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Monday, December 27, 2010

PREVENTION OF MONEY LAUNDERING ACT

Offence of money-laundering.
 Whosoever directly or indirectly attempts to indulge or knowingly assists or
knowingly is a party or is actually involved in any process or activity connected
with the proceeds of crime and projecting it as untainted property shall be guilty
of offence of money-laundering.

FOREIGN EXCHANGE MANAGEMENT ACT...

(a) Deal in or transfer any foreign exchange or foreign security to any person
not being an authorised person;
(b) Make any payment to or for the credit of any person resident outside India
in any manner;
(c) Receive otherwise through an authorised person, any payment by order or
on behalf of any person resident outside India in any manner,.....

Thursday, December 23, 2010

checking of goods vehicle in check posts- scrutiny of documents - circular No. 30/2008-Kerala Government.

Intelligence wing – Checking of goods vehicle in transit -              
         Relevance for data collection for cross verification -
         Instructions issued –  download full circular from the above link.

Wednesday, December 22, 2010

Saturday, December 18, 2010

SEPARATE ROOM FOR WOMEN MEMBERS- CIRCULAR BY LOCAL SELF GOVERNMENT DEPARTMENT KERALA 2010.

Despite of reservation for 50 per cent in Local Body election, separate  rooms for women members.. download the circular from the above link.

New system of disbursement of salary- Kerala Government

Kerala Government have introduced the system of disbursement of salaries and entitlements of all Self Drawing Officers in the State through Treasury Savings Bank accounts with effect from 01/01/2011. The system envisages processing and transfer crediting of monthly salaries and other personal entitlements of all Self Drawing Officers to the Treasury Savings Bank accounts to be opened in the name of the officers concerned and its subsequent withdrawal by way of cheques according to their convenience.
TSB accounts will be opened for all Self Drawing Officers, by the Treasury Officers concerned, without formal application from the officer concerned, in relaxation of the provisions under Rule 10 and 11 of Appendix 3 of the KTC Volume II.
Six months time will be allowed to obtain formal application and declaration as contemplated in Rules. A letter of undertaking enabling adjustments/ recovery of excess amount to the TSB account, if any credited, will be obtained from each such account holder within a period of six months. Such account holders will be allowed six month’s time for filing nominations as per the Treasury Savings Bank Rules.
The minimum balance to be kept in such TSB accounts will stand reduced from  500 to   100 with the facility of issuing cheques

Download GO 

Friday, December 17, 2010

Can police harass people while vehicle checking?

You are not supposed to queue before the Police Officer sitting in Jeep to show the documents of Vehicle..while vehicle checking.
Checking must not be on curves and lonely areas.
To check the documents is not the intention of vehicle cheking.. it must be for preventing rash and negligent driving.

Right to Information Rules 2010- Central legislation

G.S.R…..- In exercise of the powers conferred by section  27 of the Right to Information Act, 2005 (22 of 2005) and in supersession of the Central Information Commission (Appeal Procedure)  Rules, 2005  and  the  
Right  to  Information(Regulation of Fee and Cost) Rules, 2005 except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely:-

1.       Short title and commencement. - (1) These rules may be called the Right to Information Rules, 2010.......

Thursday, December 9, 2010

Wednesday, December 8, 2010

COMPANY LAW BOARD REGULATIONS, 1991

COMPANY LAW BOARD REGULATIONS, 1991

            In exercise of the powers conferred by sub-section (6) of section 10 E of the Companies Act, 1956(1 of 1956), the Company Law Board thereby makes the following regulations namely:-

CHAPTER I

PRELIMINARY

1.         Short title, commencement and interpretation – (1) These regulations may be called the Company Law Board Regulations, 1991
1.                  They shall come into force on the date of their publication in the Official Gazette.
2.                  The General Clauses Act, 1897 (10 of 1897), applies to the interpretation of these regulations as it applies to the interpretations of a Central Act.

