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Friday, May 23, 2008
Tuesday, April 15, 2008
Deregistering from Service Tax - Service Tax Notifications
SERVICE TAX NOTIFICATIONS 2008 >>
15/2008 1-3-2008
Budget Notification 2008-09
14/2008 1-3-2008
Budget Notification 2008-09
13/2008 1-3-2008
Budget Notification 2008-09
12/2008 1-3-2008
Budget Notification 2008-09
11/2008 1-3-2008
Budget Notification 2008-09
10/2008 1-3-2008
Budget Notification 2008-09
9/2008 1-3-2008
Budget Notification 2008-09
8/2008 1-3-2008
Budget Notification 2008-09
7/2008 1-3-2008
Budget Notification 2008-09
6/2008 1-3-2008
Budget Notification 2008-09
5/2008 1-3-2008
Budget Notification 2008-09
4/2008 1-3-2008
Budget Notification 2008-09
2/2008 18-1-2008
Amends Notification No. 19/2007-Service Tax, dated the 12th May, 2007
1/2008 18-1-2008
Amends Notification No. 18/2007-Service Tax, dated the 12th May, 2007
SERVICE TAX NOTIFICATIONS 2007>>
SERVICE TAX NOTIFICATIONS 2006>>
SERVICE TAX NOTIFICATIONS 2005>>
SERVICE TAX NOTIFICATIONS before 2005 >>
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Useful blog.
Add this page too. Its the 2008 notifications, inc. the 10 lakh exemption.
Btw, while filing your tax returns, you need to mention the notification number for any exemtion you are claiming.
I'm giving the 2007 notification number below. (Also the 2008 notification number)
2007 notification:
There is no need for a service provider to collect and pay service tax up to Rs 8 lakh. Notification No. 6/2005, dated 1 March 2005, as amended by Notification No. 4/2007, dated 1 March 2007, grants this benefit to every service provider. The said notification, however, lists some conditions. Their fulfillment allows a service provider to take the benefit of the exemption.
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2008 Notification:
Notification New Delhi, the 1st March, 2008No. 8/2008-Service Tax 11 Phalguna, 1929 (Saka)G.S.R. (E).–In exercise of the powers conferred by sub-section (1) of section 93 of theFinance Act, 1994 (32 of 1994), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 6/2005-Service Tax, dated the 1st March, 2005 which was published in the Gazette of India, Extraordinary, vide number G.S.R. 140(E) of the same date, namely:-In the said notification, for the words "eight lakh rupees", wherever they occur, the words "tenlakh rupees" shall be substituted. 2. This notification shall come into force on the 1st day of April, 2008.
http://www.cbec.gov.in/budget0809/budget-0809-idx.htm-
Rajeev Kakkar
Saturday, April 12, 2008
Laws for Industries
Laws relating to Specific Industries
There are several legislations which regulate the conditions of employment, work environment and other welfare requirements of certain specific industries. These enactments deal with factories and workshops; mines and minerals; plantations; shops and establishments as well as transportation. Some of the major legislations are:-
The Factories Act,1948 is the umbrella legislation enacted to regulate the working conditions in factories. According to the Act, a 'factory' means "any premises including the precincts thereof:- (i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on; or (ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on; but this does not include a mine subject to the operation of the Mines Act, 1952 , or a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel, restaurant or eating place."
The Act is administered by the Ministry of Labour and Employment through its Directorate General Factory Advice Service & Labour Institutes (DGFASLI) and by the State Governments through their factory inspectorates. DGFASLI serves as a technical arm to assist the Ministry in formulating national policies on occupational safety and health in factories and docks.
The Plantation Labour Act, 1951 provides for the welfare of plantation labour and regulates the conditions of work in plantations. According to the Act, the term 'plantation' means "any plantation to which this Act, whether wholly or in part, applies and includes offices, hospitals, dispensaries, schools, and any other premises used for any purpose connected with such plantation, but does not include any factory on the premises to which the provisions of the Factories Act,1948 apply".
The Act is administered by the Ministry of Labour through its Industrial Relations Division . The Division is concerned with improving the institutional framework for dispute settlement and amending labour laws relating to industrial relations. It works in close co-ordination with the Central Industrial Relations Machinery (CIRM) in an effort to ensure that the country gets a stable, dignified and efficient workforce, free from exploitation and capable of generating higher levels of output.
The Mines Act, 1952 contains provisions for measures relating to the health, safety and welfare of workers in the coal, metalliferous and oil mines. According to the Act,the term 'mine' means "any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on and includes all borings, bore holes, oil wells and accessory crude conditioning plants, shafts, opencast workings, conveyors or aerial ropeways, planes, machinery works, railways, tramways, slidings, workshops, power stations, etc. or any premises connected with mining operations and near or in the mining area".
The Act is administered by the Ministry of Labour and Employment through the Directorate General of Mines Safety (DGMS). DGMS is the Indian Government regulatory agency for safety in mines and oil-fields. It conducts inspections and inquiries, issues competency tests for the purpose of appointment to various posts in the mines, organises seminars/conferences on various aspects of safety of workers.
