1. Price : Rs.2 Page : 8RNI No. : MAHENG/2011/38665
INDIA'S LOCAL NEWSPAPER
Vol.:2 Issue:46 Monday, 13th to 19th May 2013
Page .......2
Top billing for skill
Page .......3
Doctors in dock for giving anaesthesia,
causing death
Page .......8
Uddhav wants Mahalaxmi Racecourse
garden to be named after Bal
Thackeray
Inside
INDIA'S LOCAL NEWSPAPER
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LBT IS FAITH-BASED
GOVT EXPECTS TRUTHFULACCOUNTS
OFIMPORTS: PRITHVIRAJ CHAVAN
C o n s u m e r s
across Maharashtra
are hard hit due to
traders' agitation
against the implemen-
tationoflocalbodytax
(LBT).Inanexclusive
interview with Sanjay
Jog, the Maharashtra
chiefMinisterPrithviraj
Chavan explains the
government's stand.
Excerpts:
Despite your re-
peatedappealsandthe
clarificationonthena-
ture of local body tax
(LBT), why are trad-
ers across the state up
in arms? Why this
stand off?
TheGovernmentis
committed to abolish-
ing octroi, which is
widely acknowledged
to be a regressive tax
thathasbeenabolished
everywhere else in the
Country. It impedes
free flow of goods and
is prone to corruption
and leakages. Despite
all its known draw-
backs, the system of
Octroi continued in
Maharashtra, longer
than anywhere else as
it was the backbone of
municipalfinances.So
while considering the
issue of abolition of
Octroi, the most im-
portant consideration
before the State Gov-
ernment was that the
alternativeshouldhave
the same yield and
buoyancy as octroi, its
incidenceshouldbeon
the same category of
taxpayers and it must
protect the financial
autonomyofthelarger
urban local bodies.
Afterin-depthcon-
sultations with all
stakeholders,thealter-
nativeofLBTwasfor-
mulated and the legal
provisions and rules
regarding LBT were
framedsubstantiallyin
accordance with the
recommendations
made by the represen-
tativesofvarioustrade
organisationsinAugust
2009.
For municipal cor-
porations other than
Mumbai, the law for
LBT was duly passed
by the state legislature
in December 2009 af-
ter extensive delibera-
tionandtheStateGov-
ernmentisaccordingly
implementing the
same. Over the last
three years, LBT has
already been success-
fully introduced in D-
class corporations
across the State.
As far as Mumbai
is concerned, the nec-
essary provisions for
introduction of LBT
are yet to be incorpo-
rated in the Mumbai
MunicipalCorporation
Act, which, in turn
would require legisla-
tive approval.
The Government
has recently set up a
high-level committee
undertheChiefSecre-
taryforinteractingwith
all the stake holders
andrecommendingfur-
ther improvements in
the system of LBT.
Despite the afore-
said obvious merits in
thesystemofLBT,cer-
tain sections of Trad-
ers are opposing LBT,
out of certain misgiv-
ingsandapprehension
about harassment at
the hands of the mu-
nicipal officials in the
form of malafide
search, seizure and as-
sessment.
You have been
under attack even
fromyourownparty
leaders, some of the
MPs met Sonia
GandhiagainstLBT.
What is your take?
Have you received
any directions from
partyhighcommand
for a review of LBT?
Much of the oppo-
sition was due to lack
ofclarityaboutthistax
whichwasimposedas
analternationtooctroi
by a legislation by the
both Houses of the
State Legislature in
December 2009. This
not a recent decision.
(Cont on page 2)

2. PAGE 2INDIALOCALMonday,13thto19thMay2013
Editorial
The BJP seems to have transformed from
the principal Opposition party to the party of
perennial protest. For weeks now, as it held
up Parliament, its grouse was that the UPA
government was not showing railway minister
Pawan Kumar Bansal and law minister
Ashwani Kumar the door. It has done so now,
though somewhat belatedly. Now, the BJP
has upped the ante and wants nothing less
than the prime minister's resignation, to add
to the long list of people whose departure
from government it has sought in the past. It
now says it will launch a jail bharo andolan
across the country, something which would
be more in keeping with the mercurial
Trinamool Congress chief Mamata Banerjee
than the main Opposition party.
Unkind though this may be, many might
think that these theatrics are a ploy to cover
up for the fact that the BJP does not have
any real agenda of its own or indeed any ideas
to counter the government's schemes which
it does not approve of. It also plans to use
the andolan to explain to the people why it
did not let Parliament function. It should not
be too surprised if it finds that its
explanations have few takers. The BJP
leadership owes it to the people to ensure
that the party functions in a constructive
manner even when it acts as a check on the
government. The UPA has time and again said
that it would like the BJP and its allies to
debate contentious issues in Parliament. But
the latter has taken the easy way out and
blocked the functioning of the House.
The BJP may think that by tripping up the
government, it will win accolades from the
people. It could not be more off the mark.
They have been voted to Parliament to make
policies and laws, not to be a burden on the
exchequer and indulge in street corner
politics. There is no doubt that the
government has erred on many counts. But
by wasting taxpayers' money by creating a
policy gridlock, the Opposition is doing a
great disservice to the people who have voted
for it. By constantly indulging in the politics
of obstruction, the Opposition is highlighting
its poverty of ideas and imagination. It should
put aside its counterproductive histrionics and
come up with a proper counter to the
government's policies, if it can. By behaving
in the manner it is doing now, it is allowing
the government to get away with a lot more
than it should. The Opposition is the
government-in-waiting. But at the rate it is
going now, it looks like it will be waiting for a
mighty long time before it gets anywhere near
the corridors of power.
Giving India a
negative charge
TOP BILLING FOR SKILLThe United Kingdom, once the bellwether state
for the Indian migrant, has further signalled its
intention to lower the portcullis on new immigrants.
