Excelsior... Nation

Check dams bring water to drought-hit West Krishna

VIJAYAWADA, Oct 28: With even borewells sunk to a depth of 100 feet going dry due to the unprecedented drought in Andhra Pradesh this year, the check dams built across Ramileru stream have come as a boon for the people of West Krishna district.

The check dams constructed across Ramileru has helped in achieving one metre ground water recharge on either side of the stream in the district.

Following the construction of the check dams till Ocotber with the help of the Centre’s Rural Infrastructure Development Fund (RIDF-viii) the State Government under the "Neeru Meeru" (watershed development programme) with farmer’s participation, has achieved water recharge has been to a distance of 0.4 km on either side of the stream and 0.6 km down stream.

"It is a tale of success with backwater storage of upto one km," Shaik Salam, the project director, water conservation mission said.

The people of 80 villages in Nuzivid and Bapulapadu mandals experienced for the first time storage of water in the check dams.

The check dams were constructed at a cost of Rs 57 lakh with funds from the National Bank for Agriculture and Rural Development (NABARD) across the rivulets having a basin catchment area of 450 km with a surplus yield of 1.04, Mr Salam told a group of visiting newsmen here recently. The borewells, which had dried up due to long dry spell are now supplying enough water for the fields, Narayana Rao, a farmer said.

Another farmer N Venkateswara Rao, a volunteer for taking up a check dam at Marribandam said every day fellow farmers came in hundreds to see the check dam brimming with water.

"We feel that water is sufficient to meet our requirements till the next monsoon," he added.

A group of villagers led by chief volunteer A Venkateswara Rao in Billanapalli said "we initially did not believe in check dams but are now convinced that water harvesting is the solution to stabilise cultivation in villages which totally depended on rains."

The 12 check dams could store two lakh cubic metres, Mr Salam explained adding that, "we did not insist on contributions from farmers, but they were so enthusiastic that the dams were completed quickly during the lean season." Agriculture Minister V Sobhanadreswara Rao, who recently visited the check dams at Mirzapuram village urged the farmers to plant soil binding varieties so that the floods did not wash away the rich red soil.

As many as 3.25 lakh agave and 82,000 Aloe Vera plant varieties were planted all along the 17 km stream to check the speed of flash floods to ensure percolation when torrential rains occurred, Mr Salam said.

The water conservation mission had taken up dried up well recharge programmes to enable the farmers to harvest the rains in their fields itself by constructing a silt trap and a sump in front of the dried up wells.

The State Government would provide Rs 750 as subsidy for each structure costing Rs 1250 for recharging more than 3400 such wells in the district, he added. (UNI)

EC has exclusive power to decide schedule of polls: SC

NEW DELHI, Oct 28: In a blow to the Centre and the Gujarat Government, the Supreme Court today said that finalisation of the dates of election fell "exclusively" within the domain of the Election Commission and even Parliament could not interfere in that.

Giving a unanimous opinion on the Presidential reference made in the wake of the Commission not holding elections before October, a five-judge constitution bench comprising Chief Justice B N Kirpal, Justice V N Khare, Justice K G Balakrishnan, Justice Ashok Bhan and Justice Arijit Pasayat rejected the two Governments’ view that under the mandate of article 174 six months should not lapse between two sittings of an Assembly and that EC should hold early polls in Gujarat.

Justice Khare, writing the judgement for the Chief Justice and Justice Bhan, said "under the constitution, the power to frame the calendar or schedule for elections for constituting legislative Assembly is within the exclusive domain of the Election Commission and such a power is not subject to any law either made by Parliament or State legislature."

On Article 174, the bench said it applied only to existing assemblies and not to the prematurely dissolved ones.

The Centre and the Gujarat Government had contended that as the Gujarat Assembly had its last session on April 3 before its dissolution on July 19 this year, the elections should have been held to see that six months did not lapse between April three and the sitting of the new Assembly.

Rejecting this argument, the Supreme Court said "neither under the Constitution nor under the representation of the people act any period of limitation has been prescribed for holding election for constituting Legislative Assembly after premature dissolution of the existing one.

"However, in view of the scheme of the Constitution and representation of the people act, the election should be held within six months for constituting legislative assembly from the date of dissolution of the legislative assembly," the bench said.

Referring to the function of EC, Justice Khare said "article 324 was enacted and the superintendence, direction, control and conduct of election was no more left in the hands of the executive but was entrusted to an autonomous constitutional authority i.e. the Election Commission."

On the controversial remark of the EC that President’s rule could be imposed if elections were not held within six months of the last sitting of the Assembly, the bench said as there was no mandate to hold elections within six months of the last sitting in case of a prematurely dissolved House, the question of application of Article 356 did not arise.

