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Mumbai school principals laud plan to set uniform age for nurseryadmissionsRicha Pinto|May 6, 2014, 11.04PM IST

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MUMBAI: Educationalists and school principals have welcomed the education directorate's proposal to

have a uniform admission age for pre-primary sections in all schools in the state across all boards from

the academic year 2015-16.

The directorate plans to fix 2.5 years as the admission age for nursery, 3.5 years for junior KG, and 4.5

years for senior KG, but the final decision will be taken after a meeting with school representatives.

At present, admission age varies from school to school, which creates a problem during the Right to

Education application processing. "Uniformity in admission age will be useful when parents want to move

their child from one board to another. Also, over time the age limit of children entering school is getting

lower, thus taking away their childhood. From the administrative point of view, it would set things very

clear," said Avnita Bir, principal of R N Podar School.

Principals said children who start school at an early age tend to suffer in higher classes as they are unable

to cope with the syllabus. "An admission age limit across boards is required so that when a child goes to

higher classes, he does not suffer as he is studying with others of his age," said Fr Jude Fernandes,

principal of St Stanislaus School.

Mohan Adtani, additional municipal commissioner in-charge of education, agreed. "We welcome the

decision as kids will not face problems when they go to higher classes."

Swapna Trilokaya, principal of Parle Tilak Vidyala, said all students develop skills at the same age if their

biological growth is right. "Most students develop motor and reasoning skills at a certain age and

sometimes, they are too young when they are asked to do or learn something."

Jayant Jain, president of the Forum for Fairness in Education, said they had received several complaints

about schools manipulating children's age for admission to pre-primary sections for their convenience.

"There is also a need to fix the syllabus till class I at least," Jain added.

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Mumbai activists' call to use Right to Service Act gathers steamMUMBAI: A citizens' movement calling for the widespread use of the Right to Service Act is gathering

steam in the city with proponents of the Right to Information (RTI) working hard to promote the use of

this virtually unknown Act.

A year after India passed the landmark RTI Act in 2005, Maharashtra passed an equally significant, yet

virtually unknown law that complements the RTI Actthe Government Servants Regulation of Transfers

and Prevention of Delay in Discharge of Official Duties Act, 2006, popularly called the Right to Service

Act.

Under this Act, "no file shall remain pending with any government servant in the department or office for

more than seven working days". For files that do not need to be transferred to another department, a
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decision, as well as necessary action, must be taken in 45 days. For those files that need to be transferred

to other departments, action must be taken within three months.

The Act also talks of a penalty for civil servants who neglect their duties.

Shailesh Gandhi, former central information commissioner, advocates the use of this Act alongside RTI.

"This appears to me to be an Act which may empower citizens and could help to bring accountability andbetter governance. I have used it to bring accountability in matters of corruption," says Gandhi, adding

that citizens can use it with the RTI Act for better governance and the delivery of timely services.

"If an application, representation or complaint has been pending with a government office for over 90

days, complain to the secretary of the department and demand that action be taken against the officers

responsible for the delay as per the provisions of this Act. Alternatively, an RTI application could be made

and then a compliant could be filed against the officers," he adds.

The Right to Service Act also helps citizens hold the government accountable for arbitrary transfers of

government officials. The Act states that "no government servant shall ordinarily be transferred unless he

has completed his tenure of posting..." It also says that, every year in January, the "competent authority

shall prepare a list of government servants due for transfer in the month of April and May". The Act says

that, under ordinary circumstances, the transfer of government servants should take place only once a

year.

Now, BMC to form buildings safety panelMUMBAI: In the wake of the building collapse in Mazagaon, the BMC will form a standard technical

advisory committee (STAC) to monitor building safety in a scientific manner. This committee will

function on the lines of the civic body's STAC for roads and will play a crucial role in deciding the nature

of dangerous categories for dilapidated buildings in the city.

The decision was mentioned in the minutes of a meeting that was held by municipal commissioner

Sitaram Kunte last Sunday.The movecomes after it was observed that at present, visual inspection, and

no scientific method, decides a building's categoryC1 (dilapidated and in need of urgent demolition), C2(dangerous part of building needs to be demolished and repaired) and C2A (those in need of urgent

repairs).

"Kunte has directed formation of a STAC to put in place a scientific method for classifying the buildings,"

said a senior civic official.

The committee will comprise experts from VJTI, IIT, two structural consultants, chief engineer

(development plan), chief engineer (planning and design) and officials from Maharashtra Regional Town

Planning Authority and public works' department, under the chairmanship of a retired HC judge. It will

hear grievances, will be instrumental in issuing structural stability certificates and handle other related

issues regarding repairs, restoration and eviction of C1, C2 and C3 category buildings.

The director, engineering services and planning (ES&P), will prepare a draft order to the effect for

approval by the municipal commissioner. The collapse has also brought to the fore another issue: when

opinions on a building's structural stability are sought from two structural engineers, it has been noticed

that two diametrically opposite views are submitted.

The director (ES&P) should hold meetings with the association of structural engineers and apprise them

about non-professional practices adopted by their members. The director should also expeditiously deal
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A doctor said that rural setups lacked basic equipment such as anaesthesia tubes, X-ray machines and oxygen cylinder. "A

doctor's stint in such badly maintained hospitals is nothing, but waste of time. There is no scope for us to put our

knowledge to use in such places," the doctor, who didn't want to be named, said.

Maharashtra floats cell tower draft policyMUMBAI: The bitter fight that ensued between the public and cellphone companies in the months leading

to the BMC's cell tower policy seems to have been pointless. The state government has decided to come

out with a new set of rules that will be uniformly applied across Maharashtra. A key change from the

BMC's policy will be that consent of 70% of a building's residents for installing a tower on it will not be

mandatory.

Another of the BMC's requirements to be done away with is that no towers should be atop buildings

housing schools, colleges, hospitals or orphanages, and specified distances should be maintained between

such buildings and towers.

The state's policy draft will be open to suggestions and objections from the public. Chief secretary J KBanthia said the state administration wants to tide over differences in the cell tower policies of various

civic bodies. Following the BMC's policy, the people of Thane, Navi Mumbai, Kalyan-Dombivili and Pune

demanded cell tower guidelines from their municipal authorities as well.

The state draft, a copy of which is with TOI, stipulates that buildings on which cell towers are installed

need to be legal. "This condition will render many existing cell towers open to action. Mumbai has over

1,800 illegal buildings that have had cell towers for 10-15 years now. When they were installed, there were

no guidelines on towers," said a senior bureaucrat in the urban development department.

But the draft also says that cell towers are critical infrastructure and existing ones should be allowed to

remain on unauthorized buildings as long as the latter are structurally safe. "If the municipality decides todemolish an illegal building that may have a cell tower, it will have to give a three-month notice to tower

operators, giving them enough time to shift," said a state official. "This aspect was not touched by the

BMC in its policy."