The indications in the annual Queen's Speech were
driven in part by the UK Independence Party's
recent council election successes and its virulently
anti-immigrant stance. However, the UK lifted
the drawbridge on immigrants from India years ago
leaving only one or two paths for legal migration
from countries outside the European Union.
A similar immigrant icon seems set to tumble
in the new draft immigration bill being debated in
the United States. Though it is not clear if this bill
will become law, nonetheless it reflects a general
sentiment in American immigration thinking by
taking direct aim at the Indian techie worker
crossing the world on a wing, prayer and an H-1B
visa. Then there are the new indigenous hiring
requirements being pushed by Persian Gulf
nations, most notably SaudiArabia. This threatens
a different immigration story - one centred around
working class economic migrants from South India
who sought their fortunes in West Asia's
construction boom. The global picture in
immigration is actually far more mixed. Icons of
the past may be tumbling, but they seem set to
be replaced by new ones that will continue to
provide opportunities for Indians seeking to go
overseas. The overwhelming new trend is a global
shortage of highly-skilled labour and a hunt for
entrepreneurial talent. The US bill may partly close
the H-1B door, but it pushes the one for students
in science and technology wide open. It also seeks
to make citizens of them, rather than merely use
them for labour arbitrage. This reflects a general
worldwide trend, from Singapore to Sweden, of
looking for immigrants of enterprise. The middle-
class immigrant is the flavour of a post-financial
crisis world and this means a greater desire for
immigrants to become full-fledged citizens.
LBT IS FAITH...
I have written to all the MPs and MLAs.
Further your co partner NCP has also
targeted you demanding a review and a com-
mittee comprising senior ministers. Besides,
NCP wants the issue to be discussed in the
coordination committee. Is it a plan to cor-
ner you?
This law was passed by our government in
2009.ThelawisyettobeamendedforMumbai.
Wewilldiscussthisinourcoordinationcommit-
tee.
How is LBTdifferent from Octroi?Trad-
ers are alleging inspector raj, complicated
paper work and harassment from civic offi-
cials. What is your comment?
LBT, like Octroi, is levied and collected by
theMunicipalCorporationongoodsbroughtinto
the City for consumption, or sale. However, un-
like octroi, LBT is account-based, whereas oc-
troiusesstrong-armmethodsofstoppingincom-
ing goods at nakas for recovering the tax, LBT,
being account-based, is a faith-based levy,
wherein the Government expects the importers
tomaintaintruthfulaccountsoftheirimportsand
paytheirtaxesaccordingly,filingjusttworeturns
every year in the process. LBT is expected to
promotetransparencyinfinancialtransactions.
Traders are demanding increase of one
per cent inVAT instead of LBT. Is it doable?
A: Some people opposing the LBT are sug-
gestinganalternativemethodinvolvinglevyofa
surcharge on VAT which is proposed to be col-
lectedwithinmunicipallimits.TheStateGovern-
ment has studied this option and doesn't find it
suitable for the simple reason that the revenues
fromsuchsurcharge,collectedbytheStateSales
Tax Department, would have to be routed
through the State Budgetary process and the
accruals therefrom would have to be passed on
to the Municipal Corporations by way of grant.
This system would put an end to the financial
autonomy of these bodies and completely de-
stroy their ability to raise resources for their
Projects through credit. This would be totally
against the spirit of the 74thAmendment to the
Constitution.
Traders complain that smallertraders as
well as customers at large will hit hard. What
is your take on this?
LBT is to be paid only by those who import
goods into the city for consumption, use or sale.
These include wholesalers and large size traders
and not small retailers who purchase their mer-
chandise locally. Secondly, the Government has
recently decided to raise the minimum limit for
LBT registration from Rs one lakh to Rs three
lakh and has given the option of making lump-
sum payment of LBT at two per cent to traders
having annual imports up to Rs 10 lakh. LBT
willnotputanyadditionaltaxburdenontheciti-
zens,whoarealreadypayingoctroionthegoods
that they purchase.
What are the commodities excluded from
LBT? During your recent meetings with
traders'bodieswhataretheirdemandswhich
have been accepted and what further relax-
ations are being considered?
Fifty-nine essential day-to-day goods are
exempted from LBT and hence these goods will
be cheaper once LBT is implemented.
What is the experience so far about LBT
implementation in 24 civic bodies since 2010.
Has it led to rise in revenues and curb cor-
ruption?
The experience of implementing LBT in the
D-class corporations has been very encourag-
ingintermsofmaintainingthelevelofrevenues
andeliminatingcorruptionandleakageatnakas.

3. PAGE 3INDIALOCALMonday,13thto19thMay2013
HOW MUMBAI’S ‘ORDINARY MAN’
GETS SCREWED ON REAL ESTATE
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In a city where Antilia, a 27-story, single-
family residence, the Malabar Hills, Juhu bun-
galows, and the slums on Reay Road sidewalks
so tiny that multiple families use a
common kitchen to save on scarce
space, co-exist, it is hard to know who
the common man is. Mumbai’s Rs
1,51,608 per capita income for 2011-
12 is certainly no mean or median.
Somewhere in there lurks this un-
definable common man. In the con-
text of housing, where the sheer
unaffordability as well as unavailabil-
ity of adequate stock keeps Mumbai
in a different category of cities, he
could be just about anybody. It is a
destination for employment, any kind
of employment, but certainly not a des-
tination of choice hyphenated to hous-
ing.
It is for this ‘ordinary man’, a term
often used by Maharashtra politicians
and bureaucrats, and notably, not the builder-
developers, is the State supposed to be helping
ease the acute shortage of housing.