2.            Definitions – (1) In these regulations, unless the context otherwise requires –
(a)          “ Act” means the Companies Act, 1956 (1 of 1956);
(b)         “Annexure” means an Annexure to these regulations;

IYC youth congress election result Kerala- list of office bearers-mandalam-assembly-

Whether private companies have any right to terminate employees without notice?

I would like to know is a Private company have rights to terminate there employ with out any notice ??? and could you please tell me the procedures of a termination

Answer:  If the company comes under the definition of industry under section 2(j) of ID Act, no retrenchment of worken/employee can be done without adherence to the procedure laid down for retrenchment as per Kerala Industrial Dispute rules.

Appeal to whom against the order of a Muncipal Secretary?

An appeal is to be preferred against any order passed or action taken by the Chairperson or secretary under any provisions of the Kerala Municipality Act other than sections 390, 391, 395, 406 and 408. The appeal against any notice or order of the secretary to levy of tax may be preferred to the standing committee for finance in the case of town panchayath or municipal councl and to the standing committee for appeals on taxation in the case of Muncipal Corporation. If the appeal is against any order of secretary under KMBR, it is to be filed before the Tribunal.

Monday, December 6, 2010

Matters to be considered for granting anticipatory bail : Granting Anticipatory bail for a limited period and to surrender- against law -Judgment of supreme court of india. Dated 2-12-2010

122. The following factors and parameters can be taken into
consideration while dealing with the anticipatory bail:
i. The nature and gravity of the accusation and the
exact role of the accused must be properly
comprehended before arrest is made;
ii. The antecedents of the applicant including the fact
as to whether the accused has previously
undergone imprisonment on conviction by a Court
in respect of any cognizable offence;
iii. The possibility of the applicant to flee from justice;
iv. The possibility of the accused's likelihood to repeat
similar or the other offences.
v. Where the accusations have been made only with
the object of injuring or humiliating the applicant
by arresting him or her.
vi. Impact of grant of anticipatory bail particularly in
cases of large magnitude affecting a very large
number of people.
vii. The courts must evaluate the entire available
material against the accused very carefully. The
court must also clearly comprehend the exact role
of the accused in the case. The cases in which
accused is implicated with the help of sections 34
and 149 of the Indian Penal Code, the court should
consider with even greater care and caution
because over implication in the cases is a matter of
common knowledge and concern;
viii. While considering the prayer for grant of
anticipatory bail, a balance has to be struck
between two factors namely, no prejudice should be
caused to the free, fair and full investigation and
there should be prevention of harassment,
humiliation and unjustified detention of the
accused;
ix. The court to consider reasonable apprehension of
tampering of the witness or apprehension of threat
to the complainant;
x. Frivolity in prosecution should always be
considered and it is only the element of
genuineness that shall have to be considered in the
matter of grant of bail and in the event of there
being some doubt as to the genuineness of the
prosecution, in the normal course of events, the
accused is entitled to an order of bail.
123. The arrest should be the last option and it should be
restricted to those exceptional cases where arresting the accused
is imperative in the facts and circumstances of that case.
124. The court must carefully examine the entire available
record and particularly the allegations which have been directly
attributed to the accused and these allegations are corroborated
by other material and circumstances on record.
125. These are some of the factors which should be taken into
consideration while deciding the anticipatory bail applications.
These factors are by no means exhaustive but they are only
illustrative in nature because it is difficult to clearly visualize all
situations and circumstances in which a person may pray for
anticipatory bail. If a wise discretion is exercised by the
concerned judge, after consideration of entire material on record
then most of the grievances in favour of grant of or refusal of bail
will be taken care of. The legislature in its wisdom has entrusted
the power to exercise this jurisdiction only to the judges of the
superior courts. In consonance with the legislative intention we
should accept the fact that the discretion would be properly
exercised. In any event, the option of approaching the superior
court against the court of Sessions or the High Court is always
available.