CHILD LABOUR IN INDIA-PRESENT SCENARIO

Every child is a gift of God –a gift must be nurtured with care and affection, with in the family and society. But unfortunately due to socio-economic and cultural problems, the code of child centeredness was replaced by neglect, abuse and deprivation, particularly in the poverty afflicted sections of the society. (1) While child labour is a complex problem that is basically rooted in poverty.(2) The strategy of progressive elimination of child labour underscores India's legislative intent, and takes cognizance of the fact that child labour is not an isolated phenomenon that can be tackled without simultaneously taking into account the socio-economic milieu that is at the root of the problem.(3). An International Moral Code of Right and Wrong Behavior said that "human rights and fundamental freedoms are the birthright of all human beings" and as a result such rights may neither be granted nor be taken away by legislation.(4)

The position of India in terms of child labour is not an appreciable one; with a credible estimates ranging from 60 to 115 million, India has the largest number of working children in the world. Whether they are sweating in the heat of stone quarries, working in the fields 16 hours a day, picking rags in the city streets, or hidden away as domestic servants, these children endure miserable and difficult lives. They earn little and are made to work more. They struggle to make enough to eat and perhaps to help feed their families as well.

They do not go to school. Many of them have been working since the age of four or five, and by the time they attain adulthood they may be irrevocably sick and deformed they will certainly be exhausted, and in this way they are debarred from enjoying the basic human rights, which are essential for the advancement of one's personality. (5) According to the statistics given by Indian government there are 20 million child labourers in the country, while other agencies claim that it is 50 million. (6)

Child labour is a conspicuous problem in India. Its prevalence is evident in the child work participation rate, which is more than that of other developing countries. Poverty is the reason for child labour in India. The meager income of child labourers is also absorbed by their families. The paucity of organized banking in the rural areas creates a void in taking facilities, forcing poor families to push their children in harsh labour, the harshest being bonded labour.(7) That declaration stated that all ILO members have an obligation "to respect, to promote and to realize in good faith" a set of fundamental rights which include freedom of association the effective recognition of the right to collective bargaining the elimination of all forms of forced or compulsory labour the effective abolition of child labour and the elimination of discrimination in respect of employment and occupation. (8)

Rights of Children under International Law

The concept of equality of all human beings, as embodied in the Universal Declaration of Human Rights of I948 stipulates under Article 25para 2 that childhood is entitled to special care and assistance. The above principle along with other principles of the Universal Declaration concerning child were incorporated in the Declaration of the Rights of the Child of 1959.The International Covenant on Civil and Political Rights under Articles 23 and 24 and the International Covenant on Economic, Social and Cultural Rights under Article 10 made provisions for the care of the child. (9) However the International Labour Organization (ILO) provides universal standards and guidelines. The ILO, a specialized agency of the UN, aims to provide guidance and standards for labour practices around the world. The International Convention and other international instruments, (10) which deal with the subject of child labour are as follows:

1. Convention on the Rights of the Child, 1989.

2. Worst Form of Child Labour Convention, 1999; and

3. Worst Form of Child Labour Recommendation

The International Program on the Elimination of Child Labour (IPEC) is a global program launched by the International Labour Organization in December, 1991. India was the first country to join it in 1992 when it signed a Memorandum of Understanding (MOU) with ILO. The MOU that expired on 31.12.1996 has been extended from time to time and has recently been extended till 31st December, 2006. The long-term objective of IPEC is to contribute to the effective abolition of child labour. (11) IPEC-India has, during the period 1992-2002, supported over 165 Action Programs.

The Govt. of India and the US Department of Labour have also initiated a US$ 40 million project aimed at eliminating child labour in 10 hazardous sectors across 21 districts in five States namely, Maharashtra, Madhya Pradesh, Tamil Nadu, Uttar Pradesh and NCT of Delhi. This project, popularly known as INDUS, is being implemented by ILO. An estimated 80,000 children will be withdrawn and rehabilitated through this project. Support activities will also be directed to 10,000 families of former child workers. (12) On 20 November 2009, the global community celebrates the 20th anniversary of the adoption by the United Nations General Assembly of the Convention on the Rights of the Child, the unique document that sets international standards for the care, treatment and protection of all individuals below age 18. (13)

Rights of Children under National Laws

India has all along followed a proactive policy in the matter of tackling the problem of child labour. India has always stood for constitutional, statutory and development measures required eliminating child labour. The Indian Constitution has consciously incorporated provisions to secure compulsory universal elementary education as well as labour protection for children. Labour Commissions in India have gone into the problems of child labour and have made extensive recommendations. (14) The Constitution of India, too provides certain rights to children and prohibits child labour. Such provisions are as follows:

1. No child below the age of 14 years shall be employed in any factory or mine or engaged in any other hazardous work. (15)

2. State, in particular, shall direct its policy towards securing that the health and strength of workers, men and women and the tender age of the children are not abused and that citizens are not forced by economic necessity to enter vocations unsuited to their age or strength.(16)

3. Children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitations and against moral and material abandon. (17)

4. The state shall endeavor to provide, within the period of 10 years from the commencement of the Constitution, free and compulsory education for all children until they complete the age of 14 years. (18)

5. The state shall provide free and compulsory education to all children between the ages of six to 14 years in such a manner as the state may by law determine (19)

6. Who is parent or guardian to provide opportunities for education to his child or the case may be, ward between the age of six and14years. (20)

There are a wide range of laws, which guarantee to a substantial extent the rights and entitlement as provided in the constitution and in the UN convention. Some of them are given below:

1. The Apprentices Act, 1861

2. The Child Labour Act, 1986

3. The Child Marriage Restraint Act, 1929

4. The Children (pledging of labour) Act, 1929

5. Children Act, 1960.

6. The Guardian and Wards Act, 1890

7. The Hindu Minority and Guardianship Act, 1956

8. The Hindu Adoption and Maintence Act, 1956

9. The Immoral Traffic (Prevention) Act, 1956

10. Juvenile Justice Act, 1986

11. The Orphanages and other charitable Homes (supervision and control) Act, 1960

12. Probation of offenders Act, 1958

13. Reformatory schools Act, 1857

14. The women's and children's institutions (licensing) Act, 1956

15. The young persons (Harmful publications) Act, 1956

Apart from these laws mainly concerning children, there are a host of related welfare and criminal laws, which have beneficial provisions for the case, and protection of children. Even the laws relating to commerce, industry and trade have protective provisions beneficial to children.

The first Act in India relating to child labour was the Enactment of Children (Pledging of Labour) Act of February 1933. The child of today is the future of our country. So the investment made on children is an asset for the future of our country. As a child is not a vase to be filled, but a fire to be lit, they should not be exploited by engaging them in employment in tender age but they should be given all necessary amenities and support so that they become responsible citizens of the nation and make the world a happier place to live in. (21) Children under fourteen constitute around 3.6% of the total labour force in India. Of these children, nine out of every ten work in their own rural family settings. Nearly 85% are engaged in traditional agricultural activities. Less than 9% work in manufacturing, services and repairs. Only about 0.8% works in factories. (22)

In 1979, Government formed the first committee called Gurupadswamy Committee to study the issue of child labour and to suggest measures to tackle it. The Committee examined the problem in detail and made some far-reaching recommendations. It observed that as long as poverty continued, it would be difficult to totally eliminate child labour and hence, any attempt to abolish it through legal recourse would not be a practical proposition. The Committee felt that in the circumstances, the only alternative left was to ban child labour in hazardous areas and to regulate and ameliorate the conditions of work in other areas. It recommended that a multiple policy approach was required in dealing with the problems of working children.