Everything has been thrown up in the air as
a way to resolve the housing crisis – hikes in
the floor space index (FSI), allowing transfer
of development rights (TDR), redevelopment
of old buildings either singly or in clusters, rental
housing replacement housing for the slum
dwellers – yet nothing seems to have worked.
In Slum RehabilitationAuthority’s slum con-
versions to planned habitats with improved
housing, an idea born in in 1996, only 1.53 lakh
slum dwellers have been given replacement
housing.
Profits, and where possible, profiteering,
drives the private sector real estate operators,
big and small, organised and corporate. On the
other hand, efforts in the public sector have
been sorely lacking in the desired push. Public
housing, despite the high per capita incomes,
has failed Mumbai.
If one goes by the claims of the ‘official
speak’ on the issue of public housing, it would
seem that all is taken care of, except, of course,
their execution and realised goals. Maharashtra
Housing and Area Development Authority
(Mhada), for instance, is now flapping about
unable to deliver the houses planned within the
timelines announced. It’s also unable to deliver
at prices at which the apartments were allotted
to those eligible by winning the annual lotteries.
Two examples should suffice to illustrate the
contention. First, last year, after the houses were
allotted, post the lottery for which there are be-
tween 100-150 hopefuls for each apartment, the
prices were jacked up by a hefty 40 percent in
a supplementary bill. This year, of the 1,259
apartments, only 251 have been built.
Not all flats built in 2010 and 2011 across
Mumbai, though allotted and bought, could be
occupied in the absence of occupation certifi-
cates (OC). In the absence of such OCs, living
in them, despite the deal done and delivered, is
illegal. Buyers have started paying their EMI
payments on the mortgages.
In a city where slums are easier formed than
a formal house built, Mhada has been a poor
performer. In the eight years since 2008, a tad
less than 15,000 flats have been built and sold.
The number of people who bid their luck by en-
rolling for a lottery were a little over an astound-
ing one million potential buyers. That tells you
of the demand and the supply.
The idea of half a million rental flats, to be
built in far-off suburbs like Kalyan are more or
less on ice. It prefers enlarging their sizes and
selling instead, though the initial target clientele
was the slum dwellers. This was the project of
the MMRDA, of which there is no progress re-
port.
That the slum dwellers are a huge group re-
quiring even passable housing in comparison to
the hovels they live in, has never been in dis-
pute. The 2011 census had put over 44 percent
of all households in Mumbai in the category of
slum dwellings. The 2001 Census had put 54.6
percent of Mumbai population in the same cat-
egory.
Among them, only those who have been resi-
dents in dwellings built prior to 1995 are en-
titled for resettlement projects and others are
hopeful of getting into that bracket sooner or
later. The government has said it was com-
mitted to a new cut-off of 2000 but the Su-
preme Court is yet to clear it. Importance of
slums as vote banks keeps such hopes alive.
In Slum Rehabilitation Authority’s slum
conversions to planned habitats with improved
housing, an idea born in in 1996, only 1.53 lakh
slum dwellers have been given re-
placement housing. Of the 2,395
cleared projects, only 597 have been
done. Builders are squatting on slum
lands after accords with the slum
dwellers. They are trying to figure
out the lag.
While the MMRDA toys around
with ‘rent, no, sell’ ideas, the Mhada
is now forced to concede its pace of
construction has lagged. It has said
it hiked prices because it miscalcu-
lated it for working out costs.
So dire has this development with
Mhada become that a peeved Hous-
ing Minister, SachinAhir, wrote com-
plaining of this trend to the chief min-
ister. Deputy Chief Minister, Ajit
Pawar also grumbled about the “un-
reasonable” prices but the Chief Minister,
Prithviraj Chavan, has refused to order a price
cut as the Mhada prices are cheaper than the
private builder buildings.
Indian Express had reported how buyers
of Mhada apartments, old or new price, find
them in “shambles” when buyers move in.
Broker fixtures, improper plastering, leakages
are what greeted a family. Their moving-in cost
now would go up by Rs 1 lakh. Once you have
sunk all you have, every another Rs 1,000 is
that much tougher to be raised.
Even the Dharavi project has had excruci-
ating delays. No doubt there are pros and cons
of the scheme to the slum dwellers as well as
the city, but it has not caught any steam yet.
An appropriate balance between the slum
dwellers concerns and the builder-developers’
has not yet been worked out and one has to
believe the first sector assigned to Mhada will
work out.
No one knows yet by when though the
project’s chief had recently told a Marathi
newspaper, Pudhari that, if everything were
in place – consents, plans, approvals, funding
etc. – then the entire Dharavi area could be
redeveloped in five years. But more time than
that has passed since the Dharavi redevelop-
ment was thought of and yet, the city is grop-
ing for solutions to the housing crisis.

4. PAGE 4INDIALOCALMonday,13thto19thMay2013
Marriage won't affect my work: Vidya Balan
Newly wed Vidya Balan,
who stars opposite Emraan
Hashmi in upcoming comedy
'Ghanchakkar', says that her
marriage won't have a
bearing on her career in
Bollywood.
'Ishqiya' and 'The Dirty
Picture' showed Vidya at her
boldest and helped her win a
lot of awards.
When asked if she would
be ok doing bold roles or
kissing scenes post
marriage, Vidya said, "I am an
actor and I am married are two
different things. Both of us
(Siddharth and I) respect each
other and our work."
The comedy directed by
Rajkumar Gupta releases on
June 21. This is Vidya's first
film after her marriage.
"This film is special in a
way as it's releasing after
marriage. It was great
working with Emraan this
time," she said.
The 35-year-old would be
seen playing a Punjabi
housewife in the film.
"My character is loud,
boisterous and she feels she
knows everything. She wears
her heart on her sleeve. It is
first time I am attempting
something like this," she
said.
The actress tied the knot
with Siddharth Roy Kapur of
UTV in December last year.
