Saturday, April 30, 2011

Jan Lokpal Bill Crusader Shanti Bhushan falls victim to the National Sport of India---Land Speculation

Jan Lokpal Bill Crusader Shanti Bhushan falls victim to the National Sport of India---Land Speculation

By Robby Sharma..30-04-2011-sharmarobby@hotmail.com

1. Mr Shanti Bhushan was recently accused of getting two Farm House Plots from U.P. Government in NOIDA at throw away prices.

2. While there may be no illegality in the matter yet the fact remains that he has declared Assets of more than hundred Crores of Rupees and these include many Plots, Flats & House properties.

3. Please refer to my Post on sharmarobby.wordpress.com of 27-07-2006, in which I had mentioned about the Ill effects of hoarding of Land and how Speculation In Land has become the National Sport of India. I had written:-

4. Speculation in land has become the national Sport of India & Indians, every body including Governments, State Instrumentalities, politicians, Traders, Government officers & officials, Judges & other rich & powerful persons are engaged in buying, hoarding & selling at profit, land all over the country.

5. Now the point is that why such a situation has arisen that the poor people have to encroach upon these lands & live in worst conditions than even Beasts in small hovels. Talking about Kanpur when Jawaharlal Nehru visited Kanpur, soon after independence, in the early Fifties, he used these very words when he visited a few hataas on G.T.road in Kanpur. Since then ten five year plans have gone by & the nett result is that now there are fifty times more such Beast like creatures(poor slum dwellers), living in smaller hovels. The situation is the same in all the cities of the Country.

6. lakhs of poor are being evicted from their skimpy shelters (over Government Lands, from the roads, from the railway lines, from the drains, from the footpath land, from above the sewer nalas, from the patris besides the canals, from Sewerage carrying cement pipes stored near the roads) by these lion hearted men of the Government departments with police help.

7. I had noted the following :-

8. Government Instrumentalities are hoarding the acquired lands (acquired on a large scale from hapless farmers even at as low a price as a few nai paise per square meters & the same land after hoarding is being sold at thousands of rupees per square meters) like Sukkhi lala of Mother India (who used to hoard grain & ask for the honor of needy women in return for it)& releasing land in small quantities of schemes of a few acres each thus creating a artificial shortage of land & jacking up the prices every now & then, the release price bears no resemblance to the cost of acquisition & the increase in rates are wholly unjustified. While all the other necessities of life including income of honest Countrymen have seen a jump of about 30 to 50 times over the last fifty years, the price of Land has gone up by about two thousand times, taking it beyond the means of the majority.

9. The high cost of the basics of life is turning everyone in to thief those in the Government who are not on seats of power & thus denied extra income by way of bribes are being forced to resort to other questionable means to supplement their incomes. The Army is being charged of selling off petrol during transportation & instead carrying water in its tankers & dumping in the fuel dump(case reported from Jammu recently) then there was the News of selling off of subsidized Liquor of Army Canteens in to the open market by Army Generals. Such a situation is deplorable but how do you expect a well read, sophisticated Army Officer to to buy a House for himself which in keeping with his status can cost upwards of Rs one Crore in a good-sized City.(actually in delhi mumbai & metros it can cost upwards of five crores) Are you paying that kind of a Salary to him ( More recently there has come to light a ghotala by the Army generals & other officers in Dal/Rations while yet another general is accused of Ghotala in purchase of meat ..) Therefore by allowing for large-scale speculation in land the Government is destroying the Institution of the Army as well.

