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Friday, February 28, 2014
Suggestions on Draft Power Regulatory Accounts
The Secretary, DERC,
Viniyamak Bhawan,’C Block'
Shivalik, Malvya Nagar,
New Delhi-110024.
Madam,
Subject: STOP DERC (Power Regulatory Accounting) Regulations 2014.
Ref: Public Notice dated NIL, Ref. NIL issued by Secretary on draft Regulations.
DERC has miserably failed to safeguard the interests of Consumers,be that in Tariff fixation, ensuring Performance Standards or in representing the Consumers in Courts and Tribunals. DERC’s Credibility is at stake because of Public having Political Appointees as members who have allowed DISCOMS and the Ruling Elite to Dictate terms in Detriment to Consumer Interest.
Having admitted in the High Court that DERC lacks the Competence and Infrastructure to Audit DISCOM accounts, we fail to understand why has DERC suddenly woken up to the need of Power Regulatory Accounting Regulation 2014 at an enormous cost to the Consumers and Exchequer, not to mention accommodating more favorites in cozy Post Retirement Berths.
Unfortunately while putting the Draft Regulations for comments by general public at large, DERC has not stated what is the objective of introduction of these Regulations and under which Regulation it has been authorised to introduce such Regulations. Unfortunately DERC has all along violated the provisions of Electricity Act, 2003, National Electricity Policy, 2005 and National Tariff Policy 2006.
It is our apprehension that the DERC shall conveniently use the Regulatory Accounts for fixing Tariffs and wash off its hands. The Commission is yet to respond on our queries and suggestions forwarded on 31-01-2014, wherein we had highlighted that the DISCOMS have furnished different Financial DATA at the time of submitting ARR and the Balance Sheet that was filed with the Registrar of Companies. Therefore, our apprehension is based on the past conduct of the DERC.
We have seen how the Meter Testing IS Codes were framed so that the Cheating due to Fast Running Meters cannot be detected while framing procedures that did not account for RESIDUAL BACK FLOW, explains the Trust Deficit amongst the Consumers.
The existing independent bodies like CAG and others are performing their job and have public faith, therefore I register my protest with the following observations ……
1. It is a matter of surprise to note that the Delhi Govt. issued a notice for CAG audit on the accounts of Private Distribution Company on 07-01-2014 & various forces has been acting against the audit of CAG. One of the actions towards it may be the making of DERC (Power Regulatory Accounting) Regulations 2014. The time of making the Regulations make the suspicion in the minds of stake holders as these Regulations will provide hurdles in CAG Audit to the private DISCOMs. The Regulations will enable the DISCOMs to do away with the Government Audit like CAG, as the CAG will not abide by the terms of references made by the DERC. However when the terms of references by way of the regulations will be made, the audit is to be carried out as per the Regulations only.
2. There are several Indian and International Laws, procedures & principles under which the accounting procedures are guided. Therefore the accounts of the firms or corporations are guided by those principals & laws. Therefore a separate set of accounting procedure Regulations were not necessary on the interest of accounting procedure.
3. The draft regulations have certain shortcomings, such as verification of physical assets for capitalization of asset. Physical verification of capital asset is very important in the capital based tariff. Making “Power Accounting Regulations” shall provide DISCOMs & other companies for coverage of such manipulations under the various provisions of proposed “Power Regulatory Accounts” Regulations. Therefore the draft regulations in the present form is to be repealed.
4. In regard to the capitalization & physical verification of asset, DERC during prudence check for the year 2002-03 to 2006-07, it was found that the private DISCOMs of BSES Rajdhani Power Ltd. (BRPL) & BSES Yamuna Power Ltd (BYPL) both purchase capital goods from their sister concerns M/s REL, more than 68.5% above the market rate and capitalized through the audited accounts. The replies filed by BRPL & BYPL were found by the Commission far from satisfactory. However DERC undertook action of their own & found that BRPL & BYPL could not provide satisfactory answers for escalated capital infusion. The Commission by its own wisdom and prudence check found out that the prices were shown to be escalated which were shown in the Audited financial accounts. Had there been the DERC (Power regulatory Accounting) in this present draft form, the Commission could not be able to go about as they did on this occasion.
