Sterlite Industries (India) Limited - Sterlite Industries India Ltd.
Sterlite Industries (India) Limited - Sterlite Industries India Ltd.
Sterlite Industries (India) Limited - Sterlite Industries India Ltd.
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Provident Fund<br />
In accordance with <strong>India</strong>n law, all of our employees in <strong>India</strong> are entitled to receive benefits under the Provident Fund, a defined contribution<br />
plan to which both we and the employee contribute monthly at a pre-determined rate (currently 12.0% of the employee’s base salary). These<br />
contributions are made to the Government Provident Fund and we have no further obligation under this fund apart from our monthly<br />
contributions. We contributed an aggregate Rs. 249 million, Rs. 277 million and Rs. 286 million ($5.6 million) in fiscal 2007, 2008 and 2009,<br />
respectively.<br />
Gratuity<br />
In accordance with <strong>India</strong>n law, we provide for gratuity pursuant to a defined benefit retirement plan covering all of our employees in <strong>India</strong>.<br />
Our gratuity plan provides for a lump sum payment to vested employees on retirement or on termination of employment in an amount based on<br />
the employee’s salary and length of service with us. The gratuity plan provides a lump sum payment to vested employees at retirement,<br />
disability or termination of employment, in an amount based on the employee’s last drawn salary and the number of years of employment with<br />
us. The assets of the plan, to the extent the plan is funded, are held in separate funds managed by LIC and a full actuarial valuation of the plan<br />
is performed on an annual basis. Our liability for the gratuity plan was Rs. 576 million, Rs. 614 million and Rs. 668 million ($13.1 million) in<br />
fiscal 2007, 2008 and 2009, respectively.<br />
Superannuation Fund<br />
It is our current policy for all of our non-unionized employees in a managerial position and above to pay into a superannuation fund a sum<br />
equal to 15.0% of their annual base salary which is payable to the employee in a lump sum upon his retirement or termination of employment.<br />
We contributed an aggregate of Rs. 8 million, Rs. 18 million and Rs. 19 million ($0.4 million) in fiscal 2007, 2008 and 2009, respectively.<br />
Compensated Absence<br />
Our liability for compensated absences is determined on an actual basis for the entire unused vacation balance standing to the credit of each<br />
employee at each calendar year-end. Contributions to such liability are charged to income in the year in which they accrue. Liability for the<br />
compensated absences was Rs. 338 million, Rs. 615 million and Rs. 870 million ($17.1 million) in fiscal 2007, 2008 and 2009, respectively.<br />
Vedanta Long-Term Incentive Plan<br />
We are a participating company in the Vedanta LTIP which was adopted by Vedanta to grant share options to its employees or employees of<br />
its subsidiaries. Awards under the plan may be granted to any employee of Vedanta or any of its subsidiaries who is not within six months of<br />
such employee’s normal retirement date.<br />
The Vedanta LTIP is consistent with our reward philosophy, which aims to provide superior rewards for outstanding performance, and to<br />
provide a high proportion of “at risk” remuneration for executive directors and senior employees. The maximum value of Vedanta ordinary<br />
shares which may be conditionally awarded in any financial year to a participant in the Vedanta LTIP who is an executive director is restricted<br />
to 100% of that executive director’s annual base salary.<br />
The performance target which currently applies to vesting of awards is our performance as measured against comparative total shareholder<br />
return against a peer group of companies comprising the FTSE Worldwide Mining Index (excluding precious metals).<br />
During fiscal 2009, options to acquire 76,415 Vedanta ordinary shares under the Vedanta LTIP vested to our directors and executive<br />
officers.<br />
Limitations on Liability and Indemnification Matters<br />
Section 201 of the <strong>India</strong>n Companies Act provides that a company may indemnify any director, officer or auditor against any liability<br />
incurred by such director, officer or auditor in defending any civil or criminal proceedings, in which a judgment is given in favor of such<br />
director, officer or auditor or in which he or she is acquitted or discharged or in connection with application made by a director or an officer to<br />
the High Court of the relevant state for relief, because he or she has reason to apprehend that any proceeding will or might be brought against<br />
him in respect of any negligence, default, breach of duty, misfeasance or breach of trust, in which relief has been granted by the High Court of<br />
the relevant state.<br />
Section 201 also provides that, except for such indemnity described above, any provision, whether contained in the articles of association of<br />
a company or in an agreement with the company or in any other instrument, for exempting any director, officer or auditor of the company from,<br />
or indemnifying him or her against, any liability which, by any rule of law, would otherwise attach to such director, officer or auditor in respect<br />
of any negligence, default, misfeasance, breach of duty or breach of trust of which he or she may be guilty in relation to the company, shall be<br />
void.<br />
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