Emraan
wants
to do
family
films
Emraan Hashmi is consciously choosing films that will
help him overcome his serial kisser image and the actor says
that he won't mind being part of a family film.
Hashmi, who had surprised everyone with his performance
of a small town journalist in 'Shanghai' last year, has
'Chanchakkar' and 'Ek Thi Daayan' in his kitty this year.
"It is not that I won't do a family film. A lot of such films are
getting made and are doing well," Emraan told reporters here
at the wrap up party of his upcoming film 'Ghanchakkar'.
"Whatever scripts come my way I have to choose from them.
As in the industry a persona is performed. This film
('Ghanchakkar') has got U/A certificate. As an actor I am trying
to create my own aura by choosing films that I am offered," he
said.
The Rajkumar Gupta directed comedy will see Emraan
essaying the role of an ex-conman and Vidya Balan playing a
Punjabi housewife.
"It is a different kind of comedy. It is situational and turns
out funnier. I really enjoyed working on this film. The title depicts
how mad this film will be," Emraan said.
Vidya and Emraan have teamed up for the second time
after 'The Dirty Picture'.
"It is great working with her. Audience were waiting for us to
come together and we are back to entertain but this time in a
different way," he said.
"We share a great chemistry. In this film we fight a lot but
there is lot of love between us as well," he added.
Is Katrina Kaif out of Yash Raj camp?
While earlier YRF would only repeat
actors like Shah Rukh Khan and Amitabh
Bachchan in their projects, lately they have
been picking actresses too for repeat
projects. With Rani Mukerji and Anushka
Sharma doing eight and five YRF films
respectively, Kat too had her fair share with
five big releases with the company. But it
looks like the situation might have now
changed. A birdie chirps to say, “When
YRF directors have suggested Katrina for
lead roles in their
films, Adi has
r e f e r r e d
replacement
actresses.”
A n
industry
insider
points
out
to two instances when Adi roped in
other leading ladies in place of Kat. A
bitchy actress says, “When Ali Abbas
Zaffar announced his second film with
YRF after Mere Brother Ki Dulhan, it
was expected that Katrina would be
his heroine just like his first project.
Instead, they went for Priyanka
Chopra.” And then Adi shot down
having Kat too in their nextAyushmann
Khurrana starrer, and instead picked
Sonam Kapoor.Another source says,
“Kat has featured in YRF’s biggest
blockbusters, and that too back-to-
back. Maybe he is suffering from a
Katrina overdose!”
"The year 2013 is an
exciting year and it would be
interesting to see how it pans
out. Yes, I have played many
glamorous roles till now, but if
you see the line-up for the rest
of the year, I am sure this will
change. The audiences will
see me in an all new avatar
this year," Deepika told .From
films to endorsements, model-
turned-actress Deepika, who
is daughter of badminton
player Prakash Padukone, has
today managed to make a
place for herself among the top
actresses of the industry.
Talking about her film journey
so far, she said: "It has been a
good learning experience,
especially the last one year -
with the kind of people I have
met and the films I have been
doing." She hopes this year will
be a turning point. "The year
2013 will be an important year
for me. With the kind of films
that are lined up, I hope it turns
out to good for me. I have been
Deepika
looks
forward to
image
makeover in
2013
Deepika
looks
forward to
image
makeover in
2013
working hard for the last six
months," she said. For now, her
glam look will continue in the
racy "Race 2". Post that, the
actress's list of films for 2013
includes "Chennai Express", in
which she plays a Tamilian girl,
"Ram Leela", in which she dons
a Gujarati avatar and "Yeh
Jawaani Hai Deewani", in which
she will sport a very simple, girl-
next-door look. The-27-year-
old, who was recently in the
capital to promote "Race 2",
says her character in the action
thriller is very relatable. "My
character Elena in the film, is a
lot more bold, edgy and sexier. I
play an intelligent and shrewd
businesswoman. I have been
styled like that in the film too. It
is very glamorous, yet relatable,"
she said. "Race 2", the sequel
to 2008 hit film "Race", is
expected to be laden with action
scenes. Will the audience get
to see Deepika doing some
stunts?

5. PAGE 5INDIALOCALMonday,13thto19thMay2013
AZARENKABEATSINJUREDLITO
RETAINAUSTRALIANOPENTITLEVictoria Azarenka won 4-6, 6-4,
6-3 and retains the World No.1
ranking as a result, when defeat
would have seen Serena Williams
take the top spot.
The match was stopped three
times, twice when sixth seed Li rolled
her ankle and took medical timeouts,
and once for a fireworks display.
The first set began with the finalists
trading breaks before Li held and
broke Azarenka to go 3-1 ahead. Li
served for the set at 5-4 but crumbled
and was broken to love. Azarenka's
errors in the very next game handed
her opponent the first set as the
Belarusian double-faulted on set
point.Azarenka sprinted to a 3-1 lead
in the second set, when the Chinese
rolled her ankle for the first time. The
problem restricted Li's movement
andAzarenka managed to close out the
set despite frequent mistakes.
Li's ankle injury struck again in the
decider with the sixth seed 2-1 ahead
and she hit her head hard on the court
as she fell, prompting doctors to check
her for signs of concussion.
The Chinese No.1 then surged back
in the next game, taking Azarenka to
break point before the Belarusian held
serve. But Li was then easily broken on
her next service game, setting the stage
for Azarenka to close out the match.
Li was the crowd favourite
throughout, with many spectators angry
over a controversially-timed medical
break forAzarenka in her semifinal win
over Sloane Stephens. The men's
singles final is Sunday with World No.1
Novak Djokovic facing third seedAndy
Murray.