5. There are several orders from the Higher Courts, where it opines that statutory Regulations formed by the Appropriate Authority (in this case DERC) is not a executive instruction but it is always by legislature & it desires sanction from legislative power vested in the legislature. DERC a statutory authority frame Regulations & issue notifications could not refuse to follow the Regulations in its application in any given situations. A statutory rule or Regulation or Notification shall be treated for all purposes of construction of objection exactly as if they are the Act & are to be of the same effects as if contained in the Act. Therefore once these Regulations are made for Power regulatory Accounting will supersede all the other accounting rules and procedure as followed in accounting procedure.
6. Tariff regulations are made U/S 61 of the EA 2003. The Principles of Tariff Regulations for determination of Tariff is based on encourage competition, efficiency, and economical usage of resources, good performance and optimum investments. In a private monopoly market environment of distribution of electricity in Delhi where the prices are not determined under competition, the proposed draft “Power Regulatory Accounting” is against the consumer interest as the said draft not in consonance with the existing Tariff Regulations of DERC and defeat the purpose of Tariff determined principles as envisages by the law.
7. Tariff is determined U/S 62 and 64 of the E/A 2003. The truing up of the accounts of the DISCOMs of past period by the Commission with prudence check is another important aspect for determination of tariff with participation of all the stake holders. It is apprehended that by way of making this ‘Power Regulatory Accounting’ all the illegal and manipulated accounts can be legalized by making law to accept the annual audited accounts of DISCOMs. This will defeat the main objective of transparency which is the prime goal of Power Sector Reform.
8. From the earlier experiences and the way the private DISCOMs manipulated their Annual Financial audited accounts, it is apprehended that the proposed draft “Power, Accounting Regulation” shall further provide the approval of the commission for manipulation of their accounts which they have been doing for all the years. The draft Regulations proposes all materials on records and the formats of Tariff are to be submitted as per their annual financial audited statement and therefore there would be very little scope for further prudence check of the formats of the DISCOM to be submitted as per the proposed Regulation. Therefore the proposed draft Regulation would take away the power of prudence check during true up process by the commission.
9. The private DISCOMs has been undergoing CAG audit. CAG while doing their audit is governed and guided by their own laws, rules, and Regulations, independent to any other agencies. The proposed “power Regulatory Accounting” will be another hurdle to carry out CAG audit in the private DISCOMs. CAG carry out their audit according to their own terms of references independent to any other terms, rules, Regulations of any Organizations. Considering the importance and necessity of CAG audit in Private DISCOMs the proposed draft “Power Accounting Regulations” proposed by Hon’ble Commission is to be called back.
10. After repeated demand and prayer by the consumers of Delhi before the Commission the Govt. of Delhi recently agreed an ordered recently for CAG audit for the accounts of the Private DISCOMs and currently the CAG audit is under progress. However private DISCOMs went to the higher courts i.e., High Court of Delhi and the Apex Court to get rid of the CAG audit fearing all their manipulations in their audited accounts will be caught. The private DISCOMs applied for stay order in the CAG audit in different courts. The proposed “Power Accounting Regulations” of DERC will strengthen the hands of Private DISCOMs to avoid CAG audit. The Private DISCOMs who has been very much expert in manipulation of financial accounts will get another opportunity and weapon by way of these Draft Regulations for pleading before the Higher Courts to get relief of the CAG audit. Therefore for the interest of the consumers and the public as a whole the proposed Draft Regulation may be called back by the Hon’ble Commission.
11. It is also surprised to note that these Accounting Regulations” has been proposed by Hon’ble Commission just after the CAG audit was ordered by the Delhi Government into the accounts of Private DISCOMs. The capital based Tariff of the DISCOMs, the physical verification of asset and truing up of capital expenditures is the most important criteria which could not be performed by the Hon’ble Commission since the privatization of erstwhile DVB the reason best known to the Hon’ble Commission. Under the above circumstances the proposed regulations will regularize all illegal and manipulations made into the accounts of Private DISCOMs since 2002-03 onwards. Therefore this is apprehended that certain forces are acting in favour of the DISCOM to derail the process of CAG audit currently undergoing in the private DISCOMs.
