A i.e. they are not mutually exclusive)

DISCLAIMER:
  • This report is based on an analysis of the self sworn affidavits submitted by candidates, with the Election Commission of India, prior to contesting Elections.
  • ADR and NEW are not aware of the current status of the criminal cases declared by the candidates. We will know about their current status in case these candidates contest another election and submit a fresh affidavit.
Please find attached the detailed report. Also attached are the definitions of IPC Sections 153A, 295 and 295A.

September 20, 2013
Johnson’s tainted baby powder: Bombay HC Puts Ball In State Govt’s Court, But Lets Mulund Plant Resume

Health hazard warning Toxic Johnson & Johnson’s Baby Powder

Bombay High Court today stayed the order of the Maharashtra Food & Drug Administration (Maharashtra FDA) suspending the license of Johnson & Johnson to manufacture cosmetic products at its Mulund plant. Justice S J Vazifdar and Justice M S Sonak ordered Maharashtra FDA to hear the matter afresh. However, while declining to quash FDA’s order, the bench left it open for whistleblower Dr Ajit Telang to intervene in the matter before FDA, or to approach high court with a PIL.

“Johnson is manufacturing the cosmetic products on a loaned licence,” Justice Vazifdar explained to Dr Telang’s advocate. “If manufacturing is not allowed to resume, the suffering of the other party i.e. the licence owner, will be needlessly prolonged,” he said.

Dr Ajit Telang, who had worked for 14 years at Johnson’s Mulund plant, complained to Johnson’s headquarters in 2008 regarding the contamination of the 1.6 lakh containers of Baby Powder with carcinogenic Ethylene Oxide. Later, in 2011, he alerted FDA and pursued the matter doggedly until the permission to manufacture cosmetic products at its Mulund plant was finally suspended in June 2013.  

Brief outline of the case:

  • Dr. Ajit Telang, aged 51 years, holding Doctorate in Polymer Science from University Department of Chemical Technology, was a Technical Services Officer and later, Technical Services Manager.  He helped to develop many products over the decades, and received four global awards between 1996 and 2003, and the Asia Pacific Award in 2005 for Neutrogena Mask design. He came to hold nine international patents/patent applications during his tenure with Johnson & Johnson.
  • In 2006, Dr Telang worked on a Process Excellence (PE) project for elimination of sterilization processes with Ethylene Oxide (commonly called ETO or EO) for Band-Aid range of products, and became well-versed with the harmful effects of ETO.
  • Around December 2008, he got information that 15 batches of Johnson Baby powder had been recently sterilized using ETO, which was not as per the procedure allowed by Maharashtra Food and Drugs Administration (FDA). Knowing the propensity of dangerous amounts of ETO residues to linger in powder and plastic containers, he brought it to the knowledge of his immediate superior, and asked him to recall these batches. As no further action was taken by his superior, he filed an online complaint on the website of the headquarters of Johnson & Johnson USA, in December 2008. Still, the 15 batches were not recalled.
  • On 15th October 2010, Dr Ajit Telang was sacked without any prior notice.
  • In February 2011, Dr Telang approached the FDA and made a full disclosure. In March 2013, FDA conducted a thorough investigation of the incident and the cover-up. Read FDA’s investigation report procured under Right to Information by Dr Telang:  http://tinyurl.com/FDA-Report-on-J-J-Baby-Powder
  • Page 8 of FDA’s report says: “The unfortunate babies who were repeatedly exposed to the talcum powder of these Ethylene Oxide treated batches, which was highly advertised and claimed as “mild and clinically proven” product (actually this claim was developed for baby talcum powder in which steam sterilization was used) may develop slowly and silently disease of cancer… there are sometimes years between exposure to a carcinogen and development of cancer. Further, some of these victims may pass on the genetic mutations to next generations if they live longer.”
  • The manufacturing license of the Mulund Plant was suspended on 29th June 2013.
  • Johnson approached the FDA minister Manohar Naik to have FDA’s order overturned. However, Dr Telang approached the minister and impressed on him the gravity of the multinational’s crime. In the end, the FDA order was upheld by the minister.
  • Dr Telang became aware from news reports that Johnson had approached Bombay High Court. He believed that FDA, being aware of the matter, would adequately defend the case. In August, he learned from news reports that Johnson had successfully played down the criminal nature of its offense. For reasons best known to itself and its lawyers, Maharashtra FDA was keeping quiet, instead of drawing attention to the many lies that Johnson was relying on in its petition.
  • The implications of Johnson’s lapses for the lives of an estimated 1,61,000 infants (and their mothers) exposed to the baby powder with ETO residues are grim. Based on risk-assessment statistics, it may be inferred that as of date, more than 16 persons have actually died as a result of Johnson’s negligence. This makes it an act of culpable homicide. Risk-assessment statistical analysis indicate that deaths due to cancer, and also genetic mutations, will continue for years and decades. However, any connections drawn between actual deaths, mutations etc, to the baby powder would necessarily have to be probabilistic.

