Alcohol and Drinking Age in different countries and states Brief Comparison of Drinking age in different states

Alcohol and Drinking Age in different countries and
states Brief Comparison of Drinking age in different states

1-
Gujarat and Mizoram and drinking age
Gujarat and Mizoram both have prohibited legally it is not allowed to drink alcohol in both states. Alcohol is easily available in both states. Just have to pay more.



2- Maharashtra State and drinking age
Beer – Age 21
Minimum drinking age in the state is now 25 years for consumption of rum, whisky, vodka and country-made liquor.

3- Andhra Pradesh, Delhi, West Bengal and Tamil Nadu and drinking age
In Andhra Pradesh, Delhi, West Bengal and Tamil Nadu you can buy and drink alcohol at the age of 21.

4- Kerala, Goa, Karnataka and Uttar Pradesh and drinking age
Kerala, Goa, Karnataka and Uttar Pradesh one can start drinking alcohol at the age of 18

4. - china and Singapore and drinking age
In both china and Singapore one can start drinking alcohol at the age of 18

5- Japan –
In Japan minimum age to drink is 20 Years.

6-South Korea
In South Korea minimum age to drink alcohol is 19 Years.

7- Pakistan –
Only Non Muslims can drink after the age of 21.
In Islamic nations drinking is normally banned.

8-Argentina, Brazil, Cuba, Venezuela, Australia, Russia, Ukraine, Latvia, Lithuania, France, Czech Republic, Republic of Ireland, Poland, Slovenia and Slovakia fix legal drinking age at 18.

9-In Austria, Belgium, Germany – legal age to drink 18

10-the Netherlands, and Switzerland, a purchaser of beer or wine must be 16 years of age, and 18 years for spirits.

11-In Italy and Portugal, 16 year olds can buy and drink or work in a place selling alcohol.

12-In the Scandinavian countries the legal drinking age is 18 years.
In Denmark, the legal age for buying alcoholic beverages containing 1.2 -16.5 per cent alcohol is 16 years in shops and 18 years in bars and restaurants

13-n the United Kingdom, the minimum age to purchase alcohol is 18 years in a bar and in private; the minimum age to consume alcohol is 5 years.

14- United states – Legal age to drink is 21 years as per National Minimum Drinking Age Act in 1984

Ban is not solution and one can vote at the age of 18 then should be allowed to drink at the age of 18.

Important is teaching the people benefits of not drinking and benefits of controlled drinking.

Ban the alcohol gives chance to do corruption to government officers.

Increase in age also gives chance and it increases the corruption done by the alcohol shop owners and government officers.

Government should never give subsidy to alcohol or wine making factories.

After all we got one life and one should have full right on his life

Reality views by sm –
Thursday, June 02, 2011

Keyword Tag - Drinking age Alcohol Age State Countries

Know about the IPC sections 144, 151 under which Rahul Gandhi got arrested in Uttar Pradesh

Know about the IPC sections 144, 151 under which Rahul Gandhi
got arrested in Uttar Pradesh

After 19 Hours Uttar Pradesh Police arrested Rahul Gandhi in Bhatta Parsaul village in Uttar Pradesh's Greater Noida

Indian Penal Code (IPC) 1860


Section 144 –
Joining unlawful assembly armed with deadly weapon –

Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly,
shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Section 151-
Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse –

Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully
commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Explanation-If the assembly is an unlawful assembly with the meaning of section 141, the offender will be punishable under section 145.

Section 141.
Unlawful assembly –

An assembly of five or more persons is designated an "unlawful assembly", if the common object of the persons composing that assembly is-

First-To overawe by criminal force, or show of criminal force, 1[the Central or any State Government of Parliament or the Legislature of any State], or any public servant
in the exercise of the lawful power of such public servant; or

Second-To resist the execution of any law, or of any legal process; or

Third-To commit any mischief or criminal trespass, or other offence; or

Fourth-By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a
right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or

Fifth-By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to
do.

Explanation-An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.

Section 145.

Joining or continuing in unlawful assembly, knowing it has been commanded to disperse –
Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be
punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Suggested Reading –
Rahul Gandhi Arrested by UP Police in Bhatta Parsaul Village
http://realityviews.blogspot.com/2011/05/rahul-gandhi-arrested-by-up-police-in.html

Reality views by sm –
Sunday, May 15, 2011

Keyword Tag – Rahul Gandhi Congress Secretary Arrested Uttar Pradesh

SC denies to change charge in Bhopal Case SC rejects CBI's curative petition seeking a stay on its 1996 judgment in the case

SC denies to change charge in Bhopal Case SC rejects CBI'scurative petition seeking a stay on its 1996 judgment in the case


Read more »

CPIL filed PIL in SC against pan masala Rajnigandha and Tulsi for selling pan masala in plastic sachets after ban

CPIL filed PIL in SC against pan masala Rajnigandha and Tulsifor selling pan masala in plastic sachets after ban


Read more »

For Honour Killing give death Punishment Supreme Court Orders to lower courts

For Honour Killing give death Punishment Supreme Court Orders to lower courts
SC declares Honour Killing as Rarest of rare crime Orders lower Court to view honour killing cases as rarest of rare cases.