Incidentally, the telecom industry does not want the conditions of 70% residents' consent and minimum

distance between cell towers and schools, hospitals, etc. Industry sources said the central government's

radiation guidelines are among the most stringent in the world and so consent of a building's owner or its

housing society or managing trust should sufficesomething the state draft has included.

"Non-compliance with the country 's radiation norms attracts a huge penaltyRs 5 lakh per tower. In case

of continuing violations, the tower is liable to be made non-operational. So, there are no compromises on

radiation standards by the industry," said a source.

TIMES VIEW

This is one issue that has caused a lot ofHEARTBURN among both citizens' groups and cellphone

service-providers. A lot of "proofs" and "data from research" have been offered by both sides, with citizens

raising questions about the authenticity of "research" that claims there is no effect of cell tower radiation

on the human body. The government needs to come out with a set of guidelines that will allay public fear

about radiation issues while ensuring service is not affected.
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MUMBAI: The bitter fight that ensued between the public and cellphone companies in the months leading

to the BMC's cell tower policy seems to have been pointless. The state government has decided to come

out with a new set of rules that will be uniformly applied across Maharashtra. A key change from the

BMC's policy will be that consent of 70% of a building's residents for installing a tower on it will not be

mandatory.

Another of the BMC's requirements to be done away with is that no towers should be atop buildingshousing schools, colleges, hospitals or orphanages, and specified distances should be maintained between

such buildings and towers.

The state's policy draft will be open to suggestions and objections from the public. Chief secretary J K

Banthia said the state administration wants to tide over differences in the cell tower policies of various

civic bodies. Following the BMC's policy, the people of Thane, Navi Mumbai, Kalyan-Dombivili and Pune

demanded cell tower guidelines from their municipal authorities as well.

The state draft, a copy of which is with TOI, stipulates that buildings on which cell towers are installed

need to be legal. "This condition will render many existing cell towers open to action. Mumbai has over

1,800 illegal buildings that have had cell towers for 10-15 years now. When they were installed, there were

no guidelines on towers," said a senior bureaucrat in the urban development department.

But the draft also says that cell towers are critical infrastructure and existing ones should be allowed to

remain on unauthorized buildings as long as the latter are structurally safe. "If the municipality decides to

demolish an illegal building that may have a cell tower, it will have to give a three-month notice to tower

operators, giving them enough time to shift," said a state official. "This aspect was not touched by the

BMC in its policy."

Incidentally, the telecom industry does not want the conditions of 70% residents' consent and minimum

distance between cell towers and schools, hospitals, etc. Industry sources said the central government's

radiation guidelines are among the most stringent in the world and so consent of a building's owner or its

housing society or managing trust should sufficesomething the state draft has included.

"Non-compliance with the country 's radiation norms attracts a huge penaltyRs 5 lakh per tower. In case

of continuing violations, the tower is liable to be made non-operational. So, there are no compromises on

radiation standards by the industry," said a source.

TIMES VIEW

This is one issue that has caused a lot ofHEARTBURN among both citizens' groups and cellphone

service-providers. A lot of "proofs" and "data from research" have been offered by both sides, with citizens

raising questions about the authenticity of "research" that claims there is no effect of cell tower radiation

on the human body. The government needs to come out with a set of guidelines that will allay public fear

about radiation issues while ensuring service is not affected.

Handle construction & project agreements with care

Construction contracts require quick and effective dispute resolution processes, and not lengthy

arbitrations

Construction and project contracts, and arbitration provisions in such contracts have to be drafted and crafted by

lawyers with utmost care. There exist certain protocols and different structures for such contracts. So, beware of
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templates.

The key features are essentially the same - whether the contract administration is underFIDICorJoint Contracts

Tribunal(JCT). There is the employer, who is usually also the owner or the developer or both, the architect, who may

wear more than one hat, or there could be the engineer, who is often also the first stop for dispute resolution, and in

certain situations an internal dispute resolution board. The last resorts are the arbitrators and the court, the latter is

usually reserved for appeals and interim relief purposes.

The contractor is the key figure inasmuch as being the person executing the project. The key issues in such

agreements are that of the scope of work, time frame, deployment of labour, payments which could be on the basis

of fee plus cost of labour and equipment or lumpsum.

The protocols of the JCT are probably the oldest, its members comprising Royal Institute of British Architects, Royal

Institution of Chartered Surveyors and Institute of Consulting Engineers among others. JCT contracts do not envisage

mobilisation advances and interim payments, though interim certificates for completion of an itemised item may be

released, liquidated damages for defective work, failure to execute in accordance with scope of work are allowed.

FIDIC suit of contracts are followed in most European jurisdictions, Switzerland, Italy to name a few - FIDIC's unique

selling point is that it is used in a host of standard forms of contract between employers and contractors oninternational construction projects. FIDIC's Red, Yellow and Orange books cover civil engineering, mechanical works

including erection and turnkey contracts.

In 1999, FIDIC suites were upgraded taking into account project finance and dredgers contracts. The basic FIDIC

characteristic is lumpsum payment, minimum employer involvement and elimination of major unforeseen hazards.

In India, building activity is and continues to be rampant. These vary from mega infrastructure projects, ie, those

having horizontal multiplicity, such as, integrated housing projects and townships to simpler construction verticals in

which the entire suite of players are not required and a single contract suffices. For large projects, which are spread

out over years, the players are multiple and sub-contractor involvement is essential.

The architect and contractor are required for all building contracts in India for passing of plans and execution. Thearchitect's role is a critical one. From selection of the contractor, preparing the designs and drawings, plans,

estimates and bill of quantities and project and construction management, the architect's role requires involvement in

the entire process from inception to the point of handing over, as the owner/ employer's agent.

But the architect's duty is not just construction, it's the details, such as, measurements and elevations, as they can

be held liable for improper construction in case of failing to discharge the contractual obligations by reason of their

office such as failure to ensure proper supervision of the building process, improper certification or wrongly

withholding a certificate.

Invariably, the first major document is the advertisement for tender/ bids along with the forms and the process of

accepting and evaluation thereof. The next in line are the requirements for drawing and plans, and allocation of

duties and obligations of the key players such as, architect, engineer, contractor, designer, and employee.

The first stage is the planning, in which all the parties and agencies are involved. It involves setting the time lines,

the scope of work for each of the above agencies. In large and small contracts the architect will not be defaulted and

be held liable unless negligence can be established, and it can be demonstrated that reasonable care was taken. But

a regular, large contract usually includes and provides for the General & Special Conditions of Contract, Billing of

Quantities, in addition to the above.

The architect very often acts as an on-the -spot trouble shooter/ arbitrator to resolve disputes between the owner
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and the contractor. But this does not create a situation of conflict of interests, since the owner is the one who pays

all, which is why it is important to have a distinction, particularly as the architect could also be a potential witness in

an arbitration proceeding, which is why it is not always desirable to appoint the architect.