Based on the recommendations of Gurupadaswamy Committee, The Child Labour (Prohibition and Regulation) Act, 1986 was passed. This Act prohibits the employment of children below the age of 14 in factories, mines and in other forms of hazardous employment, and regulates the working conditions of children in other employment. Sec.3 of this Act imposes prohibition on employment of children in dhabas, restaurants, hotels, motels, tea shops, resorts, spas or other recreational centre's etc. (23) Recently, child labour is totally banned by the government with free education and other facilities to the child upto the age of 14. The list of hazardous occupations and processes is progressively being expanded on the recommendation of Child Labour Technical Advisory Committee constituted under the Act. (24)

According to a 2001 census, an estimated 185,595 children are employed as domestic help and in small roadside eateries. Most child domestic workers in India are trafficked by placement agencies operating in states like Orissa, Jharkhand, Uttar Pradesh and Bihar.(25) India has announced a National Policy of Child Labour as early as 1987, and was probably the first among the developing countries to have such a progressive policy. Through a notification dated May 26, 1993, the working conditions of children have been regulated in all employment not prohibited under the Child Labour (Prohibition and Regulation) Act, 1986. Further, following up on a preliminary notification issued on October 5, 1993, the government has also prohibited employment of children in occupations such as abattoirs/slaughter houses, printing, cashew de-scaling and processing, and soldering.(26) Child labour would be abolished in hazardous occupations by the year 2000, reflects a
 national consensus and commitment. After this declaration, several far-reaching initiatives have been taken by the Government to effectively tackle the problem (27) India's National Policy on Education, 1986 gives the highest priority to the program of universal elementary education, and recommends that free and compulsory education of sufficient quality be provided to all children up to the age of 14 years before we enter the 21st century. The present thrust is on three aspects, namely, universal access and enrollment, universal retention of children up to 14 years of age, and substantial improvement in the quality of education to enable all children to achieve essential levels of learning. All these aspects have been incorporated in the various initiatives taken up by the Ministry of Human Resource Development.(28)

Role of Judiciary

Indian higher judiciary has played good role in protecting rights of children and specifically in the case of child labour. The Supreme Court of India, in its M.C. Mehta Vs State of Tamil Naidu (29) has given certain directions regarding the manner in which children working in the hazardous occupations are to be withdrawn from work and rehabilitated, and the manner in which the working conditions of children working in non-hazardous occupations are to be regulated and improved. Withdrawal of children working in hazardous industries and ensuring their education in appropriate institutions; Contribution of Rs.20,000 per child to be paid by the offending employers of children to a welfare fund to be established for this purpose; Employment to one adult member of the family of the child so withdrawn from work, and if that is not possible a contribution of Rs.5000 to the welfare fund to be made by the State Government; Financial assistance to the families of
 the children so withdrawn to be paid out of the interest earnings on the corpus of Rs.20,,000/25,000.00 deposited in the welfare fund as long as the child is actually sent to the schools; Regulating hours of work for children working in non-hazardous occupations so that their working hours do not exceed six hours per day and education for at least two hours is ensured. The entire expenditure on education is to be borne by the concerned employer; as a follow up of the directions of the Supreme Court, all the State Governments were sent detailed guidelines on December 26, 1996 indicating the manner in which the directions of the Supreme Court were to be implemented. A meeting of the NAECL was convened on 31st December 1996 to discuss the directions of the Supreme Court on child labour. It was decided in the meeting that the Ministry of Labour should immediately release funds to the State Governments so as to enable them to conduct surveys of working
 children before June 10, 1997.

With child labour are filled with a high poverty level. These children have no choice but to go and work because if they don't they will starve and die. Child labour for these children is survival; there are no other chances for them. None of these children have the privilege of going to school and being able to go to a house at the end of a day. Most of these children work from the crack of dawn and don't stop working till late into the night.(30)

Child labour in India is a human right issue for the whole world. It is a serious and extensive problem, with many children under the age of fourteen working in carpet making factories, glass blowing units and making fireworks with bare little hands. According to the statistics given by Indian government there are 20 million child labourers in the country, while other agencies claim that it is 50 million. (31) According to the statistics given by ILO and other official agencies 73 million children between 10 to 14 years of age reemployed in economic activities all over the world. The figure translates into 13.2 of all children between 10to14 being subjected to child labour. (32) The child labour is prevalent at a large scale in the country. In Punjab it is found in hotels, restaurant, tea-stalls, rag collecting as domestic help in brick killen etc. for which the authorities ,parents ,educationist, police and employers or responsible. There is lack of
 implementations of child laws .Since politicians and other authorities exert pressure not to prosecute the child law violators. There are instances of bounded child labour are found in Punjab but the authorities ignore it and the various departments for the implementation of labour laws either lack funds or lack will to prosecute the child law defaulters and the laws remain merely on the paper for which the lack of control of population and increasing unemployment or the major causes and the politicians fear to tackle these problems in view of their vote banks.

Suggestions - The Govt. should take proper effective steps to decrease the population and give the employment to the parents of child labour. Necessary practical steps should be taken to educate the children. Provided the necessary sufficient funds to the organizations working for the education and removal of child labour. There should be effective implementations of child protective laws. There should be necessary prosecution of child labour defaulters. The involvement of the religious leaders, trade unionist and non government organizations and to tackle the child labour by forming advisory committees on child labour on block level should be there. The authorities should not bend before the pressure of the politicians while tackling the problems of child labour.

Conclusion- At present, inspite of policy of the government regarding removal of child labour. The various steps taken in this direction and the laws passed about it haven't controlled the ongoing child labour. This is possible only with the co-operation of all sections of the society and the law enforcement agencies and by removing or minimizing the causes of child labour. The main thrust should be on controlling the population of the country, education of the children and providing sufficient funds for its removal from the gross domestic product of India.


http://www.legalindia.in/child-labour-in-india-present-scenario

websites on Telugu language and litt.

Those who want to know latest developments in Telugu language and litt. along with interest on novels can try the following websites...I have also given a link to P.D.....all the best

http://computerera.co.in/blog/?cat=85

http://telugupadam.org

http://groups.google.com/group/telugupadam?pli=1

http://etelugu.org

http://teluguebooks.blogspot.com/

http://www.facebook.com/group.php?gid=115792231766137

PratiyogitaDarpan Feb2011 - http://www.mediafire.com/?bu6w829go6wdjjr

India’s biotechnology regulatory system

In the last 50 years, biotechnology has become a tool for enhancing economic growth and to revolutionize food security. However given that GMO (genetically modified organisms) are not naturally occurring organisms and have been tempered by human beings, there is a possibility that the GMO may effect the environment adversely either in the short term or in the long term. Indeed there have been many instances where adverse effects have been documented. It therefore becomes imperative to establish a regulatory authority to conduct appropriate tests both before introduction of the GMO to the environment as well as after its introduction by way of monitoring to ensure that there is no significant impact on the environment. Also given that GMO can become a tool of great destruction in the wrong hands such as in case of bio-terrorism, the regulatory authority also has a very sensitive role to play in the defence of a nation. To that extent, it is crucial for a  nation's regulatory system to have a series of transparent and well documented checks and balances by way of evaluating and monitoring the effect of the GMO on the environment (biotic and a biotic aspects of the eco system). This article seeks to examine if the Indian regulatory system have fulfilled these requirements.

ADVANTAGES OF GM FOODS:-

* Pest resistance

*Disease resistance

*Herbicide tolerance

*Cold tolerance

*Drought tolerance/salinity tolerance Nutrition

Environmental hazards:-

•Unintended harm to other organisms Laboratory study proved that pollen from B.t. corn caused high mortality rates in monarch butterfly caterpillars. Monarch caterpillars consume milkweed plants, not corn, but the fear is that if pollen from B.t. corn is blown by the wind onto milkweed plants in neighboring fields, the caterpillars could eat the pollen and perish. Unfortunately, B.t. toxins kill many species of insect larvae indiscriminately; it is not possible to design a B.t. toxin that would only kill crop-damaging pests and remain harmless to all other insects.

• Reduced effectiveness of pesticides Just as some populations of mosquitoes developed resistance to the now-banned pesticide DDT, many people are concerned that insects will become resistant to B.t. or other crops that have been genetically-modified to produce their own pesticides.

