Professional Documents
Culture Documents
2 NCHF BULLETIN
CORPORATE SOCIAL RESPONSIBILITY:
360º COMPLETED
The national think tank, of late, has been brain lies in such ev ents that promot e well being of
storming on Dev elopment Agenda aiming at 8% underprivileged.
aspirational growth in tune with UN Sustainable Goals by
accelerating momentum for unfinished structural reforms CSR is not a new concept. MCA conceived CSR
in the country. Public Sector which plays a pivotal role in Voluntary Guidelines in 2009. These were refined as
commanding heights of economy has been suggested to National Voluntary Guidelines on social, environmental and
initiate measures for consolidation, mergers and economic responsibiliti es in 2011. Out of nine
acquisitions of CPSEs leading to economies of scale, global fundamentals, Sr. No.8 focussed on national development
competitiveness and access to cheaper international priorities and strategic CSR based on shared value
funding. In this context, 2018 CPSEs Conclave focussing concept. Subsequently, DPEs’ Guidelines (2012) envisaged
on four core themes (Corporate governance in the new that since corporate responsibility is integral to CSR,
age, reinventing human resource management, financial business be conducted responsibly in a transparent and
re-engineering, and Innovation, R&D & Technology for the ethical manner. Finally, CSR policy rules were enforced
future) had projected Vision “New India 2022”. from April 1, 2014 under Companies Act 2013.
Prime Minister in his address viewed PSEs as profit Soon thereafter, Anil Baijal 1st High Level Committee
and social benefit generating enterprises for welfare of (2015) taking stock of CSR mandate made far reaching
stakeholders and civil society. Ruling out separate mantras recommendations which were suggested for adoption by
for success of private and public sector, CPSEs were Company Law Committee (2016). Simultaneously, 2nd HLC
exhorted to help in making New India Jewel on strength (2018) Chaired by Shri Injeti Srinivas, Secretary, MCA,
of Incentives, Imagination and Institutional building. He came out with its report on 13th August 2019 suggesting
also suggested 5Ps to improve operational and financial CSR roadmap. But Parliament in a great hurry brought
performance; transparency and accountability in processes; stringent measures for CSR compliance by enacting
benchmarking in Personnel; Procurement through GeM Companies (Amendment) Act 2019 on 31st July 2019 (two
and MSMEs; & Preparation for technological disruptions. weeks earlier of report submission).
A 100 days deadline was finalised with measurable targets
on five major challenges, namely maximising geo-strategic CSR MANDATE
reach, minimising import bill, integrating innovations and
research, new development models that can be provided, According to latest Act/Rules, only those entities
and optimally utilisation of Corporate Social Responsibility having net worth of Rs.500 crores or turnover of Rs.1000
(CSR) funds on one specific theme like development of crores or net profit of Rs.5 crore are required to invest 2%
115 Aspirational Districts each year on analogy of toilet of its average net profit for the immediately preceding
construction in the country. three years on CSR activities specified in Schedule VII.
These activities are also restricted to over and above
CSR SIGNIFICANCE IN HISTORICAL PERSPECTIVE company’s normal course of business. CSR policy and
decision making authority is vested with Board and CSR
At the outset, rationale of CSR legislation for social, Committee. Corporate are thus expected to adopt arms’
economic and human development cannot be interpreted length approach in taking up such activities which sub
as a source of financing resource gap by levying additional serve their own ends.
taxes/cesses for inclusive growth. The real purpose is to
ensure participation and involvement of corporate in Sub-section 5 of Section 135 provides jurisdiction to
discharging multiple responsibilities with their innovative pursue CSR activities —”provided that company shall give
ideas and management skills in delivery of public goods. preference to the local area(s) around it where it operates,
It requires ring fencing CSR resources judiciously lest these for spending the amount earmarked for CSR activities”.
are f rittered away by thinly spreading them f or For utilisation of funds, CSR policy extends leniency on
unsustainable programs. Larger interest of CSR, therefore, unspent funds on ‘comply or explain’ principle as these
* Prof. of Public Admn. (Retd.) Punjab University, Panchkula do not lapse for another two years. It implies that if an
(Haryana) entity fails to spend funds, Board in its annual report by
FEBRUARY, 2020 3
specifying reasons for not spending, can easily adopt – Mere disbursal of funds to Implementing Agencies is
escape route. not a CSR spend.
– Register Implementing Agencies with MCA after
As already mentioned, CSR scheme after its official
Boards have ascertained their credibility.
launch in 2014 had many teething problems and successive
High Level Committees were constituted to overcome – Boards can associate experts on CSR Committee
intrinsic and extrinsic difficulties. It would therefore, be and their appointment criteria to be prescribed by
very pertinent to briefly introspect recommendations of Government.
Anil Baijal and Injeti Srinivas Committee along with changes
– Uniform tax benefits for CSR expenditure.
brought in Companies Act to proceed ahead.