The Contract Labour (Regulation & Abolition) Act, 1970 was enacted to regulate employment of contract labour so as to place it at par with labour employed directly, with regard to the working conditions and certain other benefits. Contract labour refers to "the workers engaged by a contractor for the user enterprises". These workers are generally engaged in agricultural operations, plantation, construction industry, ports & docks, oil fields, factories, railways, shipping, airlines, road transport, etc.
The Act is implemented both by the Centre and the State Governments. The Central Government has jurisdiction over establishments like railways, banks, mines etc. and the State Governments have jurisdiction over units located in that state. In the Central sphere, the Central Industrial Relations Machinery (CIRM) headed by Chief Labour Commissioner (Central) and his officers have been entrusted with the responsibility of enforcing the provisions of the Act and the rules made thereunder.
The Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 was enacted to regulate the employment and conditions of service of building and other construction workers and to provide for their safety, health and welfare measures. The Act is applicable to every establishment which employs ten or more workers in any building or other construction work and to the projects costing more than Rs.10 lakh. The Act contains provision for immediate assistance to the workers in case of accidents; old age pension; loans for construction of house; premia for group insurance; financial assistance for education, medical expenses and maternity benefits, etc.
The Motor Transport Workers Act, 1961 was enacted to provide for the welfare of motor transport workers and to regulate the conditions of their work. It applies to every motor transport undertaking employing five or more motor transport workers. The State Government may, after giving notification in the Official Gazette, apply all or any of the provisions of this Act to any motortransport undertaking employing less than five motor transport workers. According to the Act, 'motor transport undertaking' means "an undertaking engaged in carrying passengers or goods or both by road for hire or reward and includes a private carrier".
Every employer of a motor transport undertaking to which this Act applies shall have the undertaking registered under this Act. No adult motor transport worker shall be required or allowed to work for more than eight hours in any day and forty-eight hours in any week. Also, no adolescent shall be employed or required to work as a motor transport worker in any motor transport undertaking for more than six hours a day including rest interval of half-an-hour; and between the hours of 10 P.M. and 6 A.M.
The Sales Promotion Employees (Conditions of Service) Act, 1976 was enacted to regulate certain conditions of service of sales promotion employees in certain establishments. According to the Act, the term 'sales promotion employees' means, "any person by whatever name called (including an apprentice) employed or engaged in any establishment for hire or reward to do include any such person:- (i) who, being employed or engaged in a supervisory capacity, draws wages exceeding sixteen hundred rupees per mensem; or (ii) who is employed or engaged mainly in a managerial or administrative capacity".
The Act shall apply to every establishment engaged in the pharmaceutical industry. The Central Government may, by notification in the Official Gazette, apply the provisions of this Act, to any other establishment engaged in any notified industry. Every employer in relation to an establishment shall keep and maintain such registers and other documents and in such manner as may be prescribed.
The Shops and Establishments Act,1953 was enacted to provide statutory obligation and rights to employees and employers in the unorganised sector of employment, i.e. shops and establishments. It is applicable to all persons employed in an establishment with or without wages, except the members of the employer's family. It is a State legislation and each State has framed its own rules for the Act. The State Government can exempt, either permanently or for a specified period, any establishments from all or any provisions of this Act. The Act provides for compulsory registration of shop/ establishment within thirty days of commencement of work and all communications of closure of an establishment within 15 days from its closing. It also lays down the hours of work per day and week as well as the guidelines for spread-over, rest interval, opening and closing hours, closed days, national and religious holidays, overtime work, etc.
The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 was enacted to protect the rights and safeguard the interest of migrant workers. The Act intends to regulate the employment of inter-state migrant workmen and to provide their conditions of service. It applies to every establishment and the contractor, who employ five or more inter-state migrant workmen. The Act has provision for issue of Pass-Book to every inter-state migrant workman with full details, payment of displacement allowance, payment of journey allowance including payment of wage during the period of journey, suitable residential accommodation, medical facilities and protective clothing, payment of wages, equal pay for equal work irrespective of sex etc.
The responsibility for enforcement of the Act in establishments where the Central Government is the appropriate Government lies with the office of the Chief Labour Commissioner (Central) and for the establishments located under the States sphere lies with the respective State Governments.
Also, to extend a measure of social assistance to workers in the unorganized sector, the concept of 'Labour Welfare Fund' was evolved and five welfare funds were set up under the Ministry of Labour and Employment. These funds are aimed to provide housing, medical care, educational and recreational facilities to workers employed in beedi industry, certain non-coal mines and cine workers. Such funds are financed out of the proceeds of cess levied under respective Cess/Fund Acts. The various legislation so enacted include:-
The Mica Mines Labour Welfare Fund Act, 1946 - was enacted to provide for constitution of a fund for financing the activities which promote welfare of labour employed in the mica mining industry.
The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972 - was enacted to provide for the levy and collection of a cess on limestone and dolomite for financing the activities which promote the welfare of persons employed in the limestone and dolomite mines.
The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Fund Act, 1976 - was enacted to provide for financing the activities which promote the welfare of persons employed in the iron ore mines, manganese ore mines and chrome ore mines.
The Beedi Workers Welfare Fund Act, 1976 - was enacted to provide for financing the measures which promote the welfare of persons engaged in beedi establishments.; and
The Cine Workers Welfare Fund Act, 1981 - was enacted to provide for financing the activities which promote the welfare of certain cine-workers.