Justice Pasayat said "I do not think that the solution suggested by the EC is appropriate or justified."

On the President’s query to determine the correctness of EC view that article 174 would yield to article 324, the apex court said both the articles "operate on different fields and neither article 174(1) is subject to article 324 nor article 324 is subject to article 174 of the constitution."

Under article 324, it was the duty and responsibility of the Election Commission to hold free and fair elections at the earliest, the bench said and added "no efforts should be spared by the commission to hold timely elections."

"Ordinarily law and order or public disorder should not be occasion for postponing the elections and it would be the duty and responsibility of all concern to render all assistance, cooperation and aid to the Election Commission for holding free and fair elections," the bench said.

Justice Balakrishnan termed "democracy" and "free and fair elections" as "inseparable twins and said "the question whether free and fair elections is possible to be held or not has to be assessed by the EC by taking into consideration all relevant aspects. Efforts should be to hold the election and not to defer it." (PTI)

India’s reservations on bringing forestry projects under CDM

NEW DELHI, Oct 28: India and other developing countries today expressed their reservations over the proposed inclusion of land use and forestry projects under Kyoto protocol saying interests of local forest communities should be taken into account.

"Inclusion of land-use, land-use change and forestry for inclusion of afforestation and reforestation activities under Clean Development Mechanism (CDM) should take into account the interest of the local forest communities," Indian delegate N H Ravindranath of the Indian Institute of Science told PTI.

After attending a session on the issue, he said another crucial issue pertains to "additionality" which means that the CDM forestry projects should provide additional benefit over and above the programmes already being conducted in the country.

CDM is a system under the Kyoto protocol which enables developed countries to invest in clean technology projects aimed at reducing greenhouse gas (GHG) emissions.

He said India under its five-year plans already has targets of bringing fixed quantum of hectares under forestry and the proposed CDM projects will be beneficial only if they help in GHG emission reduction in addition to the indigenous programmes.

Moreover, the local forest communities are dependant for their fuel, wood and timber on the forests and the CDM projects should not undermine their interests, he added.

Such CDM projects should not result in "leakage" which means CDM projects at one place cause migration and increased pressure on the ecosystem at another, he said.

India’s stand was supported by other developing countries like Chile and Brazil and NGOs like World Wildlife Fund (WWF).

WWF’s director of climate change programme Jennifer Morgan said ideally the GHG emissions should be controlled at the roots which means cutting coal production rather than deposition of carbon emssions from coal in specially planted trees.

"What is the point of planting trees in Guatemala for carbon emission from coal and oil in the US," she queried.

Ravindranath said inclusion of forestry and land-use under CDM is going to be a painstakingly long process in which the issue will go to the secretariat and subsidiary body for scientific and technological advice (SBSTA) before being taken up at the ministerial level.

At present most of the CDM projects relate to the energy sector, but the developed countries are keen to bring forestry projects under its fold to meet their emission reduction commitments.

Ravindranath pointed out forestry CDM projects are cheaper than ones related to energy and can bring in more ‘credits’ to the developed world.

While Canada said it will be very difficult to measure "additionality" in such projects, India pointed out it can be accounted for as illustrated in the country’s five year-plan projects. (PTI)

Mauritius route most sought after by OCBs: JPC

NEW DELHI, Oct 28: Unscrupulous persons residing in India were suspected to be operating behind the facade of the Overseas Corporate Bodies (OCBs), many of which preferred Mauritius as a favourite haven , the Joint Parliamentary Committee inquiring into the last year’s stock scam has said.

"Some of the OCBs, according to the SEBI investigation, had very nominal share capital ranging from 1 dollar to 10,000 dollars and yet their investment in Indian capital market was very large running into millions of dollars", the report said.

The net outward remittances of 13 OCbs between April 1, 1999 and March 31, 2002 was about Rs 3,850 crore in rupee terms, the JPC inquiring into the stock scam and the temporary freeze on UTI’s flagship scheme US 64 was told.

The issue was also taken up by the Enforcement Directorate which had conducted enquiries by deputing a team of officers to Mauritius, the report said.

Two advance copies of request with regard to the enquiries in respect of first global Mauritius Ltd and 13 other OCBs were delivered in the office of the Director, Economic Crime Office at Mauritius on December 7, 2001 after holding several meetings with them.

Though a Letter Rogatory (LR) was also issued from India in respect of First Global Mauritius, by its order issued in February, 2002, reportedly turned down the request, the JPC was told. Earlier, when the investigating agency SEBI business activities authority (MOBAA) to ascertain the possible role of these OCBs in price manipulation in the Indian securities market, the latter reportedly expressed its inability to do so, said the report of draft committee which is to be finalised soon.

