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Saturday, April 20, 2013

What is E GOVERNANCE ... E Governance in India - E Governance in Kerala: brief


E GOVERNANCE
E Governance in India-
e-Governance
The National e-Governance Plan of Indian Government seeks to lay the foundation and provide the impetus for long-term growth of e-Governance within the country. This section provides information on creation of the right governance and institutional mechanisms, setting up the core infrastructure and policies and implementation of a number of Mission Mode Projects at the Center, State and integrated service levels.
Initiatives
e-Governance in India has steadily evolved from computerization of Government Departments to initiatives that encapsulate the finer points of Governance, such as citizen centricity, service orientation and transparency. The National e-Governance Plan (NeGP), takes a holistic view of e-Governance initiatives across the country, integrating them into a collective vision and a shared cause. In this section we are highlighting the initiatives of the Central and State governments to bring public services closer to the citizens.
Central Initiatives
In India, the main thrust for e-Governance was provided by the launching of NICNET in 1987 – the national satellite-based computer network. This was followed by the launch of the District Information System of the National Informatics Centre (DISNIC) programme to computerise all district offices in the country for which free hardware and software was offered to the State Governments. NICNET was extended via the State capitals to all district headquarters by 1990. In the ensuing years, with ongoing computerization, teleconnectivity and internet connectivity established a large number of e-Governance initiatives, both at the Union and State levels.
The Central initiatives include:

States Initiatives

Several State Governments have taken various innovative steps to promote e-Governance and have drawn up a roadmap for IT implementation and delivery of services to the citizens online. The applications that have been implemented are targeted towards providing Government to Citizen (G2C), Government to Business (G2B) and Government to Government (G2G) services with emphasis on use of local language.
Every State has the flexibility of identifying up to five additional State-specific Mission Mode Projects (relevant for economic development within the State). In cases where Central Assistance is required, such inclusions are considered on the advice of the concerned Line Ministries/ Departments. States have MMPs on Agriculture, Commercial Taxes, e−District, Employment Exchange, Land Records, Municipalities, Gram Panchayats, Police, Road Transport, Treasuries, etc.

Kerala State IT Mission
Kerala State Information Technology Mission (KSITM) is a Society registered under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act (Act 12 of 1955). It is an autonomous nodal IT implementation agency for Department of Information Technology, Government of Kerala which provides managerial support to various initiatives of the Department.
Kerala State Wide Area Network (KSWAN)
The Government of Kerala has initiated major e-Governance programmes in various Departments, with the efforts showing results in the past few years. However, the actual results of the e-governance activities will gain more visibility and citizen focus only if many of the stand-alone systems created are properly networked and integrated. The Departments will not only have more efficient/transparent delivery mechanisms, but will also have updated information at all levels for monitoring, and more importantly for planning.

An answer to this, Kerala State Wide Area Network (KSWAN) is being setup as a backbone of the State Information Infrastructure (SII), connecting Thiruvananthapuram, Kochi and Kozhikode, extending to 14 districts and 152 Blocks of the State. The network will also connect 1500 offices of Government Departments through Wireless and a larger number through Leased Lines and LAN. The infrastructure would support integration of a large number of G2G, G2C services in hand with the applications hosted in the State. The total estimated outlay for the project is Rs.78.7 Cr. Later it was revised as per contracted outlay to Rs.63 Crores, in which the DIT share is Rs.45.80 Cr and Rs.17.2 Cr as State Share.

An infrastructure like the State Wide Area Network supports integration of a large number of citizen services. For Departments like the Revenue, Registration, Rural Development, Civil Supplies, Police etc., KSWAN provides advantages like high degree of citizen interaction. In Departments like Taxes and Treasury, the revenue augmentation will be enormous. While the advantages of this kind of a mechanism is obvious for Government to Citizen transactions (referred to as G2C), Government to Business (G2B) and Government to Government (inter-department; referred to as G2G), serious issues pertaining to resources, technical standards and manageability will surface if individual departments were to implement their own networks.







Wednesday, April 17, 2013

The industrial unit near your residence is causing trouble to you.. Remedies

Obviously, the number of industries around us are increasing. Sometimes it may cause disturbance to you and your dear ones. What law can do? What are your legal rights?