SAURASHTRAWANT TO WIN
IT FOR SITANSHU KOTAK
“Kotsy (as he is fondly called in the team) is a very special
player to us. We haven’t told him this, but yes, at the back of
our mind, we want to win the Ranji Trophy for him. It’s the
biggest gift we can give him for being around for such a long
time,” medium pacer Jaydev Unadkat, who has grown up
watching Kotak, told MiD DAY. Kotak, who will play his 120th
Ranji match today, made his first-class debut in 1992-93.
The 40-year-old, who is Ranji Trophy’s highest run-getter
without having won the title, is only 18 runs short of reaching
8000 runs in first-class cricket. Mumbai would be reminded
of Kotak’s last innings at Wankhede in 2007 when he batted
for two days for an unbeaten 168 to help Saurashtra get the
crucial first-innings lead to enter the Ranji semi-finals. Young
pacer Sidharth Trivedi is also keen to win the final for Kotak.
“He has been our mainstay for so many years. Winning the
final will be a great tribute to him,” said Trivedi. Saurashtra
skipper Jaydev Shah stressed on the need to focus on the
game: “Kotak is a great player for us and we would like to
dedicate this win to him. There are talks about his retirement,
but he isn’t focusing on it.
Jaffer breaks Ranji record,
puts Mumbai in good position
Wasim Jaffer Sunday broke the
record of maximum centuries in
Ranji Trophy and helped his team
gain a healthy 139-run lead
against Saurashtra in the final at
the Wankhede Stadium here.
Jaffer (132) struck his 32rd
hundred of the premier domestic
event as Mumbai ended day two
at 287 for six after dismissing
Saurashtra for 148 Saturday. The
experienced opener surpassed
Ajay Sharma's tally of 31 centuries
to achieve the feat.The hosts,
resuming at 19 for no loss, started
the day well with Jaffer and
Kaustubh Pawar (21) sharing 75
runs for the first wicket. Aditya
Tare's (3) dismissal in the 41st
over brought Sachin Tendulkar at
the crease. The little master could
not contribute much to the team's
cause after getting run out for 22.
Abhishek Nayar (26) then stitched
a brief partnership with Jaffer
before falling to Kamlesh
Makvana. Jaffer finally departed,
adjudged leg before wicket off left-
arm spinner Dharmendrasinh
Jadeja. Hiken Shah (41) was
batting alongside Dhawal Kulkarni
(18) at close of play.

6. PAGE 6INDIALOCALMonday,13thto19thMay2013
Analysis of Gujarat High Court order and its effect on
Maharashtra Cooperative Societies (Amendment) Ordinance, 2013
01. Constitutional (97th Amendment) Act 2011, incorporated definition articles namely
243-ZH to 243-ZT, on 12-01-2012. The Parliament gave the States one full year to make
appropriate amendments to its Cooperative Acts.
02. MCS (Amendment) Ordinance, 2013, was promulgated on 14-02-2013, and is BASED
on the Constitutional (97th Amendment) articles namely 243-ZH to 243-ZT. The
Maharashtra State Government, could not amend the MCS Act of 1960 within
this one full year, hence the Maharashtra Governor had to issue the
aforesaid ordinance, keeping in line with the directions of the Parlia-
ment.
03. The MCS (Amendment) Ordinance, 2013, amended certain sec-
tions of the MCS Act, based and in-line with the definition-
article namely 243-ZH to 243- ZT (as per the Constitutional - 97th
Amendment).
THEBUMPERSPOILER:
04. Gujarat High Court, in Writ Petition (PIL) No. 166 of 2012, vide
its order dated 22-04-2013, has declared the Constitution [97th
amendment] Act, 2011 as ultra vires of the Constitution of India.
SPECIFICALLY & SPECIALLY DECLARING THAT "Articles
243ZH to 243ZT is ultra vires". a) Ultra-Vires means a "law-debilitat-
ing-virus" that declares something as "Null & Void"
b) Ultra-Vires, in context also means that the MCS (Amendment) Ordi-
nance, 2013, of 15-02-2013 is also "Null & Void", since the Maharashtra ordi-
nance was based on Constitution [97th amendment] Act, 2011 (more specifically on
definition-articles namely 243-ZH to 243-ZT)
c) The Hon. Judges have REFUSED to grant "STAY on the OPERATION of the its
Judgment", which means that the judgment is effective with immediate effect and
would continue to be effective TILL the Supreme Court decides otherwise.
d) EFFECTIVELY, the above means that the Gujarat High Court judgment, is effective
for entire India (all States), unless & until the Supreme Court decides otherwise.
CONSOLATION-in-CHIEF: AFTER-EFFECTS (i.e. spiking a spanner in the wheel)
a) The BAN of Govt. Administrator, in Housing / General Societies is not applicable
any more, hence power of Registrar u/s 78 stands restored by default and Administra-
tor can be now appointed. (due to article no. 243-ZL, now declared as null & void)
b) AGM has to be held on 14th Aug (or by 14 Nov), instead of 30th September (due
to article no. 243-ZN, now declared as null & void)
c) Reservations for SC / ST / other categories, is gone (article no. 243-ZJ)
d) Concept of Active /Passive member, is gone (due to article no. 243-ZO)
e) Election that was mandatorily to be held by State Co-operative
Election Authority, is null & Void (due to article no. 243-ZK)
f) Auditors special & specific powers, is gone (article no. 243-ZM)
g) Co-operative education & training for members, is gone (article
no. 243-ZN)
h) Concept of Expert and Functional Directors, is gone (article
no. 243-ZJ)
i) Much hyped new Bye-Laws, as formulated by the Coop. Reg-
istrars, need not be adopted since such new bye-laws were
based on MCS (Amendment) Ordinance, 2013, which in turn
was based on definition-articles namely 243-ZH to 243-ZT (Con-
stitution [97th amendment] Act, 2011), which is now declared
as "Ultra Vires". Therefore any adopted bye-law based on the
said Constitution [97th amendment] Act, 2011, is also "Null & Void".