There are multiple contracts - as sub-contracting is a feature common to most constructions and projects are spread

out over several years and usually not completed. There are no rules as such for these contracts, though there are

norms and practices. In the Indian context the biggest impediment is that of delay, which cannot always be predictedin advance.

The legal issues that normally arise are increase or change in the scope of work and costs. Construction contracts,

therefore, require quick and effective dispute resolution processes and not lengthy arbitrations.

There could be unwarranted increase in the cost, which often renders a fixed fee contract unviable for more than one

party. To ensure that all disputes are properly addressed, it is important to provide levels of dispute resolution

mechanisms and options, with the rider that suspension of work should be permitted only by any one authority and

that also in the rarest of rare cases, and the party responsible would be liable for damages, if so warranted.

L&T judgment opens a Pandora's box

Early implementation of Goods and Services Tax can help do away with uncertainty of tax costs for the

real estate sector

Recently, the larger Bench of the apex court in the case of L&T vs state of Karnataka, held that any agreement to sell

immovable property entered into prior to construction would fall within the purview of the term 'works contract',

allowing state governments the power to levy value-added tax (VAT) on such contracts.

This issue has been a hot debate since theRaheja Developmentapex court judgment in 2005, which was with

respect to real estate transaction structures in south India, wherein the sale of land was separate from the sale of

flats unlike in most other parts of India.

The issue was also hotly contested in recent years by the real estate sector in Maharashtra, and in 2012, the Bombay

High Court ruled that such real estate transactions wherein an agreement to sell immovable property was entered

into prior to construction is subject to levy ofVATas 'works contract'. In fact, in recent months, states like Haryana

have sought to issueTRADE notices to bring under purview such agreements to sell immovable property, entered

into prior to construction within the purview of VAT as 'works contract'.

The L&T judgment has considered both the above judgments in arriving at the conclusion that states have the power

to levy VAT on such transactions as 'works contracts'.

In the facts of this case, the main object/substance of the tripartite agreement was to sell and convey fraction of

land with a fully constructed apartment. At no point was the construction for and on behalf of the purchaser, the

apartment was to be sold as an apartment and not as an aggregate of its component parts. Even in the Bombay High

Court case of MCHI, the agreement for sale is an agreement to transfer immovable property with no element of

works contract.

Facts and well settled arguments such as even if there is a construction activity undertaken by a developer, he does

not construct on behalf of the apartment owner; the owner of the apartment has no say in conceptualising the

project or any control; that the ownership of materials used in construction in such cases remain with developer;

and, that the accretion to the goods happens in the hand of the developer, allude to the fact that such an activity

cannot be treated as a works contract. The fact and settled arguments that in a conventional sale, property of goods

gets transferred as intended by the parties while in a works contract property in goods are transferred through

accretion, have all been negated in coming to the conclusion by the apex court.
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The apex court observes that though the ultimate transaction between parties may be a sale of flat, it cannot be said

that characteristics of works contract are not involved in such a transaction. Hence, when a contract comprises both -

a works contract and transfer of immovable property - it does not denude it of its character of 'works contract' and

that Article 366(29-A)(b)) contemplates situations where goods may not be transferred in the form of goods, but

maybe transferred in some other form which can even be in the form of immovable property.

This apex court judgment would be a matter of intense debate for years and will have wide implications on real

estate transactions across states. The judgment is a challenge for the real estate industry and would bring about a

plethora of complications on the ground for an industry already reeling from a slowdown and high interest rates.

The judgment will result in VAT authorities looking for recoveries from the industry within applicable limitation period.

Further, this judgment is likely to trigger new valuation issues as the court has held that only the value addition

made post-execution of an 'agreement to sell' an under construction flat would be subject to levy of VAT giving rise

to practical difficulties in implementing at the ground level. Like in the case of Maharashtra, a practical solution can

be a composition scheme with lower tax incidence of one per cent, though this judgment can embolden states to fix

higher composition rates. Further, in situations where possession has been handed over by the developers against

full and final settlements, the taxes may have to borne by the developer. This highlights the challenges of a long-

drawn process of litigation in the country, which can produce outcomes creating a huge amount of uncertainty of taxcosts for the industry, which may not be possible to recover.

Now a sale of an apartment would suffer stamp duty and VAT, both levied by state along with service tax levied by

the Centre, making such apartments more expensive. The early implementation of the goods and service tax can be

the only solution to such multiplicity of taxes and we hope the polity at large is seized of its importance.

Foreign travel policies also cover post-hospitalisation

OPD cost

It is normal even when insurance companies pay a claim to arbitrarily disallow a part of the amount without a

justification. Anila Gupta had taken ICICI Lombard's Overseas Travel Policy for the period of July 29 to August 27,

2011. Under the policy, she was entitled to cashless treatment and other benefits while abroad.

Gupta travelled to Thailand on July 29, where she fell critically ill. She was required to be admitted to a Bangkok

hospital on August 23, 2011. The next day, her husband, who was in India, sent an e-mail to the insurance company,

intimating it. It wasREGISTERED as a cashless claim. During her hospitalisation, the insurance company's officials

kept in touch with the doctors and hospital authorities. Gupta was discharged on September 26, 2011. However, as

the ailment was contagious, she could not leave Thailand and had to continue treatment as an outdoor patient.

The hospitalisation from August 23 to September 26, 2011, cost Thai baht (THB) 12.99 lakh. A substantial part of

this was paid by the insurer but the amount fell short by THB 1.14 lakh. So, Gupta was compelled to pay this. After

her discharge, she spent another THB 55,994 for treatment as an outdoor patient till October 16, 2011. Yet, she was

still not medically fit - she was on a wheelchair, required continuous oxygen support and two attendants. She called

her husband from India to help bring her back home.

Once in India, she made a claim for the expenses incurred and also for her husband's needed visit. ICICI Lombard

asked her to get a travel recommendation from the doctor. Since the claim was not settled, Gupta filed a complaint

before the Central Mumbai District Forum against the insurer and its claim processing agent, Europ Assistance India.

She claimed reimbursement for medical expenses,travel expensesincurred by her husband and son, and
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The consumer forum refused to accept this defence as the partners failed to provide evidence to

prove that the members had taken forceful possession. Instead, the forum considered the

agreement between the society and the builder and its partners to hold them guilty for not meeting

their statutory obligations.

The builder failed to comply with the statutory obligation because of which flat owners had to

undergo hardship, such as being unable to seek a redevelopment for their building, said advocate

Vinod Sampat, who appeared on behalf of the society.

How the case unravelled

The builder and the firm contended that the society residents had forcefully taken possession of the

residences and, hence, they had no obligation to hand over the certificates.

The consumer forum refused to accept this defence as the partners failed to provide evidence to

prove that the members had taken forceful possession. Instead, the forum considered the

agreement between the society and the builder and its partners to hold them guilty for not meeting

their statutory obligations.