• Gene transfer to non-target species Another concern is that crop plants engineered for herbicide tolerance and weeds will cross-breed, resulting in the transfer of the herbicide resistance genes from the crops into the weeds. These "superweeds" would then be herbicide tolerant as well. Other introduced genes may cross over into non-modified crops planted next to GM crops. The possibility of interbreeding is shown by the defense of farmers against lawsuits filed by Monsanto. The company has filed patent infringement lawsuits against farmers who may have harvested GM crops. Monsanto claims that the farmers obtained Monsanto-licensed GM seeds from an unknown source and did not pay royalties to Monsanto. The farmers claim that their unmodified crops were cross-pollinated from someone else's GM crops planted a field or two away.

Human health risks:-

• Allergenicity Many children in the US and Europe have developed life-threatening allergies to peanuts and other foods. There is a possibility that introducing a gene into a plant may create a new allergen or cause an allergic reaction in susceptible individuals. A proposal to incorporate a gene from Brazil nuts into soybeans was abandoned because of the fear of causing unexpected allergic reactions.

• Unknown effects on human health There is a growing concern that introducing foreign genes into food plants may have an unexpected and negative impact on human health.

GM foods regulated and the government's role in this process:-

Governments around the world are hard at work to establish a regulatory process to monitor the effects of and approve new varieties of GM plants. In Japan, the Ministry of Health and Welfare has announced that health testing of GM foods will be mandatory as of April 2001. Currently, testing of GM foods is voluntary. Japanese supermarkets are offering both GM foods and unmodified foods, and customers are beginning to show a strong preference for unmodified fruits and vegetables.

India's government has not yet announced a policy on GM foods because no GM crops are grown in India and no products are commercially available in supermarkets yet.India is, however, very supportive of transgenic plant research. It is highly likely that India will decide that the benefits of GM foods outweigh the risks because Indian agriculture will need to adopt drastic new measures to counteract the country's endemic poverty and feed its exploding population.

Some states in Brazil have banned GM crops entirely, and the Brazilian Institute for the Defense of Consumers, in collaboration with Greenpeace, has filed suit to prevent the importation of GM crops,. Brazilian farmers, however, have resorted to smuggling GM soybean seeds into the country because they fear economic harm if they are unable to compete in the global marketplace with other grain-exporting countries.

In Europe, anti-GM food protestors have been especially active. In response to the public outcry, Europe now requires mandatory food labeling of GM foods in stores, and the European Commission (EC) has established a 1% threshold for contamination of unmodified foods with GM food products.In the United States, the EPA Environmental Protection Agency evaluates GM plants for environmental safety, the USDA United States Department of Agriculture evaluates whether the plant is safe to grow, and the FDA U S Food and Drug Administration the regulatory process in United States, is confused because these three different government agencies that have jurisdiction over GM foods.

Regulation of GM foods in india:-

GM foods are regulated under the following statute:-

The Food Safety and Standards Authority under the Food Safety and Standards Act, 2006 (FSSA, 2006).

Product safety, efficacy, clinical trials and market authorization of recombinant drugs are regulated by the Drug Controller General of India (DCGI) under the authority of the Drugs and Cosmetics Rules 1945 (Rules

,• Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Microorganisms/Genetically Engineered Organisms or Cells, 1989 issued underEnvironment (Protection) Act, 1986

• Drugs and Cosmetics Rules (8th Amendment), 1988• Plant Quarantine (Regulation for Import into India) Order 2003

• Seeds Bill, 2004

Department of Biotechnology (DBT) under the National Biotechnology Strategy has drafted The Biotechnology Regulatory Authority of India bill 2009 which provide the provision for the establishment of National Biotechnology Regulatory Authority. NBRA.

The National Biotechnology Regulatory Authority. NBRA shall perform the following duties:-

• To provide objective, scientific information on potential environmental risks and benefits oftransgenic fish for scrutiny by the scientific community and the public;

• To help identify any potential risks that may be associated with introducing GM foods;

• To assess the strengths and weaknesses of current regulations and guidelines in India, compile and analyze international approaches to regulating GM foods, and provide recommendations toimprove the risk assessment framework for GM foods;

• To evaluate if additional scientific capacity may need to be developed within the NBRA to support future safety assessments of GM foods

.• Ensure that the processes and criteria for risk assessment and risk management are easily accessible so that product developers, stakeholders, and the public can be confident that the biotechnology regulatory system is both credible and predictable.

• Be responsible for notifying the public of all applications for field and clinical trials and the commercial release of GMOs and of all regulatory decisions that are made.

• Develop public outreach programs to inform the public about the mandate and programs of theNBRA.

• Coordinate stakeholder consultations, opportunities for public participation in the regulatory system, and will be the primary point of contact for public, media or other enquiries to the NBRA.

Conclusion:-

Genetically-modified foods have the potential to solve many of the world's hunger and malnutrition problems, and to help protect and preserve the environment by increasing yield and reducing reliance upon chemical pesticides and herbicides. Yet there are many challenges ahead for governments, especially in the areas of safety testing, regulation, international policy and food labeling. Many people feel that genetic engineering is the inevitable wave of the future and that we cannot afford to ignore a technology that has such enormous potential benefits. However, we must proceed with caution to avoid causing unintended harm to human health and the environment as a result of our enthusiasm for this powerful technology.

http://www.legalindia.in/india%E2%80%99s-biotechnology-regulatory-system

Basics about IPS training

National Police Academy (NPA) is located in Hyderabad, the captial of the Andhra pradesh in India and spread over 275 acres of land.

  * 20 Kms from Air Port
  * 14 Kms from Nampally Railway Station
  * 10 Kms from Central Bus Station.

The National Police Academy (NPA), trains officers of the Indian Police Service, who have been selected through an All India based Civil Services Examination. The trained officers will be posted as Assistant Superintendent of Police (ASP) in their respective states under whom the other sub-ranks of police force will be working. The recruitment of sub-ranks such as Constables,Sub-Inspectors, Deputy Superintendents of Police is each states prerogative, and will be done by respective state Director Generals of Police. The IPS cadre is controlled by the Home Ministry of the Government of India and the officer of this service can only be appointed removed by an order of the President of India.

Apart from the Basic Training Course for IPS officers the Academy also conducts 3 In-service Management Development Programmes for officers of SP., DIG. and IG levels of the Indian Police Service; Training of Trainers' Courses for the trainers of various police training institutions in the country; IPS Induction Training Course for State Police Service Officers; and short specialised thematic Courses, Seminars and Workshops on professional subjects for all levels of police officers. Foreign police officers and other officers belonging to Army/IAS/IFS/Judiciary, Public Sector Undertakings, Nationalised Banks, Insurance Companies etc. also attend various specialised courses conducted here from time to time. The Academy is affiliated to Osmania University for conducting courses on police subjects for IPS officers.


Training Videos:

Making of An IPS Officer

Basic Course Training at NPA

“Arrest” and its scope in contemporary Indian criminal justice system

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The emerging trends in the criminal justice system emphasize the need to speedy trail. Since our Constitution envisaged the spirit of fundamental rights to its citizens the Right of life and personal liberty

 Article 21 of the Indian constitution read as "No person shall be deprived of his life or personal except according to procedure established by law". However in spite of the constitutional and statutory provisions are aimed at safe guarding the personal liberty and life of a citizen, growing incidents of torture and deaths in police custody has been a disturbing factor. Experience shows that worst violations of human rights take place during the course of investigation….custodial death in perhaps one of the worst crime in a civilized society governed by the rule of law"{1}

 Speedy trial thus an integral and essential part of the fundamental right to life and personal liberty enshrined in Article 21 of the Constitution. {2}In Kadra Pahadiya Vs. state of Bihar {3} it was held that several trials were languishing in jail for several years without their trial having made any progress. The Supreme court commented "it is a crying shame upon our adjudicatory system which keeps men in jail for years an end without a trial. 

In this context it is obvious to know about arrest and its scope in the code of criminal procedure.