– CSR Exchange Portal for leveraging technological
ANIL BAIJAL COMMITTEE (2015) benefits of CSR outcomes.
– 3rd party assessment of CSR projects by identifying
The Committee having examined compliance,
5% companies on random basis.
monitoring and evaluation of CSR opined that since 2014-
15 was the first year to comply with CSR provisions, there – CSR impact studies once in five years for companies
is no harm to observe leniency for next two/three years. spending an average of Rs.5 crore in three years.
It favoured greater autonomy and flexibility on the part of
– Hybrid vehicle for bringing private sector and civil
Company’s Board for a self-regulatory regime. It specifically
society to harness their strengths for achieving social
recommended:
outcomes.
– Segregation of companies into two categories due to
– Strengthening CSR reporting with more disclosures
small CSR budget for execution;
in respect of projects, locations and implementing
– Accountability of Board for fund utilisation within agencies.
existing penalty provisions; – Discouraging contribution to funds specified in
– Omnibus Clause in Schedule VII to objects of social Schedule VII.
good; – MCA to partner with DPE for formulating CSR
– Unif ormity in income tax treatment of CSR guidelines for CPSEs.
expenditure; – Ownership of capital assets created through CSR
spends to rest with public while companies to make
– Increased administrative expenses cap from 5% to
them self -sustaining in tune with 17 th SDG
10%;
“Partnership for Goals”.
– Other profit making entities set up under specific
– Broadening scope of Schedule VII as per UN SDGs
statutes to fall under CSR domain; and
enumerated in 2030 Agenda for Social Development.
– Re-visiting CSR framework after three years
– Need based CSR spending by looking into local area
preferences with national priorities. Besides, CSR
INJETI SRINIVAS COMMITTEE (2019)
f unds need not be earm arked f or speci f ic
beneficiaries.
This Committee was required to develop a robust
and coherent CSR framework for future growth. It clarified – Enhanced administrative overheads (5% to 10%) for
that CSR should promote responsible and sustainable companies undertaking Impact Assessment studies.
business philosophy at broad level. Some of its 25 – Annual CSR survey on analogy of Economic Survey
recommendations are: for improved decision-making.
– Mandate CSR provisions across all business entities – CSR being a tool for social inclusion, non-compliance
like LLPs & Banks. of provisions is treated as civil and not a criminal
– Exempt companies to form CSR Committee having offence. However, quantum of penalty be enhanced
CSR expenditure less than Rs.50 lacs to avoid undue twice/thrice of default amount with Rs. one crore cap.
burden.
COMPANIES (AMENDMENT) ACT, 2019
– Trigger CSR obligations only after three years for
newly created companies for Ease of Doing Business. The Government brought drastic overhaul in CSR
– Financial audit for CSR expenditure to improve policy by amending Section 135 of the Act on 31st July,
transparency. 2019. While under revised Sub-section 5, companies are
4 NCHF BULLETIN
obliged to transfer unspent CSR funds to one of the Funds grounds; infrastructural development of schools/
prescribed under Schedule VII within six months of the colleges; distance education for all sections of society;
expiry of the final year, newly inserted Sub-section 6 enjoins adoption of model villages for balanced regional
that any amount remaining unspent under Sub-section 5, development; preservation of ethnicity of indigenous
pursuant to any on-going project, shall be transferred within communities; learn/earn scheme for plumbers,
30 days from the date of financial year to a special account mechanics, carpenters, electricians, web designers
to be opened in a Scheduled Bank to be called as Unspent etc; local logistics connecting farmers to formal retail
CSR Account. Such an amount shall be spent within three sector; etc. The list is only illustrative with scope for
years from the date of such transfer, failing which company addition/substraction.
shall transfer the same to a Fund specified in Schedule
VII within 30 day from the date of completion of third (B) Jurisdictional blockade: Although CPSEs are
financial year. expected to preferably undertake its activities in local
areas, definition of “local area” finds no mention in
A new Sub-section (7) further stipulates that a the Act and the Rules. Management of CPSEs
company shall be punishable with fine (not less than appearing before Committee on Public Undertakings
Rs.50,000 to Rs.25 lakh) for non-compliance of CSR (8th Report 2015-16, 16thLok Sabha) reported that
expenditure within the time limit. Besides, every officer of while it was quite difficult for Service and Tertiary
the company who is in default shall be punishable with Sector enterprises to have defined geographical area
imprisonment for a term extendable up to 3 years or with for commercial operations and could take up CSR
fine which shall not be less than Rs.50,000 but may extend activities at any given location, CONCOR had set
to Rs.5 lakh or with both. local limit within a radius of 200 KMs. This issue
therefore needs to be thrashed out by amending
IMPLEMENTATION STRATEGY Rules to earmark specified portion of CSR funds for
different locations/themes. For instance, 50% funds
CSR implementation strategy requires resolving can be criteria for uniform pattern of spending in
following deadlocks: closed vicinity of an enterprise to cater to local
demands with explicit explanation of the term ‘local
(A) Piecemeal Widening Scope of Schedule VII: During area’ in KMs. The balance 50% can be spent on an
the last five years, scope of Schedule VII has been annual theme to ensure Pan India impact.
