Govt SEZ no, but can they?
Legal fraternity foresees obstacles for Digambar ‘sarkar’
By Preetu Nair
Panjim: The state Government may have announced the scrapping of the Special Economic Zones (SEZs) in its “existing form” with immediate effect, but the going for the state may not be smooth before it hits a legal hurdle in a bid to conform to its New Year resolution.
Legal experts opine that the state government cannot decide to scrap especially the ones which have obtained permission and have already started work on developing the infrastructure. But yes, if the infrastructure is not set up or no third party rights granted, the Central government may honour the states views and recommendations.
In other words, the state government may request not to process the applications of the SEZs which have so far not obtained permissions. Meanwhile with regards to the 3 SEZs that have already been granted permissions, the state government can only request the Central government to denotify it.
According to Advocate General Subodh Kantak, “ The state government’s role is only to make recommendation to the Central governement’s Board of Approval to denotify the SEZs . It is not possible for state government to denotify it but it for the Central government to decide”. Experts agree that the government has a right to change it policies but then they cannot leave investors in the lurch and investors would have to be adequately compensated.
Another interesting argument that the lawyers put forth is that if the state government decides to scrap SEZs due to popular public opinion , then they will have to give convincing reasons to the Central government for the same.
Scrapping of SEZs , which have got permission and already started work relying on people’s apprehension may just not be easy, they add.
Nitin Sardessai, who is the counsel for Meditab , which is developing SEZ in Keri , reacting to the media reports that the state government has decided to scrap SEZs in the state said , “The government at its highest can give its recommendations to the Central government that it does not need SEZ in Goa .But this recommendation governs the future of the projects which have not got permissions and the not the ones, which have all permissions like Meditab. In the present SEZ policy , there is no clause to denotify the SEZ which have been granted permission”.
Interestingly, former Chief Minister Pratapsingh Rane in his letter to Union Minister of Commerce Kamal Nath has said, “The setting up of SEZ is going to benefit the State of Goa economically as well as help in creating huge employment opportunities.” This letter was sent on December 21,2006. Now a year later , the state government would have to definitely give a strong reason to the Central Government explaining why they are baking out.
“Whether to have SEZs or not is a policy decision, in which courts, have no role to play . But if the question of promissory estopel arises, then the court may look into it. Promissory estopel (equitable estopel) applies when any state government or any agency of the state government comes out with a representation /promise and an individual sets up an industry , then they cannot go back on it.
(Article published in Gomantak Times, Panaji edition dated January 2, 2008 )
Monday, January 14, 2008
Rane Jr ‘nurses’ his wound after the ‘labour’ pain
Rane Jr ‘nurses’ his wound after the ‘labour’ pain
By Preetu Nair
Panjim: A nurse at Goa Medical College was suspended on Health Minister Vishwajeet Rane’s instruction because she did her duty.
However, as the matter threatened to blow out of proportion, she was reinstated back by the same minister. The nurse, Simran, was on duty in the labour room on Thursday, 27 December,2007 and was busy with a delivery process, when a man who wanted to enter the labour room to be with his better half . But as he was denied entry into the labour room, lest the rest of the expecting mothers feel uncomfortable, he allegedly called up Health Minister Rane and complained against the nurse.
Rane demanded to talk to the nurse and the man handed the mobile to the nurse stating ‘Baba’ as Rane is popularly known to his supporters wants to talk to you. But Sister Simran refused to talk to ‘Baba’ stating everyday they deliver-babas in GMC. This allegedly angered the Health minister who rushed to the hospital and fired the nurse for misbehaving and refusing to attend the phone call. Infuriated, he instructed the GMC Dean, Dr. V.N. Jindal to suspend the nurse.
So, Dr. Jindal issued the nurse’s suspension order stating,” As per the instructions of the Health Minister, you are suspended.” Upset, Simran approached the GGEA (Goa Government Employees Association) stating that she was wrongly suspended. Ganesh Chodankar, Secretary confirmed this.