12 Flaws in Johnson’s High Court Petition:

  1. To give a clean chit to Johnson, PCP Lab in Thane assumed that the Permissible Exposure Level (PEL) for babies is the same as for adults i.e. 1 ppm. The tests conducted by Johnson at PCP Lab say that residual ETO of 1 ppm was “not detected”. Baby skin being  three times thinner than adult skin, it is globally accepted that human babies are 100 times more sensitive to a carcinogen than adults, and therefore, the PEL for babies should be 0.01 ppm.
  1. Residual ETO levels of, say, 0.9 ppm may very well be present in that same sample, in which 1 ppm was “not detected”. In other words, the test parameters are faulty.
  1. PCP Lab did not draw the test samples. Samples were supplied by Johnson, and hence the test results are not reliable and unacceptable by a court of law. (An authorized person from PCP lab person should have independently collected the samples from the market and brought it to the lab in a sealed envelope.)
  1. Johnson conducted the test to determine residual ETO at PCP lab about 17 months after the product was released to market. This is not acceptable as per ISO standards.
  1. PCP is a non-FDA approved lab, and it did not have validated test method to conduct this test. PCP Lab modified the ISO test and carried out the test for carcinogenic residual ETO contents in the Baby Powder container without a previous ‘validation of test’ procedure.
  1. PCP did not have a blank unsterilized sample from J&J which is the ISO test method requirement (ISO 10993-7, 2008, section 4.4.3) and hence J&J India got their samples tested without a blank. The FDA report confirms this discrepancy. The PCP lab used 1 ppm ETO as standard as per their report and reported the residual carcinogen results as “not detected”.
  1. In its petition, Johnson has relied on a report by Gary Mitchel, who, while being a world-renowned expert, is an employee of Johnson & Johnson, USA. To give his company a clean chit, Gary Mitchel has referred to residual ETO in Shower-to-Shower powder and ear buds to arrive at the detection limit of 0.1 ppm. These products are for adults and hence, these references are irrelevant and misleading.
  1. Another set of “simulation tests” done at Bee Pharmo, submitted as evidence by Johnson, were also done with 1 ppm as ETO standard. The test samples at this lab were from aimulation test done at Microtrol’s sterilization facility at Gurgaon, Haryana, which is an advanced facility certified by regulatory agencies as per the Microtrol website. However, the original ETO sterilization of the 1.51 lakh boxes of baby powder were carried out at the Microtrol unit at , which is a very old non-certified facility of Microtrol built in 1983. The decision of Johnson to carry out a “simulation test “at a sophisticated facility in Haryana is dubious.
  1. The simulation protocol was not shared with FDA in advance, before conducting the test. The simulation test was not approved by FDA in advance. As per proper protocol, a representative from FDA should have been present during the “simulation test” at Gurgaon to see that the test is done as per approved protocol. This was not done. An FDA person should have drawn the test samples of Baby Powder containers from the sterilizer and should have sent those samples for testing at Bee Pharmo laboratory in a sealed envelope. This also was not done. The results submitted by J&J themselves, in the absence of monitoring by any third party during the trial and drawing of samples, cannot be acceptable to any court of law.
  1. Bringing down the residual values of ETO is notoriously difficult and time consuming. Scientific research has shown that aeration time of as many as 17 hours may be needed to get bring residuals of a “medical device” below 1 ppm after ETO sterilization. Even after 96 hours of aeration, some researchers found that polythene samples had 40 ppm of residual ETO in them.
  1. American college of chest physicians opines that the aeration time to reduce residual carcinogenic ETO from a very low weight 5g talc pouch took 24 hours of aeration time. A 100 gram container of baby powder (which is much denser than 5g talc) may take 20 days to several months for residual carcinogenic ETO to be extracted. And yet, Johnson had used only 30 minutes of aeration time. Experts can state with absolute certainty that if the simulation test at Gurgaon, Haryana is carried out with aeration time of 30 minutes, there is no possibility of removing the residual ETO from 100 g baby powder container.
  1. Johnson has relied on a self-serving and unscientific report by Gary Mitchel of J&J USA, written without conducting a single actual test as per ISO 10993-7 (2008). This ISO standard requires determination of residual ETO in a medical device by conducting an actual extraction test. Gary Mitchel has made up a full report by making only theoretical assumptions and mathematical calculations, which USFDA would never accept. Mr Mitchel has computed quantity of ETO concentration in the container as 145 mg/ litre when the Batch record sheet of Microtrol shows it as 750 mg/ litre and hence the calculation has used 750/145 mg/litre = 5.17 times less quantity. Further, Mr Mitchel uses on page 152 of his report an equation that is not mentioned anywhere in ISO standard to “theoretically” calculate the residuals of the whole baby powder container post ETO sterilization. Surprisingly this equation does not have any factor for material of the packaging (HDPE baby powder containers, which adsorb a lot of ETO) nor for the material like talc.  In the absence of such factors, it is theoretically possible to pack 100 g of baby talcum powder in a PVC or glass container (instead of J&J’s HDPE container) of the same volume (188 ml), and the same reading of 21.9 mg /litre will be derived. Alternatively, if, instead of 100 g talc, one were to pack 100 g of mud or sand or iron shavings inside baby powder containers, the result would be the same the equation does not have a factor for material packed inside the container and hence does not recognise the type of material. Hence, this equation does not have any scientific basis. And as if this were not enough, Mr Michel has relied on an outdated ISO tolerable limit of daily exposure of 20 mg of ETO residue in 1995, instead of the more stringent limit of 4 mg imposed in 2008. But even this is only applicable for adults, and not for babies, who are their target customers.