expanding horizontally. Very recently, Government has
allowed CSR funds spending on incubators funded (C) Compliance on spending: CSR scheme has already
by Central/State or any agency/or PSU and making attained maturity during the last about six years and
contributions to public funded universities, IITs, therefore, terms like leniency and learning on the
national laboratories and autonomous bodies. part of corporate entities must not be held a valid
Similarly, selection of 115 Aspirational Districts as a ground for compliance. The general tendency for not
national theme under CSR framework has been spending allocated funds needs harsher treatment
suggested under New India 2022 Vision Document. by adhering to regulatory mechanism to serve twin
objective of monitoring progress in spending and
There is unanimity in reports of two High Level ensuring sustainability of CSR activities. Statutory Geo
Committees that CSR mandate must not be widened tagging of CSR projects is one of the easiest
without any rationale, justification and pre-planning. alternatives to keep a track on flimsy project
Such an ad-hoc approach is neither in tune with spirit identification and implementation thereof. The
of the Scheme nor has brought credibility envisaged Committee on Public Undertakings highlighted glaring
under the Act. In fact, there is a dire need for instances where percentage of actual expenditure
incorporating an Omnibus Clause in Schedule VII out of CSR was too less or CPSEs had been
instead of making frequent piece-meal changes so undertaking activities which in no way fall within its
that CSR mandate amply takes care of anticipated purview. Hence, unethical practice of not spending
developments, priorities, needs and concerns taking funds has to be dealt with firmly.
place in the countryside. Once CSR scope is
enlarged, corporate entities based on its preferences In this context, the latest amendment in specific
and chosen sectors can liberally take up combination provisions of CSR has irked corporate sector. Fearing
of numerous activities having direct/indirect impact that criminal penalty for non-compliance of CSR
on lives of inhabitants namely, rehabilitation of earmarked funds may turn out to be a harassment
abandoned women and children; dowry less mass tool, the industry specifically called for roll back
marriages; welfare of armed forces veterans; homes thereof. As a result, Government had no alternative,
for homeless; renovation/construction of cremation but to succumb down to immense pressure and
FEBRUARY, 2020 5
announced (on 23rd August 2019) that the amended durable and sustainable assets having a lasting impact on
provisions shall be kept in abeyance. It has withheld lives of teeming millions of Poor. This pace can further be
notifying the date from which amendment will be in accelerated if corporate incentivise its functionaries by
force. Thus, CSR violations shall continue to remain instituting annual awards for excelling in CSR performance.
civil liability under status quo arrangement. Besides, CSR activities are undertaken with participation
of local leadership and the beneficiaries to give feeling of
(D) Sustaining assets: Ever since CSR launch, there ownership, mitigating maintenance issues of assets so
has been quantitative jump in increased allocations created on the spot and ensuring constant social audit to
coupled with professionalism and expertise in its minimise eventualities of pilferages/embezzlements. There
implementation. KPMG survey (June 2019) confirms would also be no harm if select entities pool CSR resources
that Reliance Industries tops in CSR spend followed in such a fashion that while monitoring mechanism remains
by Public sector giants like NTPC and ONGC. In separate with the respective enterprise, the end results
specific context of CPSEs, CSR expenditure with measurable outcomes have lasting impact on the
according to latest Public Enterprises Survey was ground.
Rs.2450.31 crores, Rs.4028.04 crores and Rs.3336.5
crores during 2014-15 to 2016-17 respectively. In the whole CSR exercise, due care be taken that
Recently, State Minister for Finance projecting a rosy there is no undue interference or direction by the
CSR picture reported that companies have spent Government in selection of CSR activities, the venue or
about Rs.50,000 crore in the last five years fixation of targets as also pin pointed by Committee on
(29.10.19). W hi le CPSEs alone share CSR Public Undertakings in case of construction of school
expenditure close to 30% Pan India, Maharashtra toilets. The decision on such vital issues be left on wisdom
tops with highest expenditure (26.6%)-having the of management of corporate who should have full
largest share of companies registered followed by autonomy and exercise due transparency in implementation
Delhi and West Bengal. strategy lest mandatory CSR spend is construed as another
form of generating additional tax or the opposite parties
Conversely, another study provides a dismal picture instead of viewing CSR as “joy of Giving” target it as
of CSR mandate. As many as 10674 (56%) out of Political Social Responsibility. More so, CSR must not be
19184 companies did not provide for CSR funds. viewed as an exercise on part of the Government to shift
Only, Maharashtra, Tamil Nadu, Karnataka and its responsibility to private sector thereby heralding another
Gujarat constituted 54% of CSR pool. Women era of CSR Inspector Raj. Once these ifs and buts are
empowerment received scant attention. Even Union guarded, CSR shall definitely bring smile to the people by
Finance Minister (Economic Times 30.10.2019) asked integrating social, environmental and human development
industry to expand their CSR outreach to poor States concerns in entire value chain of corporate business.