The above Acts provide that the fund may be applied by the Central Government to meet the expenditure incurred in connection with measures and facilities which are necessary to provide the welfare of the respective workers.
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Related Links :
Ministry of Labour and Employment
Central Industrial Relations Machinery (CIRM)
Directorate General Factory Advice Service & Labour Institutes (DGFASLI)
Directorate General of Mines Safety (DGMS)
Source: Compiled in association with FICCI, Date:17-04-2007
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Saturday, March 15, 2008
Service tax records India
2) Every assessee shall furnish to the Superintendent of Central Excise at the time of filing of return for the first time or the 31st day of January, 2008, whichever is later, a list in duplicate, of-(i) all the records prepared or maintained by the assessee for accounting of transactions in regard to,-
(a) providing of any service, whether taxable or exempted;(b) receipt or procurement of input services and payment for such input services;(c) receipt, purchase, manufacture, storage, sale, or delivery, as the case may be, in regard of inputs and capital goods;(d) other activities, such as manufacture and sale of goods, if any.(ii) all other financial records maintained by him in the normal course of business.”; (b) sub-rule (4) shall be omitted;
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Friday, March 07, 2008
MOFA gets more teeth
The President of India has recently approved several amendments in the Maharashtra Ownership of Flats Act
Vinod Sampat. Mumbai
On 25th February, 2008, the President of India approved several amendments in the Maharashtra Ownership of Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 2005.
The highlights of the amendments along with the specific section are as follows:
Builder/s will have to execute the conveyance.
Power is given to the District Deputy Registrar to act as Competent Authority: Section 5A
Power is given to Competent Authority for registration of Co-operative Society under the provisions of Maharashtra Co-operative Societies Act, 1960: Section 10(1)
It is the duty of the promoter (builder) to file with the competent authority within the prescribed period, a copy of the conveyance executed by him: Section 11(2)
If the promoter fails to execute the conveyance in favour of the co-operative society, company or associations or apartment owners as the case may be, then the flat purchasers can approach the competent authority with a true copy of the registered agreement of all the flat purchasers, including Occupation Certificate and Registration Certificate of the society. Then, in such circumstances, the co-operative society, company or association is entitled to have unilateral deemed conveyance: Section 11(3)
The proceedings before the competent authority have to be completed within a period of six months. The competent authority must verify the authenticity of the document produced before him and after giving a reasonable opportunity to the promoter, if satisfied will issue a certificate to the Sub-Registrar or any other Registration Officer under the Registration Act, 1908, certifying that it is a fit case for enforcing unilateral execution of conveyance deed conveying the right, title and interest of the promoter in the land and the building in favour of the applicant, as deemed conveyance: Section 11(4)
The sub registrar after receipt of the certificate issued by the competent authority along with the unilateral instrument of conveyance can issue summons to the promoter to show cause why the unilateral instrument should not be registered as deemed conveyance. However, reasonable opportunity of being heard may be given to the promoter.
If the Sub-Registrar is satisfied then he will register the unilateral conveyance as 'deemed conveyance': Section 11(5)
The 'competent authority' has been created who has powers to award criminal imprisonment to the builder/ s for a period not less than six months and not more than one year and/ or along with fine ranging from Rs 10,000 to 50,000: Section 13 (3) (a) and 13 (3) (b)
The builder/s if convicted will not be able to carry on construction activities for a period of five years. However, the disqualification shall not affect the permission for construction of flats already granted: Section 13 (4), 13 (5) and 13 (6).
The competent authority shall be deemed to be a public servant as per the provisions of Indian Penal Code: Section 13B
Proceedings before the competent authority shall be aimed to be judicial proceedings as per the provisions of Indian Penal Code: Section 13C
The competent authority shall be deemed to be a Civil Court for certain purposes: Section 13D
No action can be taken against the competent authority for acts done in good faith by the competent authority: Section 13E The above said notification can result in about 50,000 societies in Maharashtra getting conveyance of the property in their favour.
This will provide a big relief to crores of people residing in Maharashtra. It will also result in Maharashtra Ownership Flats Act getting more teeth. Advocate Vinod C. Sampat is President, Co-operative Societies Residents, Users and Welfare Association\
Copyright Permission www.3dsyndication. com ------------ --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --- In view of this very powerful act, signed by the President of India, flat owners are now in a better position to force the hand of the builder who will obviously not want to be punished for negligence. It is also an opportunity for the builder to negotiate and settle pending issues with the flat owners in an amicable manner. --
Please visit my blog: http://ThinkUnderst andAcceptAdapt. blogspot. com
Google's Digital Millennium Copyright Act policy
Google has received a legal complaint and submitted it here to the Chilling Effects database, as described in Google's Digital Millennium Copyright Act policy. In response to the complaint, Google may have removed content from a search results page or hosted page.
Question: Why does a web host, blogging service provider, or search engine get DMCA takedown notices?
Answer: Many copyright claimants are making complaints under the Digital Millennium Copyright Act, Section 512(c)'s safe-harbor for hosts of "Information Residing on Systems or Networks At Direction of Users" or Section 512(d)'s safe-harbor for providers of "Information Location Tools." These safe harbors give providers immunity from liability for users' possible copyright infringement -- if they "expeditiously" remove material when they get complaints. Whether or not the provider would have been liable for infringement by users' materials it hosts or links to, the provider can avoid the possibility of a lawsuit for money damages by following the DMCA's takedown procedure when it gets a complaint.
