The field units have been given instructions to process the requests expeditiously and any deliberate delay or harassment may be brought to the notice of the concerned Chief General Manager (CGM) of the Circle who in turn will provide necessary assistance.

    According to the revised policy, the educated unemployed persons, who would apply should be of 18 years or above on the date of application. There shall not be any upper age limit. The candidate should be atleast matric or high school and above for urban areas and eighth or middle pass and above for rural areas. For DoT retirees the eligibility criteria is eighth or middle pass both in urban and rural areas. No educational qualification is required in respect of handicapped including mentally handicapped and blind, Ex-servicemen, SC/ST and war widows in urban as well as rural areas. Educational qualification is also not required where Charitable Institutions, Educational Institutions and Army establishments apply for STD PCOs.

    The policy stipulates that one STD/ISD PCO shall be allotted to each eligible applicant. More than one PCO can be allotted in the same premises, if desired by the franchisee, in the cities and towns where competition from private basic service providers exist or whenever starts in future as per the existing instructions.

    There shall be no specific percentage of exchange capacity earmarked for STD/ISD/Local PCOs. PCOs can be allotted to any extent of the exchange capacity in order to clear the waiting list wherever telephone is available on demand. At all other places 10% of the exchange capacity shall be utilised for PCOs. Wherever there is waiting list, war-widows, SC/ST, handicapped persons and Ex-servicemen shall be allotted STD/ISD PCOs in relaxation of the 10% exchange capacity constraints.

    Further, the STD/ISD PCO Allotment Committees functioning in the Secondary Switching Areas (SSAs) and the condition of average earning of the existing franchisees for allotting new PCOs stand abolished. STD/ISD PCOs are to be allotted irrespective of the amount of average earning of the existing PCOs.

    All other provisions such as amount of security deposit, minimum guaranteed revenue, billing procedure etc. laid down on the subject and not amended now shall remain unchanged.

    The MAC also decided to lay down guidelines regarding fixation of time frame within which the State Governments should decide applications for grant of mineral concessions. Shri Dhindsa had earlier expressed concern over the unnecessary delay in the time taken for processing of the applications.

    After a day long agenda of discussions on various issues governing the mining and mineral sector, the Mineral Advisory Council unanimously recommended important amendments to the Mineral Concession Rules, 1960 and Mineral Conservation and Development Rules, 1988 which would further streamline the procedures and facilitate the State Governments in exercising powers as per the delegated provisions of the Mines and Minerals (Development and Regulations) Act, 1957.

    The recommendations also include identification of the minerals and mines for which the State Governments would be empowered to approve the mining plans. Notification of guidelines for computing royalty on minerals on ad-Valerom basis was also recommended.

    The DTO has also decided to set up 375 Internet Nodes (IN) at least one each in all Secondary Switching Areas (SSAs). 245 such nodes covering 215 SSAs have already been commissioned. The remaining nodes are likely to be commissioned progressively by December this year. SSA constitutes the basic field level executive unit of the DTO.

    The DTO planned the NIB which is a broad based access network meant to provide convenient and easy accessible points for DTO and the private Internet Service providers (ISPs) so that they can connect their point of presence (POP). This will help in providing better Internet service to the subscribers.

    In his introductory remarks at the State Health Ministers Conference, here today, Dr. Thakur has said that his Ministry has put up 'Kala-Azar' in the eradication mould. It will be eradicated in a year's time. Centre will bear the full expenses and the States like Bihar, U.P and West Bengal will be benefited. Cataract operation will be free for the poor in the Government hospitals all over the country. The Centre will bear the cost under the National Blindness Control Programme.

    Health status of the nation cannot be improved without the participation and cooperation of the States. He said that the States have greater role in improving the health care system of the country. He emphasised the need for coordination with the other Departments like Education and Drinking Water Supply etc. so that all the available resources can be pooled together and fully utilised.