such as Jharkhand, Chhattisgarh, Bihar and eight
States of North East Region. To conclude, time tested CSR journey has already
evolved in a big way; travelled much beyond money; and
(E) Implement Recommendations Holistically: The two needs to run like a business. Distinct from terms like charity,
High Level Committees after examining efficacy of sponsorship or philanthropy, profit making concerns
CSR have already suggested need based, relevant endeavour to dedicate a portion of their profit to the
and very useful recommendations over and above common social good to give back to the society for
the swift changes brought in Companies Act. It is improving the quality of life. However, slowly and steadily,
strongly felt that instead of bringing piece-meal CSR mandate has taken a complete U-turn. Presently,
changes; it is high time that the Act is suitably India is probably the only country world over envisaging
amended comprehensively in an integrated manner an unparallel CSR statutory obligation. Thus, the mandate
either by an Ordinance route or in the ensuing starting its journey as voluntary on ‘comply or explain’
Parliament session with the rider that there would principle has completed a full circle at 360º. It is no more
not be any necessity to look back to the amended a buzz word, but a strategy governing stakeholders
provisions at least for the next five to seven years including regulators and civil society.
and finally setting at rest dilemma of grace period to
the corporate entities to comply with the mandate in
letter and spirit.
"Earth provides enough to satisfy
every man's needs, but not even one
APPRAISAL
man's greed."
Increased CSR allocations if utilised in right –Mahatma Gandhi
perspective, provide vast opportunities in creation of visible,
6 NCHF BULLETIN
TIME MANAGEMENT
––Umesh Chand Asawa
Time is a valuable resource and your attitude to it effectively in the medium to long-term, it will be useful to
and the way you use it means the difference between allocate your time effectively for each stage or level. You
success and failure, fitness and poor health, peace of should set a deadline for achieving each activity. Budget
mind and anx iety or depression. W hat is t ime the time in a way that would take you closer to your destiny.
management? There are two sides of better time
management: things we wish to do and things we wish to A time management grid is a very useful way of
avoid doing. analysing the demands on your time. Whether they are
demands which other people are making on you or demand
Some people use time just like any other resource. you are making on yourself, they can be evaluated in
The best time managers are those that have developed a terms of their importance and their urgency and how long
sense of different kind of time. The way you manage your you spend on each time. To stay in control, you have to
time reflects your attitude to life in general. Accepting that be ready to cope up with the unexpected when putting you
you are in charge of your life and taking responsibility for ‘to do’ list in action. It is important to try to prevent disaster
the way you use your time is the first step to a constructive from happening and to have some contingency plans ready
attitude. One thing is sure – when you begin to manage if they do occur. Schedules and charts are tools that will
your time better, you will soon notice major improvements help you to plan how much time to spend at different
in other aspects of your life. stages of project. These tools will help you rework specific
tasks and schedules you have prepared.
GETTING YOUR PRIORITIES RIGHT
DEALING WITH OVERLOAD
Few people set out on a journey without knowing
where they are heading. They drift aimlessly at home, at If you have explored a number of time management
work or at doing business not achieving anything. We techniques, you will probably know how overloaded you
spend our life dealing with crises and problems, respond are with tasks. Before you decide what to do about the
to the pressure that others put on us, do things out of overload, first clear your feelings, do not resent having too
habit and do make realistic decisions to use time to achieve much to do or are you willing to put up with this for the
our goals. Establishing how much time you should be sake of your career? One course of action is to negotiate
devoting to different areas-planning ahead will help you to your overload. Your second option is to say ‘No’ to any
avoid the pitfalls of crisis time management. Also, if you additional piece of work. The third option is simply to
try to meet all the demands, not only will you suffer from change how you feel about the amount of work you have
immense stress but also lose sight of your goals in life. to do. The important point is to remember that it is not
Seemingly, habits are routine patterns of behaviour which your fault that there is too much work to do. It has
need to be checked if they are not helpful. Once you are happened due to multiple reasons.
sure of your goals decisions become easy.
DELEGATION
Drawing your life-graph can be a powerful and
revealing experience. Most of the people will begin to know Other than in sports, you can delegate task or a duty
whether they are ready to take risk or just opt for that is actually part of your own job. You should delegate
convenience and comfort. In order to change your life tasks that are straightforward, routine or repetitive. Don’t
patterns, it will be useful to take a look at what is getting delegate ones that are too complex, too important or too
highlighted on your life-graph. It should tell you a lot about confidential. Choose the people on the basis of their skills
your priorities and the way you are allocating or utilising or their potential or because they would find the task
your time at the moment. challenging or enjoyable.