10. I had made the following Suggestions:-

i. Ceiling Act which was repealed in 1999 has to

be re-enacted(after removing the

discrepancies under the earlier law) if the

Country is to be saved. There should be

a ceiling of 300 to 500 sq meters per family in

the case of plots & 3500 to 4000 Sq feet

in case of Flats & this ceiling should be the

maximum that a family should be allowed

to buy in the entire country & should apply to

all towns above100000 (one lakh) Population.

ii. Owners of all vacant plots in excess of this

limit should be allowed one years time to

sell them after which they should be acquired

at maximum of one twentieth of the declared

price of acquisition by them.

iii. Ban Sale of Agricultural land in the cities &

beyond 10 kilometers of their present boundaries to those whose families did not hold agricultural lands at the time of Agrarian reform Acts. This ban not to apply to qualified builders

iv. Give exemption to qualified builders

including exemption from stamp duty with the

restriction that they will have to complete

their Schemes within 5 years, by which time

all the land/flats built by them as per the

layout plan should be sold & registered

in favor of purchasers.

v. Allow a minimum of 2.00 as F.A.R & in case

of lesser ground coverage an

F.A.R of up to 3.50.Relax Master Plan

Density provisions to more realistic levels.

vi. While providing for a maximum F.A.R,

provide for a minimum F.A.R as well so

that only the needy buy the scarce land. Thus a minimum F.A.R of at least 1.5 should be enforced. Fix property tax rates on this basis. Start charging penal rates of property tax on properties which do not consume this minimum F.A.R within two years of purchase. Provide for compulsory Acquisition of all un-built-upon plots at a maximum of 50 % of the cost of its acquisition by the purchaser if they do not consume the minimum F.A.R. within five years of purchase.

vii. The minimum permissible F.A.R to be compulsorily occupied ,Thus an unoccupied dwelling unit to attract penal rate of property tax as compared to an occupied one.

viii. Immediately by a Central Act/ Constitutional Amendment , the Rent Control Acts in all the States should be revoked or amended to take out all portions above 200 square meters from its application . As it is the political parties/ Politicians are the only beneficiaries of these Rent Acts, they are occupying acres & acres of prime properties in the Cities & paying a negligible sum as rent while Lakhs of owners of these properties have died of starvation. The tenants of portions up to 200 sq meters should (subject to owners willingness) be given an option by way of right to buy their portions at 50% of the market rates, failing which they would have to vacate.

ix. Bring down the Stamp duty to maximum of 2

%.

x. Ensure for provision of minimum 50 square

meter of Housing land to all slum dwellers

free of cost or at rates affordable to them

based on the average earnings of Indians

after excluding the earnings of the higher

earning ten % of the population.

xi. Amend the Indian Registration Act & Indian

Stamp Act & exclude lease/rent deeds up to ten years from imposition of the Stamp duty, this will give sense of security both to the owners & tenants, who will be able to enter in to a contract (presently eleven month contracts are being made to avoid stamp duty which are useless as the time period is impractical) &this will prevent lakhs of litigations.

Xii. Acquire all surplus lands lying idle with

Government departments, Mills & shift the

Government Officers to modest

accommodations & reclaim this land &

redistribute it to the poor free of cost.

xiii. Give these lands on lease, free of cost to Educational Institutes who under take

to impart quality Professional Education at

affordable rates to the Citizens.

xiv. In Cantonments, allot surplus lands to Professional Institutes on lease, free of

cost & reserve 100 % of the seats in these colleges for Children of army men.

xv. Declare all Agricultural lands within 5-20 kilometers of cities (depending on their population) as freely convertible to Residential Commercial uses. In addition to this all Agricultural lands on both sides of major roads within say two kilometers to five kilometers(depending on the width of the Major road/highway)should also be declared as freely convertible& Reasonable Restrictions may be put which are easily affordable Otherwise what will additionally happen is what has already happened i.e. the majority have turned in to thieves by breaking the unaffordable & unreasonable restrictions put on User of Land.

xvi. In keeping with the Socialistic Character of

Indian Constitution, it is imperative that the

following steps are taken at once & needed Law

passed:-

1. Shift the President of India to a more modest accommodation & either sell the real Estate of Rashtrapati Bhavan & use the money to provide Houses to the needy in Delhi or to settle the needy right on its site.

2. Restrict the Ministers of the Union & the States to Bungalows of maximum 2000 Square meters.

3. Restrict the Prime Minister & Chief Ministers of the States to Bungalows of maximum 4000 Square meters.

4. Restrict the Members of Parliament & the Members of Legislative Assemblies to Bungalows of maximum 1000 square meters Or Multistory Flats of Maximum 500 Square meters floor area.