12. It is prayed before the Hon’ble Commission that the proposed draft Regulation may be called back for the interest of making the proposed Regulations more effective after getting the necessary input and observation of the CAG audit currently undergoing into the audit of Private DISCOMs. The input provided by CAG for strengthening the accounting system and prudence check of the Private DISCOMs may also be taken care of by incorporating those inputs in the present draft Regulations. This will be for the best interest of the consumers and also to the power sector reform as a whole.
13. Under the above circumstances it is suggested that the Commission to call back the proposed DERC (Power Regulatory Accounting) Regulation 2014 in the interest of the Electricity Consumers of Delhi.
This is without prejudice to any other submission that may be submitted at a later date.
Rajiv Kakria
Thursday, February 27, 2014
Govt spends Rs 3.65 to deliver Rs 1-worth food; 57% of subsidized food doesn't reach beneficiaries
NEW DELHI: The government spends Rs 3.65 to deliver Re 1 of food while 57% of subsidized food grains do not reach the intended beneficiaries. These startling findings by the Independent Evaluation Office point to massive corruption and pilferages in the existing public distribution system.
The agency's initial findings reveals that close to 36% of food grains are siphoned off in the supply chain, raising a serious question mark over effective implementation of UPA government's "game-changer" food security scheme which heavily depend on existing PDS network.
The agency has also found that corruption is less in the states such as Tamil Nadu where the PDS has been made universal.
The first task of the government's newly constituted independent evaluator was to study the effectiveness of the public distribution system (PDS).
The agency's first director general Ajay Chhibber said, "India can be a great economic power but must fix its Achilles Heel—which is better delivery of quality public services."
During his job as evaluator so far, Chhibber had told TOI that he has found that bureaucracy is a big problem with lack of coordination between ministries.
The former UN official claimed India could bounce back at 6.5% economic growth if bureaucratic bottlenecks are removed, adding that "administrative reasons" account for 1.5 percentage point dip in country's growth trajectory.
He argued that ineffective spending on government big-ticket social sector schemes had its bad impact on the economy.
Chhibber found that the incentive structure of social sector schemes, including PDS, needs to be looked at as it is ill-thought-out.
He has said in the existing PDS, it has been seen that as the ration shop owners fail to make enough money by selling grains to beneficiaries they are tempted to sell outside.
Apart from PDS, the agency is looking at the whole issue of movement of grain from the purchase centre to the consumer. "Eventually, we will also look at the Food Corporation of India and its operations, as well as the open-ended grain procurement policy," he said.
The independent evaluator would also focus on outcomes to ensure government schemes become more effective and accountable. Today, the government schemes are more target-oriented and not outcome oriented, Chhibber said.
The role of the agency assumes significance as the UPA government had budgeted around Rs 2 lakh crore on its flagship programmes in 2013-14.
The evaluator will submit its final report on the public distribution system and maternal mortality in the next 3-4 months, Chhibber said after the formal launch of the IEO.
The agency has also been asked to work on evaluating rural health outcomes and an insurance scheme handled by ministry of labour.
with thanks : TIMES OF INDIA : LINK
Wednesday, February 19, 2014
Delhi high court to hear discoms before RWAs, NGOs
NEW DELHI: The Delhi high court on Tuesday said it would first decide the plea seeking an audit of accounts of Delhi's three private discoms by the Comptroller and Auditor General of India before dealing with other matters on the subject. It was hearing a PIL filed by NGO United RWAs Joint Action (URJA) seeking a CBI or independent probe into alleged irregularities committed by them as well as a CAG audit of their accounts.
The PIL has said the then state government had given into pressure from the companies which sought a hike in tariff by faking losses and failed to fix the tariff for 2010-11. "We will go by the order dated August 24, 2011, and will deal with that limited issue (of CAG audit) first," a bench of justices Pradeep Nandrajog and Jayant Nath said and fixed the matter for hearing on March 20.
The high court had, on August 24, 2011, said, "...the issue that requires to be dwelt upon and addressed is the jurisdiction of CAG in respect of the said companies. It is further canvassed by them the same has to be tested on the anvil of the Constitution of India and the CAG Act, 1971. That apart, it is urged by them (discoms) once there has been a privatization of the electricity companies, they are not covered by the aforesaid Act. Issue notice on the question of admission. Regard being had to the limited lis (litigation) that has emerged before us, we would like the respondents (discoms and others) to file their respective counter affidavits only in this regard...," the bench said.