 "Arrest" means the apprehension of a person suspected of criminal activities" {4}

 When a person is found to be committed an offence under I.P.C or ant other law for the time being in force, be arrested by the police officer and a Magistrate as according to the following provisos

 ARREST UNDER THE CRIMINAL PROCEDURE CODE:

 

ARREST UNDER THE CRIMINAL PROCEDURE CODE

ARREST BY THE MAGISTRATE(SECTIONS 44, 87, 89,204,319 AND 187) OF)CR.P.C.

ARREST BY POLICE OFFICER(SECTIONS 41, 42 AND 151)

ARREST BY THE PRIVATE PERSON (SECTION 43)

    According to the provisions of the Criminal Procedure Code a person who is found to be committed an offence may be arrested as mentioned infra:

  BY A MAGISTRATE:    A Magistrate may arrest under the following circumstances,

 Section. 44: when an offence is committed in the presence of a magistrate whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender….."

Section. 87:  A Magistrate is empowered by this code to issue a warrant of arrest for appearance of any person after recording the reasons in writing.

Section. 89: A Magistrate is empowered to issue a warrant of arrest against who is bound by any bond taken under this code for his appearance.

  It s to be noted that under sections 87 and 89 the warrant issued by the Magistrate not only against the accused but also any person who disobey the order by the court.

Section. 204: The Magistrate taking cognizance of an offence thinks fit that there is sufficient ground for proceedings and the case appears to be a warrant case, he may issue a warrant against the accused. However it is to be noted that the discretion of Magistrate is essential in issuing warrant.

Section. 319: As per section 319(2) the Magistrate is empowered to issue arrest warrant against a person appearing to be guilty of offence as the circumstances of the case may require him to do so.

 BY POLICE OFFICER: The power of  police officer to arrest is of two fold, former entitles him to arrest without acting under discretion and the latter puts him into the discretion in arresting the offender a per the amended proviso in the CR.P.C.

Without warrant : (without using discretionary power)

 Section 41 (1) (a) : The police officer may arrest any person who commits in his presence a cognizable offence

Section 41(1) (ba) : The police officer may arrest any person who commits any cognizable offence punishable with an imprisonment of a period more than 7 years.{5}

Section 41(1)(c to i) :  The police officer may arrest without warrant under the circumstances mention in sub clauses c to i.

Section 42 : The police officer may arrest a person who commit in his presence a non cognizable offence and refuses to give his name and address.

Section 151 :A police officer knowing of a design to commit any cognizable offence may arrest without the orders/ warrant from a Magistrate as a preventive action to maintain law and order .

 Without warrant (with discretionary power)

 Section 41 (1) (b):  The police officer may arrest any person under this section like wise as in the old code section 41 (a) but after fulfilling the grounds mentioned in Clauses (i) and (ii)  for arrest and recording in writing about the necessity  of arrest in his case diary. As per section 41 (1) (b) (i) for arresting a person it is very essential for police officer to satisfies about well establishment of guilt and under as per section 41(b) (ii) before arresting a person under this section the police officer has to well firmed about necessity of arrest as mentioned in the circumstances stated under sub clause (a) to (e) to clause (ii).

           The new sections brought drastic changes in arrest by the police officer by vesting the discretionary power.

 With warrant by police officer :

 Section 41 (2) : The police officer is not entitled to arrest a person who commits a non cognizable offence or against whom a complaint has been made   except with the warrant of the Magistrate.  

    On perusing the above amendments it appears that the recognition of need of arrest in certain cases. The Code of Criminal Procedure (Amendment) Act, 2008 which came in to force on 1^st November 2010 vide Notification: S.O.2687 (E) OF MINISTRY OF HOME AFFAIRS DATED 30^TH OCT 2010.This amendment brought as a result of recommendations made in the 177^th Law Commission Report headed by j. B.R. Jeevan reddy.

       The theme of the report is to maintain a balance between the liberty of citizens (the most precious of all fundamental rights) and the societal interest a difficult balance but it has to be attempted and achieved to the extent possible. The report taken in to the consideration of the judgments in the cases mainly D.K.Basu (1997) and Joginder kumar (1994) and concentrates on the specific theme "the police officer must be able to justify the arrest apart from his power to do so "                           

In Amarabati Vs. State of U.P. [2005 CR.L.J 755 ] it was held that arrest and detention in the police custody can cause ill-calculable harm to the reputation and self –esteemed of a person and, that, is why no arrest can be made in routine manner on minor allegation of commission of a crime

 In M.C.Abraham Vs. State of M.H. (2003 SCC 628 Cri.) The lordships held that Section 41 gives a discretion to the police officer from a magistrate and even without a warrant may arrest any person in the situation enumerated in that section'

 CONCLUSION: It is there fore the concept of arrest has an important role in the criminal justice system and it is inevitable the new changes in the concept of arrest in view of contemporaneous societal changes which recognizes the fundamental rights of citizens.

http://www.legalindia.in/%E2%80%9Carrest%E2%80%9D-and-its-scope-in-contemporary-indian-criminal-justice-system

Last Date for Submission Extended to 20-07-2011

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Please click here to download application form.                                                            

Tips for Interview

Preparation for the Interview is a continuous process. This involves a wide reading of books, journals, magazines and at least two newspapers. One should try to improve his/her conversational skills with the right pronunciation. The candidate should be prepared to answer questions on his background, hobbies and extra curricular activities. It is a good idea to discuss current affairs and recent issues with friends. One good way of rehearsing possible questions would be to have mock interviews and discussion groups. The candidate should make a self analysis of his strengths and weaknesses and make a conscious effort to play on his strengths.

Some useful tips for a successful interview at UPSC are:

1. To have a positive body language
2. To have a good personal turnout and ensuring the right posture
3. To answer questions clearly and confidently
4. Try to remain calm and composed even when faced with provocative questions
5. Try not getting into long winded explanations and answer to the point.

Things To Be Avoided at the UPSC Interview

• Avoid the expression, 'I am sorry.'
• Avoid conversational cliches, like: 'as you know', 'that's correct', 'of course', 'indeed', 'obviously', etc.
• Avoid technical jargon. However, if a member continues to probe you in any technical field, you can use technical expressions.
• Maintain a cheerful disposition. Now and then you can appear serious; but most of the time keep smiling or look cheerful and composed. One caution here: if the board laughs, you should only smile. It is only when you maintain some amount of distance that the board begins to wonder about the depth of your personality.
• Do not give long introductions. Come straight to the heart of the matter.
• Show human concern whenever possible in your answers.
• You should be logically consistent and analyse things rationally while talking. You are supposed to defend what you say, but with due respect to the views of the board. Stop trying to defend an answer if it becomes difficult to do so logically and fairly.
• Do not make hasty or sweeping generalisations.

Types of questions asked at the UPSC interview.

• Relating to your name. Any famous personality who has a similar or same name or surname.
• Your career choice. Why you want to opt for the civilservices.
• Your Hobbies. Why you pursue such a hobby or questions related to your hobby. So reasearch well on your hobby.
• Hot topics of recent days like the Bird Flu and Tamiflu, Office of Profit, Sahara airlines deal and the growing airlines,Terror attacks in India, India US Nuclear deal, Commonwealth games, Saurav Ganguly etc. Keep reading and watching the news. If the recent headlines have something to do with your subject then specially revise those portions. For example if you are a veterinary doctor, Bird flu may go on to other animal diseases that can infect men. If you are an MBBS, then you might be asked about human to human spread of epidemics or any other epidemics and precautions etc. You may even be asked about the influence of MNC or drug manufacturers responsible for the spread of fear etc. If you are from an economy background, the same topic will veer towards the economic implications of the Bird flu.
• How you are going to use your specific knowledge(like if you are a doctor, lawyer, engineer etc) in the services.
• Situational questions. Like If you were the collector/SP of Varanasi, what would you do after the Bomb Blast?
• Choice of services. The order of your choice of services can raise questions too.
• About your institution and related.If you have studies at IIM you may be asked about the rising salaries, if from IGNOU then even about Indira Gandhi and so on.
• From your form. You must go through the form you have filled because most questions will arise from there. If you have changed subjects, mentioned anything out of the way, watch out for questions on them. Interviewers take cue from the form you have filled.