5. Restrict the I.A.S Officers & I.P.S officers to Bungalows of maximum 500 square meters Or Multistory Flats of Maximum 400 Square meters floor area.

6. Restrict the other Central & State Government Officers to Bungalows of maximum 350 square meters Or Multistory Flats of Maximum 300 Square meters floor area.

7. Use the saved lands for benefit of the poor.

11. I hope that Sri Anna Hazare will work

towards this end and will further prevail upon his colleague Sri Shanti Bhushan to dispose off all Landed properties owned by him in keeping with the Socialist character of the Constitution so that none in India is deprived from a Roof over his head.

Launder Black Money & Bring it Back to India-2

Launder Black Money & Bring it Back to India-2

22-04-2011 by Robby Sharma --sharmarobby@hotmail.com

Steps--

1) Earn Lots of Bribe or lots of Crime Money or plain black money & Send it to a Foreign Tax Haven by Havala and park it there in a secret Account preferably in the name of a company of your friend / relative.

2) A firm/company(called unit) is made in the name of the person in India who wants to convert black money into white for developing software and exporting it and gets it registered at Software Trading Park of India(STPI).

3) The units gets enquiry from abroad from the fictitious company formed by you in Tax Haven Country regarding export of software to that Company .

4) Thereafter, your Indian unit gets confirmed orders from the Client (your Company in Tax Haven) at VERY HIGH PRICES in comparison to the work required to be done for developing software as required by the client.

5) Your Indian unit gets the software developed from open market (but shown on papers as it has been developed

by the unit) and gets it checked and approved by STPI (to whom of course some bribe is paid).

6) After getting vet by STPI the software is uploaded through internet and exported to the Client, your tax Haven Company, who sends you payment converting your Black Money in to white.

7) In case you are unable to send your black money by Havala to a Tax Haven & open a Account there or open a Company there ,there are operators who will provide the Foreign Client Company for you for a small fee and in that case they will collect the cash (Black money) from you in India and the Client sends the payment from abroad. Thus the black money gets converted into business (WHITE) money.

8) This exercise of conversion is carried out in view of the provision of Section 10B of the Income Tax Act,1961 which states that 100% profit of the unit is exempted from tax in case it is a hundred percent export oriented undertaking and produces or manufactures article or computer software.

9) there are thousands of such Fictitious Software Exporting Companies in India approved by STPI.

Wednesday, April 06, 2011

Jan Lok Pal Bill proposed and drafted by Anna Hazare & his Team. Whether it is Unconstitutional?

Jan Lok Pal Bill proposed and drafted by Anna Hazare & his Team. Whether it is Unconstitutional?

06-04-2011

Sir

Contrary to what the Government Spokesmen have been claiming on TV channels, there is nothing in the Constitution of India which prevented private Citizens from proposing a BILL however the Parliament afterwards made the procedure for conduct of its business and then made provision only for Government Bills and Private Members Bill. Even then the Bill only needs to be introduced either by a Minister or a Private Member. There is nothing in the Constitution which says any thing about drafting of the Bill. Therefore the stand of the Government that by allowing privately drafted bill it will mean opening a Pandora’s Box and Unconstitutional is totally Wrong.

Whether Civil Society can Join in Drafting of Jan Lok Pal Bill

06 April-2011

1. There is nothing in the Constitution about who will draft the Bill.

2. In the Constitution there are only two types of Bills, Money Bills and other Bills. There is nothing in the Constitution which disallows Private Citizens Bills.

3. Later on, when the Parliament made rules for conduct of Business, they provided for two types of Bills, Government Bills to be introduced and not necessarily drafted by the Minister of Concerned Department and Private Members Bill, to be introduced and not necessarily drafted by the Member of Parliament.