The person whose information was removed can file a counter-notification if he or she believes the complaint was erroneous.
Question: What does a service provider have to do in order to qualify for safe harbor protection?
Answer: In addition to informing its customers of its policies, a service provider must follow the proper notice and takedown procedures and also meet several other requirements in order to qualify for exemption under the safe harbor provisions.
In order to facilitate the notification process in cases of infringement, ISPs which allow users to store information on their networks, such as a web hosting service, must designate an agent that will receive the notices from copyright owners that its network contains material which infringes their intellectual property rights. The service provider must then notify the Copyright Office of the agent's name and address and make that information publicly available on its web site. [512(c)(2)]
Finally, the service provider must not have knowledge that the material or activity is infringing or of the fact that the infringing material exists on its network. If it does discover such material before being contacted by the copyright owners, it is instructed to remove, or disable access to, the material itself. The service provider must not gain any financial benefit that is attributable to the infringing material.
Question: What are the provisions of 17 U.S.C. Section 512(c)(3) & 512(d)(3)?
Answer: Section 512(c)(3) sets out the elements for notification under the DMCA. Subsection A (17 U.S.C. 512(c)(3)(A)) states that to be effective a notification must include: 1) a physical/electronic signature of a person authorized to act on behalf of the owner of the infringed right; 2) identification of the copyrighted works claimed to have been infringed; 3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed; 4) information reasonably sufficient to permit the service provider to contact the complaining party (e.g., the address, telephone number, or email address); 5) a statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and 6) a statement that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner. Subsection B (17 U.S.C. 512(c)(3)(B)) states that if the complaining party does not substantially comply with these requirements the notice will not serve as actual notice for the purpose of Section 512.
Section 512(d)(3), which applies to "information location tools" such as search engines and directories, incorporates the above requirements; however, instead of the identification of the allegedly infringing material, the notification must identify the reference or link to the material claimed to be infringing.
Question: Does a service provider have to follow the safe harbor procedures?
Answer: No. An ISP may choose not to follow the DMCA takedown process, and do without the safe harbor. If it would not be liable under pre-DMCA copyright law (for example, because it is not contributorily or vicariously liable, or because there is no underlying copyright infringement), it can still raise those same defenses if it is sued.
Question: How do I file a DMCA counter-notice?
Answer: If you believe your material was removed because of mistake or misidentification, you can file a "counter notification" asking the service provider to put it back up. Chilling Effects offers a form to build your own counter-notice.
For more information on the DMCA Safe Harbors, see the FAQs on DMCA Safe Harbor Provisions.
For more information on Copyright and defenses to copyright infringement, see Copyright.
Cease and Desist? What is this site?
The Chilling Effects Clearinghouse collects and analyzes legal complaints about online activity, helping Internet users to know their rights and understand the law. Chilling Effects welcomes submission of letters from individuals and from Internet service providers and hosts. These submissions enable us to study the prevalence of legal threats and allow Internet users to see the source of content removals.
Chilling Effects aims to support lawful online activity against the chill of unwarranted legal threats. We are excited about the new opportunities the Internet offers individuals to express their views, parody politicians, celebrate favorite stars, or criticize businesses, but concerned that not everyone feels the same way. Study to date suggests that cease and desist letters often silence Internet users, whether or not their claims have legal merit. The Chilling Effects project seeks to document that "chill" and inform C&D recipients of their legal rights in response.
The Chilling Effects clearinghouse is a database of cease and desist notices (C&Ds) sent to Internet users, legal interpretation of those notices, Frequently Asked Questions about parts of the law that affect online activity, and related news and resources. If you have received a cease and desist, we invite you to add it to our database.
You can use this site in many different ways: choose a topic area and explore its homepage and FAQs; search the database for C&Ds similar to one you've received or sent; submit your own notice for law students at the participating clinics to analyze.
The site's centerpiece is the database of annotated cease-and-desist notices:
Clinical law students review the notices submitted and link their legalese to explanatory FAQs. As the number of notices grows, so will the selection of FAQs, which can be read either alongside the notices or on their own.
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Saturday, March 01, 2008
e-procurement and e-tendering
What is E-Procurement?
What is Electronic Tendering?
How Secure is it?
Trust in electronic environment through digital signatures
PKI Framework under the IT ActCentral to the growth of e-commerce and e-governance is the issue of trust in electronic environment. The future of e-commerce and e-governance depends on the trust that the transacting parties place in the security of transmission and the content of communication.
Creating trust in electronic environment involves assuring the transacting parties about the integrity and confidentiality of the content of documents along with authentication of the sending and receiving parties in a manner that ensures that both the parties cannot repudiate the transaction. The paper based concepts of identification, declaration and proof are carried through the use of digital signatures in electronic environment. Digital signatures, a form of electronic signatures, are created and verified using Public Key Cryptography that is based on the concept of a key pair generated by a mathematical algorithm, the public and private keys.
The Information Technology Act, 2000 provides the required legal sanctity to the digital signatures based on asymmetric cryptosystems. The digital signatures are now accepted at par with handwritten signatures and the electronic documents that have been digitally signed are treated at par with paper documents.