Some actual questions asked of UPSC candidates.

• Don't you think you can serve your country better by remaining a doctor and treating poor patients? Why do you want to be a civil servant?"
  It would be best to answer this question very practically rather than emotionally saying you want to serve the country, because even a doctor serves the people. A doctor from Kerala was asked this Question and her reply was - "Because I want to treat the primary malady that afflicts our country, that creates so many poor in India. As a doctor I can treat only secondary maladies." She even came up with exact statistics and suggestions on a rubber plantation for poverty alleviation indicating that she had spent considerable time and thoughts on her future plans. She was awarded a score of 85 per cent.
• "What are the problems faced by wheat cultivators in your state?" an M.Sc. (Agriculture) student from Palanpur was once asked. "The problem is not so much to do with agronomy but with the lack of a seed bank in Palanpur," came the reply and the candidate walked away with an 80 per cent score.
• "Is there a law in physics, which is relevant to administration?" a law graduate was prompted. "Yes. Newton's third law of motion: for every action there is an equal and opposite reaction." He scored a cool 80 per cent.

The above questions can give you an idea of how relevant questions are asked from your subjects even as they are not directly from the syllabus.

source: http://www.civilserviceindia.com/subject/interview.html

What is the differences between EPF, GPF and PPF?

What is the differences between EPF, GPF and PPF? EPF- Employees Provident Fund GPF - General Pension Fund PPF - Public Provident Fund GPF - General Provident Fund which is for the Government Employees PPF - Individuals can save to a maximum of Rs.60000/- in a year in the account. Account can be maintained in a Post Office. EPF - Employees Provident Fund for Private sector where 12% of Employees share and 12 % of Employer's share of Basic Salary + DA is deducted and remitted to PF Authorities PF vs PPF: What's the difference ? 1. What is PPF and PF? EPF/ PF (Employees Provident Fund / Provident Fund) The Employee Provident Fund, or provident fund as it is normally referred to, is a retirement benefit scheme that is available to salaried employees. Under this scheme, a stipulated amount (currently 12%) is deducted from the employee's salary and contributed towards the fund. This amount is decided by the government. The employer also contributes an equal amount to the fund. However, an employee can contribute more than the stipulated amount if the scheme allows for it. So, let's say the employee decides 15% must be deducted towards the EPF. In this case, the employer is not obligated to pay any contribution over and above the amount as stipulated, which is 12%. PPF (Public Provident Fund) The Public Provident Fund has been established by the central government. You can voluntarily decide to open one. You need not be a salaried individual, you could be a consultant, a freelancer or even working on a contract basis. You can also open this account if you are not earning. Any individual can open a PPF account in any nationalised bank or its branches that handle PPF accounts. You can also open it at the head post office or certain select post offices. The minimum amount to be deposited in this account is Rs 500 per year. The maximum amount you can deposit every year is Rs 70,000. 2. What is the return on this investment? EPF: 8.5% per annum PPF: 8% per annum 3. How long is the money blocked? EPF The amount accumulated in the PF is paid at the time of retirement or resignation. Or, it can be transferred from one company to the other if one changes jobs. In case of the death of the employee, the accumulated balance is paid to the legal heir. PPF The accumulated sum is repayable after 15 years. The entire balance can be withdrawn on maturity, that is, after 15 years of the close of the financial year in which you opened the account. It can be extended for a period of five years after that. During these five years, you earn the rate of interest and can also make fresh deposits. Save tax and get rich 4. What is the tax impact? EPF The amount you invest is eligible for deduction under the Rs 1,00,000 limit of Section 80C. If you have worked continuously for a period of five years, the withdrawal of PF is not taxed. If you have not worked for at least five years, but the PF has been transferred to the new employer, then too it is not taxed. The tenure of employment with the new employer is included in computing the total of five years. If you withdraw it before completion of five years, it is taxed. But if your employment is terminated due to ill-health, the PF withdrawal is not taxed. PPF The amount you invest is eligible for deduction under the Rs 1,00,000 limit of Section 80C. On maturity, you pay absolutely no tax. 5. What if you need the money? EPF If you urgently need the money, you can take a loan on your PF. You can also make a premature withdrawal on the condition that you are withdrawing the money for your daughter's wedding (not son or not even yours) or you are buying a home. To find out the details, you will have to talk to your employer and then get in touch with the EPF office (your employer will help you out with this). PPF You can take a loan on the PPF from the third year of opening your account to the sixth year. So, if the account is opened during the financial year 1997-98, the first loan can be taken during financial year 1999-2000 (the financial year is from April 1 to March 31). The loan amount will be up to a maximum of 25% of the balance in your account at the end of the first financial year. In this case, it will be March 31, 1998. You can make withdrawals during any one year from the sixth year. You are allowed to withdraw  50% of the balance at the end of the fourth year, preceding the year in which the amount is withdrawn or the end of the preceding year whichever is lower. For example, if the account was opened in 1993-94 and the first withdrawal was made during 1999-2000, the amount you can withdraw is limited to 50% of the balance as on March 31, 1996, or March 31, 1999, whichever is lower. If the account extended beyond 15 years, partial withdrawal -- up to 60% of the balance you have at the end of the 15 year period -- is allowed.

SENIORITY OF DIRECT RECRUITS AND PROMOTEES

Dopt orders

SENIORITY OF DIRECT RECRUITS AND PROMOTEES

(MHA O.M.No.9/11/55-RPS dated 22.12.59)

 
2.1           The relative seniority of all direct recruits is determined by the order of merit in which they are selected for such appointment on the recommendations of the U.P.S.C or other selecting authority, persons appointed as a result of an earlier selection being senior to those appointed as a result of a subsequent selection.  

2.2           Where promotions are made on the  basis of selection by a D.P.C., the seniority of such promotees shall be in the order in which they are recommended for such promotion by the Committee.  Where  promotions are made on the basis of seniority, subject to the rejection of the unfit, the seniority of persons considered fit for promotion at the same time shall be  the same as the relative seniority in the lower grade from which they are promoted.  Where, however, a person is considered as unfit for promotion and is superseded by a junior such persons shall not, if he is subsequently found suitable and promoted, take seniority in the higher grade over the junior persons who had superseded him.

2.3            Where persons recruited or promoted initially on a temporary basis are confirmed subsequently in an order different from the order of merit indicated at the time of their appointment, seniority shall follow the order of confirmation and not the original order of merit.

2.4.1        The relative seniority of direct recruits and of promotee shall be determined according to the rotation of vacancies between direct recruits and promotees which shall be based on the quota of vacancies  reserved for direct recruitment and promotion respectively in the Recruitment Rules.

2.4.2         If adequate number of direct recruits do not become available in any particular year, rotation of quotas for the purpose of determining seniority would take place only to the extent of the available direct recruits and the promotees.  [DPT OM No.35014/2/80-Estt.(D) dt.7.2.86].

In other words, to the extent direct recruits are not available the promotees will be bunched together at the bottom of the seniority list below the last position upto which it is possible to determine seniority, on the basis of rotation of quotas with reference to the actual number of direct recruits who become available.  The unfilled direct recruitment quota vacancies would, however, be carried forward and added to the corresponding direct recruitment vacancies of the next year (and to subsequent years where necessary) for taking action for direct recruitment for the total number according to the usual practice.  Thereafter in that year while seniority will be determined between direct recruits and promotees, to the extent of the number of vacancies for direct recruits and promotees as determined according to the quota for that year, the additional, direct recruits selected against the carried forward vacancies of the previous year would be placed en-bloc  below the last promotee (or direct recruit as the case may be), in the seniority list based on the rotation of vacancies for that year.  The same principle holds good for determining seniority in the event of carry forward, if any, of direct recruitment or promotion quota vacancies (as the case may be) in the subsequent year.