    The Minister initiating the discussion on the agenda of the Health Ministers Conference, has elicited the States' views on Government's approach to the iodisation of salt whether it be mandatory or voluntary. Most of the States expressed in favour of mandatory iodisation of salt for direct human consumption in public interest. Gujarat has come forward to supply the iodised salt at affordable price to the entire country for which Centre's financial support is required to enhance the iodised salt production capacity of the State. 11 States have already been selling the iodised salt through Public Distribution System at the price ranging from 25 paise per kg. in Himachal Pradesh to Rs.3.50 per kg. in other States.

    Earlier, the Minister chatting with the media, has said that his Ministry will undertake a year long pilot project on surveying the extent of iodine deficiency in selected pockets in all the States from next month.

    The Minister has released the book on the Data Base on all aspects of 400 Medicinal Plants used in Ayurveda, brought out by the Central Council for Research in Ayurveda and Siddha (CCRAS) on this occasion.

    All but the two States of Arunachal Pradesh and Jammu & Kashmir are represented by the Ministers. These two States are represented by their Health Secretaries.

    Both the countries reviewed the progress achieved in the implementation of measures for ensuring security along the India-Myanmar border and pledged to further strengthen their bilateral cooperation in this regard. They also welcomed the completion by the end of this year of the Tamu-Kalewa highway project which will significantly improve cross-border transport, and communication between the two countries. The highway, which is being built with Indian assistance, links the India-Myanmar border in Manipur with Kalewa on the Chindwin river in Myanmar. Kalewa is an important point on the route from the India-Myanmar border to Mandalay, Myanmar’s second largest city after Capital Yangon.

    The Home Secretary of India and his delegation also paid a brief visit to Bagon to have a glimps of the rich cultural and artistic heritage of Myanmar.

    The Indian delegation during its stay also called on Lt. Gen. Khin Nyunt, Secretary-1 of the State Peace and Development Council of Myanmar, Col. Tin Hlaing, Minister of Home Affairs and U Saw tun, Minister for Immigration and Population.

    The mechanism of National level Meetings, on an annual basis, was initiated in 1994, between the Ministries of Home Affairs of the two neighbouring countries. The meetings are held, alternatively, in India and Myanmar, respectively. The Sixth National Level Meeting was held in New Delhi in august, 1999

'20'

    Speaking at the function Shri Santosh Kumar Gangwar said that the "Oil Major" Indian Oil has been contributing to the development of the community in many ways, apart from making available petroleum products in all parts of the country. He called upon the young sports persons of the Corporation to put in their best efforts so that IOC and, ultimately, the country earn greater success in the international events like the forthcoming Olympic Games at Sydney. Shri E. Ponnuswamy said that the young sports persons should continue their hard work to achieve greater heights. He emphasised that the difference between success and failure lies in the way one performs the task. It is therefore necessary that all out efforts are made with right mix of strategy and hardwork.

    Shri K.P.S. Gill, President of Indian Hockey Federation, Shri Ajit Pal Singh, Former Captain - Indian Hockey Team and Shri Aslam Sher Khan, Former Member of Indian Hockey Team also spoke on the occasion.

    The Indian contingent participating in the Sydney Olympics also comprises players from the IOC sports fraternity. They are: Shri Chetan Baboor & Shri S. Raman in the Table Tennis discipline; Shri P. Gopichand & Ms. Aparna Popat in the Badminton discipline and Shri Deepak Thakur & Shri Devesh Chauhan in the Hockey event. The Corporation has been supporting its sports personalities by giving the facility of time-off from office for practice and reimbursement. Presently 69 sports people of outstanding talents from various sporting disciplines are on the rolls of Indian Oil.

    The Government had constituted on 22.10.99 a Committee consisting of experts to examine the existing law relating to winding up proceedings of companies in order to re-model it in line with the latest developments and innovations in the corporate law and governance and to suggest reforms in the procedure at various stages followed in the insolvency proceedings of companies to avoid unnecessary delays in tune with the international practice in this field.