Besides the compensation, R and D Associates and its partners will also have to pay Rs500 a day if

they fail to deliver the documents to the society in Malad in six months.

Neglected builders of modern India: Internal migrants are an

assetIn 2011, India had 400 million internal migrants, a full third of its population, according to an estimate cited in a recent UN

report, Social Inclusion ofInternal Migrantsin India. This represents mobility for the sake of livelihood, often seasonal.

Reports say that 70-80% of migrants are women marriage transfers them from the father's home to the husband's

likely to face harsh conditions and exploitation at work. Mobility has its advantages the promise of finding opportunities in

a city as opposed to stagnating in the ruraleconomybut there are associated risks. The most important is the loss of

identity without appropriate paperwork, which could lead to exclusion of social, medical and other state-given benefits. To

resolve this problem, the government must roll out its Aadhaar scheme, which gives a biometrically established identity to all

residents, faster. Armed with an Aadhaar identity, migrants would be free to go anywhere in India in search of better jobs

and incomes. Once physical subsidies are replaced by direct cash transfers, in combination with Aadhaar, migrants would

be entitled to their full entitlement anywhere in the country.

Migrants are often given the toughest, most hazardous or socially-looked-down-on jobs: work on construction sites, clearing

waste or working as lowly-paid domestic help or security guards. Yet, their contribution to the economy and growth is

immense. Estimates of remittances sent back home range from Rs 70,000 crore to Rs 1,20,000 crore every year. A statelikeBihargets 10% of its stateGDPfrom remittances sent by its large migrant labour force. Uttar Pradesh, India's biggest

state and home to 200 million people and source of large-scale migration, could get as much as 4% of its GDP from its

migrants.

As India continues down the path of diversification of economic structure and urbanisation, the number of migrants will go

up. We need policies to create new towns and new paradigms of urban planning, to provide these builders ofmodern

Indiasomething better than slums and ghettos to live in. But the first step towards institutional inclusion of migrants is

Aadhaar. Expedite that.
http://economictimes.indiatimes.com/topic/Internal%20Migrantshttp://economictimes.indiatimes.com/topic/Internal%20Migrantshttp://economictimes.indiatimes.com/topic/Internal%20Migrantshttp://economictimes.indiatimes.com/topic/economyhttp://economictimes.indiatimes.com/topic/economyhttp://economictimes.indiatimes.com/topic/economyhttp://economictimes.indiatimes.com/topic/Biharhttp://economictimes.indiatimes.com/topic/Biharhttp://economictimes.indiatimes.com/topic/Biharhttp://economictimes.indiatimes.com/topic/GDPhttp://economictimes.indiatimes.com/topic/GDPhttp://economictimes.indiatimes.com/topic/GDPhttp://economictimes.indiatimes.com/topic/modern%20Indiahttp://economictimes.indiatimes.com/topic/modern%20Indiahttp://economictimes.indiatimes.com/topic/modern%20Indiahttp://economictimes.indiatimes.com/topic/modern%20Indiahttp://economictimes.indiatimes.com/topic/modern%20Indiahttp://economictimes.indiatimes.com/topic/modern%20Indiahttp://economictimes.indiatimes.com/topic/GDPhttp://economictimes.indiatimes.com/topic/Biharhttp://economictimes.indiatimes.com/topic/economyhttp://economictimes.indiatimes.com/topic/Internal%20Migrants


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One Biological Kid From 2 MomsBOSTON: Fertility clinics have put a new twist on how to make babies: A "two-mom" approach that lets female same-sex couples

share the biological role.

One woman's eggs are mixed in a lab dish with donor sperm, then implanted in the other woman, who carries the pregnancy.

A New York doctor described 18 of these cases this week at a fertility conference in Boston that featured other research on ways to

help same-sex couples have children. Dr Alan Copperman is medical director of Reproductive Medicine Associates, a New York

City clinic that does the "twomom" approach.

A New York couple Sarah Marshall, 40, a recruiter for law firms, and Maggie Leigh Marshall, 35, a real estateBROKER

used it to have their daughter, Graham, now 18 months old. Maggie's eggs were used to make embryos that were implanted in

Sarah, and both women are listed as parents on the birth certificate.

"It allowed us both to participate," Sarah Marshall said. "I had to mentally and psychologically give up the idea of, is she going to

look like me or my family. But from the time I started carrying her up to now, she is definitely mine."

Maggie Marshall said she had no interest in being pregnant, but "Sarah really wanted to have the experience. We also thought it

would be a great way to bond with a kid that ultimately would look a lot like me."

It wasn't cheap the couple spent nearly $100,000 on multiple failed attempts before the last one worked. A single in vitro

fertilisation attempt can run $15,000 to more than $20,000, depending on how much embryo testing is done and whether some

embryos are frozen to allow multiple attempts from one batch.

One Canadian study suggests that more lesbian couples have been seeking fertility services in Ontario since same-sex marriage

was legalised in the province a decade ago. Some doctors think interest is also up in the US. For male couples, many

clinicsOFFER egg donors and surrogate moms, using one or both men's sperm.

"The modern family is created in a way that would be humbled by traditional fertil ity treatments," said Copperman. "We're seeing

more and more couples come in and want to share the parenting experience," and their medical forms more often say "wife" rather

than "domestic partner."

"This is something that a lot of lesbian couples choose to do" if they can afford it, said Melissa Brisman, a reproductive law specialist

in Montvale, New Jersey, who has advised many such couples. "Some doctors really have a problem doing this for nonmedical

reasons" because any medical procedures carry risks of infections or other complications, she added.

Many fertility specialists are willing, though, and see the risks as small.

"We get same-sex couples from all over the world" because some nations don't allow surrogacy or egg donation, said Roger Good,

chief executive officer of HRC Fertility, which runs nine clinics in Southern California.

In the US, "there is greater awareness and acceptability" of same-sex relationships, and "less prejudice has allowed them to look at

what their options are" for having children, he said.

A reliable legal system will attract long-term investors: Karen B

Peetz, President, BNY Mellon
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BNY Mellon, the corporate brand of The Bank of New York Mellon Corporation, is the largest custodian of financial assets

managing around $26.2 trillion in 35 countries and more than 100 markets.

Its president Karen B Peetz says that as an outsider, the perception is that, culturally, India does not trust market forces. The

laws in India are designed to protect it from outside influence. But over time, this is breaking down; India has liberalised

some of its rules and regulations in a number of ways, but the overseas perception is that India has still a long way to go.

''Whether you want to have the full benefit of the global economy, or not that's a choice and at some stage you need to

figure that out," she says in an interview with ET. Edited excerpts:

India seems to be falling out of favour among international investors. Why?

I think people got more scared with the financial crisis. Foreign investors and even regular investors investing in emerging

markets pulled out from emerging markets to safer places. But that will gradually come back. Frankly, the demographics are

showing that investors are coming of age. We are still very bullish. We realise that it's very cyclical.