Chodankar said, “She was not at fault.Simran was just doing her duty and she cannot be suspended for doing her duty in fact , this time the Health Minister is at fault because he cannot directly call a nurse on duty to issue directions. He has to call the Dean and the Dean has to issue directions to the nurses.”
The Association decided to take up her matter with the Dean on Friday afternoon, 28 December,2007. But they did not have to make any efforts , as the Dean on Friday morning issued another note to Simran. This time the note read, “As per the instructions of the Health Minister, the suspension order is revoked.”
Despite several repeated attempts , GT could not contact Health Minister Vishwajeet Rane for his comments. When contacted, Dr Jindal Dean, GMC said , “The matter has been sorted out”.
“To err is human , there was some misunderstandings but it is now sorted out . It is not a major issue,” added Neelima Rane, President , Trained Nurses Association.
(This article appeared in Gomantak Times, Panaji edition dated January 2, 2008)
By Preetu Nair
Panjim: A nurse at Goa Medical College was suspended on Health Minister Vishwajeet Rane’s instruction because she did her duty.
However, as the matter threatened to blow out of proportion, she was reinstated back by the same minister. The nurse, Simran, was on duty in the labour room on Thursday, 27 December,2007 and was busy with a delivery process, when a man who wanted to enter the labour room to be with his better half . But as he was denied entry into the labour room, lest the rest of the expecting mothers feel uncomfortable, he allegedly called up Health Minister Rane and complained against the nurse.
Rane demanded to talk to the nurse and the man handed the mobile to the nurse stating ‘Baba’ as Rane is popularly known to his supporters wants to talk to you. But Sister Simran refused to talk to ‘Baba’ stating everyday they deliver-babas in GMC. This allegedly angered the Health minister who rushed to the hospital and fired the nurse for misbehaving and refusing to attend the phone call. Infuriated, he instructed the GMC Dean, Dr. V.N. Jindal to suspend the nurse.
So, Dr. Jindal issued the nurse’s suspension order stating,” As per the instructions of the Health Minister, you are suspended.” Upset, Simran approached the GGEA (Goa Government Employees Association) stating that she was wrongly suspended. Ganesh Chodankar, Secretary confirmed this.
Chodankar said, “She was not at fault.Simran was just doing her duty and she cannot be suspended for doing her duty in fact , this time the Health Minister is at fault because he cannot directly call a nurse on duty to issue directions. He has to call the Dean and the Dean has to issue directions to the nurses.”
The Association decided to take up her matter with the Dean on Friday afternoon, 28 December,2007. But they did not have to make any efforts , as the Dean on Friday morning issued another note to Simran. This time the note read, “As per the instructions of the Health Minister, the suspension order is revoked.”
Despite several repeated attempts , GT could not contact Health Minister Vishwajeet Rane for his comments. When contacted, Dr Jindal Dean, GMC said , “The matter has been sorted out”.
“To err is human , there was some misunderstandings but it is now sorted out . It is not a major issue,” added Neelima Rane, President , Trained Nurses Association.
(This article appeared in Gomantak Times, Panaji edition dated January 2, 2008)
Positively , he’s genius at 7.
Positively , he’s genius at 7.
By Preetu Nair,
Panjim:Seven years old Shambu’s life appears to be no different from the children his age. He is an obedient child , who goes to a Government aided school in the village, eager to learn and understand things. But the similarities end here.Beyond the eight-years child’s lively analytical mind lies a bitter truth.
Shambu was born HIV positive (HIV +ve) . A standard II student , he always stands first in his class and works hard to maintain his rank. But he works even harder to maintain his health . He wakes up early in the morning does yoga for an hour, goes for regular check-ups and has a balanced diet.