The IT Act provides for the Controller of Certifying Authorities (CCA) to license and regulate the working of Certifying Authorities. The Certifying Authorities (CAs) issue digital signature certificates for electronic authentication of users.
The CCA certifies the public keys of CAs using its own private key, which enables users in the cyberspace to verify that a given certificate is issued by a licensed CA. For this purpose it operates, the Root Certifying Authority of India (RCAI). The CCA also maintains the National Repository of Digital Certificates (NRDC), which contains all the certificates issued by all the CAs in the country.
CCA at the root of the trust chain in India.
MCA21 Program
Ministry of Company Affairs (MCA), Government of India (GoI) has initiated MCA21 program, for easy and secure access to MCA services in a manner that best suits the businesses and citizens.
The program goals have been set as follows keeping in mind stakeholders' needs:
Business enabled to register a company and file statutory documents quickly and easily
Public to get easy access to relevant records and effective grievances redressal
Professionals to be able to offer efficient services to their client companies
Financial Institutions to easily find charges registration and verification
Employees to ensure proactive and effective compliance of relevant laws and corporate governance
MCA21 is envisioned to provide anytime and anywhere services to businesses. It is a pioneering program being the first mission mode egovernance project being undertaken in the country. This program builds on the GoI vision to introduce a Service Oriented Approach in the design and delivery of Government services, establish a healthy business ecosystem and make the country globally competitive.
Program Scope
MCA21 program will provide for anytime anywhere electronic services with speed and certainty to all the stakeholders. It will include:
Design and development of application system
Setting up of IT infrastructure
Setting up the Digital Signature/PKI delivery mechanisms and associated security requirements
Setting up of Physical Front Offices (PFOs)
Setting up of temporary FOs for the peak periods to meet with the requirements and subsequent shutdown of temporary FOs at the end of such peak periods
Migrating legacy data and digitization of paper documents to the new system
Providing MCA services to all MCA21 stakeholders in accordance with the Service Oriented Approach
Providing user training at all levels and all offices (Front and Back Offices)
The MCA21 is designed to automate processes related to the proactive enforcement and compliance of the legal requirements under the Companies Act, 1956. However, it does not include processes related to OL.
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PAN Card application
Types of PAN applications
There are two types of applications:
1) Application for allotment of PAN (Form 49 A) This application should be used when the applicant has never applied for a PAN or does not have PAN allotted to him. Applicant may visit ITD’s website www.incometaxindia.gov.in to find whether a PAN has been allotted to him or not.
2) 'Request for New PAN Card or/and Changes or Correction in PAN data' This application should be used when PAN has been allotted already to applicant but a new PAN card is required or when data associated with the PAN (e.g. name of applicant / date of birth / address) is required to be updated in records of ITD. It is required that any change in the information provided to ITD at the time of making application for allotment of PAN, should be intimated to ITD by way of filing a 'Request for New PAN Card or/and Changes or Correction in PAN data'. A new PAN card bearing the same PAN but updated information is issued to applicant in such case.
How to apply
Transfers made easy
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A recent circular of the revenue and forest department has simplified the process of conveyance of immoveable properties in the state. Now, it is possible to register a property and assert one's right over it without waiting for a no-objection certificate from the various authorities concerned.
The circular was issued on January 25, 2008.In 2005, the Supreme Court, in a case that involved seven state governments as affected parties, had declared Section 22A of the Indian Registration Act as unconstitutional.This section made it compulsory to obtain NOCs from authorities such as the Collector, BMC or other local bodies to whom the land belonged. The Court also directed that no registrar or sub-registrar of assurances could refuse registration under any notifications issued under the provision.Such notifications had created stumbling blocks for many property transactions, as obtaining this NOC was a cumbersome process.VN Abale, section officer of the Revenue and Forest Department who issued the order says, "The recent order has directed the registering authority to set aside the requirement of NOC on government land. However we have also withdrawn the earlier government orders issued under 22A for other lands such as BMC, Trust land, local bodies and Waqf land. Now the requirement of even taking NA (Non Agriculture) permission and approved layouts before registering the document is not applicable." The developer community is delighted. "Any move which reduces the requirements of NOC in registration procedures is a welcome step as it brings down the time and the cost of completing any property transaction," says Vimal Shah, Director, Akruti Nirman. "Registration of any document was mixed up with various NOCs, which created confusion and delay. Now, this move allows completing the transaction at a faster rate."