Is the reversal to developed markets a short-term phenomenon?

The flow of financial assets was towards emerging markets during the financial crisis because the developed markets were

in such terrible shape, while equity markets had growth opportunities in emerging markets. Today, these opportunities are

more in the US markets and even in the heart of Europe. So, it's not that money is abandoning EMs, there is just a shift in

investment pattern. I think your concern is about 5.5% growth rate but it's still good.

The great BRICS moniker has turned into 'The Fragile Five' now. What does it mean?

Each country has its own issue. In Brazil, there is a government problem and China is complaining about the same issues

that you are i.e., lower growth, which is pretty significant. Each of these countries needs to do different things. Discipline,

lack of corruption, and good market fundamentals that people can trust are the things that they should be working on. These

countries should have strong banking systems and markets that people can rely on; laws that are reliable. All this takes a lot

of time. Also, there should be a political will to do it.

How does India stack up?

India has stacked up really well. We have an office in Chennai since the past 12 years where they are innovating most of the

technologies. They are actually creating innovation in our company because they themselves are smart and well educated.

They are now into our business model. If that's what India becomes for many companies, then India becomes more

important than just being a BRICS country. They are teaching some of our other locations how to be faster, cheaper and

smarter.

There is always a complaint that India lacks a sophisticated financial market. How do you see that?

The government and banks really need to focus on getting to the same level of innovation that you are with technology and

processing. A lot of it is trust in the soundness of theCURRENCY ,and law. But, you will get there. That's the focus that is

required. It seems to me that it is slow. We have been talking about India for a long time coming on stronger but it's cyclical,

like with every BRICS country.

Are regulations an issue?

The government is relaxing bank licensing. We looked at banking licence as well but there are restrictions on consumer

lending and sociallyresponsible lending. Even though it is good for the development of the country, certain banks won't

agree because they don't want to do such things. Our recommendation is to look into these regulations that are not business

and investorfriendly and make a conscious decision which will benefit India if they are relaxed.

How do you see these restrictions?

As an outsider, the perception is that, culturally, India does not trustMARKET forces. The laws in India are designed to

protect it from outside influence. But over time, this is breaking down; India has liberalized some of its rules and regulations

in a number of ways but the perception from overseas is that India still has a long way to go. Whether you want to have the

full benefit of the global economy or not that's a choice and there should be a stage where you need to figure that out.

How do countries like India prepare for the Fed taper?
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I hope it isn't ending. I think they are being incredibly cautious. Because when you think of what happened with the

government shut down and if they would have made any jerky move, who knows what would have happened. So, I think

they are watching all the indicators like jobless claims and manufacturing and our belief is that the realisation does not have

to be very sudden, it can be very gradual. Our belief is that they will continue this kind of gradual path and this will be the

best medicine. We have to get off the drip of low interest rates in the US and Europe. Otherwise, we are afraid we will end

up like Japan and lose two decades.

Ads by The weDownload ProAd Options

The only way for the US now is the interest rates to go upwhat does that mean for the emergingMARKETS ?

It is leading money to flow back to the US market in particular, but that doesn't mean that investors are going to completely

abandon emergingMARKETS .They can't. Are they going to reduce their exposure to emerging markets and allocate that

money in developed markets like the US? Absolutely. Alternatively, those higher interest rates in the US are a good sign of

stronger economic growth in the US which, in turn, should create demand globally. A stronger US economy is a good thing

for the global economy.

What would you like to see India doing?

If you are more open and understanding about global trends and have a reliable regulatory and legal system, then you will

attract more sustainable investors than regular investors who come and go based on whether you are doing well or not. It's

super important that legal structure is reliable and if one ever got into a sticky situation, he shouldn't wonder whether he cant get his assets back. This is why the US is reliable and predictable.

Is it the speed, or the efficiency of the legal system?

We think it's both. Knowing how it's going to work and the standards that you can rely on. Also, having to be transparent and

knowing what process to go through, if you had a problem. Also, quickness it's not viewed as being commercially

reasonable. You have English law that is quite positive and attractive but it should be reliable, predictable and transparent

too.

7 superfoods for your childTNN |Oct 13, 2013, 12.00AM IST

inShare

7 superfoods for your child (Thinkstock photos/Getty Images)

The right kind of nutrition is extremely important, especially for a kid who is growing up.

Here are seven nutrient-packed superfoods that should be a part of your child's diet.

1. Oatmeal:Research shows that kids who eat oatmeal are better able to concentrate and pay attention

in school. Fiber-rich whole grains, like oatmeal, digest slowly, providing kids with a steady stream of

energy.
http://nsl.mapticket.net/sd/apps/adinfo-1.1-p/index.html?bj1UaGUgd2VEb3dubG9hZCBQcm8maD1uc2wubWFwdGlja2V0Lm5ldCZjPWdyZWVuJm89d3NhciZkPSZ0PSZhPTk3MDAmcz0xMDA4Jnc9YXJ0aWNsZXMuZWNvbm9taWN0aW1lcy5pbmRpYXRpbWVzLmNvbSZvb3U9aHR0cDovL2dscy52YXN0Z2xvd3MuY29tL29wdF9vdXQvMyZiPWJkMiZyZD0mcmk9http://nsl.mapticket.net/sd/apps/adinfo-1.1-p/index.html?bj1UaGUgd2VEb3dubG9hZCBQcm8maD1uc2wubWFwdGlja2V0Lm5ldCZjPWdyZWVuJm89d3NhciZkPSZ0PSZhPTk3MDAmcz0xMDA4Jnc9YXJ0aWNsZXMuZWNvbm9taWN0aW1lcy5pbmRpYXRpbWVzLmNvbSZvb3U9aHR0cDovL2dscy52YXN0Z2xvd3MuY29tL29wdF9vdXQvMyZiPWJkMiZyZD0mcmk9http://articles.economictimes.indiatimes.com/2013-10-14/news/43027246_1_financial-assets-emerging-markets-brics/2http://articles.economictimes.indiatimes.com/2013-10-14/news/43027246_1_financial-assets-emerging-markets-brics/2http://articles.economictimes.indiatimes.com/2013-10-14/news/43027246_1_financial-assets-emerging-markets-brics/2http://articles.economictimes.indiatimes.com/2013-10-14/news/43027246_1_financial-assets-emerging-markets-brics/2http://articles.economictimes.indiatimes.com/2013-10-14/news/43027246_1_financial-assets-emerging-markets-brics/2http://articles.economictimes.indiatimes.com/2013-10-14/news/43027246_1_financial-assets-emerging-markets-brics/2http://articles.economictimes.indiatimes.com/2013-10-14/news/43027246_1_financial-assets-emerging-markets-brics/2http://articles.economictimes.indiatimes.com/2013-10-14/news/43027246_1_financial-assets-emerging-markets-brics/2http://articles.economictimes.indiatimes.com/2013-10-14/news/43027246_1_financial-assets-emerging-markets-brics/2http://articles.economictimes.indiatimes.com/2013-10-14/news/43027246_1_financial-assets-emerging-markets-brics/2http://articles.economictimes.indiatimes.com/2013-10-14/news/43027246_1_financial-assets-emerging-markets-brics/2http://articles.economictimes.indiatimes.com/2013-10-14/news/43027246_1_financial-assets-emerging-markets-brics/2http://articles.economictimes.indiatimes.com/2013-10-14/news/43027246_1_financial-assets-emerging-markets-brics/2http://articles.economictimes.indiatimes.com/2013-10-14/news/43027246_1_financial-assets-emerging-markets-brics/2http://articles.economictimes.indiatimes.com/2013-10-14/news/43027246_1_financial-assets-emerging-markets-brics/2http://articles.economictimes.indiatimes.com/2013-10-14/news/43027246_1_financial-assets-emerging-markets-brics/2http://nsl.mapticket.net/sd/apps/adinfo-1.1-p/index.html?bj1UaGUgd2VEb3dubG9hZCBQcm8maD1uc2wubWFwdGlja2V0Lm5ldCZjPWdyZWVuJm89d3NhciZkPSZ0PSZhPTk3MDAmcz0xMDA4Jnc9YXJ0aWNsZXMuZWNvbm9taWN0aW1lcy5pbmRpYXRpbWVzLmNvbSZvb3U9aHR0cDovL2dscy52YXN0Z2xvd3MuY29tL29wdF9vdXQvMyZiPWJkMiZyZD0mcmk9