During the hearing, Prashant Bhushan, appearing for the NGO, said, "This a very important public issue and this needs to be settled." "Of course, we will settle it for you," the bench said and enquired about the status of the appeals filed by discoms against a single-judge bench order refusing to stay the Aam Aadmi Party-led government's decision asking CAG to audit their accounts. The appeals were listed before another bench, Bhushan said.
Three private discoms had filed appeals before a larger bench of the high court against a single judge bench order that had refused to stay the government's decision on CAG audit. The single judge bench had on January 24 not only refused to stall the CAG audit of discoms but also asked them to cooperate with the top auditor by furnishing the details sought.
with thanks : Times of India : LINK
Tata Power threatens tariff hike
NEW DELHI: With a hike in gas price looming over their heads, Delhi's power distribution companies are a worried lot.
While the BSES companies are yet to chalk out a plan on how to control their costs, Tata PowerDelhi has asked Delhi government and Centre to consider re-allocation of power from gas-based power stations for them. The discom said that if re-allocation of power from gas-based power stations was not done, it would lead to an increase in cost of power purchase and, consequently, tariff.
Delhi gets power from three central sector power stations—Dadri gas, Auraiya and Anta—and three plants owned by the Delhi government—Pragati power station, Bawana and gas turbine power station. The city gets approximately 1,255 MW power from gas-based power stations.
"The cost of power procured from these power stations is about Rs 3.49/unit to Rs 4.15/unit which when compared to the cost of power from other plants is on the higher side. When gas prices are increased from April, cost of power produced from these plants will rise by about 66% over the present cost—Rs 5.34/unit to Rs 6.20/unit," said an official.
According to Tata Power Delhi, it has made adequate arrangements for meeting the 2014 summer demand at much lower rates. It's also assured of meeting any contingencies at a price which, it says, would be much lower than the estimated price from gas station produced plants. Tata Power Delhi gets 237MW from gas-based power stations.
"It is requested that power produced from these plants be reallocated to needy states for 2014-15 by the ministry of power. If reallocation of power from gas stations is not done it would result in an increase in tariff. During off peak/night hours when the demand is low, these stations are run at minimum capacity or not run at all thereby resulting in discoms paying up fixed costs for these plants," said a Tata Power official.
The BSES discoms, Rajdhani and Yamuna, are trying to work out a formula on how to bring down costs but have not sent any official communication to the government yet. "Concerns are there, especially as we have long term PPAs with gas based power plants. We are looking at our options and working out a solution," said an official.
The issue of increase in gas price from April 1 was raised by former Delhi chief minister Arvind Kejriwal recently. Kejriwal alleged that the price hike was a result of collusion between some union ministers and Reliance Industries and said that RIL did not produce adequate gas from its eastern offshore KG basin in order to put pressure on the government to hike the price. The central government should give KG-D6 wells to ONGC, he said.
with thanks : Times of India : LINK
Tuesday, February 18, 2014
Atmospheric pollution in Delhi !
Not only loss of man hours but a great environmental dangerous atmospheric pollution occurs if a traffic signal is mismanaged or managed half heartedly.Sir there is no logic for the signal to become red if a large number of vehicle have yet to cross.Automatic signals are useful when there is not much rush.In time of rush it should be managed manually & judiously by the traffic personnel.If there is rush on one side he should turn the signal red only when all vehicles have crossed whether it may take 2 minnutes or ten minutes because when vehicles start moving,many vehicles can cross the signal in less time due to the increase in speed gained over more time.According to me it is illogical to stop the vehicles who have gained sufficient speed or are coming at high speed just to allow the vehicles in other direction to cross.While waiting ,not much energy & fuel is lost then while driving at slow speed .When all vehicles have crossed on one side ,the vehicles waiting for other side may be allowed to cross till such time that all have crossed & so on till the rush on each side reduces to a reasonable number.
No norms have been fixed by traffic head quarter for maximum duration of any signal.It has to be manipulated for maximum benefit to the public.I f any one has any question he may ask the control room of traffic help line at number 25844444 .One can also obtain the telephone number of the incharge traffic of the particular area.