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Transfers made easy
A recent government decision paves the way for a smoother registration of properties, says Prasad Sathyen
Shah adds: "In the past, even whrm the property deal was struck and full payments were being made, the documents were not being registered and was leading to a risk of holding a defective title." Mukesh Patel, 'Knowledge Worker', Neelkanth Group, explains: "Home buyers on such lands are not able to get home loans due to non-registration of documents. The sub-registrar insists on the government or agency's NOC for buildings - even buildings under construction on government
Quick BYTES
. A recent circular clarifies that an NOC from various authorities i,s not required for registration of a property . Developers and flat buyers have welcomed the move, saying it will simplify the process
lands. Now home buyers can avail of a loan as the order facilitates faster registration. As a normal practice even banks accept only registered documents for granting loans. This move will pave the way for faster sanction of loans. Even non-registration of plot documents due to the absence of NOC delayed the execution of housing projects." Sunit Gupta, stamp duty and registration expert, says the NOCs have been time-consuming and often led to cancellation of sale deeds.Gupta speaks of transactions on collector's land, such as those at Nariman Point, Bandra and Chembur, were stuck in bureaucratic tangles because registration was refused. Similarly, many purchase transactions in places like Bhayander, Mira Road and Thane District also were not registered because they could not produce N.A. Permission, Approved Layout plans, N.O.C. of Municipal Authority
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and/ or Any Development Authority for any building or structure.Sandeep Runwal, MD, Runwal Developers, states that as many as 52 NOCs are required for a building to be constructed. The government should try to streamline and simplify land ownership title procedures and reduce the requirement of NOCs for commencing the work. "This is one of the major challenges despite having a registered document," he says.Sunil Mantri, Director, Mantri Realty, also welcomes the move. He says, "Due to the requirement of NA permissions and layout approvals on such lands the builder was not able to register plot documents and now these things are not needed. This or- .der is a boon for the real estate it will now be possible to get registration of documents immediately." Advocate Lakhamshi Rambhia opines that sub-registrars should be made aware of these development to prevent unnecessary hardhips to citizens. This will also prevent unnecessary litigation and even corruption in the registration department.As Deepak Goradia, Chairman, Dosti Group, observes, the bigger impact will be on resale of flats where NOCs of competent authorities will not be needed for registering the property document. "This move of the government will ease the registration process," he says.Chartered accountant Ramesh Prabhu points out another advantage.Housing societies on BMC, Collector and MHADA lands often ask for NOCs to allot new memberships to purchasers. In spite of a registered document, the housing society finds it difficult to give membership until the NOC is obtained. Now, he says, this problem should no longer exist.Finally, advocate Vinod Sampat points out, the NOC can betaken later, even after the property document has been registered. Thanks to this circular, the NOC is no longer a hurdle to the registration process.
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Friday, February 29, 2008
Training Course on Patents (IPR)
Greetings & Invitation for 5 Days Training Course on Patents (IPR)
For Research scholars, IP Professionals, Attorneys, Lawyer, etc.
- From NIIPM, GOVT. OF INDIA
Dear Sir / Madam,
The National Institute of Intellectual Property Management (NIIPM) is a Central Government Organization under the Ministry of Commerce & Industry engaged in conducting Intellectual Property (IPR) training programs on Patents, Designs, Trademarks and Geographical Indications. Such IPRs are considered as a barometer of R&D activities, encourages technology transfer, national & foreign investments & helps in technological development of a nation resulting in industrial development of national economy.
Patent is “exclusive right granted by Government to the applicant for his disclosed invention, which is Product / Process, that offers a new technical solution to a problem”;
Patent gives the right to prevent others from making, using, offering for sale or selling or distribute, importing the patented product. It is observed that the Patent applications filed by the Indian inventors & companies, are less as compared to foreign applicants.
Also many inventors are loosing the chance of obtaining Patents for their inventions by commercially using or publishing their invention in newspapers or scientific and technical journals and such inventions are not patented and thus remain unprotected.
Therefore, to safeguard the interest of the inventors, NIIPM has decided to conduct “Training on Patents” at NIIPM for various Industries, R&D units, Educational institutions etc. in order to create awareness of IPR.
Present Training Program* is as under: - Program5 Days Training Course on Patents (IPR)- for Research scholars IP Professionals, Attorneys, Lawyers VenueNIIPM, CGO complex, C Block, Ground floor, Seminary Hills, Nagpur, Maharashtra Date10th to 14th March 2008 (Timings: - 10.30 AM to 6.00 PM) FeesRs. 1250/- only per person (Cash / DD in favor of “Patent Information System, Nagpur”) (Inclusive of Tea, Lunch, Training materials, Bag, etc)
*Please confirm your participants for the above program positively by 05/03/2008 As there are limited seats, participation will be conformed on first come first serve basis. For further details & registration you can contact to: Mrs. C. Satpute (0712- 2511380) - Sr. Documentation officer OR Mr. Pankaj P. Borkar (9224425777) - Examiner of Patents & Designs.
With regards from:-National Institute of Intellectual Property Management(NIIPM)Government of IndiaMinistry of Commerce & IndustryCGO complex, C Block, Seminary Hills,Nagpur- 440006, Maharashtra,IndiaPh: 91 (0712) 2510088 / 2511380 / 2510535 / 2511241 Fax: 91 (0712) 2512040 / 2510186Email: niipmnagpur@yahoo.com, ipti-mh@nic.in http://www.ipindia.nic.in/, http://www.patentoffice.nic.in/
Tuesday, February 19, 2008
A TWO - DAY SEMINAR ON"STATUTORY REQUIREMENTS FOR INDUSTRIES"
ON 22nd & 23rd FEBRUARY, 2008(FRIDAY - SATURDAY) AT Hotel Atithi"SANGHATHAN HALL - II"Near Domestic Airport , Vile Parle (East), Mumbai -400 099.Tel.: 2618 7941-42
SEMINAR OBJECTIVES-Acquaintance with latest rules, acts regulations, Notifications and their strict observance for total Industrial safety and day-to-day working of industry.To stress the importance of compliance with the industrial regulations as legal obligation.To stress the safety codes as applicable to concerned Field, develop comprehensive plans for their fulfillment. Avoid unsafe practices in Day-to-day working atmosphere in Industrial Establishments.To form a bridge between industry and different Government bodies for safer and fasterImplementation of projects and ideas for higher Productivity and growth. The Programme Comprises of:i. Salient features of Factory Act and Comments, Storage and Transportation of Explosives, Chemicals. Use, handling, of Hazardous Chemicals and Petroleum Products.ii. Prevention of Water and Air Pollution in industries.iii. Control measures for prevention of fire in industries.iv. ESIS, Contract Labour and Workman Compensation Act. v. Statutory requirements regarding Safety in Electrical installation.vi. Hazardous Waste Management.vii. Occupational Health Hazards.viii. Statutory Requirements for Pressure Vessels.Disaster Management in Chemical and Allied Industries.