IF you pay various taxes, THEN INTROSPECT on this:
a) WHEN the Maharashtra Government takes more than one year to make
simple amendments in the MCS Act as per the Constitutional (97th Amend-
ment) Act 2011, THEN how the Government expects the scores of Society Managing
Committee's to function with vigour and as per the MCS Act, leave aside the reluc-
tances in signing of the erstwhile M-20 Bonds .OR. holding AGM on time .OR.
conducting Accounts & Audit on time .OR. resisting from Misappropriation of mem-
bers funds, besides scores of burning issues like Dictatorial Functioning, Harass-
ments of ordinary members and so on...., which is evident from the consistent scores
of litigations before the Registrar's office and in the Cooperative Courts.
b) Apathy, Ignorance, Arrogance, Ego are the bane of Cooperative Society's.
Adv. HemantAgarwal (Legal Cooperative Consultants)
Email: ha21@rediffmail.com
97th CONSTITUTIONAL AMENDMENT – INJURIOUS TO HEALTH OF HOUSING SOCIETIES
The State Cabinet's decision to amend the Maharashtra
Co-operativeSocietiesAct,1960willaffectthefunctioning
ofabout90,000Co-operativeHousingSocietiesintheState.
It is stated that the 97th ConstitutionalAmendment aims at
bringing about uniformity across the Indian States/Union
TerritoriesandacrossallCooperativeSectorsinseveralmat-
tersofcooperativelawinthewakeofnewdirectiveprinciple
to promote voluntary formation, autonomous functioning,
democraticcontrolandprofessionalmanagementofCo-op-
erative Societies. The constitution and func-
tioning of the Board/Committees of Coop-
erativeSocietiesisanimportantaspectinCo-
operative Society Law in that context.The
Amendments, made in line with the 97th
Amendment of the Constitution, aim at giv-
ingmorefreedomandresponsibilitiestoCo-
operative Societies, including Co-operative
HousingSocieties.Anordinanceforthesame
will be issued by February 15. HousingAc-
tivists and Co-operative Lawyers say this is
a right step towards making Co-operative
Societiesautonomous,whichmeansthatthe
involvement of Government and Politicians
willbenegligible,buttheyarescepticalabout
itsimplementation.ThenewRegulationswill
end the role of Government appointed Ad-
ministrators in Non-Government aided Housing Societies.
An Administrator is usually responsible for conducting
Annual Election and other day-to-day working of Housing
Societies in the absence of a Managing Committee. The
Amendment will end the role ofAdministrators, but no as-
surance from the Government that it will be able to curb
malpractices prevailing in thousands of Housing Societies
and atrocious behaviours of Members of Managing Com-
mittees towards their Members. TheseAmendments to the
Co-operativeSocietiesActshallcurbtheRegistrar'spowers.
MemberswillnowhavetoturntoIn-HouseCommitteesto
solve problems, or move Court to settle their disputes. An
Authorised Officer, appointed by the Ward Registrar, shall
now be responsible to conduct elections once in five years
oriftheManagingCommitteeisdissolvedbeforethetenure
isover.TheManagingCommitteewillpreparealistofactive
Members (who will be eligible for voting) and non-active
Members (ineligible for voting). If a Member has not at-
tended a Single General Body Meeting in
five years, he will not be allowed to vote.
Theywillalsodecideonvotingrightsgiven
to defaulters. The question here is that is it
that easy for the Society to establish
documentarily,thenon-eligibilitynormsof
voting rights against any Member of the
Society?
Members who have not paid mainte-
nancechargesorotherdueswillbetermed
as defaulters and will not be allowed to
vote.TheautonomystatusincludestheCo-
operative Housing Societies to first try to
recoverduesfromdefaultingMemberswith
the help of Section 101 of the Cooperative
Act;elsetheycanauctionoffthedefaulter's
home. Societies, however, don’t get a free
run of things. If they initiate recovery pro-
ceedings, they will still have to take the help of a Recovery
OfficeroftheState.TheSocietywillappointanAuditorwho
willsubmitanAnnualReportofvariousworksundertakenin
a year like repairing, water issues, common problems, total
expenditure,etctotheSocietyMemberswhowillthensub-
mitittotheWardRegistrar.TheAudithastobedonebefore
September30ofeveryyear.Societieswillhavetomaintainan
AnnualRegisterofactiveMembers.AnAuditor(Chartered
Accountant/CertifiedAuditor/GovernmentAuditor)willhave
tobefromaGovernment-ApprovedPanelduringaGeneral
BodyMeeting.ItwillbetheAuditor'sresponsibilitytosub-
mit Special Reports pertaining to financial losses and mis-
conduct to the Members and the Registrar respectively.The
AnnualGeneralBodyMeetinghastobeconductedbySep-
tember30withnofurtherextensions,ortheguiltypartieswill
be disqualified from being on the zanaging Committee for
fiveyears.IftheAnnualReportisnotfiledontime,apenalty
willbe.Hereagain,thequantumofpenaltyisnonfigurative.A
SeparateTeam of Dispute Redressal Committee to address
Members'issueswillbeformed.However,itisnotclearasto
whatshallbethecriterionstoappointsuchTeam?TheMan-
agingCommitteeswithvestedinterestsmaytakeadvantage
of this amendment.With the enactment of new regulations,
the Managing Committee of a Housing Society will be re-
sponsibleforallactivitiesanditisfearedthattheManaging
Committee can further misuse the power in the absence as
they have been. For instance, if the Managing Committee
refusestogiveaNo-ObjectionCertificatetoaMembertosell
a flat, the Member can complain to the Dispute Redressal
Committeeandiftheissuestilldoesn'tgetresolvedthenthe
MemberwillhavetogotoCourt.MemberscangettheMan-
aging Committee dissolved only when they have a
majority.HousingSocietieswillhavetobeartheexpensesof
theElection.ItisparticularlybadforsmallSocietiesasboth
theexpenditureandformalitieswillincrease.IftheManaging
Committee does not want some Members to vote, they can
easilymanipulatetheirpaymentdetailsthroughvariousways
like not accepting the due payment on time and list them as
defaulters.Appointing an Authorised Officer, who is not a
Member of the Society, is as problematic as having a Gov-
ernment-AppointedAdministrator.Registrarswillhavelim-
ited power to control the functioning of the Society, due to
which,theManagingCommitteeshallnowturnmoreheroic
towards their Members. The aggrieved Members will have
to go to Court even for small disputes with the Managing
Committeetotakeyearsforadisputetoresolve.