It is vital to check if your goals are realistic and if it TIME MANAGEMENT TECHNIQUES
is achievable because the last thing you want to do is to
set yourself up to fail. Look hard at your set of goals and You must face up to the fact that you have been
set the priority. Cut out your task and to manage your time wasting time in the past and once you admit your
FEBRUARY, 2020 7
procrastination, you can start to do something about your films. Finally don’t allow yourself to stop until you have
problem. You should start looking at the benefits of doing worked for at least one hour.
the work-not just the things you hate. Certainly you will
complete the tasks that you found challenging or PLANNING YOUR TIME
unpleasant. Accept that a job in not going to go away if
you procrastinate. It will only get worse if you put it off Remember all good superheroes require practice,
indefinitely. Make up your mind to face it. learning and time to reach the peak. When you engage in
competitive business or work, using time properly becomes
TECHNIQUES FOR OVERCOMING PROCRASTINATION crucial. Between practice, team meetings, job assignments
etc., you have got a lot on your plate. Don’t let others
Plan to make Time your partner, not your opponent. decide your destiny. How you see yourself determines
Take the difficult work first. Break the big task down into your worth, future and success.
small tasks. The important thing is to make a start. Start
anywhere if you find it difficult to start. Commit yourself to Setting goals provides us the foundation to build our
a mentor to tell what you are going to do. Make yourself career. When we expose ourselves to our environment
accountable to that person. Set your priorities based on and our experiences, we shape our perceptions and our
the chart designed by you. Set your own deadline and thought process. Besides being aware of our weaknesses,
reward yourself at each stage throughout the job and when maximising our strengths and knowledge skills will take
it is finished. Avoid what distracts you especially socialising us higher level of leadership.
online or playing games or chatting or watching videos or (Courtesy: Hamara Prayas-Special Issue 2019)
8 NCHF BULLETIN
LEGAL COLUMN*
IN THE SUPREME COURT OF INDIA
(BEFORE THE HON’BLE MR. JUSTICE DEEPAK GUPTA,
HON’BLE MR. JUSTICE ANIRUDDHA BOSE)
FEBRUARY, 2020 9
property in favour of Madegowdas predecessor and The Trial Court and the First Appellate Court have
subsequent allotment in favour of Manchegowda was not decided in favour of the plaintiff on the ground that the
believed by Trial Court and the First Appellate Court. The buyer was not present at the time of registration of sale
second set of defendants were unsuccessful before the deed. There is evidence to the effect that the second
First Appellate Court. defendant (Manchegowda) had not come to the office of
the Sub-Registrar at the time of execution of the sale
High Court upturned deed. But as per law as it stood at the material point of
time, there was no necessity of presence of purchaser at
In the appeal filed by the legal representatives of the Registration Office during the registration of sale deed.
Manchegowda under Section 100 of the Code of Civil The deed was executed by Madegowda and that aspect
Procedure, 1908, the High Court of Karnataka found the has not been disputed. The deed in question does not fall
sale deed to be valid relying on Sections 32, 34 and 36 within Sections 31, 88 and 89 of the Registration Act.
of the Registration Act, 1908 read with Rule 41 and 71, Section 32 of the said Act does not require presence of
Karnataka Registration Rule 1965. The High Court both parties to a deed of sale when the same is presented
observed and held that it is clear that the presence of the for registration. In the light of the above, the impugned
purchaser is not required when the document is presented judgment does not call for any interference as it is well
for registration before the Sub-Registrar. The Trial Court reasoned and in accordance with law.
has failed to take note of the aforesaid provision of law of
the Registration Act and has erred in holding that merely HELD
because the defendant was not present the sale deed in
his favour cannot be taken as valid in law. In the survey of the facts and circumstances it
becomes perspicuous that the challenge made by the
Once the sale deed in favour of the defendant is held appellant against the impugned order cannot obtain the
to be valid in law and the said sale deed being executed forensic support and it will certain have to fail. The
earlier in point of time by the vendor Manchegowda, the impugned order has been issued after analysis and
question of the said vendor Manchegowda retaining any assessing the various factors. The order is irreproachable
interest in the suit property will not arise and, as such, he and cannot be found fault with and therefore the appeal
could not have once again sold the very same property on a stands dismissed.
later date in favour of the plaintiff. Therefore, the substantial
Note : Please write to NCHF Secretariat for copy of above
question of law raised was answered in negative. judgment, if required.
10 NCHF BULLETIN
In a welfare State, right to property is a human right,
SNIPPETS said a Bench of Justices Indu Malhotra and Ajay Rastogi.
COOPERATIVE SOCIETIES GET 22% TAX OPTION “A welfare State cannot be permitted to take the plea
of adverse possession, which allows a trespasser i.e. a
Finance Minister Smt. Nirmala Sitharaman on person guilty of a tort, or even a crime, to gain legal title
February 1 proposed that cooperative societies be given an over such property for over 12 years. The State cannot be
option to be taxed at 22% plus surcharge, albeit without any permitted to perfect its title over the land by invoking the
exemptions. doctrine of adverse possession to grab the property of its
own citizens,” said Justice Malhotra.