Johnson thus tried to confuse the court by using contradicting information as per their convenience, averred Dr Ajit Telang in his petition.

Dr Ajit Telang’s Petition: http://tinyurl.com/Johnson-Baby-powder-CS

An earlier press release: Lies of Johnson & Johnson’s Petition for Restoration of its Manufacturing License !!!

FOR DETAILS & DOCUMENTS, CONTACT Dr Ajit Telang 9323227247, atelang1@gmail.com

September 1, 2013
Caution, Housing Societies! Amended Law is Full of Hidden Dangers

Mumbai:  Two weeks after the Maharashtra Co-operative Societies (Amendment) Act 2013 was passed by the State Assembly, experts and activists are silent. Sweeping changes in a law that affects almost every citizen of Maharashtra who does not live in a slum, chawl or village – and not a squeak out of citizens! The ground rules have just changed for 80,000 cooperative housing societies throughout the state – a hotbed of disputes at all times – but not a single voice has risen to protest or to welcome the new law.

And so, like AK Hangal after the massacre in Sholay, one is asking, “Itna sannata kyon hai, bhai?” Why this unearthly silence, brother?

Copy of Amended MCS Act with commentaries: http://tinyurl.com/MCS-Act-1960-Updated-Aug2013

Even after the Gujarat High Court verdict practically removed the teeth of the 97th Constitutional Amendment, Maharashtra government pushed through the Amendment Act that is mostly the same as the Ordinance passed in February 2013.

Some new provisions threaten the interests of voiceless and vulnerable sections such as aged citizens, troubled spinsters and NRIs. Such suffering and marginalized citizens – who are normally shy and reticent in every society — will be compelled to attend general body meetings, or lose their voting rights or worse still, face expulsion, eviction notices etc. Their only hope lies in either being condoned by the very general body (which often acts as a mindless mob in the hands of the managing committees, victimizing and ostracizing such people) or in rushing off to appeal to the unresponsive and often corrupt officials of the cooperation department. Even if such society decisions are overturned after months or years of struggle, these vulnerable people will lose their peace-of-mind.

Other new provisions are a big blow to the influential managing committee members and society employees who carry the co-operative movement on their shoulders. Failure to comply with various deadlines can result in severe consequences, including dismissal, disqualification from contesting elections and cash penalties. Vindictive and vexatious members – who are present in every society – can invoke these provisions to do great damage to the society’s peaceful functioning. Auditors, who earn relatively small amounts (like Rs 2,500/-) by auditing the society’s accounts, are given the extraordinary mandate of filing an FIR (First Information Report) at a police station. Whenever this happens, managing committee members will becomeaaropi in an FIR, which may drag on for years, and result in needless harassment to managing committee members without coming to any conclusion. Currently, uniformed cops are a rare sight in societies; but now, as the new provisions slowly seep in, cops coming into societies and office-bearers being summoned to police stations will become a common sight. Needless to say, instances of bribery will become common.

Yes, the changes will also have benefits for various stakeholders namely ordinary members, office-bearers, professionals and service-providers and – last but not least – the State Cooperation Department. Wherever there is a dispute, cooperation department officials receive kickbacks.