FACULTY· Mr. Sanjay Khandare Member Secretary, Maharashtra pollution Control Board, Mumbai· Mr. D. P. Deshpande -Director Steam Boilers, Government of Maharashtra· Mr. M. N. Gadappa -Director, Industrial Safety & Health, Government of Maharashtra· Mr. Ajay Nigam Chief Controller of Explosives, Government of Maharashtra· Mr. A. V. Sawant Chief Fire Officer, Mumbai Fire Brigade, Mumbai· Mr. Uday K. Tatkare Divisional Fire Officer, MFB, Mumbai· Mr. S. D. Shinde,Transport Commissioner, Mumbai· Mr. Ashok B. Jain Advocate & Sr. Law Officer, MPCB, Mumbai· Mr. D. R. Sukhtankar Senior Vice President (O & M) Mumbai Supply Business, Reliance Energy Ltd., MumbaiSenior Vice President (O & M) · Mr. Ashok Jadhav Managing Director, ICMQ India,Mmbai· Dr Devendra Mohan - 'Scientist G', Bureau of Indian Standards· Mr. S. V. Ahire, Chief Manager, TAC, Mumbai· Avinash Patkar, Head, Corporate Environment & Safety Group (CESG), Tata Power Co Ltd.· Mr. D. K. Poddar AGM-In Charge, Tariff Advisory Committee, Mumbai· Mr. R. N. Raikar CMD,Struckwel Designers & Consulting Pvt. Ltd., Mumbai· Mr. V. G. Nambiar CMD, Chempro Group of Consultant, Mumbai. Dr. P. K. Rane, Regional Medical Director, Johnson & Johnson, Asia Pacific.Mr SK Sinha - Jt Director ESICMr. A. R. Chitnis, Expert -Environmental Health & Safety Advisor and Risk Accessor, MumbaiMEANT FOR -Plant & Project Engineers, Safety & Personnel Officers, Production Manager, Factory / Works Managers, Legal officers.DATE22nd February (Friday) and 23rd February (Saturday), 2008VENUEHOTEL ATITHI"SANGHATHAN - II" Near Domestic Airport , Vile Parle (East), Mumbai - 400 099."Tel.: 2618 7941-42TIMINGS9.00 a.m. to 6.00 p.m.
REGISTERATION8.30 a.m. on 22nd February, 2008
DELEGATE FEES- The fee for delegate is Rs. 6500/- for both days (Non residential) and includes course Material Tea / Coffee & Lunch. If an organization deputes two or more delegates of one company, the fee charged at a confessional Rate of Rs. 6000/- per delegate. The fees for members of IIPE is Rs. 6000/- per delegate.Cheque/Demand Draft should be drawn in favour of "IIPE - Maharashtra Chapter."
CONVENERS1. Mr. Ashok Bhatia - Tel.: 2631 0195 Mobile: 2058 2424 / 98210 94791CEO -Softscales & Boilers, MumbaiPast Chairman, IIPE, Mah. Chapter2. Mr. H. R. Mookhi - Mobile.98920 18295CEO -Multi Engg. Services, Mumbai,Past Chairman, RECORD division of IIPE, Mah. Chapter
ABOUT IIPE
The Indian Institution of plant Engineers (IIPE) is a premier Professional Institution dedicated to improve the utilization and efficiency of Plant in various industrial and service sectors. The main objective of IIPE is to induce professionalism in Plant Engineering through its various initiatives. A lot of emphasis is given upon getting acquainted and disseminating knowledge about various problems encountered within day to day plant operations and finding their solution by Plant Professionals with the new developments and emerging technologies. IIPE is the only professional institution in the country devoted to qualitative up-gradation of the Plant Engineering profession and is drawing active support from all quarters, to make this function more effective under the new challenges and difficulties faced by the Indian industry. IIPE with its Headquarters at Chennai was established in 1971. With more than 36 years of growing existence, IIPE has over 6000 active members all over India. Annual Conventions, Seminars and Workshops on topics of current relevance and active interaction with industries, are some of the main activities of this Institution.
IIPE also bring out a Plant Engineering Journal and conducts half yearly Examinations for Diploma/Graduation in Plant Engineering Studies.
ABOUT THE SEMINAR
Plant Engineering is a discipline that encompasses Design, Layout Fabrication, Erection, Commissioning, Operation and Maintenance of industrial installation. Plan Engineers have to comply with Rules and Regulations laid down by Central/State Governments and other Statutory Authorities to ensure safety and environmental requirements of the plant as well as the operating personnel. With the growing Complexity due to sophistication of plant and machinery, and compulsion on environmental safeguards, the utmost need to comply with these rules and regulations has become an absolute necessity.