I t is our duty for our own benefit to see that each traffic signal is being managed meticulously to reduce the rush at signals.It should be seen that almost all vehicles waiting at a side are able to cross easily & completely when signal turns green.This will prevent undue tension in minds of drivers who are tense to cross the signal before it becomes red & try to overtake & speed up making them vulnerable for accidents.
With best wishes for a tension & pollution free delhi
Dr VK AGGARWAL
increase the average speed of traffic on ring road from Maharani bagh to Dhaula quan.
The Commissioner, Delhi traffic police
Sub: Suggestion to increase the average speed of traffic on ring road from Maharani bagh to Dhaula quan.
Sir, There are number of flyover on this stretch of ring road.The dtc buses stops on bus stops before the start of fly over & then climb the flyover to cross the intersection & again stops on the next bus stop ahead of the fly over.In the process there is clash of vehicles obstructing the smooth flow of traffic leading to slow movement of vehicles.This can be avoided if the buses are asked to keep to left ,not to use the fly overs,use the traffic signal instead of flyovers to cross the road.By this ,the other vehicles which do not have to stop again & again will be able to move faster.When the average speed of all the vehicles is increased it will increase the speed of buses also & will compensate the time lost on the red lights.
With regards, Dr VK Agarwal
Monday, February 17, 2014
Sunday, February 16, 2014
Saturday, February 15, 2014
In case of President’s rule in Delhi : Hindustan Times
The L-G will be directly responsible for all areas governed by the state government. The New Delhi Municipal Council that reports to CM will start reporting to the L-G and so will Delhi Jal Board and power utilities including the private distribution companies, where the Delhi government has 51% stake.
The chief secretary of Delhi, who reports to CM, will report to the L-G. All Delhi government departments — health, transport, social welfare, education, public works, food and supplies etc — will be under L-G’s direct control.
The heads of other government corporations and agencies — the urban shelter board (DUSIB), the industrial development corporation (DSIIDC), the transport corporation (DTC), tourism corporation (DTTDC), finance corporation (DFC) etc will report to the L-G through chief secretary.
The three municipal corporations of east, north and south Delhi will come under the direct control of L-G. The director of civic bodies will report to the L-G.
The L-G may appoint a team of advisors to help him run different departments of the government.
The police and DDA are already under the direct control of the L-G, who reports to the Union home ministry.
Friday, February 14, 2014
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B S Vohra
RWABhagidari Blog
Voice of Delhi ( RWAs )
East Delhi RWAs Joint Front - Federation
Can Kejriwal's Muhalla Sabha Cure the Abysmal Governance and Delivery of Services in Delhi ?????
Dear Friends,
The Right thing MUST be done the Right Way or else it opens the door for unscrupulous people to use the same Precedence to Subvert Policy. In fact Kejriwal is doing what we in Civil Society had been protesting against during Sheila Dikshit Regime over the past 15 years. She too went about her way without caring to listen to Society or Opposition ...... SO WHAT HAS CHANGED.
Mohalla Sabha ...... aka SWARAJ ...... why is it needed ? We in Delhi are not suffering for Lack of Voice or Representation. Delhi suffers from the Multiplicity of Authority and the Thekedari concept of Governance wherein Archaic systems wherein a fixed Menu of Development, Repair and Maintenance is still followed, while the Needs and Lifestyles of Citizens have seen a sea change.
Kejriwal is putting the Cart before the Horse ..... Delhi does not need 5000 more representatives ..... just as Delhi got nothing from Shiela Dikshit doubling the number of Councillors from 135 to 270 .... other than Doubling the Public Expenditure in maintaining 135 extra Representatives ...... or for that matter Trifurcation of MCD was counter productive as it was done to satisfy Shiela's Ego and without Public Consultation.
Delhi does not need to restructure the Representation System, the RWAs have been successful in voicing all issues that need to be addressed. In fact Kajeriwal should Reflect that he came in and took up the issues that the RWAs had already brought to a Boil ..... may that be the issue of Power Tariffs, Water Privatisation, CWG/MCD Corruption, BRT, Security, Parking etc.