Professionals will gain hugely. The law creates many employment opportunities for chartered accountants, advocates, retired officials of the co-operation department, diploma holders in GDCA (Government Diploma in Cooperation and Accounting), and as well as activists who are somewhat knowledgeable in society matters. To ensure that deadlines are not missed, and that the society’s mandatory reports and returns to the Cooperatives Registrar are complete in all respects, housing societies will feel compelled to engage such people as Functional Directors, Expert Director, CEOs etc. But in the years to come, many ill-informed societies, or small societies with only hand-to-mouth funding, are likely to land in trouble because of their inability or unwillingness to foot the bill for engaging professionals.

The amendment has given the law some sharp edges, and also has guidelines and definite dates to societies for smooth functioning. It sets the bar on society administration unrealistically high. Below are the major changes in a nutshell.

 

ABSOLUTE DEADLINES:

  • Audits: Last date for getting books of account audited is four months after close of financial year — 31st July of every year.
  • Annual General Meetings: Last date for holding AGM is 31st September. Default in this respect is almost certain to result in disqualification of the Managing Committee members for five years, and cash penalty on responsible employees of upto Rs 5,000/-
  • Informing Election Authority when election is due. The State Cooperative Election Authority must compulsorily be informed at least six months before the expiry of the present committee’s term of office. Failure to inform will disqualify them from contesting the elections.
  • Elections within 6 months in case of managing committee being suspended. In case the managing committee is superseded for any default of theirs, and administrator/authorized officer is appointed by the Registrar, elections must be compulsorily held within six months, and control must be returned to the society members.

 

CHANGES REGARDING ELECTIONS:

  • Immediate voting right. Members of housing/premises society are now allowed to vote immediately after enrollment. Earlier provision required a waiting period of two years.
  • In a society not having any government grant or loan, no Administrators will be appointed. Instead, an active member or group of active members who were not members of the earlier managing committee (which has been suspended) may be authorized to act as “Authorized Officer”.  In a Society having government aid, an administrator may be appointed, but for six months only.
  • Only active member will have power to vote in the affairs of the society including election. Also, a non-active member cannot contest the election.  A member who does not attend at least one general body meeting and does not utilize minimum level of services as prescribed in bye-laws is liable to be classified as “non-active member”, unless his absence is condoned by a general body resolution.
  • CEOs, Functional Director and other employees will be considered as “representatives” of the society, but not “members” for the purpose of voting.
  • Reservation of three seats for members from SC/ST/OBC etc. and two seats for women-members. This means that over and above the regular seats on the managing committee, there will be five reserved seats to be filled up by election from such class of members. If such seats are not filled up by election, then they may be filled up by co-opting or nominating suitable members.
  • State Co-operative Election Authority will prescribe procedure and manner of holding elections. Even casual vacancies must be filled up as per such procedure, and under the scrutiny and supervision of this authority.

 

AUDITS & COMPLIANCES:

·         Tough audits. Each and every society must appoint a statutory auditor from an approved panel of qualified auditors, and have their books audited by them in deadline. Auditor is mandated to point out particulars of the defects or the irregularities observed in audit.

·         FIR against managing committee members etc. In case of financial irregularities, misappropriation or embezzlement of funds etc, the auditor is required to investigate and report the modus operandi, the entrustment, amount involvement and file an FIR with the police as per Criminal Procedure Code, after getting necessary permission from the Registrar. If the auditor fails to do so, he may be disqualified from the government panel, and also, the Registrar is required to get the FIR filed by authorizing someone suitably.

·         Fines for offences under Section 146 have been enhanced.For example, where the penalty was Rs 500/-, it has been raised to Rs 5,000/-.

·         For assistance with statutory compliances, legal and financial matters, societies are encouraged to appoint expert directors. Expert directors are defined as persons with experiencein the field of banking, management, finance, and cooperatives, and includes a person having specialization in any other field relating to the objects and activities undertaken by the concerned society.