Presenting the Union Budget for 2020-21, the Finance
Minister said cooperative societies played an extremely The Court was hearing a plea filed by Vidya Devi, a
important role in the country’s economy by facilitating widow, whose four acres of land was taken over by the
access to credit, procurement of inputs and marketing of Himachal Pradesh Government in 1967. “The appellant
products to their members. (Ms. Devi) being an illiterate widow, coming from a rural
background, was wholly unaware of her rights and
“As a major concession and in order to bring parity entitlement in law, and did not file any proceedings for
between the cooperative societies and corporates, I compensation…..,” said Justice Malhotra.
propose to provide an option to cooperative societies to
be taxed at 22% plus 10% surcharge and 4% cess with When Ms. Devi, 80, learnt about her rights in 2010
no exemption/deductions,” the Finance Minister said. from her neighbours, who had also lost their property, she
approached the Himachal Pradesh High Court. However,
These cooperatives are currently taxed at a rate of when the HC asked her to file a civil suit in the lower
30% with surcharge and cess. (THE HINDU, 2ND FEBRUARY, 2020) court, she moved the Supreme Court.
AFFORDABLE HOUSING GETS TAX HOLIDAY Ordering the State to pay her Rs.1 crore in
compensation, the Supreme Court noted that in 1967,
The Budget on February 1 has extended Rs.1.50 ‘right to private property was still a fundamental right’ under
lakh benefit on interest paid on affordable housing loans Article 31 of the Constitution.
by a year to March 2021 and also given tax holiday for
another year to affordable housing developers to boost Property ceased to be a fundamental right with the
housing in the country. 44th Constitution Amendment in 1978. Nevertheless, Article
300A required the State to follow due procedure and
“For realisation of the goal of ‘Housing for All’ and
affordable housing, in the last Budget I had announced an DCHFC CELEBRATED NATIONAL VOTERS’ DAY
additional deduction of up to Rs.1.50 lakh for interest paid
on loans taken for purchase of an affordable house…. In One of the member organisation of NCHF namely
order to ensure that more persons avail this benefit and to the Delhi Cooperative Housing Finance Corporation
further incentivise the affordable housing, I propose to extend (DCHFC) celebrated the National Voters’ Day at its
the date of loan sanction for availing this additional deduction corporate office at New Delhi. The theme of this year’s
by one more year,” Union Finance Minister Smt. Nirmala National Voters’ Day was ‘Electoral Literacy for Stronger
Sitharaman said. (THE ASIAN AGE, 2ND FEBRUARY, 2020)
Democracy’. On this occasion, Shri Rajesh Goyal,
Chairman, DCHFC administered Voters’ pledge to the staff
PRIVATE PROPERTY IS A FUNDAMENTAL RIGHT, SAYS members of the DCHFC.
SC
FEBRUARY, 2020 11
authority of law to deprive a person of his or her private a BoD is aimed at separating the executive and supervisory
property, the Supreme Court reminded the Government. roles in an UCB. Earlier, all these roles were vested with
(THE HINDU, 13TH JANUARY, 2020) the BoD. “Since UCBs are accepting public deposits, it is
imperative that a separate mechanism be put in place to
NAREDCO ROLLS OUT FIRST ONLINE PORTAL protect the interests of depositors,” the RBI said.
Real estate lobby group NAREDCO has launched the The RBI asked all UCBs to constitute a BoM under
country’s first e-commerce portal, www.housingforall.com, the directions of its BoD within a year. A BoM should have
for ready-to-move in houses which its members will upload a minimum of five members, excluding the CEO, and a
for home buyers. The organisation said the developers will maximum of 12 members. The CEO would be a non-
be allowed to upload the details of projects that have got voting member in the BoM. “The BoM shall exercise
Occupation Certificates (OCs) for the next one month, and oversight over the banking related functions of the UCBs,
then it will be open for home buyers with a 45-day sale period. assist the BoD on formulation of the policy and any other
For the initial 15 days, buyers will be able to view offers and related matters specifically delegated to it by the BoD for
shortlist their homes and will be able to start making proper functioning of the bank,” the circular said.