On 12-02-2014 RWAs from all over Delhi met in GK-II and deliberated on this issue. In one voice every speaker rejected the Mohalla Sabha concept. Some members even accused that this was an attempt to build a Cadre like it was done in West Bengal by the Communists. Others said that this move will edge out the Selfless Social Workers and encourage Professional Politicians and Power Brokers to usurp the RWA space ...... and many more arguments were put forth.
It was resolved that various RWAs, NGOs and civil society groups will come on a common platform and hold a protest demonstration at Jantar Mantar on 14-02-2014 at 11:30 am. BE THERE.
FIRST THINGS FIRST ..... PUT GOVERNANCE AND DELIVERY SYSTEM ON TRACK ..... THEN MOHALLA SABHA ..... THAT TOO AFTER PUBLIC CONSULTATION.
Warm Regards,
Rajiv Kakria
|
Thursday, February 13, 2014
How can you overlook the RWAs of DELHI ?
Since last many years, RWAs are raising various Social & Civic issues, regularly, with the concerned authorities, and with great success.
RWAs existed even before the term 'BHAGIDARI' came into existence and RWAs are still alive even after the collapse of Bhagidari.
But we can not understand the motive of the AAP Govt. that wants to sideline the RWAs of Delhi & want to introduce the Mohalla Sabha.
We hereby strongly object & lodge our protest with CM Arvind Kejriwal against Mohalla Sabha by overlooking the RWAs of Delhi.
Please join us to raise a collective voice.
B S Vohra
B S Vohra
VOICE OF DELHI ( RWAs )
rwabhagidari@yahoo.in
Wednesday, February 12, 2014
Electricity Tribunal Dances to His Masters Tune ..... Public interest be Damned
IRONIC ..... UNDUE HASTE ....... STAKE HOLDERS IGNORED ..... OR IS IT APTEL OVERREACH
.....the Appellate Tribunal has directed DERC not to cancel DISCOMs Licence. HOW COZY ..... and pray WHY DID THE ORDER COME ABOUT IN ONE HEARING FLAT ...... and a STAY GRANTED ..... how often have Social Activists seen that happen.
The threats the DISCOMs and NTPC jugal bandi have given to Delhites is none of APTELs concern. When the elected Govt. choses to strike as per the Law on Public Demand ...... we have the full ORCHESTRA playing with APTEL, DERC, NTPC, DISCOMs putting up a command performance.
WE THE CONSUMERS ARE THE STAKEHOLDERS and APTEL had to take our views too ....... we are not willing to be BLACKMAILED.
What kind of Justice is this, Delhites pay their Bills and the Money collected does not reach the GENCOS then who is at fault .....
DERC in 2009 had taken a firm view then ..... and I was part of the Stake Holders who had then asked DERC to throw out the DISCOMs as they have no business defaulting and holding citizens to RANSOM. It is a part of record when we had demanded, hand the distribution to the ARMY for a while and look for a new set of DISCOMS through open Tenders.
DERC had at that time imposed a penalty on the DISCOMS and they behaved for a few years. In 2011 they again defaulted and Shiela Dikshit rewarded them with a 550cr bailout package despite public outcry.
THE ESTABLISHED LEGAL PROCEDURES ARE FAST BECOMMING A SHIELD FOR THOSE IN THE WRONG TO DELAY AND/OR FRUSTRATE EFFORTS TO GIVE RELIEF TO THE AGRIEVED.
DERC and APTEL .... they both have disappointed citizens ..... AND YES DERC HAS NOT FULFILED ITS MANDATE .... had DERC been working for citizens and as per Mandate then by 2007 DELHI would have ended MONOPOLY of DISCOMS ..... and the threats we face today are a direct result of DERC members being Political Appointees.
For once we have someone on our side, listening to us ..... but then its a Minority Govt. ..... does that count ..... :)
Warm Regards,
Rajiv Kakria
|
Monday, February 10, 2014
Is your housing society holding elections?
Is your housing society holding elections?
If not, here are your rights and the things you need to know to challenge the position held by members
SAKINA BABWANI
Girish Shah has been the general secretary of a housing society in Mumbai’s western suburbs for the past eight years. Though he has been managing the society’s affairs, there is a simmering discontent among the residents against him. “He has not conducted fresh elections in all this time,” says a resident. He adds that the entire managing committee has been appointed by Shah and they have been inventing fees and penalties that cannot be legally imposed. However, the housing society members have not taken any concrete action against the ‘powerful’ team.