The provisions under section 440 of Kerala Municipality Act, Section 233A of Kerala Panchayath Raj Act, Section 133 of Code of Criminal Procedure Code are the legal remedies available for preventing nuisance.
Petition can be lodged to concerned Sub Divisional Magistrate (RDO) against nuisance or imminent danger or annoyance. The RDO may pass any conditional order to abate the nuisance.
Petition can also file before the Secretary of the local body for abatement of nuisance. 
If there are issues of pollution under Environmental Protection Act, petitions can be lodged before the Pollution Control Boards to cancel the consent or not to renew the consent given to the industry.

Wednesday, April 3, 2013

POST MATRIC SCHOLARSHIP - ELIGIBILITY DETAILS


POST MATRIC SCHOLARSHIP ELIGIBILITY DETAILS - APPLY



Post Matric Scholarship Eligibility Details

Rate of ScholarshipAn amount equivalent to Admission and Course/Tuition Fee and Maintenance allowance, subjected to a maximum ceiling. See Instructions for details.
Eligibility Condition
POST MATRIC SCHOLARSHIP - ELIGIBILITY DETAILS
ii. 11th Class/Technical/ Vocational Course of ITI/ITC Centres affiliated to NCVT.
OR
iii. Course, other than those listed in under merit-cum-means scholarship scheme. The names of courses listed under Merit-cum-means scholarship are given in See Instructions for details.
b. Should belong to Minority Community (Muslim/ Christian/ Buddhists/ Sikh/ Zoroastrians or Parsis).
c. Should have secured not less than 50% marks or equivalent grade in the previous Board/ University Examination.
d. The Annual Family Income should not exceed Rs. 2 Lakhs.
e. Should not be availing any other Scholarship or Stipend.
Other Relevant Information
a. Candidate should have a Saving Bank account in State Bank of Travancore (SBT)/ State Bank of India (SBI) / Federal Bank/ South Indian Bank in her/his name. The candidate should be in possession of the Bank account Number and the Branch Code.
b. Scholarships will not be given to more than two students in a family.
c. The scholarships will be sanctioned in accordance with the criterion laid down by the Central Government.

DISTRICT SCHOLARSHIP FOR STUDENTS IN KERALA - ERNAKULAM

HOW TO ENROLL AADHAR IN KERALA - DIRECT LINK TO GOVERNMENT - CONTACT DETAILS


What is AADHAAR?
AADHAAR is a 12 digit individual identification number issued by the Unique Identification Authority of India on behalf of the Government of India.This number will serve as a proof of identity and address, anywhere in India.
Any individual, irrespective of age and gender, who is a resident in India and satisfies the verification process laid down by the UIDAI can enroll for Aadhaar. Each individual needs to enroll only once which is free of cost. Each Aadhaar number will be unique to an individual and will remain valid for life. Aadhaar number will help you provide access to services like banking, mobile phone connections and other Govt and Non-Government services in due course.

The below link will direct you the official site of Government of Kerala.


HOW TO ENROL AADHAR IN KERALA - DETAILS - GOVERNMENT LINK - CONTACT

Tuesday, April 2, 2013

mobile tower- local bodies not to issue stop memo unnecessarily; such practice depreciated.


The local self government, Kerala has issued a circular pointing out the directions issued to the local bodies, not to issue stop memo for mobile towers, without any sufficient reason.

mobile tower -local bodies to follow the direction

Thursday, March 28, 2013

cyber privacy and data protection


The Information Technology Act 2000, though in its initial stage, did not contain any specific provisions to address the issue of cyber privacy and data protection. Section 72 of the I T Act says, "penalty for breach of confidentiality and privacy". But the scope of this section is very limited.
But the amendment in year 2008, in the I T Act addressed issues about cyber privacy and physical privacy due to misuse of electronic means of communication. IT act provides civil and criminal remedies for breach of privacy.

cyber stalking - criminal offence

Cyber stalking is an extension of physical stalking. Now, as per new amendment in Indian Penal Code, stalking is an offence. Whereas, in the cyber world, section 66A of IT act defines the offences comes under cyber stalking.
If an electronic media is used to pursue, harass or contact another in an unsolicited fashion, it can be an offence under cyber stalking.

Friday, March 22, 2013

Indecent representation of women - action - kerala police circular.

Acting against indecent representation of women in advertisements and other photographs, Kerala Police has come with a call to implement the provisions of INDECENT REPRESENTATION OF ACT (PREVENTION) strictly... full text of circular.
INDECENT REPRESENTATION OF WOMEN - KERALA POLICE CIRCULAR

Wednesday, March 6, 2013

New Criminal law (amendment) Ordinance 2013 .. a real change. NEW CRIMINAL LAW ORDINANCE 2013 - NEW LAWS OF SEXUAL ASSAULT - INDIAN PENAL CODE AMENDMENT 2013 - IPC

Obviously, subsequent to the increase in sexual incidents against the women reported again and again, Union Government has come up with new amendment in the Criminal law. Though this time, it is not on a new platform, but on the classic ever green Indian Penal Code itself.
The Indian Penal Code stood strong for decades and it will continue to be so in coming decades also. The new ordinance on criminal law is not a new wine in old jar; its really new wine in new jar, though attached to the decades old IPC.