purchases from March 1 till March 31. (THE TIMES OF INDIA, 1ST JANUARY, 2020)
While Union Housing Secretary Shri Durga Shankar INDORE, JAMSHEDPUR LEAD SWACHH 2020 TABLE
Mishra used the analogy of an ecommerce giant to say
this could be like the “Amazon for real estate sector”, Indore and Jamshedpur have topped the cleanliness
experts were of the view that people don’t buy houses charts for two consecutive quarters among cities with over
online, though the portal will help them to get all the details 10 lakh population and with 1 lakh to 10 lakh population
and work as a facilitator. respectively. Kolkata remained at the bottom of the ranking
of 49 major cities across both quarters as West Bengal did
Nat ional Real Estate Dev elopment Council not participate in the nationwide exercise. The Union Ministry
(NAREDCO) claimed that builders will make the best offer of Housing and Urban Affairs (MoHUA) announced the
to buyers and they can book directly through the portal results of the first and second quarters of the Swachh
with a payment of Rs 25,000. The booking amount will be Survekshan 2020. The rankings, being conducted in a
fully refundable. It said at least 1,000 projects would be league format for the first time, were split into three quarters
listed on this portal to give maximum option to the buyers. (April to June, July to September and October to December
2019) and different categories based on the population of
Launching the portal, Shri Mishra said, “It is a huge the city.
step for prospective home buyers. W hile having a
discussion with the stakeholders, I told them that credibility Shri Durga Shanker Mishra, Secretary, MoHUA said
needs to be the most important factor in this portal. If a Indore, which had been judged number one in the past
person is willing to buy a property then location, price three sanitation surveys, remained in the top slot in the
should be exactly what is promised on the portal.” first two quarters of 2019. Bhopal, which came in second
(THE TIMES OF INDIA, 15TH JANUARY, 2020) in the first quarter, was replaced by Rajkot in Gujarat in
the second quarter. Surat was at number three in the first
COOP BANKS TO HAVE MANAGEMENT BOARD quarter, but Navi Mumbai made it to the third spot in the
second quarter rankings. Shri Mishra said West Bengal
The Reserve Bank on India (RBI) has asked all Urban officials had assured him that the State would participate
Cooperative Banks (UCBs) with deposits of over Rs.100 in the ranking next time.
crore to constitute a Board of Management (BoM)
comprising experts to oversee their functioning which in Among cities with population between 1 lakh and 10
turn will report to its Board of Directors (BoD). lakh, Jamshedpur in Jharkhand got the top rank in both
quarters. New Delhi fell from second position in the first
The RBI also said that these banks should have a quarter to sixth position in the second quarter and was
BoM for seeking approval to expand their area of operation replaced by Chandrapur in Maharashtra at second place.
and also open new branches. It also said that large UCBs A national-level survey of cleanliness of cities will begin
should obtain prior approval of the RBI for appointment of from January 4, leading to the final Swachh Survekshan
their CEOs. 2020 rankings.
The change in rules came against the backdrop of Shri Hardeep Singh Puri, Minister of State (I/C) for
a scam at the city-based PMC Bank that had over nine Housing and Urban Affairs said the cleanliness survey
lakh depositors. The establishment of a BoM in addition to had become a “part of our consciousness”, after starting
12 NCHF BULLETIN
from a limited survey of 73 cities in 2016 to today, covering Petitioner Saurabh Sindwaani had booked a flat in
almost all urban areas. (THE HINDU, 1ST JANUARY, 2020) Edifice in November 2012 and agreed to pay Rs.1.98 crore
for the same as per the buyer-builder agreement. But
LOCAL BODIES TO PAY COMPENSATION FOR despite paying up by May 2017, Saurabh was not given
FAILURE TO TREAT WASTE, SAYS NGT the flat’s possession and the developer demanded
Rs.50,000 more towards higher compensation to farmers.
The National Green Tribunal (NGT) has warned that (THE TIMES OF INDIA, 25TH JANUARY, 2020)
A Bench headed by NGT Chief Justice Adarsh Kumar For centuries, builders have been making concrete
Goel also directed that an ‘environment monitoring cell’ has roughly the same way: by mixing hard materials like
to be set in the offices of Chief Secretaries of all States and sand with various binders, and hoping it stays fixed and
Union Territories. While observing that there was a huge rigid for a long time. Now, a team of researchers at the
gap in the amount of waste generated and treated, the Bench University of Colorado, Boulder, has created a rather
said, “Current processing of waste generated and collected different kind of concrete — one that is alive and can
is also not taking place on a regular basis. For any person even reproduce.
travelling by train, hot spots of scattered garbage and
overflowing sewage are common sights.” Minerals in the new material are deposited not by
chemistry but by cyanobacteria, a common class of
The Bench said, “Satisfactory sewage management microbes that capture energy through photosynthesis. The
also remains a far cry. This unsatisfactory state of affairs photosynthetic process absorbs CO2, in contrast to the
must be remedied at the earliest and in a time-bound production of regular concrete, which spews huge amounts
manner by initiative at the highest level. Accountability of that greenhouse gas. Photosynthetic bacteria also give
needs to be fixed and consequences for failure clearly the concrete another unusual feature: a green colour. “It
provided and enforced.” really does look like a Frankenstein material,” said Wil
Srubar, head of the research project. The green colour
The green panel also specified that financial burden fades as the material dries.