Elections tend to be a bone of contention among members of several housing societies. “Often, an election is conducted just once and the same person continues to hold the position for years. Society members, too, are usually not concernedunless it causes personal inconvenience to them,” says Ravi Goenka, advocate, Goenka Law Associates. However, you have the right to elect the managing committee of your housing society every five years. If your society refuses to do so, you can lodge a formal complaint.
What you can do In case of a dispute with another member or a grievance over certain practices adopted by the society, you should ideally lodge a complaint with the managing committee. The latter must respond within 15 days of receiving your complaint. If there is no response during this period, you can approach the deputy registrar’s office, which can issue a showcause notice to your society, asking it to explain its stand. After the hearing, if it is found that the members are holding positions without having contested the elections, the existing committee can be dissolved. In its place, the deputy registrar can appoint an administrative officer to run the affairs of the society till fresh elections are conducted. Another option available to you is to approach the cooperative court against your society or even the deputy registrar. You can also file a case with the civil court or lodge a criminal complaint of misrepresentation against such members. The district housing federations, which are established under the provisions of the Cooperative Housing Societies Act for the welfare of the housing societies, can also be approached. “However, for complaints regarding the elections, your best bet would be the deputy registrar as it is the fastest recourse available,” says housing society activist J B Patel.
How should elections be held? Under the Cooperative Societies Act, a proper procedure has been laid down for conducting elections to appoint a managing committee. Ideally, one must start the process about two months before the end of the existing managing committee’s term. The latter is expected to compile a list of members who are eligible to vote, which needs to be put up on the notice board 60 days before the election. Thereafter, the committee must appoint a returning officer to oversee the election. The returning officer cannot be someone who is contesting the election or supporting a candidate.
Changes in the pipeline There are some changes in the offing that will affect housing societies in Maharashtra. In November 2013, the state government announced that it would appoint an election authority to supervise elections in housing societies with more than 100 members. The government is expected to make the announcement by December 2014. “Till such an authority is constituted, you can't conduct elections in your society, even if they are due,” explains Patel.
with thanks : Times Of India : LINK
We want the India on TOP...
Dear Vohra ji,
I totally and wholeheartedly agree with you. But who is responsible? We - all of us, collectively and individually for all the mess created ably assisted by our honoured politicians who are till concerned about the plight of aam aadmi but about themselves. We cannot root out all this and more menace unless all of us join hands unitedly and raise your voice unanimously and universally! But can we achieve this unanimity knowing well all this menace! However, we must try and root out the root cause for all this in a phased and planned manner over a period of time.
Best of luck and blessings,
TK Balu
-----------------
Dear Mr Vohra,
Everyone has the right to desire the way you have. But how and who will do all these big things unless we prepare ourselves, a few pragmatic persons amongs us, with zest and zeal, with honest and clean meaningful means, to take over the present rotten, dishonest, and outdated politicians.
I with all my like-minded persons, are with you always. Pl go ahead ....
M M Lal Bhasin
President
Delhi Electricity Consumers Society
------------------------------------------
Dear Mr. Vohra,
Good thought. Let us pray for prevailing of good sense and good people to achieve the goal.
M. S. Goel
------------
Sunday, February 9, 2014
We want the India on top……..
We
want the India
We
want the India
We
want the India
We
want the India
We
want the India
I
know I have very vast desires or you can say, I want more, more & more. But
if we start this journey, believe me the destination will be quite near &
not as far off, as you might be thinking.
Don't you think so ?
Please revert !
Don't you think so ?
Please revert !
B S Vohra
Monday, February 3, 2014
No budget, but circulars galore for tax payers
Levy of service tax on services provided by RWAs to members - Clarification
In one such instance, the tax department has made a clarification on the service tax chargeable on services provided by resident welfare associations (RWA). RWAs are civic bodies representing interests of residents of specific localities. The membership to the RWAs is voluntary. All resident welfare associations are registered under Co-operative Societies Act.
The services such as providing security to the residential locality are chargeable at 12 per cent service tax. According to the clarification, such a tax will not be levied if the contribution by member is below Rs 5,000 per month. However, if the contribution breaches the Rs 5,000-ceiling, the entire amount would be chargeable under the service tax.