Several new offences are included and severe punishments are mandated.
IPC 354 A - sexual harassment and punishment for sexual harassment:
Punishment which may extend to 5 years and fine.
IPC 354 B - Assault or use of criminal force to women with intent to disrobe. (to make her naked) : Punishment shall not be less than 3 years, but may extend to 7 years and fine.
IPC 354 C - Voyeurism - Watches, captures the image of a women engaging in a private act:
Punishment shall not be less than 1 year, but may extend to 3 years and fine
IPC 354 D - Stalking - whoever follows a person and contacts or attempt to contact to foster personal interaction repeatedly, despite of clear indication of disinterest; or whoever monitors the use by a person of the internet, email or any other form of electronic communication, or watches or spies on a person in a manner that results in a fear of violence or distress in the mind of victim or interferes with the mental peace of such person.
Punishment shall not be less than 1 year which may extend to 3 years
IPC AMENDMENT ORDINANCE 2013 RELEVANT EXTRACTS

No revenue recovery on agricultural loans- ONE YEAR MORATORIUM.

One year ban for the recovery of agricultural loans - a relief for formers.


ONE YEAR MORATORIUM FOR AGRICULTURAL LOANS- NO RECOVERY FOR AGRICULTURAL LOANS FOR ONE YEAR

NIGHT AUTOPSIES - POST MORTEM CAN BE CONDUCTED - GOVERNMENT ORDER

The Kerala Government ordered to conduct post mortem on night too on experimental basis, with sufficient light and other facilities. 
Earlier, the law that does not allow autopsy on night was an ordeal for the dear ones to wait long hours before the mortuary to get the body of their dead ones in case of un natural deaths. 
If the present decision taken upon experimental basis succeeded, the same will be extended permanently.

NIGHT AUTOPSIES - POST MORTEM CAN BE CONDUCTED - GOVERNMENT ORDER

Grant for junior advocates belong to OBC category - Kerala Government Circular

Saturday, February 9, 2013

RBI MODEL GUIDELINES TO BANKS FOR EDUCATIONAL LOANS - STUDENT LOANS..


RPCD.PLNFS.BC.NO.83/06.12.05/2000-01
The Chairman/Managing Director
All scheduled commercial banks
Dear Sir
Educational Loan Scheme
The Finance Minister in a meeting with the Chief Executives of the public sector banks on 13 June 2000 had highlighted the role of commercial banks in facilitating pursuit of higher education by poor, but meritorious students. In pursuance thereof the Indian Banks’ Association constituted a Study Group under the chairmanship of Shri R.J.Kamath, Chairman and Managing Director of Canara Bank to examine the issue in detail. Based on the recommendations of the Study Group, a comprehensive model educational loan scheme was prepared by the Indian Banks’ Association for adoption by all banks. The Scheme aims at providing financial support from the banking system to deserving/meritorious students for pursuing higher education in India and abroad.The scheme was announced in the Union Budget for 2001-2002 and discussed in the meeting the Finance Minister had with the Chief Executives of banks on 7 April 2001.
2. Government of India, Ministry of Finance, Department of Economic Affairs [Banking Division] has considered and decided to accept the Model Scheme prepared by IBA for implementation, subject to the following modifications :
  1. The condition of minimum qualifying marks in the last examination may be dropped.

  2. No margin may be insisted upon for loans upto Rs.4 lakh. However, for loans of higher amounts, the margin requirement may be 5% for inland studies and 15% for studies abroad.

  3. No security may be insisted upon for loans upto Rs.4 lakh. However, for loans above this amount, collateral security of suitable value or co-obligation of parents/guardians/third party alongwith the assignment of future income of the student for payment of instalments may be obtained.