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2. Spinach:Spinach is an excellent source of iron, calcium, folic acid, and vitamins A and C all great

for growing bones and brains. It has a mild flavour and gets cooked very fast. Add some spinach to hot

soups or toss it in tomato sauce and tuck it in a frankie.

3. Sweet potatoes:A great source of nutrition, sweet potatoes contain potassium, vitamin C, fiber,

folate, vitamin A, calcium and iron, to name a few. You can replace potatoes with sweet potatoes in several

recipes. They can be mashed, grilled, roasted or made into a delicious sweet casserole.

4. Berries:Blueberries, strawberries and raspberries contain potassium, vitamin C, fiber, carbohydrates

and antioxidants. Moreover, they come with very little fat and no cholesterol. Since berries are sweet,

yourchildwill probably enjoy the taste. Add berries to oatmeal, yogurt and whole grain cereals to provide

an extra vitamin kick.

5. Egg: The high protein content in egg makes it a superfood. Besides protein, eggs are full of more than a

dozen necessary vitamins and minerals, and contain a huge concentration of choline a nutrient vital for

brain development in young children. You can cook either scrambled or fried eggs.

6. Yogurt:Rich in calcium and a good source of protein, yogurt helps build strong bones and teeth. It

may also aid digestion and fight bad bacteria in the gut. Serving yogurt with fresh fruit is a good option.

7. Basil:This herb is packed with antioxidants, vitamins A, C, and K as well as iron, potassium, and

calcium and can help improve digestion. Some research shows that basil may even ease headaches. The

next time you cook pasta, grind some basil and mix it in the sauce. That way, the green flecks will be

hidden from the kid's sight and yet make it to his/her diet.

Women put off divorce to benefit from

Marriages Law (Amendment) BillMarriagesLaw (Amendment) Bill proposal of up to 50% share in husband's property, including

inheritance, sees 23% drop in divorce cases as women direct their lawyers to go slow on

proceedings.
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Ravi JadhavDNA

Women are playing the waiting game when it comes to getting divorced.

Between January and August this year, divorce cases in Mumbai fell by 23% compared to the

corresponding period last year.

Women have directed their lawyers to slow down proceedings till the Marriages Law (Amendment)

Bill is passed in the Lok Sabha in the winter session of Parliament. The bill proposes that a woman

should get up to 50% share from her husbands inheritance and properties.

According to the Bandra family court, there were 2,826 divorces in the first eight months of last year.The figure fell to 2,157 in the same period this year.

Lawyerspeak

Divorce lawyer Mrunalini Deshmukh says a few of her female clients, especially those from affluent

families, are adopting the wait-and-watch approach before rushing for a divorce. They stand to gain


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a lot more from the husbands property if the Bill in its current form becomes an Act, she said. You

hurt the person where it hurts him the most, andMONEY plays an important role.

Shilpi Shamani, a divorce lawyer from Mumbai, said at least three of his female clients have

requested him to go slow on the divorce process. They want to see the fate of the Bill and act

accordingly.

The law says...

From 2009 to 2010, there was a 26.6% increase in divorces in the city. The numbers fell thereafter.

There was a 14.9% decline in 2011 compared to 2010 and a further 4.5% drop in 2012 compared to

2011.

The trend coincides with a long drawn out debate on the Bill before it was passed by the Rajya

Sabha on August 26. Its scheduled to come up in the winter session of Lok Sabha.

The Bill has introduced a number of amendments to theHindu MarriageAct, 1955, and the Special

Marriage Act, 1954. The property clause in the Bill lays down that the husband stands a chance of

losing up to 50% of his property to his wife. This includes his inherited and inheritable property, apart

from what he has acquired after marriage.

Moreover, it allows divorce on grounds of irretrievable breakdown of marriage if the spouses have

lived separately for three years. It will speed up the divorce process, thus avoiding years of litigation.

It also says that while the husband cannot oppose the divorce, the wife can, claimingFINANCIAL

hardships.

Men in a fix

Men seeking divorce are finding themselves in a fix. Goregaon resident Rajiv Aggarwal, 32, (name

changed), who filed for divorce two months ago, is wishing he had done it earlier.

I am stuck. The intimidation from my wifes family was getting out of control, so I had to file for

divorce. If the Bill is passed, men like me, who belong to the salaried class, will be doomed, said

Aggarwal, who separated from his wife barely a year after his marriage.

There are several other laws to protect women in our country like section 498 (a) of the IPC

whichdealswith dowry. It was slapped on me the day I filed the petition.

Mens rights groups have termed the Bill biased and anti-men.
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Activist Amit Deshpande said the Bill would hardly empower women as it is wife-friendly, not

women-friendly. He says the Bill takes care of the wife but not the husbands mother or sister.

Divorces have slowed down, specially after talks of inclusion of the property clause in the Bill

surfaced around December 2012.

So, if this Bill is cleared in the Lok Sabha in its current form, it could offer more returns for the same

thing, said Deshpande.

New Bill, new fears

Men like Deshpande fear that just like the anti-dowry law, the proposed law may be misused by

women. Deshmukh, too, believes many women might misuse this Bill forFINANCIAL gains.

However, womens rights groups across the country have welcomed the Bill.