2. This Committee was asked to examine and make recommendations with regard to:-

1. the desirability of changes in existing law relating to winding up of companies so as to achieve more transparency and avoid delays in the final liquidation of the companies.
2. the mechanism through which the management of companies will be conducted after the winding up of order is issued and the authority which will supervise timely completion of proceedings.
3. the rules of winding up and adjudication of insolvency of companies.
4. the manner in which the assets of the companies are brought to sale and the proceeds are distributed efficiently and
5. a self-contained note on winding up of companies having regard to the Sick Industrial Companies (Special Provision) Act, 1985 and the Securities Contracts (Regulations) Act, 1956 with a view to creating confidence in the mind of investors, creditors, labour and other shareholders.

3. Constitution of this Committee was as under:

1. Shri Justice V.Balakrishna Eradi,

Retired Judge of Supreme Court - Chairman

2. Shri S. Ramaiah,

4. The Committee has met on several occasions during its tenure. It had prepared a Self- Contained Questionnaire consisting of 26 Questions. This Questionnaire was circulated among Regional Directors/Registrar of Companies/Official Liquidators, Bar Associations, Chambers of Commerce, Professional Bodies/Associations etc for their comments. The Committee had also heard outside Experts including Secretary, D/o Banking, Secretary, M/o Labour and Members of Board for Industrial and Financial Reconstruction (BIFR).

5. The Committee had also visited Offices of Official Liquidators, DCA at a few Metropoliton centres to actually see the difficulties faced by them. It had also constituted a Sub-Group to study the Insolvency Laws of other countries including UK, Singapore etc.

6. Shri Arun Jaitley, Minister of State for Law, Justice and Company Affairs and Information and Broadcasting alongwith Justice Shri V.Balakrishna Eradi, Chairman of the Committee and other Members of the Committee has submitted the Report to the Hon’ble Prime Minister on 31^st August, 2000.

7. The Committee has made following recommendations/suggestions:

1. The Committee, therefore, recommends that the provisions of Part VII of the Companies Act, 1956, be amended to include the provisions for setting up of a National Tribunal which will have,-

1. the jurisdiction and power presently exercised by Company Law Board under the Companies Act, 1956;
2. the power to consider rehabilitation and revival of companies – a mandate presently entrusted to BIFR/AAFIR under SICA ;
3. the jurisdiction and power relating to winding up of companies presently vested in the High Courts. In view of above recommendations Article 323B of the Constitution should be amended to set up National Tribunal. SICA should be repealed and the Companies Act, 1956 be amended accordingly.

1. Committee recommends that the Tribunal should be headed by a sitting judge or a former judge of a High Court and each of its Benches should consist of a judicial member and a technical member.

• Tribunal shall have such number of member as may be prescribed by the Central Government. The principal Bench of the Tribunal should be located at New Delhi and its Benches should be located at the principal seats of each High Court. The Central Government may set up more such Benches if so required. While passing the order for winding up of a company, the Tribunal shall have power to prescribe time limit for each step to be taken by the Liquidator in the course of winding up process. The Tribunal shall also have power to prescribe the time limits for compliance of each step by parties while considering the reference for revival of sick companies.

• The Tribunal should be vested with the power to transfer all proceedings from one Private Liquidator to another "Private liquidator" or to the "Official Liqudiator", as the circumstances of case may require.The Tribunal shall have the power to direct the sale of business of the company as a going concern or at its discretion to sell its asset in a piece-meal manner.

(iii) There should be two distinct aspects of the liquidation :-

1. sale of assets (ii) distribution of sale proceeds

(iv) Part VII of the Companies Act, 1956 should incorporate a new substantive provision to adopt the UNCITRAL Model Law as approved by the United Nations and the Model Law itself may be incorporated as a Schedule to the Companies Act, 1956, which shall apply to all cases of Cross-Border insolvency.