7. PAGE 7INDIALOCALMonday,13thto19thMay2013
CROSSWORD
ARIES: The stars
recommend that you
should take proper care
of your health and
temperament during this
week. Some of you might be under
mental stress during first half of the
week and vague feeling of depression
may engulf you.
TAURUS : You will be in a relaxed
and a happy state of mind
most of the time during
this week. Be prepared to
shoulder responsibilities
that come your way
regarding family matters. There is
strong possibility that you would
repent later to wonder how you could
have done this.
GEMINI : Your health
will be fine and you will
feel energetic and able to
undertake tasks that you
had postponed earlier. However
senior citizens might suffer from
joint pains or chest congestion. Long
awaited promotions, elevations in
social status or rise in salary are on
the cards for the most of you.
CANCER : The
planetary configuration
indicates that you are
required to observe
necessary precautions in
your eating habits and take proper
rest coupled with sleep to maintain
your physical and mental health. You
will receive lot of respect from
others.
LEO : The period under
consideration is
favourable for enjoying
good health most of the
time. The favourable days
during this week are likely to be
Monday, Tuesday and Thursday. You
are advised to try to make the
optimum use of opportunities when
they come along.
VIRGO : Health and
domestic affairs would need
your attention this week. Do
not neglect an ailment that,
though not serious, may
become a nagging problem. However,
your expertise in preparing meticulous
and detailed project reports will stand you
in good stead later.
LIBRA : Those of you,
who had been suffering
from general weakness and
headaches, would feel
relieved during this week. Youngsters
might decide to go on a health binge.
Regular exercise schedule and proper
diet will make them more relaxed and
active. If connected with computer
related work, you will receive an offer
to set up your own enterprise.
SCORPIO : Your health
will be fine and you will
feel energetic throughout
this week. However you
might be required to look after the
health of the elderly in your family
who may require medical attention.
There may be some changes in the
household for those living in a joint
family.
SAGITTARIUS : It is
a busy period for work
and career, but at the
same time you should
not neglect your regular
exercise schedule. It is necessary to
pay necessary attention towards
your health also. The work assigned
to you during this week might be a
test of your expertise and
knowledge.
CAPRICORN : Your
health might experience
ups and downs. Hence
you are required to
observe slight
precautions regarding your health
during this week. A desire to advance
your career will inspire you to work
sincerely towards achieving your
objectives and goals.
AQUARIUS : Those
who have just
recovered from a spell
of illness should be
careful regarding their
health. A relapse at this stage
might prove to be troublesome for
you. If you have been thinking of
starting an independent
enterprise, make a concrete move
in that direction now by meeting
people and discussing your ideas.
It may take some time.
PISCES : It will be a
good week to build up
your stamina and
reserves to tackle the
coming onslaught of
work. However some of you may
have a slight health problem that
will require you to take rest for
few days. Take care of your diet
and focus on your health.
Your horoscope for this week
A
'HOW'MOREIMPORTANTTHAN'WHY'
American undergradu-
ates focus on the `how’ of
a breakup when describing
theirbreakups,notthe`why’
or the `who,’“ said Ilana
Gershon,associateprofes-
sor of communication and
culture in IU’s College of
Arts and Sciences.
She looked at how
people write to break up to-
day, including through
texts, emails and social
media.
Ilana Gershon said that
part of what makes the
breakup stories she col-
lected into American sto-
ries is that the medium
seems so important to
the message when
breaking off relation-
ships.
Gershon also is the
author of the 2010
book, “The Breakup
2.0: Disconnecting
over New Media”
(Cornell University
Press), which argued
that Facebook and
other forms of social
networking have radi-
callychangedtheplay-
ing field of dating today.
She interviewed 72
people at length for her pa-
per, including 66 under-
graduate college students
who communicate fre-
quently with new technolo-
gies. She found that when
American college students
tell their breakup stories,
they consist of a string of
conversations, and people
alwaysdescribewhenany-
oneswitchedmediatocon-
Across:
1 __ Lanka : our southerly
neighbour (3)
4 Detonate or cause to begin or
start (3,3)
7 A dividing membrane or parti-
tion (6)
8 Crave, covet or lust for (4)
10 Lower House of Parliament
(UK) (3,7)
12 Prohibitions by custom or reli-
gion (6)
14 Accumulates by skimping (6)
15 In large amounts of quantity,
in a way (4,2)
17 Famous hospital on Pedder
road (6)
19 Unable to read or write (10)
21 Bathroom powder (4)
22 ___ ___ nobis : pray for us, in
Latin (3,3)
23 __ ___ puzzle : fit the pieces –
you get the picture (3,3)
24 Big name in moulded luggage
(3)
Down:
1 Agroup of six musici (6)
2 Understanding term? (1,3)
3 Tramples heavily on (6)
4 Feeling one's way overseas (6)
5 Unwelcome visitor, intruder (10)
6 Whimsical; strange (3)
9 Sorcery from the West Indies (6)
11ChineserestaurantatChurchgate
(10)
13 Microscopic one-celled animal
(6)
16 Come as a logical consequence
(6)
17 Delayed bodily effects due to
long journey by plane (3,3)
18 Maintain, prevent from sink-
ing, especially tempo, one's spir-
its, etc (4,2)
20Nameofseaformingnorth-east-
ern arm of Black Sea (4)
21 __ Mahal : the wonder at Agra
(3)
WHENDESCRIBINGBREAK-UPStinue the conversations.