4. That thus the Government has merely to take the Jan Lokpal Bill drafted by the Team of Anna Hazare and after due deliberations, GET IT INTRODUCED BY THE MINISTER OF THE CONCERNED DEPARTMENT AND GET IT PASSED. Or A private Member of Parliament can take it and introduce it in Parliament.

In British & American Parliament/ Congress, private Citizens Bills are allowed to be introduced and passed for certain purposes. Some extracts are as below:

Robby Sharma

865, Block-B, Panki Kanpur.208020

Email—sharmarobby@hotmail.com Mob-91-9415438326

Bills in British Parliament

Different types of Bills can be introduced by:

· The government

· Individual MPs or Lords

· Private individuals or organisations

There are three different types of Bill: Public, Private and Hybrid Bills. There is also another kind of Public Bill called Private Members' Bills.

Private Bills are usually promoted by organisations, like local authorities or private companies, to give themselves powers beyond, or in conflict with, the general law. Private Bills only change the law as it applies to specific individuals or organisations, rather than the general public. Groups or individuals potentially affected by these changes can petition Parliament against the proposed Bill and present their objections to committees of MPs and Lords.

How Private Bills start

Bills can start in either House. The formal stages of Private Bills are broadly the same as Public Bills.

Letting the public know

Parliament requires that Private Bills are publicised through newspaper adverts, official gazettes of local areas, and in writing to all interested parties. People directly affected by a Private Bill - for example, residents near a proposed site for a new cemetery - should also be informed.

Petitioning against Private Bills

Any group or individual directly affected by a Bill's proposals can object to it through petitions, examined and considered by committees of MPs and of Lords. Further details on drafting a petition are available from the Private Bill Offices in the Commons and Lords.

Private Bills before Parliament 2010-11

Listed below are all Private Bills currently before Parliament. Any Bills which start in the Lords have [HL] in their title. Explanatory Notes and Amendments are on each Bill's individual page.

Bills search options:

1.

2.

3.

Current
House

Bill title

Last updated

A

Royal Assent

Allhallows Staining Church Bill [HL]

04.02.2011

B

Commons

Bank of Ireland (UK) plc Bill

04.04.2011

C

Lords

Canterbury City Council Bill

20.10.2010

Lords

City of London (Various Powers) Bill [HL]

27.01.2011

Lords

City of Westminster Bill [HL]

28.10.2010

K

Royal Assent

Kent County Council (Filming on Highways) Bill [HL]

04.02.2011

L

Lords

Leeds City Council Bill

17.03.2011

Commons

London Local Authorities Bill [HL]

03.04.2011

Commons

London Local Authorities and Transport for London (No. 2) Bill [HL]

31.03.2011

N

Lords

Nottingham City Council Bill

20.10.2010

R

Lords

Reading Borough Council Bill

20.10.2010

T

Lords

Transport for London (Supplemental Toll Provisions) Bill [HL]

29.11.2010

Lords

Transport for London Bill [HL]

10.02.2011

Allhallows Staining Church Bill [HL] 2009-10 to 2010-11

Read the Act
All Bill documents

Type of Bill:

Private Bill

Parliamentary agents:

Bircham Dyson Bell LLP

Promoted by:

The Clothworkers' Company

Petitioning period:

Lords: 26.1.2010 to 8.2.2010 Commons: 19.3.2010 to 29.3.2010

Progress of the Bill

Bill started in theHouse of Lords

1. House of Lords

1. 1st reading

2. 2nd reading

3. Committee stage

4. 3rd reading

2. House of Commons

1. 1st reading

2. 2nd reading

3. Committee stage

4. Report stage

5. 3rd reading

3. Consideration of Amendments

4. Royal Assent

Last event

· alt="Royal Assent" title="Royal Assent" v:shapes="_x0000_i1052">Royal Assent 27 July, 2010 | 27.07.2010

Latest news on the Bill

The Bill received Royal Assent on 27 July 2010. It is now an Act of Parliament (i.e. it has become law): Allhallows Staining Church Act 2010 (Chapter v).