(v) The Companies Act, 1956 should adopt the necessary principles enunciated under the heading "Legal Framework" , "Orderly and Effective Insolvency Procedures – Key issues" on page 9 of the publication of the Legal Department of International Monetary Fund (Annexed as…..) to bring the provisions of the Companies Act, 1956 in line with international practices.

(vi) The Committee is of the view that there is a need to encourage voluntary winding up of companies. To achieve this object, a provision may be made in the Companies Act, 1956 to provide a company having paid-up capital of Rs. 10 lac or more may submit a petition for its winding up in the process Tribunal and companies with paid-up capital below that amount must resort to voluntary winding up. Creditors may approach the Tribunal for winding up only if a company defaults in payment of undisputed debts exceeding Rs. 1,00,000 and in other cases of default, creditors voluntary Winding up should be resorted. The provisions regarding winding up subject for supervision of court may be deleted as such cases will be taken care of by procedure of compulsory winding up by Court.

(vii) Tribunal may continue to have jurisdiction for winding up the companies on grounds stated in section 433 but following further grounds may be added therein, namely:-

1. a company has failed to file balance sheet and profit and loss accounts and/or annual returns for last three years on due dates;or
2. any action of the company has or is likely to threaten the security or integrity of India. Share holder or the Central Government will be entitled to file the petition under on aforesaid grounds.

(viii) Provisions of Companies Act, 1956 be expanded to allow petitioners to take recourse to Administrative Order Procedure (Annexed as…….), on the lines of UK Insolvency Act, 1986. The Committee strongly recommends appointing Insolvency Professionals who are members of Institute of Chattered Accountant of India (ICAI), Institute of Company Secretaries of India (ICSI), Institute of Cost and Work Accountant of India (ICWAI), Bar Councils or corporate managers who are well versed in Corporate management on lines of U.K. Insolvency Act. For this purpose Central Government may maintain a panel of persons who may act as professional Insolvency practitioners subject to their fulfilling of the qualification and experience as may be specified by rules.

(ix) The provisions of section 435 of the Companies Act, 1956 empowering courts to transfer winding up cases to District Courts may be deleted .

(x) It should be obligatory for a company filing a winding up petition to submit the Statement of Affairs along with the petition for winding up. In cases where the company opposes winding up petition, it should file Statement of Affairs along with its counter affidavit/reply statement. The Statement of Affairs should be accompanied by latest addresses of directors/company secretary of company, a details of location of assets and their value and debtors and creditors list with complete addresses. This will ensure speedy winding up of the company.

11. (a) "A Fund for Revival and Rehabilitation" preservation and protection of companies may be created under the supervision and control of the Government. The Fund shall be maintained and operated by an officer authorised in that behalf of such Government.

(xii) The Committee is of the view that the winding up order passed by the Tribunal should be made available to the liquidator within a period not exceeding two weeks from the date of passing of the order.

(xiii) The directors and officers of the company should be responsible for ensuring that books of account are completed and got audited up to the date of winding up order and submitted to the Tribunal at the cost of company failing which such directors and officers should be subjected to monetary penalty as well as imprisonment.

(xiv) The Committee recommends that, the present system of liquidator required to seek the court’s directions, even for small matters relating to routine administrative decisions not only causes delay in winding up but also takes valuable time of the court. Therefore, the Committee recommends that the liquidator should not seek the sanction of the court except for important matters such as confirmation of sale of assets and distribution of proceeds realised.

(xv) The Committee is of the view that appropriate legislative action must be taken to ensure that the claims of all employees of a company and its secured creditors are ranked "pari-passu".

(xvi) The Committee is of the view that the specific provisions may be made in the Companies Act, 1956 that the liquidator may distribute interim dividend.