ASSESSMENT — POSITIVE IMPACTS:

a)      Active members are empowered. Members – including managing committee members — who are negligent in attending meetings may lose their voting rights after five years. On the flip side, those who diligently attend meetings may be rewarded with more power, and appointed as “authorized officers” if the managing committee trips up. They will gain all the powers that administrators enjoy, for at least six months.

b)      Administrators will normally not be appointed if there is no govt. money involved in the society. If there is a vacuum of power due to managing committee being unable to function, then active members will normally be appointed as “authorized officer” or “interim committee” by the Registrar. Only if there are no active members available to fulfill these responsibilities will an outside person be appointed as “authorized officer”

c)      Regular education & training for office bearers. Apex Co-operatives or State Federal Society will be required to conduct education and training in running of cooperative societies.  Managing Committee members and employees must compulsorily attend trainingat least once in five years. Each society is required to set aside funds to pay for such training.

d)      Co-op. court will encourage Win-Win compromise, not Win-Lose justice. Cooperative court is mandated to seek settlement on terms that are acceptable to both the parties, through arbitration, conciliation, mediation etc.

e)      Deadlines must be strictly followed. Managing committees are required to now observe strict deadlines for completion of statutory audit, submitting returns to the Registrar, holding Annual General Meeting etc. Missed deadlines will have serious consequences such as disqualification of the managing committee, with no chances of being condoned. This may lead to better record-keeping and management.

f)       Professionalism in management. Societies are mandated to adopt modern methods and technologies for management, record keeping, compliance with deadlines, statutory requirements etc. For this, they are encouraged to appoint professionals as “functional directors” and “expert directors”.

g)      Auditing is beefed-up. Statutory auditors will have to be appointed, and they are mandated to strictly ensure that accounting is proper.

h)      Filing First Information Report (FIR) will be filed in case of fraud, misappropriation etc. If manipulation of accounts is suspected, auditors and Registrar are mandated to register FIR with the police against the managing committee. In many wealthy societies, where office-bearers who have been skimming away handsome amounts and ordinary members have been struggling to expose them, a scalding hot cup of justice is about to be served!

 

ASSESSMENT — NEGATIVE IMPACTS:

a)      The 97th Amendment (which was NOT entirely struck down) has added a Directive Principle of State Policy to ensure “autonomous functioning” and “democratic control” of cooperative societies. So, it is sad and ironic that many provisions of the Amended MCS Act are diametrically opposed to autonomous functioning. They have the potential to vitiate the co-operative atmosphere and harm housing societies in the following ways:

b)      Curbing their autonomy and creating scope for constant interference by officials from State Cooperation Department, State Co-operative Election Authority etc.

c)      Giving scope for police interference and bribery, and making some managing committee members “aaropi” (accused persons) in criminal cases, which may drag on for years with “tareekh-pe-taareekh”.

d)      Declaring aged people, widows, NRIs etc. as non-active members for not attending meetings, depriving them of voting rights and ultimately expelling and evicting them from the flats. This is a grave violation of their fundamental rights. Although there is a provision for the general body to condone their absence, it is well-known that the general body often acts as a mindless mob, and can be vengeful to individuals who do not tow the line.

e)      Disqualifying managing committee members for petty procedural reasons. The many provisions for disqualifying the actual doers in societies will make them vulnerable to some vexatious and vindictive society members.

f)       Giving additional scope for disputes in co-operation department and lengthy court litigations arises from the increase in number of statutory deadlines will cause

g)      Poisoning the atmosphere with divisiveness, caste-based quarrels and misuse of Atrocities Act, due to caste-based reservations mandated in every society. So far, nobody knows the caste of their neighbours, especially in cities like Mumbai. But now, caste-knowledge and caste-insults will be in everybody’s tongue.

Please read the Amended MCS Act (attached), and try to understand where we all have to go from here. But for heaven’s sake, think and discuss; do not remain silent and passive.

SELECTED SECTIONS of Amended Maharashtra Co-operative Societies Act, 1960 FOR HOUSING SOCIETIES – 27th August 2013 (1)

 

TIME BOUND REDRESSAL AT CO-OPERATIVE HOUSING DEPARTMENT

The Article on The Meeting of J.B.Patel (Jeby), Housing Societies’ Activist and a founder member of MAHARASHTRA CHS RTI FORUM met the hon’ble Joint Registrar of Co-operative Societies – Mumbai, Mr Vikas Rasal on 30.07.2013 to discuss various issues on housing matters across Mumbai and how along with the department could try, address and solve various problems on TIME BOUND REDRESSAL SYSTEM. The views and view points of Mr Rasal were very important and encouraging that will stimulate our thinking on various challenges and critical issues.

Time_Bound_Redressal_otherwise_concerned_official_will_be_held_personally_liable_–_Mumbai_HC_order_Maharashtra_Govt_Circular

_4__Nagarikan_chi_Sanad_-_Citizens__Charter_-_06.05.2011

_3__MAHARASHTRA_CO-OPERATIVE_HOUSING_SOCIETIES__79_A__MANNUAL_-_15.10.2011_-_ENGLISH

_2__Video_Shooting_for_AGM_-_Circular_dated_15.03.2010_from_Co-operative_Commissioner___Registrar__Pune

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