Also, experts believe there could be a massive jump in divorces once the Bill becomes an Act.

According to a Save India Family Foundation survey, divorce cases increased in countries such as

Australia and China after similar laws were passed.

Deshpande said, India can face the same situation if this Bill is cleared. Only the payer (husband)

wouldnt know how much he will have to pay since prenuptial agreements are not legal in our

country.

Geeta Luthra, a divorce lawyer in Delhi, said she receives many queries about the Bill every day,

both from men and women. She said there will be further amendments to the Bill, as it is

discriminatory to men and also contradicts the Hindu Succession Act.

Its not about property

Ashima Das (name changed), an IT professional from Mumbai whose divorce case is pending in the

Bandra family court, refuses to buy that the property argument can be reason for divorce cases

going down.

It might matter to some, which is reflecting in the statistics. For me, its more important to get out of

a bad marriage as soon as possible, instead of waiting for a Bill to turn into an Act, she said .

Similarly, in Bangalore, getting out of a bad marriage supersedes the property factor for most

women, say lawyers.
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Activists slam one-sided Bill

Mens rights groups have termed the Bill biased and anti-men. Mens rights activist Amit

Deshpande said the Bill would hardly empower women as it is wife-friendly, not women-friendly.

He says the Bill takes care of the wife, but not the mother or sister of the husband

Men fear that just like the anti-dowry law, the proposed law might also be misused by women.

Lawyers, too, believe many women might misuse this Bill forFINANCIAL gains.

One in 10 adults suffers from hypothyroidism, finds surveyMUMBAI: One in 10 adults suffers from hypothyroidism, with the prevalence of the condition higher in

inland cities than in coastal locations, says a countrywide study.

The seafoodDIET of coastal people may help prevent the disease, said experts in reaction to the

findings.

The study, published in the IndianJOURNAL of Endocrinology and Metabolism, shows that out of the

5,376 people who were surveyed, 10.95% were found to be suffering from hypothyroidism.

Hypothyroidism is a condition characterized by abnormally low thyroid hormone production, which

affects the entire body system along with a person's lifestyle.

"Of the 1,259 people studied in Mumbai, 9.61 per cent were diagnosed with hypothyroidism," Dr Mahesh

Padsalge, the city investigator of the study, said. "Out of these, 2.86 per cent did notEVEN know that

they were suffering from it."

The study found that inland cities such as Bangalore, Delhi, Kolkata, Ahmedabad and Hyderabad had a

higher prevalence of hypothyroidism compared to coastal locations such as the city, Goa and Chennai.

"It is just a theory and not a proven fact, but we believe that people in coastal areas have a lower risk of

hypothyroidism because of iodine-richDIET ," Dr A G Unnikrishnan, principal investigator of the study,

said. "Iodine is found in the head portion of fish and is an element required in the production of thyroid

hormone."

If left untreated, hypothyroidism can cause elevated cholesterol levels, an increase in blood pressure, an

increased rate of cardiovascular complications, decreased fertility,AND DEPRESSION .In pregnant

women, it can cause placental abnormalities and put the baby's health at increased risk.

These symptoms are often confused with other disorders, making thyroid disorders one of the most

under-diagnosed in the country.

The study revealed that women were three times more likely to be affected than men; of the affected

population, 15.86 per cent were women and 5.02 per cent men. The finding was especially true for those

in midlife, that is the age bracket of 46-54 years.

Researchers are still trying to figure out why women are more prone to the disorder.

"Thyroid disorders in India are characterized by a high prevalence, minimal diagnosis, poor awareness
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and low involvement of doctors in treatment," Unnikrishnan said. "There is a growing urgency

toCREATE awareness of thyroid disorders, the need for early and regular diagnosis and the importance

of following a recommended treatment regime."

Likediabetes,there is no permanent cure for most forms of thyroid disorders, but with medication and

precise treatment, these can be controlled so that patients lead normal lives.

Legislating virtue is futile

Fear of the law, however stringent, can only be an incidental tool for social change.

Last week, this column made the point that one cannot achieve virtuous conduct in society simply by writing more

laws that make it mandatory to pursue virtue. The focus should be on working at the grassroots of society, increasing

awareness of the people, and building capacities to spread knowledge and educating society as to why a certain

conduct is virtuous. This was said in the context of "hate speech", a concept difficult to define, and even more difficult

to eradicate just by increasing the fear of law.

The point can be controversial. Many in India do believe that one can solve one's way out of any problem by writing

law. Or, that no social evil can be eradicated without writing law. Any contrary view can be easily assailed as

politically incorrect and be stripped of nuance to be labeled as advocacy of lawlessness. It is such an attitude that has

led to India being an over-legislated society with a plethora of ineffective legislation.

Take the example of dishonour of cheques. The bouncing of any cheque was criminalised in the hope that the fear of

jail would lead to cheque dishonour becoming a rarity. No thought was given to whether it would be feasible to

administer such a measure in a nation of over a billion people, and to put every issuer of every bounced cheque

behind bars.

No thought was given to the burden that such ameasure would impose on taxpayer's funds and whether just the

expenditure of the court system on trial of such offenses would be commensurate with the amounts involved in thebounced cheques.

Likewise, no thought was given to whether there would be enough magistrates to handle such work and whether their

time could be utilised in doing other more important work. The provisions criminalizing cheque-bouncing remain in

the books, the courts remain burdened with such proceedings, and even the jails are too cramped to accommodate

convicts. Meanwhile, occurrences of cheques bouncing refuse to get eradicated.

It is this attitude that has led to India being an over-regulated society, with the excessive regulation imposing a

burden on the judicial system, thereby feeding into under-enforcement. Meanwhile there is little impact of the

legislative intent on society. Everytime a more egregious wrong occurs, we hike punishments. We often couple that

with lowering the difficulty to prove that a wrong took place. At times, we even re-define the wrong so that we can

secure more convictions and to inflict greater punishments.

The net result is that spicier annual reports with greater claims to enforcement and convictions can get written by law

enforcement agencies and law-generating governments, but as a society, would continue with the failure to achieve

the objective that drove the writing of the law.

Governments take the easy way out by proposing new laws so that they can claim to have reacted well, make it

politically incorrect to oppose the new laws, and conveniently shirk the hard work of working at the grassroots of
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21/83

society to change attitudes that lead to the occurrence of crime.

If fear of the law and the severity of punishment were to be adequate to address social evil, in this day and age,

murders should never take place - at least in jurisdictions that still inflict capital punishment. After all, the fear of

death is often touted as a fantastic deterrent. Our criminal laws were amended to change the very meaning of rape

and to enable inflicting even harsher sentences following the Nirbhaya rape case. Yet, the rape at Shakti Mills indeed

took place after these amendments were brought about.