ILLUSTRATION: 

Where the Recruitment Rules provide 50% of the vacancies of a grade to be filled by promotion and the remaining 50% by direct recruitment, and a assuming there are ten vacancies in the grade arising in each of the year 1986 and 1987 and that two vacancies intended for direct recruitment remain unfilled during 1986 and they could be filled during 1987, the seniority position of the promotees and direct recruits of these two years will be as under:

	1986		1987
1.	P1	9.	P1
2.	D1	10.	D1
3.	P2	11.	P2
4.	D2	12.	D2
5.	P3	13.	P3
6.	D3	14.	D3
7.	P4	15.	P4
8.	P5	16.	D4
		17.	P5
		18.	D5
		19.	D6
		20.	D7

2.4.3        In order to help the appointing authorities in determining the number of vacancies to be filled during a year under each of the methods of recruitment prescribed, a Vacancy Register giving a  running account of the vacancies arising and being filled from year to year may be maintained in the proforma enclosed.

2.4.4        With a view to curbing any tendency of under-reporting/suppressing the vacancies to be notified to the concerned authorities for direct recruitment, it is clarified that promotees will be treated as regular only to the extent to which direct recruitment vacancies are reported to the recruiting authorities on the basis of the quotas prescribed in the relevant recruitment rules.  Excess promotees, if any, exceeding the share failing to the promotion quota based on the corresponding figure, notified for direct recruitment would be treated only as ad-hoc promotees.

Source Document : http://www.persmin.nic.in/DOPT/Seniority_Instructions_Guidelines/Seniority_Instructions_Guidelines_Page_44_48.pdf

Source: www.persmin.nic.in

UPSC aspirants can now choose Indian languages for interview

 The Union Public Service Commission (UPSC) has informed the Bombay high court that candidates, who opt for an Indian language medium (other than Hindi) for the written Civil Services exam, can henceforth either choose the same Indian language, English or Hindi for the interview.

Similarly, even those candidates, who give the main exam in English, can now choose English, Hindi or any other Indian language for the interview, opted by them for the compulsory Indian language paper in the written part of the test, UPSC said, in an affidavit, recently.

The affidavit was submitted in response to a PIL filed by IAS aspirant Chittaranjan Kumar, challenging the existing rule that requires a candidate to give the interview in English, if he had appeared for the main examination in that language.

The candidates, who are, as per the present policy, exempted from the compulsory Indian language paper, will have to appear for the interview in English or Hindi only, the affidavit said, adding that these were the recommendations submitted by an expert committee, formed specially to look into the issue.

The recommendations had been accepted by the UPSC and forwarded to the Government with a request to send comments or observations. After hearing from the government, the UPSC would incorporate the necessary changes and implement them, the court was told.

Accordingly, Chief Justice Mohit Shah and Justice GS Godbole disposed of the petition.

Seminar on Civil Service at Ramakrishna matt.

Dear all...

Today we have attended a seminar on civil services in Ramakrishna matt.,Hyd, organised by Akella Raghavendra&others..Our ITCSA members Narandranath IFoS,Sivashankar IAS,krishna Reddy (HSC-Director)and Sadhu Narasimha Reddy IRS etc. participated and interacted with about 1000 aspirants...In this regard we came to know a service offered by Banda Ravipal Reddy Director,Rai's IAS academy, where various free alerts are offered through SMS..to get

Job alerts need to send ON APCOMPETE
current affairs  ON RAVI2DAY
mental ability  ON EASYMATHS

to phone no. 9870807070 .....you can also visit his website www.apcompete.com for more info.

Organ donation: An essential guide

National Transplant Week, which runs until 10 July, is a good time to YES to the Organ Donation. Thousands of people are waiting for an organ to save their lives, and three people die every day while they wait. One donor can save up to nine lives and many more can be saved through tissue donation.

Find out all you need to know about organ donation

Who can donate an organ?

Any person of any age, race or gender can donate an organ. Having a medical condition does not necessarily prevent a person from becoming an organ or tissue donor. The decision about whether some or all organs or tissue are suitable for transplant is made by a healthcare professional, taking into account your medical history. There are only two conditions where organ donation is ruled out completely. A person cannot become an organ or tissue donor if they have been diagnosed with HIV or if they have, or are suspected of having, vCJD.

Which organs can be transplanted?

Kidneys, heart, liver, lungs, pancreas and the small intestine can all be transplanted. Techniques are improving all the time and it may soon be possible to transplant other parts of the body.

What is tissue donation?

Tissue donation is the gift of tissue such as corneas, skin, bone, tendons, cartilage and heart valves. Most people can donate tissue. Unlike organs, it may be possible to donate tissue up to 48 hours after a person has died

How to get Registered to get  Organs :

 First of all, you need to register your patients' name in the waiting list of a hospital which deals with transplantation waiting list. Then as and when an organ is available, based on priority, matching blood group and other medical criteria, you will be contacted by the hospital. MOHAN Foundation is basically for awareness on Organ Donation and facilitating organ donation from brain dead patients. They have no say on who will get the organs, it is decided by the state allocation committee.

I want to donate my body for research after my demise. What is the procedure?

You can approach the Anatomy department of any Government Hospital and fill up a form, along with consent of your family members OR come to MOHAN Foundation and we will give you a copy of the form. Once you fill up the form, please submit it to the hospital authorities. Most importantly, you family members should be aware of your decision to donate your body after your demise, and be willing to do so.

I am carrying a donor card with me, however, my family is worried that in case I meet with an accident, the hospital authorities will be more concerned with taking the organs from me after declaring me brain dead rather than concentrating on treating me. Is this true?

This is not true. The doctors who have the authority to declare a patient as brain dead, are different from the doctors who perform the transplantation; there is no vested interest. In fact as a patient, you are their top most priority. Rich or poor, the same criteria and same rules for everybody.

 

MOHAN Foundation is a not-for-profit, non-governmental organization started to promote organ donation in 1997 in Chennai by philanthropists and medical professionals led by Dr. Sunil Shroff. It is a registered NGO with Income Tax exemption under Section 80G and 35AC and has offices both in Chennai and Hyderabad. MOHAN Foundation was started by a group of like-minded and concerned medical and non-medical professionals committed to increasing the reach of the Transplantation of Human Organs Act. The Government of India passed this act in 1994 to broaden the concept of organ donation and stop commercial dealings in organs, especially kidneys. It is now possible to not only donate one's eyes, but also other vital organs like the heart, lungs, liver, pancreas and kidneys. 

MOHAN Foundation comprises four core groups that carry out the different activities of the foundation. These groups are: 

1. Public Education for Organ Donation
2. Indian Transplant Newsletter (ITN)
3. Patient Support group (PSG)
4. Indian Network for Organ Sharing (INOS)

Over 250,000 Donor Cards have been distributed so far in English, Tamil, Telugu, Marathi and Hindi. Eminent dignitaries like Mrs. Nita Ambani, Reliance Industries Limited, actor / social activist Revathy, Judge Krishna Reddy and cricketer Kris Srikkanth have all been presented with Donor Cards. The Foundation also has literature on prevention of different diseases and organ transplantation.

Organ donation is all about giving life – life that only YOU can choose to give to help the thousands of patients waiting for an organ or tissue transplant.

 

http://www.mohanfoundation.org/download_donorcard.asp

Holidays to be observed in Central Government Offices during the year 2012.

F.No.12/3/2011-JCA-2
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi
Dated the 27th June, 2011

Subject:- Holidays to be observed in Central Government Offices during the year 2012.

   It has been decided that the holidays as specified in the Annexure -I to this O.M. will be observed in all the Administrative Offices of the Central Government located at Dethi/New Delhi during the year 2012. In addition, each employee will also be allowed to avail himself/herself of any two holidays to be chosen by him/her out of the list of Restricted Holidays in Annexure - II.