  4. Loans upto Rs.4 lakh may be advanced at interest rate not exceeding PLR of the bank. Above Rs.4 lakh, the interest rate may be PLR + 1%.
3. We accordingly, forward herewith a copy of the model scheme prepared by IBA for implementation by banks after effecting the modifications indicated at [i] to [iv] of para 2 above, at the earliest so that its benefits are available to students from this academic session itself.
4. It is clarified that this Scheme is separate and in addition to and not in supersession of the scheme earlier circulated by RBI under Supreme Court orders vide our circular RPCD.SP.BC.10/09.07.01/99-2000 dated 31st July 1999 issued to public sector banks.
5. Please acknowledge receipt.
Yours faithfully
[Varughese John]
General Manager
Encl : As above
A MODEL EDUCATIONAL LOAN SCHEME
1. INTRODUCTION:
Education is central to the Human Resources Development and empowerment in any country. National and State level policies are framed to ensure that this basic need of the population is met through appropriate public and private sector initiatives. While government endeavour to provide primary education to all on a universal basis, higher education is progressively moving into the domain of private sector. With a gradual reduction in government subsidies higher education is getting more and more costly and hence the need for institutional funding in this area.
The scope of education has widened both in India and abroad covering new courses in diversified areas. Development of human capital is a national priority and it should be the endeavour of all that no deserving student is denied opportunity to pursue higher education for want of financial support. Loans for education should be seen as an investment for economic development and prosperity. Knowledge and information would be the driving force for economic growth in the coming years.
The Hon’ble Finance Minister in a meeting with the Chief Executives of the Public Sector Banks on 13th June 2000 had highlighted the role of commercial banks in facilitating pursuit of higher education by poor, but meritorious students. He also expressed the need to have a comprehensive educational loan scheme prepared that could be adopted by all banks. Accordingly, a study group under the Chairmanship of Shri R J Kamath, Chairman and Managing Director, Canara Bank was constituted to examine the issue in detail. This model scheme has been prepared based on the recommendations contained in the report submitted by the group in August 2000.
2. OBJECTIVES OF THE SCHEME :
The Educational Loan Scheme outlined below aims at providing financial support from the banking system to deserving/ meritorious students for pursuing higher education in India and abroad. The main emphasis is that every meritorious student though poor is provided with an opportunity to pursue education with the financial support from the banking system with affordable terms and conditions. No deserving student is denied an opportunity to pursue higher education for want of financial support.
In short, the scheme aims at providing financial assistance on reasonable terms:
* to the poor and needy to undertake basic education.
* to the meritorious students to pursue higher/ professional/ technical education.
3. APPLICABILITY OF THE SCHEME:
The scheme detailed below could be adopted by all Commercial Banks. The scheme provides broad guidelines to the banks for operationalising the educational loan scheme and the implementing bank will have the discretion to make changes suiting to the convenience of the students/ parents to make it more customer friendly.
The scheme details are as under :
4. ELIGIBILITY CRITERIA :
4.1 Courses eligible
a. Studies in India:
* School education including plus 2 stage.
* Graduation courses : BA, B.Com., B.Sc., etc.
* Post Graduation courses : Masters & Phd.
* Professional courses : Engineering, Medical, Agriculture, Veterinary, Law, Dental, Management, Computer etc.
* Computer certificate courses of reputed institutes accredited to Dept. of Electronics or institutes affiliated to university.
* Courses like ICWA, CA, CFA etc.
* Courses conducted by IIM, IIT, IISc, XLRI. NIFT etc.
* Courses offered in India by reputed foreign universities.
* Evening courses of approved institutes.
* Other courses leading to diploma/ degree etc. conducted by colleges/ universities approved by UGC/ Govt./ AICTE/ AIBMS/ ICMR etc.
* Courses offered by National Institutes and other reputed private institutions. Banks may have the system of appraising other institution courses depending on future prospects/ recognition by user institutions.
b. Studies abroad :-
* Graduation : For job oriented professional/ technical courses offered by reputed universities.
* Post graduation : MCA, MBA, MS, etc.
* Courses conducted by CIMA- London, CPA in USA etc.
4.2 Student eligibility :
* Should be an Indian National
* Secured admission to professional/ technical courses through Entrance Test/ Selection process.
* Secured admission to foreign university/ Institutions.
* Should have scored minimum 60% (50% for SC/STs) in the qualifying examination for admission to graduation courses.
4.3 Expenses considered for loan :
* Fee payable to college/ school/ hostel.
* Examination/ Library/ Laboratory fee.
* Purchase of books/ equipments/ instruments/ uniforms.
* Caution deposit/ building fund/ refundable deposit supported by Institution bills/ receipts.