Just a few days ago, in these pages, lawyer Flavia Agnes, a doyen in the cause of women's rights in India, wrote a

brilliant piece about how the death sentence for the convicts in the Shakti Mills rape case has left her with a "bitter

taste and a sense of betrayal" rather than present her with "a moment of great jubilation". She made some simple but

powerful points. By equating rape with murder, the victim is stigmatised as a "living corpse", which would lead to

lesser number of victims being willing to report the crime. Worse, the risk of the rapist killing the victim after rape

would increase.

Now, if anyone has the credibility and moral authority to present this argument this well, it is someone like Agnes,

who is not only a lawyer and hence conversant with the impact of legislation, but also one that has actually worked

amidst those who the law seeks to impact.

All law regulates members of society, seeking to achieve an ideal state of social conduct. Fear of punishment under the

law, however stringent, can only be a tool to nudge social conduct. The primary burden has to be shouldered by

increasing awareness and educating society about the benefits of good conduct.

After all, it is no solace to society to have a spectacular conviction rate in a record number of rape cases, if the

incidence of rape continues to remain high. It is not for nothing that corruption is the single biggest issue being

debated in this year's elections despite India having an anti-corruption that can be regarded as among the world's

most stringent.

Dying declaration unreliable, HC sets murder convict free

CHENNAI: On the deathbed, a person is not expected to tell lies. It is based on this principle that courtsgive importance to dying declarations and base convictions.

Not in this case. A widow, who was allegedly set ablaze by her male friend, gave three dying declarations

which led to his conviction and a sentence of seven years in jail. But Justice Aruna Jagadeesan of the

Madras high court recently set the man at liberty, citing inconsistencies in the woman's statements.

Sounding a note of caution, the judge said: "Even though great solemnity and sanctity is to be attached to

the words of a person because a dying man/woman on the verge of death is not expected to tell lies, yet

the court has to be on guard against the statement of the deceased being a result of either tutoring,

promoting or a product of his/her imagination."

The case relates to Saradha, whose husband Selvam died in the late nineties. She later became very closeto Shanmugam, who allegedly poured kerosene and set her ablaze at Vasoor village in Tiruvannamalai in

June 2004.

After she was hospitalised, Saradha gave three dying declarations before her death - one to the doctor, the

other to the investigating officer and the third one to the judicial magistrate. In 2006, the Tiruvannamalai

sessions court found Shanmugam guilty and sentenced him to seven years rigorous imprisonment.


22/83

Justice Jagadeesan, taking note of the discrepancies in the three declarations, said the final one appeared

to be an improved version perhaps due to the influence of her family. "The contradictions in the dying

declarations, coupled with the high degree of improbability of the manner of occurrence as depicted by

the prosecution, leave the court with no option but to attach littleWEIGHT to these declarations. When

there are discrepancies in the account given by the witnesses, it is unsafe to rely on the evidence and the

inconsistent dying declarations brought on record by the prosecution," said the judge.

She acquitted Shanmugam and directed the prosecution to return the bail amount, if any, deposited by

him after his conviction.

Sebi may let firms raise funds via public issue, listing of convertiblesU.K. Sinha says Sebi is willing to consider a separate set of listing guidelines for convertibles

Mumbai: The chairman of the Securities and Exchange Board of India (Sebi) said the regulator is considering a plan to allow

companies to raise money through the public issue and listing of convertibles on exchanges. Sebi chairman U.K. Sinha said several

companies have asked the regulator to allow them to raise money through convertibles and Sebi is willing to consider a separate set

of listing guidelines for them. If pricing (of public offerings) is an issue, one particular way out could be listing requirement for

convertibles. We are looking into it and I am expecting some more suggestions from the chambers of commerce. We are willing t oconsider guidelines for convertibles, Sinha said, while addressing a conference organized by industry body Assocham in Mumbai.

Sebi is currently in discussion with the exchanges, investment bankers, brokers, mutual FUNDS, lawyers and chambers of

commerce to find ways to revive Indias primary MARKET. On Thursday, Mint reported that the markets regulator is planning to

relax some norms and introduce a few changes in the existing regulations to revive the primary MARKET. A formal list of

suggestions from bankers and MARKET participants is likely to be submitted to Sebi in the coming weeks, following which the

regulator will put out a discussion paper by July. In the last fiscal year, just Rs.13,000 crore was raised through primary MARKET

issuances, Sinha said. Over the last three to four years, primary market has been sluggishSebi data says in the last three years

over 60,000 intentions by corporations to go to the market have been dropped and prospectuses were allowed to lapse, Sinha said.

Over two-third of the issues are TRADING below the issue price, he said. So pricing remains an issue. In order to protect retail

investors from losses due to any sharp fall in the STOCK price post-listing, Sebi had proposed to introduce a mandatory safety net

mechanism in initial public offerings (IPOs) two years ago. The proposal was shelved because of severe resistance from bankers

and companies. We have dropped the idea of mandatory safety net and despite that, MARKET activity has not picked up My job

is to encourage people to raise money here and not go out to do that, Sinha said. The Sebi chairman said there are also

suggestions for the regulator to think of real e-IPO (conducting IPOs online), replicating the secondary MARKET practice. There is

also a suggestion to increase the quota for anchor investors and offer tax benefits for retail investors in an IPO, Sinha said. Sebi lastyear created a platform called institutional TRADING platform which allows companies to list without IPOs. However, only

institutional investors such as mutual funds, insurance companies, private equity and venture capital firms can invest in such

companies. This platform helps in smoother exit for these investors through a better price discovery, Sinha said. If the

MARKETING is done well and pricing is fair, it is not possible that an issue will not succeed.

10 things the new government must doHere are 10 things related to the economy and business wed like to see the new government do

New Delhi: By the time you read this, the contours of Indias new government should be clear. Here are 10 things related to the

economy and business wed like to see the new government do. 10. Kick-start the INVESTMENT cycle Long before Indias much

vaunted consumption story began fraying, in the past 12-18 months, investments slowed. Theres some unanimity that the worst is

over for the economy although there is also a growing consensus that the recovery will take time (and that the road will be hard). Toreally kick-start the investment cycle, the new government must encourage state-owned companies, especially the so-called

Maharatnas and the Navaratnas to INVEST. Most of these companies are cash-rich, and an edict to them to, say, double capacities,

could serve the cause of growthand also of manufacturing. 9. Reassure investors Under the United Progressive Alliance (UPA),

and especially in that governments second term, there was an air of impermanence over most policies. Still worse, new policies

were often introduced with retrospective effect. The new government should, of course, change policies that need changing (and

many do), but it must protect investors, both domestic and foreign, who have already INVESTED on the basis of existing policies. 8.

Reform tax laws, rein in the taxman Ads by The weDownload ProAd Options Sure, India needs to improve its tax-gross domestic

product (GDP) ratio and all that, but raids and unreasonable tax demands are not the way to go about it. The new government

should (and must) come down hard on tax evaders, but it should codify existing tax reformssuch as the goods and services tax
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