“The medium used for
the conversation mat-
tered enough to be al-
most always mentioned.
People would invariably
mark when a different
medium was used, ex-
plaining when communi-
cation shifted from
voicemail to texting to
Facebook and then to
phone,” Gershon said.
Herresultsdifferfrom
other ethnographic re-
search done elsewhere,
such as in Japan and
Britain, where the story
often focuses on justifying
why the relationship had to
end. Character was the
emphasis overseas, not
the method.

8. PAGE 8INDIALOCALMonday,13thto19thMay2013
If you want to make it BIG in
LIFE start reading
OWNED,PRINTED&PUBLISHEDBY:ARINDAM BANERJEE,AshiwiniCo.Op.Hsg.Soc. Flat No. B/008, Gr. Flr., First Lane, Lokhandwala Complex,Andheri
(W), MUMBAI-400058 Printed at Somani Printing Press, Sharma Ind. Estate, Goregaon(E),Mumbai-400072.EditorialOffice :ShopNo.2,MarbleArch,Shastri
Nagar,Andheri (W), Mumbai-400053. Mob. :9920205579-022- 26365459 EDITOR:ARINDAM BANERJEE.AllDisputestobesettelledinAndheriCourtonly.
UDDHAV WANTS MAHALAXMI RACECOURSE
GARDENTOBENAMEDAFTERBALTHACKERAYClose on the heels of
Mumbai Mayor Sunil
Prabhu's proposal for con-
verting Mahalaxmi Race-
courseintoapublicgarden,
his boss and Shiv Sena
president Uddhav
Thackeray today said his
party would endorse any
proposal seeking to name
such garden after late Bal
Thackeray.
Uddhav wants
MahalaxmiRacecoursegar-
den to be named after Bal
Thackeray
Uddhav's comments
came against the backdrop
ofShivSena'splanstobuild
a memorial of the party
supremo,whopassedaway
last November, at Shivaji
Park in Dadar did not
materialise.
"If anybody moots the
idea of naming the garden
after Balasaheb, Shiv Sena
woulddefinitelyendorseit,"
Uddhav told reporters on
thesidelinesofanevent.
In what is being viewed
as a shrewd move, Prabhu
recently wrote to
Brihanmumbai Municipal
Corporation (BMC) Com-
missioner Sitaram Kunte
proposing that the race-
course premises be devel-
oped into a public garden-
cum-theme park. Prabhu
alsoaskedthecivicchiefto
not renew the lease of the
Royal Western India Turf
Club(RWITC),whichruns
the 225-acre Mahalaxmi
Racecourse. In 1914, the
BMC had leased out the
green space to the RWITC
for 99 years. The lease pe-
riod expires on May 31,
2013. Taking a dig at
Gandhifamily,Uddhavsaid,
"Itisbettertonamethegar-
denafterBalasaheb,instead
of naming it after a leader
fromtheGandhifamily."On
the ongoing standoff be-
tweentradersandstategov-
ernmentoverimpositionof
LocalBodyTaxinMumbai
andsomemunicipalcorpo-
rations, Uddhav said, "The
chiefministershoulddiscuss
the issue with traders and
findawayout."
HOSPITAL PLACES BEDS ON
TERRACE, USES ITASAN OPD
InarecentdocumentsubmittedbytheP/northwardof-
ficetotheBuildingProposaldepartmentforthewesternsub-
urbs,wardofficialshavestatedtheneedtocheckonirregu-
laritiesinaprivatehospitalatMalad(West).Whatrules?The
terraceofthebuildinginMaladisbeingusedasanout-patient
department,inviolationofBMCnorms;thebuildingproposal
departmentwillnowdecidewhethertodemolishtheirregular
structures.Pic/KiranBhaleraoBasedoncomplaintsfromresi-
dents,officershavebeenvisitingvariousbuildingsinthecityto
checkwhetherillegalconstructionshavecomeupintheirpre-
mises.Duringhis
recent visit to
LifelineHospital
on SV Road in
Malad (West),
the health de-
partment in-
spector was
shocked to see
that hospital
beds extended
allthewaytotheterrace.Patientswerealsobeingtreatedin
theflatsB-101and102.Theyhadalsoconvertedporta-cab-
insintogeneralwards,floutingnorms.Onthebasisofthese
findings,theBMC’shealthdepartmentissuedashowcause
noticetothehospital,askingtoseetheirpaperwork.Informa-
tionabouttheirregularitieshasbeenforwardedtothebuilding
proposaldepartment,whowillbeinvestigatingthematterand
giveafinalverdictonwhethertheillegalstructuresshouldbe
demolished.AseniorBMCofficialsaid,“Werecognisedcer-
tainirregularitiesinthehospitalandhencewehaveissuedthem
ashowcausenotice.Theywillnowhavetoshowusthespace
theyareusingfortheirhospital.”ShivSenacorporatorAvkash
Jadhavsaid,“Theseprivatenursinghomesneedtobemoni-
toredforunauthorizedstructuralchanges.Becausethereare
noregularchecks,privateownersstartmakingillegalcon-
structions.Ifdoctorsdonotunderstandtheirsocialresponsi-
bility,whowill?”DrKamleshShah,theownerofLifelineHos-
pital,said,“Wehavedoneeverythingaccordingtotheper-
missionsgranted.