"SEBI got in touch with MOBAA and requested it to provide information as to the names of the actual beneficiaries of these OCBs/subaccounts, sources of funds which have been used for carrying out transactions and how the funds remitted to Mauritius have been used, etc", the report said.

"MOBAA has reportedly informed SEBI that the investigation conducted by SEBI fell outside the ambit of offences which qualify under MOBA act for disclosure order", the JPC inquiring into the stock scam and temporary freeze on UTI’s US-64 scheme said in its draft report which is to be finalised soon.

MOBAA also said "in view of the confidentiality provision they were not in a position to provide sebi with information sought by it about certain ocbs and sub accounts of FIIs," the report said.

SEBI investigations submitted to the JPC also revealed that OCBs have been operating from various tax havens such as British Virginia islands, Panama, Isle of Man etc and Mauritus has been the favourite place for more than 80 per cent of the OCBs who registered themselves in the country.

Stating that large number of OCBs operated from common addresses, the SEBI report submitted to the JPC, said around 60 OCBs shared a particular post box number as address.

"It appears that these addresses which are shown as registered offices of these OCBs are actually belonging to Chartered Accountants which provide financial services to these OCBs’ clients", the SEBI investigations revealed.

It was also stated that some financial service providers conduct general body meeting over phone in some case and merely filed necessary papers in Mauritius, says the JPC draft report.

The JPC, while asking the SEBI to complete its investigations on market manipulations by OCBs and take appropriate action against offenders, has suggested reviewing the ban on these bodies.

The committee would like the Government to review the ban imposed on OCBs and clearly lay down the responsibility to a particular agency to oversee the OCB operation, the report said while calling for a fresh look at their operations after an in-depth study of inflows and outflows on a holistic basis. (PTI)

Gujarat Assembly polls on Dec 12

NEW DELHI, Oct 28: Assembly elections in riot-hit Gujarat will be held on December 12, the Election Commission announced this today

While the notification for election to the 182-member House would be issued on November 18, the last date for filing nominations will be November 25 followed by scrutiny of papers the next day.

The last day for withdrawal of candidatures will be November 28 and counting of votes cast through electronic voting machines (EVMs) will take place on December 15. The nine-hour polling on December 12 will begin at 0800 hours.

Announcing the schedule after a full commission meeting, Chief Election Commissioner J M Lyngdoh said the model code of conduct would come into effect from today barring the Centre or State Government from giving sops to the electorate. The code would apply to all political parties.

Asked if the commission was convinced that free and fair elections in Gujarat could be held under the Narendra Modi Government, the CEC said "we will not do it if we had any doubt at all..... Now the Gujarat Government is in a mood to comply".

Keeping in view the communal situation in the State that witnessed largescale violence earlier this year, Lyngdoh, along with other Election Commissioners T S Krishnamurthy and B B Tandon, said the commission has sought 40,000 para-military personnel from the Centre for the smooth conduct of the elections.

The commission by its order on August 16 had rejected the plea of the Modi Government for early elections observing that the situation in the State was not conducive for free and fair polls. While the term of the Gujarat Assembly was due to expire on March 18 next year, Modi had prematurely dissolved the House on July 19.

The Centre had referred the commission’s controversial order for an opinion to the Supreme Court which today held that the election to a prematurely dissolved State Assembly can be held after six months.

To repeated queries whether the minorities would be in a position to exercise their franchise freely, Lyngdoh said "we are not psychologists nor are we social workers keeping in constant touch with the people. We are quite aware about our own limitations. We will give them all conditions to allow them to vote".

On the current situation, he said "the situation is alright. But we are not taking any chances. For that reason, we have sought a large force from the Home Ministry to keep the mischief makers away".

On the people displaced from the State, the CEC said of the four lakh missing, 1.76 lakh have been relocated and would vote from wherever they are including Maharashtra, UP, Rajasthan and Madhya Pradesh. The rest 2.24 lakh people are yet to be located, he said.

"All efforts are being made to locate these shifted voters both within the State as well as in the neighbouring States, where they are likely to have migrated, to provide them with the facility of casting their votes from their present places", he said.

Along with Gujarat Assembly polls, bye-elections will be held for three vacant Lok Sabha seats of Mehsana (Gujarat), Godda (Jharkhand) and Nainital (Uttaranchal).

Vacancies in three State assemblies would also be filled with bye-elections to Daporiji (Arunachal Pradesh), Khumtai (Assam) and Bansur, Sagwara and Bali (all three in Rajasthan).

