Govt Mulls ordinance on HML; Majority against legislation on KDH lines

The Kerala government, which has toughened its stand against Harrisons Malayalam Ltd (HML), has set the ball rolling with a plan to bring in an ordinance to take back all lands in their illegal possession. Chief Minister Oomman Chandy is learned to call an exclusive meeting in this regard at the earliest, taking into the seriousness of the issue .

Though the government is learned to be in favour of an ordinance on the lines of KDH resumption, the ruling/opposition leaders and revenue officials are of the opinion that the ordinance should not be framed on the lines of KDH resumption. The revenue department has already prepared a draft legislation for retrieving the land and for its distribution for cultivation and purposes ancillary thereto under the control and management of the government. 

'Many flaws have come across in the KDH resumption. It has to been seen that the government is now engaged in many legal issues with the company even though the land belongs to government. It is alleged that they possess more land and are even ruling Munnar town. This should not happen when HML land is taken back.  Everything should be under the control of the government and history should not be repeated,'' they said.  

KPCC vice president and a member of the Green MLA group V D Satheeshan said ''it has been found that they have indulged in forging documents and engaged in all fraudulent activities. The government should not deter in taking back the lands. Once taken back, the government should have a  mechanism to utilise the land as it is the government's duty.''

T N Pratapan, another member of the `Green MLA brigade said that they will oppose any ordinance that would help those who now illegally posses the plantations. ''The vigilance has come across fraudulent documents in their possession. We cannot think of an ordinance on the lines of KDH. How can the persons who had exploited the state again given the Plantations?,'' he said.  The plantations should be brought under some cooperative society in which the employees of the plantation have some role, Pratapan said. ''If an ordinance is brought to help those who now possess it will be taken up in the party as well as the UDF,'' he said. 

Source: The New Indian Express

http://epaper.newindianexpress.com/262151/The-New-Indian-Express-Thiruvananthapuram/24-04-2014#page/4/1

Harrison Issue: Kerala to take up strongly with Centre Govt

The State government, which has already initiated proceedings against Harrisons Malayalam Ltd (HML), has decided to seriously take up with the Ministry of Corporate affairs, Ministry of Company Affairs, Enforcement Directorate and other Central Financial Institutions all the issues, including the alleged siphoning of money from the country, violation of FERA and amalgamation of HML with its other companies.

Revenue Secretary Sathyajeeth Rajan will meet the officials of Ministry of Corporate affairs, Ministry of Company Affairs, Enforcement Directorate and other Central Financial Institutions and present the State's case before them.

It is learned that the State government had decided to strongly present its views after the Centre had not taken any serious decision with regard to the issues raised. The Centre had not responded to the State's demand for a comprehensive inquiry into the alleged diversion of funds by the company from the country to Ghana, which amounted to violation of FERA.

The revenue secretary is also known to take up with the ministry of Corporate Affairs the stand it had taken with respect to the amalgamation of HML and its other companies. The Ministry had submitted before the High Court that it will not object to the composite scheme of amalgamation, which had raised a controversy with the state government stating that its views were not sought before the Ministry gave the report.

Moreover, the state government is yet to get a response about reports of availing tea subsidies by the company from the Tea Board by producing alleged fake sketches and documents. The government had already written to the various Ministries about the company availing tea subsidies after the vigilance department is learned to have raised doubts about it.

Source: The Newindian Express

http://epaper.newindianexpress.com/221145/The-New-Indian-Express-Thiruvananthapuram/30-01-2014#page/5/1

Hidden Agenda Behind HML meet

A time when the government has served a showcause notice on Harrisons Malayalam Ltd for retrieving about 20,000 acres of land in their illegal possession and Vigilance filing criminal cases against company officials for forging documents, the revenue secretary has convened a joint meeting of the company representatives and the vigilance team, which is alleged to backtrack the government's entire initiative. 

The meeting has been convened, flouting the rules as the government was hearing the views of the persons against whom a criminal case was in vogue, highly placed sources said. The company representatives have been called for a meeting in the presence of the Vigilance that had registered an FIR against them, which only aggravated the situation, they said and raised doubts if it was not an attempt to scuttle the vigilance inquiry against the company and its officials. Moreover, the officials who were directly involved and who were aware of the entire issue were not called for at the meeting, they added.

In a major development, the government has served a showcase notice on the HML with 

respect to retrieving about 20,000 acres of land in their illegal possession. Special officer M G Rajamanickam who probed the irregularities with regard to HML land in four districts – 

Pathanamthitta, Kollam, Kottayam and Idukki – served the notice under rule 9, section 12 of 

the KLC Act, giving the company authorities one month's time to reply. 

The notice was served after the special team constituted under Rajamanickam completed the inspection of the 25630.94 acres of land that comes under the 1600/1923 document. The special team was appointed based on the High Court judgement, which had permitted the government to reclaim the land which is allegedly in their illegal possession by implementing provisions of the Land Conservancy Act.

Source: The New Indian Express

http://epaper.newindianexpress.com/218450/The-New-Indian-Express-Thiruvananthapuram/24-01-2014#page/4/1

http://epaper.newindianexpress.com/c/2267891

Centre not consulted on HML merger issue: Kerala

The Centre's decision not to object the merger between Harrisons Malayalam Ltd and three other companies has raised a controversy with the state government stating that it was not consulted on its views before the Ministry of Corporate affairs filed a report.

However, the Ministry of Corporate Affairs claimed that the state government had not filed any objection before it against the the amalgamation between Harrisons Malayala ltd and Enchanting Plantations Ltd, Malayalam Plantations Ltd and Harmony Plantations Ltd, and that the report was filed based on the papers available with it.

The revenue department officials said that the government had informed the Ministry that the company had mooted an amalgamation of its various companies by suppressing the material fact through forged and concocted documents, a matter of grave concern and against public interest that warranted investigation into the affairs of the company under section 237 of the Companies Act. It was on this basis that the Ministry of Corporate Affairs Deputy Director M S Pachouri directed the Regional Director and Registrar of Companies, Kerala, to furnish a report. ''So it is not known why the regional director now says that the state has not filed an objection,'' they said.

Moreover, the regional director should have inquired about the initiatives taken to retrieve the lands in their illegal possession, pending cases and also the criminal cases filed against the company executives. The regional director also have all the documents with regard to alleged violations of the Companies Act by the company with respect to the shifting of the office of the STEL holdings, which could also have been taken into account before giving such a report.

The Regional Director, Ministry of Corporate Affairs, Chennai region, had filed before the High Court that it decided not to make any objection in the matter of amalgamation after the scheme of arrangement and other relevant papers were examined. Regional Director B K Bansal claimed that the state government had not filed any objection before him. 

Source: The Newindian Express
http://epaper.newindianexpress.com/215014/The-New-Indian-Express-Kochi/17012014#page/4/1