   2. Central Government Administrative Offices located outside Delhi / New Delhi shall observe the following holidays compulsorily in addition to three holidays as per para 3.1 below:

1. REPUBLIC DAY
2. INDEPENDENCE DAY
3. MAHATMA GANDHI'S BIRTHDAY
4. BUDHA PURNIMA
5. CHRISTMAS DAY
6. DUSSEHRA (VLJAY DASHMI)
7. DIWALI (DEEPAVALI)
S. GOOD FRIDAY
9. GURU NANAK'S BIRTHDAY
10. IDU'L FITR
11. IDU'LZUHA
12. MAHAVIR JAYANTI
13. MUHARRAM
14. PROPHET MOHAMMAD'S BIRTHDAY (ID-E-MILAD)

   3.1. In addition to the above 14 Compulsory holidays mentioned in para 2, three holidays shall be decided from the list indicated below by the Central Government Employees Welfare Coordination Committee in the State Capitals, if necessary, in consultation with Coordination Committees at other places in the State. The final list applicable uniformly to all Central Government offices within the concerned State shall be notified after seeking prior approval of this Ministry and no change can be carried out thereafter. It is also clarified that no change is permissible in regard to festivals and dates as indicated.

1. AN ADDITIONAL DAY FOR DUSSEHRA
2. HOLI
3. JANAMASHTAMI (VAISHNAVI)
4. RAM NAVAMI
5. MAHA SHIVRATRI
6. GANESH CHATURTHI / VINAYAK CHATURTHI
7. MAKAR SANKARANTI
B. RATH YATRA
9. ONAM
10. PONGAL
11. SRI PANCHAMI / BASANTA PANCHAMI
12. VISHU/ VAISAKHI / VAISAKHADI / BHAG BIHU / MASHADI UGADI / CHAITRA SAKLADI / CHETI CHAND / GUDI PADA 1st NAVRATRA / NAURAJ/CHRATH POOJA/KARVA CHAUTH.

   3.2 No substitute holiday should be allowed if any of the festival holidays initiaily declared subsequently happens to fall on a weekly off or any other non- working day or in the event of mere than one festivals falling on the same day.

   4. The list of Restricted Holidays appended to this O.M. is meant for Central Government Offices located in Delhi / New Delhi. The Coordination Committees at the State Capitals may draw up separate list of Restricted Holidays keeping in view the occasions of local importance but the 9 occasions left over, after choosing the 3 variable holidays in para 3.1 above, are to be included in the list of restricted holidays.

   5.1 For offices in Delhi / New Delhi, any change in the date of holidays in respect of Idu'l Fitr, Idu'l Zuha, Muharram and Id-e-Milad, if necessary, depending upon sighting of the Moon, would be declared by the Ministry of Personnel, Public Grievances and Pensions after ascertaining the position from the Govt. of NCT of Delhi.

   5.2 For offices outside Delhi / New Delhi, the Central Government Employees Welfare Coordination Committees at the State Capitals are authorised to change the date of holiday, if necessary, based on the decision of the concerned State Governments / Union Territories, in respect of Idul Fitr, Idu'l Zuha, Muharram and Id-e-Milad.

   5.3 It may happen that the change of date of the above occasions has to be declared at a very short notice. In such a situation, announcement could be made through T.V. / A.I.R. / Newspapers and the Heads of Department / Offices of the Central Government may take action according to such an announcement without waiting for a formal order, about the change of date.

   6. During 2012, Diwali (Deepavali) falls on Tuesday, November 13, 2012 (Kartika 22). In certain States, the practice is to celebrate the occasion a day in advance, i.e., on Narakachaturdasi Day". In view of this, there is no objection if holiday on account of Deepavali is observed on "Naraka Chaturdasi Day (in place of Deepavali Day) for the Central Government Offices in a State if in that State that day alone is declared as a compulsory holiday for Diwali for the offices of the State Government.

   7. Central Government Organisations which include industrial, commercial and trading establishments would observe upto 16 holidays in a year including three national holidays viz. Republic Day, Independence Day and Mahatma Gandhi's birthday, as compulsory holidays. The remaining holidays / occasions may be determined by such establishments / organisations themselves for the year 2012, subject to para 3.2 above.

   8. Union Territory Administrations shall decide the list of holidays in terms of Ministry of Home Affairs letter No.14046/27/83- GP-I dated 15.2.1984 by which they would observe a total of 16 holidays including the three National Holidays Viz. Republic Day, Independence Day & Mahatma Gandhi's birthday.

   9. In respect of Indian Missions abroad, the number of holidays may be notified in accordance with the instructions contained in this Department's O.M. No.12/5/2002-JCA dated 17th December, 2002. In other words; they will have the option to select 10(Ten) holidays of their own only after including in the list, three National Holidays and Milad-un-Nabi or Id-E-Milad, Buddha Purnima, Idu'l Zuha (Bakrid) and Muharram included in the list of compulsory holidays and falling on days of weekly off.

   10. In respect of Banks, the holidays shall be regulated in terms of the extant instructions issued by the Department of Financial Services, Ministry of Finance.

   11. Hindi version will follow.

( DINESH KAPILA)
Director (JCA)

Marks of civils topper with Electrical Engineering optional

My Dear Beloved Seniors & Friends,
 
Here are my marks
---------------------------------------------------------------------------
Roll No. : 451077
Name : SRINIVASA RAO BANDARU (Rank- 448)

Civil Services (Main) Examination 2010
Subject Maximum Marks MarksObtained
Essay(Paper III) 200 100
General Studies (Paper-IV) 300 118
General Studies(Paper-V) 300 076
Optional I, ELECTRICAL ENG. Paper-VI 300 223
Paper-VII 300 227
Optional II, GEOGRAPHY. Paper-VIII 300 130
Paper-IX 300 156
Written Total 2000 1030
Interview Marks 300 126
Final Total 2300 1156
Remarks : Recommended.
---------------------------------------------------------------------------------------
If anybody is havng queries, especially reg. Electrical Engg., I'm glad to help you out.
Presently i'm with BHEL-Hyd, my contact no. 949076048
 
Thanks & Regards,
B.Srinivasa Rao

Salaried Taxpayers with total Income up to Rs.5 lakh Exempted from filing Income Tax Return for Assessment Year 2011-12

The Central Board of Direct Taxes has notified the scheme exempting salaried taxpayers with total income up to Rs.5 lakh from filing income tax return for assessment year 2011-12, which will be due on July 31, 2011. 

Individuals having total income up to Rs.5,00,000 for FY 2010-11, after allowable deductions, consisting of salary from a single employer and interest income from deposits in a saving bank account up to Rs.10,000 are not required to file their income tax return. Such individuals must report their Permanent Account Number (PAN) and the entire income from bank interest to their employer, pay the entire tax by way of deduction of tax at source, and obtain a certificate of tax deduction in Form No.16. 

Persons receiving salary from more than one employer, having income from sources other than salary and interest income from a savings bank account, or having refund claims shall not be covered under the scheme. 

The scheme shall also not be applicable in cases wherein notices are issued for filing the income tax return under section 142(1) or section 148 or section 153A or section 153C of the Income Tax Act 1961. 

Shri Ramdev's letter to Prime Minister - Response of Government of India

Recovery of Black Money

There is a legal framework regulated by the Reserve Bank of India for the opening of bank accounts overseas by Indian residents and for outward or inward remission of funds through authorized channels.

 

The existing legal framework for dealing with illicitly generated funds transferred overseas and measures for the attachment and repatriation of such illegal assets to India and provision for penalties for offenders are:

 

A. Under the Prevention of Money Laundering Act, 2002 (PMLA), money laundered out of predicate scheduled offences  can beattached and seized and individuals and other legal entities found to have indulged in money laundering can be prosecuted. PMLA provides for imprisonment of minimum of 3 years (which can be extended up to 7 years) and a fine of up to Rs.5 lakh and the tainted proceeds parked overseas can be recovered through Mutual Legal Assistance Treaties. India has such treaties with 26 countries.