may be shared with the State Governments in case the
local bodies are unable to bear the costs for remedial To build the living concrete, the researchers first tried
action. “Apart from compensation, adverse entries must putting cyanobacteria in a mixture of warm water, sand
be made in Annual Confidential Reports of CEO of the and nutrients. The microbes absorbed light and began
said local bodies and other senior functionaries in producing calcium carbonate, gradually cementing the sand
Department of Urban Development, etc. who are particles together. But the process was slow. Srubar
responsible for compliance of orders of this Tribunal,” the suggested adding gelatin to strengthen the matrix. The
Bench added. (THE HINDU, 18TH JANUARY, 2020) researchers dissolved gelatin in the solution with the
bacteria. When they poured the mixture into molds and
RELIEF TO HOMEBUYERS ON COST ESCALATION cooled it in a refrigerator, the gelatin formed its bonds —
“just like when you make Jell-O,” Srubar said. After about
The National Consumer Disputes Redressal a day, the mixture formed concrete blocks in the shape of
Commission (NCRDC) has ruled that developers are not whatever molds the group used.
entitled to charge homebuyers for the additional
compensation component that was granted to farmers if Stored in relatively dry air at room temperature, the
the cost of a flat was fixed after the Allahabad High Court’s blocks reach their maximum strength over the course of
October 2011 judgment. days, and the bacteria gradually begin to die out. But even
after a few weeks, the blocks are still alive; when again
On October 21, 2011, the High Court ordered the exposed to high temperature and humidity, many of the
Noida and Greater Noida Authorities to pay additional bacterial cells perk back up.
compensation of 64.7% to farmers in Gautam Budh Nagar
from whom the land for housing projects was acquired. The group can take one block, cut it with a diamond-
The order of the country’s top Consumer Court that came tipped saw, place half back in a warm beaker with more
out was in favour of a buyer who had bought a property raw materials, pour it in a mold, and begin concrete
at Prateek Edifice, a 400-unit housing project in Noida’s formation anew. Each block could thus spawn three new
Sector 107. The developer, Prateek Group, said it would generations, yielding eight descendant blocks.
abide by the decision of the NCRDC. (THE TIMES OF INDIA, 17TH JANAURY, 2020)
FEBRUARY, 2020 13
BUI LDER TOLD TO PAY RS.68.51 L AKH FOR
VIOLATING ENVIRONMENTAL NORMS
The National Green Tribunal (NGT) has imposed an
environmental compensation of Rs. 68.51 lakh on a builder
for construction in the green area of a housing complex in
Gurugram, Haryana.
A Bench headed by NGT Chairperson Justice Adarsh
Kumar Goel directed the developer to deposit the amount
with the Central Pollution Control Board within one month.
“Powers of regulatory authorities were required to be
exercised in accordance with these pri ncipl es.
Environmental Impact Assessment procedure was required
to be duly followed. The Deed of Declaration filed by the
builder in 2009 showed the spot to be an open area which
was the basis on which the flats were allotted prior to
2010,”the Bench observed.
Noting that out of a 10.98 acre land meant for the
project, construction took place on a 3.05 acre land, the
Bench said,”[space meant for] open area was converted
into covered area for a commercial tower, irreversibly taking
away the rights to ecological services of the persons to
whom the flats were allotted.” The directions came following
a report furnished by the Ministry of Environment, Forests
and Climate Change (MoEF&CC) recommending
environmental compensation to be paid by the builder.
The Tribunal was hearing a plea moved by petitioner
Anil Uppal and others who alleged that a housing complex
in Gurugram developed by the Ambience Developers and
Infrastructure Private Limited had carried out construction
on an area meant for green space. “Open areas in the
colony are shrinking. Groundwater extraction was
excessive. The builder had undertaken construction on
designed open spaces, blocking fresh air and sunlight.
The approved zoning plans are required maintaining at
least 15% of the total areas as open space,” the plea had
said. (THE HINDU, 15TH JANUARY, 2020)
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FEBRUARY, 2020 15
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FEBRUARY, 2020 17
THE IDEAL HOMES COOPERATIVE
BUILDING SOCIETY LIMITED
IDEAL HOMES TOWNSHIP, BANGALORE – 560 098
E-Mail : ihcbs.idealhomes@gmail.com
Phone : 080-28600892
WITH
THE BEST COMPLIMENTS
FROM
BOARD OF DIRECTORS
1. SRI C. M. SUBBAIAH PRESIDENT
2. SRI M. RAJKUMAR VICE-PRESIDENT
3. SRI K. JAISIM DIRECTOR
4. SRI NANDKISHORE MALU DIRECTOR
5. SRI D.M. MUNIYAPPA DIRECTOR
6. SRI G. S. JAGADEESHA DIRECTOR
7. SRI M. T. BIPIN DIRECTOR
8. DR. M. G. ANAND DIRECTOR
9. SMT. K.V. VIJAYALAKSHMI DIRECTOR
10. SMT. BHARATHI A.P. DIRECTOR
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FEBRUARY, 2020 19
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