Asked if the commission had suggested imposition of President’s rule in Gujarat after it turned down Modi Government’s plea for early polls, Lyngdoh said "we never demanded President’s rule. We made no demand for (invoking of) Article 356".

Observing that revised electoral rolls in Gujarat were published on October 16, he said the special revision resulted in inclusion of a substantial number of persons displaced during the riots, and who had not returned to their original place of residence on account of various reasons.

"We have reasons to believe that most of them shifted for economic reasons and not for riots. Surat, for example, was hardly affected by riots but migration took place there. The economic slump after the September 11 terrorists strike in the US could have contributed to the migration," he said.

Lyngdoh said in order to ensure that elections were conducted in the "most" conducive conditions so that the "little voter", whatever be his denomination or background, was free to vote, the commission has had separate discussions with Union Home Secretary and Chief Secretary and senior officers of the Gujarat Government.

Lyngdoh said "a detailed exercise on security and other related measures has been carried out for smooth and proper conduct of elections. The security requirements have been worked out on the basis that it will be a one-day poll".

Asked whether the commission decided on the polls under pressure from Modi Government, he shot back saying "who can pressurise the commission".

The CEC said after taking into consideration all factors, the commission has decided to use EVMs in all Assembly constituencies in Gujarat as well as for the bye-elections to Lok Sabha and Assembly seats.

In consonance with the past practice, he said the commission has decided to make identification of voters compulsory in Gujarat and for the bye-elections.

In order to ensure that no voter is deprived of his franchise in case his name figures in the electoral rolls, lyngdoh said separate instructions would be issued to allow additional methods of identification in each State.

The model code, he said, would apply to Gujarat and the whole of the district in which Lok Sabha and the Assembly elections would be held.

Stating that a door-to-door verification of electors was carried out in 23 districts of Gujarat covering 152 Assembly constituencies between August 28 and September 18, he said the commission has closely monitored the entire process through special observers and its officers who gave "pretty useful feedback".

Lyngdoh said "the current round of elections in Gujarat is going to be held in a somewhat extraordinary situation. The commission is confident that all players in this exercise —the political parties, the candidates, the voting public and the entire election machinery — will fully appreciate the need to conduct the democratic exercise in a free, fair and peaceful manner, observing necessary restraint and discipline.

"The commission on its part will spare no effort to uphold the best democratic traditions in the country", he said.

To a question if the diplomatic corps had approached the commission for assistance to witness the Gujarat polls, he said, "not so far". Media, both national and international, would be provided all facilities to cover the elections as had been done in Jammu and Kashmir, the CEC said. (PTI)

NGOs accuse Saudi Arabia, US of stalling concrete action

NEW DELHI, Oct 28: NGOs at the ongoing UN conference on climate change today accused Saudi Arabia and the United States of trying to stall any concrete action on the climate change issue.

Climate action network, an umbrella organisation of various national and international NGOs, said it was clear from the plenary discussion on Delhi declaration last week that these two countries did not want any concrete action on reduction of greenhouse gas emissions and adaptation to adverse effects of climate change at this eighth conference of parties to United Nations framework convention on climate change.

"Saudi Arabia and the US are trying to polarise the discussions and it is clear that the former does not want any current or future action on climate change," Jennifer Morgan of WWF told reporters here.

Both are trying to create a false polarisation and if this continues the main issues will be sidetracked, Ma Athena Ronquilo-Ballesteros of Greenpeace said adding there are serious gaps in meeting commitments by North.

Last week, while none of the develped countries asked the developing countries to take up target commitments to reduce GHG emissions, Saudi Arabia said the industrialised world wanted it. However, the US, reportedly, refused to ratify the Kyoto protocol because it does not set any targets for China and India.

This is an attempt to create confusion, Morgan said adding though the protocol is inadequate in checking the problem of climate change it is at least a first step and Delhi conference is an opportunity to chart the path forward. The NGOs urged Russia to ratify the protocol as soon as possible and Morgan said according to a study in the US the pubic was infavour of ratifying the protocol.

"We are also trying to build up pressure on the US through public support," she added.

Meanwhile, environment and forest minister and CoP8 president T R Baalu gave an informal proposal on the Delhi declaration today which included promoting sustainable development, protecting climate from human induced changes, adhering to the principle of common but differentiated responsibilities, international cooperation, clean technology transfer, adaptation and fulfilling of commitments by industrialised nations.

The draft proposal has been sent to the delegations of different countries for suggestions.

The NGOs stressed that the world needed to get to an emission path that allows no more than two degree’s change in the global temperature while allowing for sustainable development.

They asked for immediate ratification by Russia, Canada, US and Australia and effective implementation of the convenion and protocol.

They also asked for fair and adequate public participation in decision making and implementation. (PTI)