(xvii) The Committee recommends there should be a two point criteria for determining the maintainability of the reference for revival and rehabilitation to the of a company to the Tribunal, namely, that the company has suffered 50% of erosion of its net worth or there is a debt default involving a sum of not less than Rs.1 lakh in respect of undisputed debts.

(xviii) The reference to the Tribunal for revival by a company should be voluntary. As already stated the jurisdiction of hearing references of revival and rehabilitation of companies will vest in the Tribunal and not BIFR as at present.

(xix) Apart from the paucity of qualified, competent and trained staff, OLs have not been provided with modern infrastructure facilities and in absence thereof, they are unable to cope with the increased work load and are unable to discharge their duties efficiently. Committee is of the view that offices of OLs should be strengthened by appointing qualified, competent and trained staff. In addition computers and other modern facilities be provided in OL offices.

20. The committee is of the view that an explicit provision need be made in the Companies Act giving a right to the secured creditors to file proof of debt with the liquidator without surrendering his status as a secured creditor and get the dividend in accordance with the priority to which he is entitled.

RECOMMENDATIONS OF THE STATE HEALTH MINISTERS CONFERENCE WILL BE SUBMITTED TO THE CABINET FOR FOLLOW-UP ACTION- Dr. C.P. Thakur

    Except Kerala, almost all the States were against lifting the ban on sale of common salt.

    All the States agreed that the population control programme will be taken up with high vigour, and the government machinery will be fully geared to fulfil the unmet needs of contraceptives, condoms and pills.

    As for AIDS control programmes, the States view was that sex education be included in the curricula from secondary school onwards. The treatment programme for the affected victims should also be included. The Ministers also suggested that the prohibitive cost of drugs for AIDS be made affordable, so that the infection through mother-to-child transfusion of blood be minimized.

    In respect of National Anti-Malaria Programme, preventive measures such as providing mosquito-nets free to the tribal population with proper instructions, and spraying of repellants in a massive scale, were among the suggestions.

    About the Primary Health Care, the Ministers felt, the existing centres be better utilized with the available infrastructure, and new centres should be set up in inaccessible areas.

    On the convergence of various departments of the government, Dr. Thakur said that the initiative has been taken by the Centre by adopting an integrated approach by working together, of the three departments of his Ministry, i.e., Health, Family Welfare and ISM, so as to make the universal health phenomena applicable to all the citizens.

    Later, talking to the media, Dr Thakur has disclosed that accountability in the health sector, both at the private and the governmental levels, will be included in the National Health Policy. He invited the corporate sector, to fund the healthcare programmes for the poor.

    On the award given by the Apex Court in respect of the P.I.L petition over the maintenance of secrecy with the patient and the family, on the AIDS infection, Dr C.P.Thakur said his Ministry would move the Court soon with the review petition, so that the infection could be contained. However, the government's stand was that the information about the confirmed AIDS cases is passed on to the patients, and the families, as well, to arrest the HIV infection.

PRESIDENT GIVES AWAY KABIR PURSAKAR AND COMMUNAL HARMONY AWARDS

    Maulana Wahiduddin Khan received the communal harmony award (in the individual category) for his outstanding contribution in the field of propagating communal harmony. The Maulana who comes from Ajamgarh in Uttar Pradesh carried on a crusade against all types of religious fundamentalism and preached universal message of peace, love and harmony. An authority on the Quran, Maulana Wahiduddin Khan has written over 100 books highlighting the human aspects of religion.

    The Bhartiya Vidhya Bhawan got the communal harmony award as a orgainsation for its outstanding propagation for promotion of communal harmony in the country. The Chairman, Bhawan’s TRUST Shri C. subramaniam received the award on behalf of the institution.

    Earlier in his introductory welcome address the Home Minister, Shri L.K. Advani said India’s concept of secularism is well known and regretted that our immediate neighbour could not reconcile with the concept of secularism as enshrined in the Indian constitution which propagates world brotherhood and co-existence. He said the present award carries highest significance in the concept.