* Travel expenses/ passage money for studies abroad.
* Purchase of computers - essential for completion of the course.
* Any other expense required to complete the course - like study tours, project work, thesis, etc.
5. QUANTUM OF FINANCE:
Need based finance subject to repaying capacity of the parents/ students with margin and the following ceilings.
- Studies in India - Maximum Rs.7.50 lacs.
- Studies abroad - Maximum Rs.15 lacs
6. MARGIN :
Upto Rs.2 lacs
:
Nil
Above Rs. 2 lacs : Studies in India
:
15%
: Studies Abroad
:
25%
- Scholarship/ assistantship to be included in margin.
- Margin may be brought-in on year-to-year basis as and when disbursements are made on a pro-rata basis.
7. SECURITY :
Upto Rs.2 lacs
:
No security
Above Rs.2 lacs
:
Collateral security equal to 100% of the loan amount or guarantee of third person known to bank for 100% of the loan amount.
Note:-
* The document should be executed by both the student and the parent/ guardian.
* The security can be in the form of land/ building/ Govt. securities/ Public Sector Bonds/ Units of UTI, NSC, KVP, LIC policy, gold, shares/ debentures, bank deposit in the name of student/ parent/ guardian or any other third party with suitable margin.
* Wherever the land/ building is already mortgaged, the unencumbered portion can be taken as security on II charge basis provided it covers the required loan amount.
* In case the loan is given for purchase of computer the same to be hypothecated to the Bank.
Banks who wish to support highly meritorious/ deserving students without security may delegate such powers to a fairly higher level authority.
8. RATE OF INTEREST :
Upto Rs.2 lacs
:
PLR
Above Rs.2 lacs
:
PLR + 1%
* The interest to be debited quarterly/ half yearly on simple basis during the Repayment holiday/ Moratorium period.
* Penal interest @ 2% be charged for above Rs.2 lacs for the overdue amount and overdue period.
9. SANCTION/ DISBURSEMENT :
* The loan to be sanctioned as per delegation of powers preferably by the Branch nearest to the place of domicile.
* No application for educational loan received should be rejected without the concurrence of the next higher authority.
* The loan to be disbursed in stages as per the requirement/ demand directly to the Institutions/ Vendors of books/ equipments/ instruments to the extent possible.
10. REPAYMENT:
Repayment holiday/Moratorium
:
Course period + 1 year or 6 months after getting job, whichever is earlier.
The loan to be repaid in 5-7 years after commencement of repayment. If the student is not able to complete the course within the scheduled time extension of time for completion of course may be permitted for a maximum period of 2 years. If the student is not able to complete the course for reasons beyond his control, sanctioning authority may at his discretion consider such extensions as may be deemed necessary to complete the course.
* The accrued interest during the repayment holiday period to be added to the principal and repayment in Equated Monthly Instalments (EMI) fixed.
* 1-2% interest concession may be provided for loanees if the interest is serviced during the study period when repayment holiday is specified for interest/ repayment under the scheme.
11. FOLLOW UP:
Banks to contact college/ university authorities to send the progress report at regular intervals in respect of students who have availed loans.
12. PROCESSING CHARGES :
No processing/ upfront charges may be collected on educational loans.
13. CAPABILITY CERTIFICATE:
Banks can also issue the capability certificate for students going abroad for higher studies. For this financial and other supporting documents may be obtained from applicant, if required.
(Some of the foreign universities require the students to submit a certificate from their bankers about the sponsors’ solvency/ financial capability, with a view to ensure that the sponsors of the students going abroad for higher studies are capable of meeting the expenses till completion of studies.)
14. OTHER CONDITIONS:
No due certificate need not be insisted upon as a pre-condition for considering educational loan. However, banks may obtain a declaration/ an affidavit confirming that no loans are availed from other banks.
Loan applications have to be disposed of within a period of 15 days to 1 month, but not exceeding the time norms stipulated for disposing of loan applications under priority sector lending.
In order to bring flexibility in terms like eligibility, margin, security norms, banks may consider relaxation in the norms on a case to case basis delegating the powers to a fairly higher level authority.

Wednesday, January 23, 2013

Right of inherintence of property in case of a Hindu male died intestate

Situation:
Family- Husband, Wife, three children.

Event - Husband died intestate.
Right of Inheritance =  Wife will take one share, Each child will take one share.
                                   In effect, the property will be divided in to four shares.



Situation:
Family- Husband, Wife, two children and mother of husband.

Event - Husband died intestate.
Right of Inheritance =  Wife will take one share, Each child will take one share,
                                  Mother of the husband will take  one share.
                                   In effect, the property will be divided in to four shares.

Tuesday, January 22, 2013