“Everyday I have to eat a balanced, nutritious diet to keep my CD4 count in check. Otherwise, I may fall ill and miss school. I want to become a doctor and treat people.” explained Shambu, who was abandoned by his parents. He is now a resident of a home run by an NGO in the state.
There are over 80 children in Goa, who like Shambu, are living with HIV/AIDS in the state. These Children of a greater God are working hard to change their uncertain future. And they are being helped not just by the NGO’s working with HIV positive children but also by community.
Unlike in other states, where HIV positive children were ostracized by parents and their wards in schools, Goa has set a new trend of sorts. “All 10 children in our home go to regular school. Their HIV status is not hidden from the school authorities or parents of other children. But they have never been criticized or stigmatized for being HIV positive. In fact they are being appreciated for their hard work and commitment to study.” Explained Sister Vinita Joseph, in charge of Asro, a home that looks after people living with HIV/AIDS.
Sandeep, a few months older than Shambu is years ahead in maturity and an understanding that leaves kids twice his age bewildered. His memories are few and rare but his experiences bitter.”In the past I used to be scared of injections and hospitalization but not anymore. Now I am used to it and if I miss my class , my friends and teachers help me with the lessons stated Sandeep.
Finally the efforts of Goa State AIDS Control Society (GSACS) , an agency funded by NACO , which has been working towards spreading awareness about HIV/AIDS amongst the community to reduce stigma and prevent new infections , is yielding results.
Dr Dilraj Kaur, Director, GSACS admitted, “Goa has a high literacy rate. Besides the governments commitment to the cause of HIV/AIDS and the community’s effort has helped reduce the stigma related to HIC/AIDS in the state.”
(Article published in Gomantak Times, Panaji edition dated January 5, 2008)
By Preetu Nair,
Panjim:Seven years old Shambu’s life appears to be no different from the children his age. He is an obedient child , who goes to a Government aided school in the village, eager to learn and understand things. But the similarities end here.Beyond the eight-years child’s lively analytical mind lies a bitter truth.
Shambu was born HIV positive (HIV +ve) . A standard II student , he always stands first in his class and works hard to maintain his rank. But he works even harder to maintain his health . He wakes up early in the morning does yoga for an hour, goes for regular check-ups and has a balanced diet.
“Everyday I have to eat a balanced, nutritious diet to keep my CD4 count in check. Otherwise, I may fall ill and miss school. I want to become a doctor and treat people.” explained Shambu, who was abandoned by his parents. He is now a resident of a home run by an NGO in the state.
There are over 80 children in Goa, who like Shambu, are living with HIV/AIDS in the state. These Children of a greater God are working hard to change their uncertain future. And they are being helped not just by the NGO’s working with HIV positive children but also by community.
Unlike in other states, where HIV positive children were ostracized by parents and their wards in schools, Goa has set a new trend of sorts. “All 10 children in our home go to regular school. Their HIV status is not hidden from the school authorities or parents of other children. But they have never been criticized or stigmatized for being HIV positive. In fact they are being appreciated for their hard work and commitment to study.” Explained Sister Vinita Joseph, in charge of Asro, a home that looks after people living with HIV/AIDS.
Sandeep, a few months older than Shambu is years ahead in maturity and an understanding that leaves kids twice his age bewildered. His memories are few and rare but his experiences bitter.”In the past I used to be scared of injections and hospitalization but not anymore. Now I am used to it and if I miss my class , my friends and teachers help me with the lessons stated Sandeep.
Finally the efforts of Goa State AIDS Control Society (GSACS) , an agency funded by NACO , which has been working towards spreading awareness about HIV/AIDS amongst the community to reduce stigma and prevent new infections , is yielding results.
Dr Dilraj Kaur, Director, GSACS admitted, “Goa has a high literacy rate. Besides the governments commitment to the cause of HIV/AIDS and the community’s effort has helped reduce the stigma related to HIC/AIDS in the state.”
(Article published in Gomantak Times, Panaji edition dated January 5, 2008)
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