 

B. Under the Foreign Exchange Management Act, 1999 (FEMA), cases relating to contravention in foreign exchange transactions by Indian residents can be adjudicated with penalty up to a maximum of 3 times the amount involved.  Further, FEMA empowers the confiscation of the amounts lying abroad and directing their repatriation.

 

C. Under both statutes (FEMA and PMLA), investigation is taken up against specific persons, both natural and legal, and on the basis of specific information. 

 

D. Section 105A of the Cr. PC provides for reciprocal arrangement and procedure for attachment and forfeiture of properties generated from the commission of an offence.  Where such properties are situated overseas and treaty arrangements exist between Government of India and the other country, Letter Rogatories can be issued to a court / authority of  the other country for execution of such an order. 

 

E. Under the Income Tax Act also, income earned and not disclosed is taxable and also subject to penalty and interest, as well as prosecution. The amount recovered may even exceed the entire undisclosed income. This is in effect confiscation of such income / property.

 

Actions at hand

I. India has negotiated / renegotiated Double Tax Avoidance Agreements and finalized Tax Information Exchange Agreements with 44 countries so as to strengthen the exchange of information relating to tax evasion, money laundering and other criminal / illicit activities.

II. Agencies enforcing these laws have been strengthened and action is being taken in all cases where credible information is available. In the last two years, over Rs 33,000 crore of mispricing has been detected in international trade and over Rs 30,000 crore of tax evasion detected domestically.

III. Government has commissioned a study, to be completed within 18 months, by three national-level institutes to assess the extent of black money inside and outside the country and its impact on national security. The study will also indicate the sectors and mode of generation of black money and recommend measures for its prevention and control.

IV. The Direct Taxes Code Bill, as  introduced in Parliament, contains provisions for mandatory declaration of assets held abroad by taxpayers in India. It also contains provisions such as General Anti Avoidance and Thin Capitalization Rules to combat illicit transfer of money and assets abroad through complex financial arrangements and instruments.

V. A Directorate of Criminal Investigation has been created in the Central Board of Direct Taxes as a dedicated unit to track financial transactions relating to illegal / criminal activities and bring such activities to justice.

VI. A High Level Committee has been constituted under the Revenue Secretary for effective sharing of information among Law Enforcement Agencies for coordinated investigation / prosecution of economic offences.3

 

Mauritius Treaty

1. A Joint Working Group (JWG) was constituted in 2006 for the purpose of renegotiating the Direct Taxation Avoidance Convention with Mauritius and its last meeting was held in 2008. Thereafter, India has successfully used the mechanism of the Peer Review Group (PRG) of the Global Forum for Transparency and Exchange of Information for Tax Purposes  – of which India is Vice Chair – to leverage arguments with the Mauritian side to be more open in furnishing tax related information to India.

2. Recently, during the visit of President of Mauritius in end-April, an indication was received that Mauritius would resume the Joint Working Group dialogue on the DTAC. Further, Foreign Minister of Mauritius has conveyed that his government will give a fresh mandate for the resumed negotiations to their experts. This position has been further confirmed by the Prime Minister of Mauritius to the Indian Minister of State for External Affairs on 16^th May 2011 during her visit to Mauritius.

3. Hon'ble Supreme Court in the case of Azadi Bachao Andolan Vs Union of India (2003) endorsed the Mauritius route for investments into India for availing of the capital gains tax exemption. Hence, any change in the law relating to Mauritius can only have prospective application and can be in respect of future holdings/accounts/entities in Mauritius. 

 

Proposed Action

In order to strengthen existing laws relating to black money, the government has constituted a Committee to consult all stakeholders and submit its report within a period of six months. The Committee will examine the measures to strengthen the existing legal and administrative framework to deal with the menace of generation of black money through illegal means including, inter alia,

a) Declaring wealth generated illegally as national asset;

b) Enacting / amending laws to confiscate and recover such assets; and

c) Providing for exemplary punishment against its perpetrators.

 

Any further suggestions in this regard will be duly considered.

 

Collection of details regarding people who go frequently to 'tax havens'.

Government proposes to  expand its Immigration/Emigration databases and  build a database of Indians going frequently to foreign countries considered to be tax havens and returning to India.

 

Lok Pal Bill

A Joint Drafting Committee, consisting of Government and civil society representatives is already looking into the provisions of the Bill.  Government is committed to the widest possible consultation on the Lok Pal Bill before its introduction in Parliament and subsequently until the passage of the Bill.  As a first step, State Governments and political parties  are being consulted.  Further consultations with the public will follow.

 

Stronger punishment for the corrupt

This is also under consideration of the Joint Drafting Committee.  The maximum punishment for cases of corruption would be increased substantially.  It may be noted that money secured through corrupt modes can now be confiscated under the Prevention of Money Laundering Act and some cases have already been taken up under these provisions.  Besides, the Department of Personnel is also considering the inclusion of a chapter in the Prevention of Corruption Act to provide for confiscation of ill-gotten wealth.  Special Courts for dealing with corruption cases Government has already decided to set up 71 new special courts for trial of CBI cases.  The number of public prosecutors, inspectors, head constables and stenographers for additional special courts has been increased.  Government is open to the idea of more special courts to speed up trial of corruption cases.

 

Public Services Delivery Act

Various initiatives have already been taken by Government, including Citizens' Charters, Sevottam and the recently introduced performance management & evaluation system.  The Central Government is prepared to introduce a Public Services Delivery Bill in Parliament at the earliest and to prepare a Model Bill for adoption by State Governments.  The Central Government will encourage State Governments to adopt the Model Bill to improve the quality and timeliness of public service delivery. 

 

Technical Education in Indian Languages

The Commission for Scientific and Technical Terminology has been set up with a mandate of providing more regional language material in technical subjects.  The Commission's work will be strengthened and speeded up. The National Translation Mission under the Central Institute of Indian Languages, Mysore will also be strengthened.  It may be noted that the Civil Services Examination is now held in Hindi as well as in regional languages.  Similarly, Hindi is a medium for writing the IIT-JEE examination.  The All India Engineering Entrance Examination, in which more than 11 lakh students appear each year, also offers Hindi as a medium.  NCERT provides text books in Hindi and Urdu.  In Tamil Nadu, Tamil is a medium of instructional examination for degree courses for technical education.  Similarly, in the States of Rajasthan, Uttar Pradesh, Haryana, Bihar and Madhya Pradesh, the regional language is a medium of instruction and  for examination in diploma level courses in technical education.

 

In addition to all these initiatives, the Ministry of Human Resource Development has asked AICTE, which is charged with the duty of determining and maintaining standards of technical education in the country to constitute a Committee of Experts to draw up a concrete plan for measures to be taken to increase the use of Indian languages in technical education.  This Committee will submit its report in 3 months. 

 

Land Acquisition Act

The Act is in the process of amendment and any suggestions regarding its provisions can be considered for inclusion.  Government is committed to wide public consultation on the amendments to the Land Acquisition Act. 

 

Agriculture

Government has already initiated several projects for promotion of organic farming and the use of bio-pesticides and bio-fertilizers.  This includes the National Project on Organic Farming, National Horticulture Mission and the Rashtriya Krishi Vikas Yojana.  As a result, organic farming which only covered 42000 hectares in 2004-05, now covers 10.8 lakh hectares.  Nine States have drafted organic farming policies.  There has been substantial increase in production of compost, biofertilizers and development of vermiculture.  To sustain agricultural productivity in the long run and to address soil health issues, Government is giving special thrust to organic farming under the National Mission on Sustainable Agriculture and is promoting farming practices like green manuring, biological pest control and so on.  These measures will be further strengthened and outlays increased. 

 

Minimum support prices are even now based on cost calculations.  Elaborate studies are conducted by the Commission on Agricultural Costs & Prices each year before Government finalizes the minimum support prices.  These cost studies form the basis of the minimum support prices that are announced.  The labour put in by the farmers is also part of the costs.  Government will facilitate explanation of the methodology followed by the Commission at the technical level.