This brings a huge relief for the RWAs and residents who have been struggling with tax demands from the department officials.
“This is indeed a welcome clarification. There was no clarity as to what happens when the Rs 5,000-limit breaches. The tax department has also clarified that even if the amount for services is paid in lumpsum, it will not be charged with service tax,” Bipin Sapra, tax partner, EY, said.
According to the clarificatory circular, “However, a monetary ceiling has been prescribed for this exemption, calculated in the form of Rs 5,000 per month, per member contribution to the RWA, for sourcing of goods or services from third person for the common use of its members. If per month, per member contribution of any or some members of a RWA exceeds Rs 5,000, the entire contribution of such members would be ineligible for the exemption.”
RWAs provide a host of services like maintenance of common areas, facilities including lift, water, health and fitness centre, swimming pool, payment of electricity bills for the common area and lift among other things.
Further, in cases where the RWAs act as pure agents and provide services to its members, like submitting electricity bill of a member to the discom, it will be exempt under the service tax. “Electricity has been one of the major issue as in many cases, RWAs have been acting as pure agent on behalf of residents,” Sapra said.
RWAs, it has now been clarified, will also be eligible for CENVAT credit for the service tax paid, which ultimately will trickle down to benefit taxpayers, Sapra added.
with thanks : Indian Express : LINK
BSES Rajdhani, BSES Yamuna get power supply suspension notices
New Delhi: NTPC on Saturday served notices of power supply suspension to the two Anil Ambani-owned distribution companies in Delhi due to payment issues.
The state-owned utility said BSES Rajdhani and BSES Yamuna had not maintained letters of credit of adequate value, a prerequisite for getting power from NTPC stations.
Since BSES Rajdhani and BSES Yamuna have not been able to provide the requisite payment security mechanism, notice for regulation of power supply for 90 days starting February 11 has been issued to both companies.
A spokesperson for BSES Rajdhani and BSES Yamuna declined to comment on the matter. Anil Ambani is the Chairman of Reliance Infrastructure, which owns the BSES companies and distributes electricity to homes in Delhi and Mumbai.
"In spite of our repeated follow-up and meeting with senior officials of BSES Rajdhani, the company has not been able to give any letter of credit for the full value within seven days, which is a breach of PPA (power purchase agreement) provisions," NTPC said in a notice today to BSES Rajdhani.
In a separate notice, NTPC said BSES Yamuna has not been able to reinstate the letter of credit for the full value so far, which is a breach of PPA provisions.
The Central Electricity Regulatory Commission (CERC) empowers generation companies to regulate power supply in case letters of credit, which are assurances of payment, are not maintained.
"CERC (Regulation of Power Supply) Regulations, 2010, also provide for regulation of power supply in case of non-maintenance of the required letter of credit or other agreed payment security mechanism (PSM)," the company said in the notice.
Last month, BSES Rajdhani re-instituted the letter of credit on January 29, against the due date of January 7, NTPC said, adding that currently there is no letter of credit available.
BSES Rajdhani's last letter of credit was encashed yesterday, leaving a shortfall of Rs 27l.61 crore, NTPC said.
"There is a payment shortfall of Rs 96.07 crore on BSES Yamuna which, as per PPA provisions, should have been paid by January 31," NTPC said.
The present allocation of power to BSES Rajdhani from NTPC stations is l,26l MW and for BSES Yamuna it is 811 MW.
BSES Rajdhani distributes power to over 18.5 lakh customers in south and west Delhi, including Alaknanda, Vasant Kunj, Saket, Nehru Place, Nizamuddin, Sarita Vihar, Hauz Khas, R K Puram, Janakpuri, Punjabi Bagh, Tagore Garden, Vikas Puri, Palam and Dwarka, according to its website.
BSES Yamuna has 13.5 lakh customers in central and east Delhi, including Chandni Chowk, Daryaganj, Paharganj, Shankar Road, Patel Nagar, Krishna Nagar, Laxmi Nagar, Mayur Vihar and Yamuna Vihar.
The other distribution company in the national capital is Tata Power's North Delhi Power Ltd.
With thanks : PTI : LINK