Petition information

The Bill received Royal Assent on 27 July 2010. It is now an Act of Parliament (i.e. it has become law): Allhallows Staining Church Act 2010 (Chapter v). There will be no further opportunities to present petitions against this Bill.

Summary of the Bill

This Bill removes certain statutory restrictions applying to land which makes up the site of the former church of Allhallows Staining, its churchyard, and other adjoining land in the City of London. It would:

· repeal sections 4(2)(b) to (e) of the Allhallows Staining Churchyard Act 1961 to remove certain restrictions placed by the 1961 Act on the churchyard relating to the licensing process when seeking to disturb a grave; accessing a grave in the churchyard; access rights of the incumbent of the united benefices of St Olave Hart Street, Allhallows Staining and St Katherine Coleman; and the erection of buildings on the churchyard

· make provision for the legal use, development or disposal of the land stipulated in the Bill. It would, however, be necessary to obtain permissions from any individuals affected along with the normal planning and listed building consents

· impose detailed procedures to be followed by the company (the Livery Company known as the Clothworkers’ Company - the sponsor of the Bill) when seeking to remove human remains

· make provision for the removal and re-erection of tombstones and memorials. The selection of the new location would be agreed by the relative of the deceased person or their representative

UNITED STATES OF AMERICA

Legislation, Laws, and Acts


Chapter 1: Bills
Chapter 2: Joint Resolutions
Chapter 3: Concurrent Resolutions
Chapter 4: Simple Resolutions

Bills

Bills are prefixed with H.R. when introduced in the House and S. when introduced in the Senate, and they are followed by a number based on the order in which they are introduced. The vast majority of legislative proposals are in the form of bills. Bills deal with domestic and foreign issues and programs, and they also appropriate money to various government agencies and programs.

Public bills pertain to matters that affect the general public or classes of citizens, while private bills affect just certain individuals and organizations.

A private bill provides benefits to specified individuals (including corporate bodies). Individuals sometimes request relief through private legislation when administrative or legal remedies are exhausted. Many private bills deal with immigration–granting citizenship or permanent residency. Private bills may also be introduced for individuals who have claims again the government, veterans benefits claims, claims for military decorations, or taxation problems. The title of a private bill usually begins with the phrase, "For the relief of. . . ." If a private bill is passed in identical form by both houses of Congress and is signed by the president, it becomes a private law.

When bills are passed in identical form by both Chambers of Congress and signed by the president (or repassed by Congress over a presidential veto), they become laws.

Joint Resolutions

Joint resolutions are designated H.J. Res. or S.J. Res. and are followed by a number. Like a bill, a joint resolution requires the approval of both Chambers in identical form and the president’s signature to become law. There is no real difference between a joint resolution and a bill. The joint resolution is generally used for continuing or emergency appropriations. Joint resolutions are also used for proposing amendments to the Constitution; such resolutions must be approved by two-thirds of both Chambers and three-fourths of the states, but do not require the president’s signature to become part of the Constitution.

Concurrent Resolutions

Concurrent resolutions, which are designated H.Con. Res. or S.Con. Res., and followed by a number, must be passed in the same form by both houses, but they do not require the signature of the president and do not have the force of law. Concurrent resolutions are generally used to make or amend rules that apply to both houses. They are also used to express the sentiments of both of the houses. For example, a concurrent resolution is used to set the time of Congress’ adjournment. It may also be used by Congress to convey congratulations to another country on the anniversary of its independence. Another important use of the concurrent resolution is for the annual congressional budget resolution, which sets Congress’ revenue and spending goals for the upcoming fiscal year.

Simple Resolutions

Simple resolutions are designated H.Res. and S.Res., followed by a number. A simple resolution addresses matters entirely within the prerogative of one house, such as revising the standing rules of one Chamber. Simple resolutions are also used to express the sentiments of a single house, such as offering condolences to the family of a deceased member of Congress, or it may give "advice" on foreign policy or other executive business. Simple resolutions do not require the approval of the other house nor the signature of the president, and they do not have the force of law.