Friday, February 08, 2008
Basel II
Basel II Implementation in Banks - Approaches and Challenges
Introduction to Basel II and comparison with Basel I
The three pillars of Basel II
Basel II - Approaches for Credit Risk
Basel II - Approaches for Operational Risk
Tabular comparison between Basel I and Basel I - Credit/Market/Operational Risk
Basel II framework for Wholesale and Retail Customers
Links to other sites
Latest News on Basel II
Proposal of Basel IA dropped
Proposal of Basel IA
Basel II Approach in US criticized
Majority countries to adopt Basel II
Reserve Bank of India delays Basel II Implementation
Sunday, February 03, 2008
Thursday, January 31, 2008
A Two Day Seminar On “STATUTORY REQUIREMENTS FOR INDUSTRIES”
SEMINAR OBJECTIVES
Acquaintance with latest rules, acts regulations, Notifications and their strict observance for total Industrial safety and day-to-day working of industry.
To stress the importance of compliance with the industrial regulations as legal obligation
To stress the safety codes as applicable to concerned Field, develop comprehensive plans for their fulfillment. Avoid unsafe practices in Day-to-day working atmosphere in Industrial Establishments.
To form a bridge between industry and different Government bodies for safer and faster
Implementation of projects and ideas for higher Productivity and growth. The Programme Comprises of:
Salient features of Factory Act and Comments, Storage and Transportation of Explosives, Chemicals. Use, handling, of Hazardous Chemicals and Petroleum Products.
Prevention of Water and Air Pollution in industries.
Control measures for prevention of fire in industries.
ESIS, Contract Labour and Workman Compensation Act.
Statutory requirements regarding Safety in Electrical installation
Hazardous Waste Management
Occupational Health Hazards
Statutory Requirements for Pressure Vessels.
Disaster Management in Chemical and Allied Industries.
more
Friday, December 28, 2007
Statutes and Laws, DGFASLI
LIST OF INFORMATION AVAILABLE IN ELECTRONIC FORM
A. WITH MIS DIVISION
1. ON DGFASLI WEBSITE
About DGFASLI
Information about DGFASLI
INDOSHNET
National Directory
Abstracts on OSH literature, studies, surveys, etc.
STATUTES
Factories Act 1948
Dock Workers Safety, Health & Welfare Act 1986
Model Rules framed under Factories Act
Model Rules : Part II
Other Acts – links to :
Environmental Protection Act
Manufacture, Storage and Import of Hazardous Chemical (Amendment) Rules, 2000
Building & Other Construction Act
Mines Safety Act
Indian Boilers Act 1923
Indian Boilers Regulations
Dangerous Machines (Regulations) Act
Child Labour (Prohibition and Regulations) Act
Indian Electricity Act
Indian Electricity Rules
Indian Explosives Act
The Petroleum Act
Static and Mobile Pressure Vessels Rules
PLAN PROJECTS
Major Initiatives during the 10th five year plan
Working Group Reports
ADVISORY SERVICES
Respiratory Equipment Testing Laboratory (RETL)
Types of Respiratory Protective Equipment & Related Tests
Non – Respiratory Testing laboratory (NRTL)
Flame Proof Equipment Approval
Material Safety Data Sheet (MSDS)
National Referral Diagnostic Centre(NRDC)
INDOSHNEWS
33 issues available in .pdf format right from 1996 to 2005
SAFETY AND HEALTH INFORMATION
Draft National Policy on OSH
English
Hindi
International Chemical Safety Cards
Hind - 57 cards
Statistics
Factories – Registered factories, No. of factories inspected, No. of workers Employed, Industrial injuries, Frequency and Incidence Rate, State wise fatal and non-fatal injuries, state wise status of safety officers,
Docks – Reportable accidents in major ports, ships and oil tankers inspected, appointment of Safety Officers, etc.
Video Clippings and Safety & Health Poster Gallery
Video film on OSH
Safety and health posters
Fitness :
Exercise and Cardiovascular Fitness
Important addresses :
List of Chief Insp. of factories
List of Dock Safety offices
List of Regional Labour Institutes
Awards :
Vishwakarma Rashtriya Puraskar – Details of the scheme
National Safety Awards – Details of the scheme
List of Awardees – from 1993 onwards
Publications :
Reports Published by DGFASLI
Survey of process safety, occupational health and work environment in Pesticide industries in India
STUDY REPORTS
1. Assessment of Capabilities & Management of Occupational Safety & Health in the State of Kerala
2. Assessment of Capabilities & Management of Occupational Safety & Health in the State of Goa
3. Assessment of Capabilities & Management of Occupational Safety & Health in the State of Tamil Nadu
4. Assessment of Capabilities & Management of Occupational Safety & Health in the State of West Bengal
5. Assessment of Capabilities & Management of Occupational Safety & Health in the National Capital Territory of Delhi
6. Assessment of Capabilities & Management of Occupational Safety & Health in the State of Uttar Pradesh
7. Assessment of Capabilities & Management of Occupational Safety & Health in the State of Orissa
8. Assessment of Capabilities & Management of Occupational Safety & Health in the State of Andhra Pradesh
9. A