Read more »

Supreme Court stays Ayodhya HC Order of Partition of disputed Ayodhya Land title suit

Supreme Court stays Ayodhya High Court Order of Partition of disputedAyodhya Land title suit


Read more »

Gutka will be sold in Plastic sachets – Rules will be amended by Government of India

Gutka will be sold in Plastic sachets –
Rules will be amended by Government of India

February 18 – Supreme Court of India ordered that Gutka and pan masala will not be sold in plastic sachets from March 1.

After this Supreme Court order the environment ministry had banned packaging of
Gutka products in sachet.


But the news is that Government is willing and government is ready to bend before Rich Gutka King business people I read that Big Gangster, Terror D company is also involved this business in India. I am not sure about this .But Our Indian Gutka makers know him and he solves there fights.

On Tuesday Union environment and forests ministry proposed to ease its
Rules and allow packaging of gutka products in small sachet purely for export purposes.

Now environment ministry also has joined hands and proposed to amend the
Rules recently passed and allow gutka manufacturers to package their products in small sachet as long as they have export orders to meet.

The Karnataka government too had asked the environment ministry to ease the rules and
Allow manufacturing for export purposes.

I hope ministry will not allow this amendment.

What is the guarantee that on the name of exporting these small plastic packs will not be sold in India?

I feel that they will be sold in India also and abroad also.

Then will make fine of 1000 Rs. For violating export rule and selling small plastic sachets in India.
Such type of useless and toothless rule will be added to amendment and everyone will enjoy the life of corruption.

Good Rule and Punishment –
If export quality small plastic sachet found in India Automatically the license will be cancelled on the same day same minute.
After that company will prove that it’s not our pack which is sold in India until that period the company should be closed down without manufacturing a single pack.
A complete shutdown of Gutka Company and all branches and all offices.

A fine of 100 Crore Rupees or Jail term of 50 Years for all the directors of the company including sleeping partners of the company.

Say No to Gutka Plastic Packs.
Increases Taxes on Gutka.

February 18 – Supreme Court of India ordered that Gutka and pan masala will not be sold in plastic sachets from March 1.
To read full story here is the link –
Supreme Court Gives 2 days to Government to regulate the use of plastic for packaging gutka and tobacco products
http://realityviews.blogspot.com/2011/02/supreme-court-gives-2-days-to.html

Reality Views by sm-
Wednesday, May 04, 2011

Keyword Tag – Gutka Sachet Sold in small packs Karnataka

Supreme Court Cancels Airport Development Fee [ADF] Now Pay less for domestic and international air travel in Delhi and Mumbai

Supreme Court Cancels Airport Development Fee [ADF]
Now Pay less for domestic and international air travel in Delhi and Mumbai

SC Cancels airport development fee (ADF) being charged by private operators in Delhi and Mumbai –

The Supreme Court has stopped the Delhi and Mumbai airports from charging passengers what's known as an "Airport Development Fee."

Earlier, the Delhi High Court had in August 2009 rejected the petition of the NGO, ruling that private airport developers were free to charge ADF from passengers and that barring it would have damaging consequences for the Public Private Partnership Model.


The Supreme Court today quashed the levying of the Airport Development Fee by private airport developers in Delhi and Mumbai on international and domestic passengers.

The bench set aside the Delhi High Court's order which had upheld levying of ADF.

The court passed the order on a petition filed by the NGO, Consumer Online Foundation, contending that the fee was illegal, as it was not approved by Airports Economic Regulatory Authority of India.

The NGO had pleaded that such levy can only be charged by a government body like the Airport Authority of India and not private bodies such as Delhi International Airport Ltd and Mumbai International Airport Ltd that are just managing the Airport.

A bench of Justices Cyriac Joseph and A K Patnaik set aside the policy of airport developers by which passengers departing from Delhi airport had to pay a fee of Rs 200 for domestic flights and Rs 1,300 for international flights.

Fliers departing from Mumbai were charged Rs 100 for domestic and Rs 600 for international flights.

As a result, tickets are likely to become cheaper by Rs.200 for domestic travelers and Rs.1, 300 for international passengers boarding from Delhi. Similarly, tickets from the Mumbai airport are also likely to become cheaper with varying rates.

Airport Ticket Officials at the Mumbai airport say the fees were built into tickets and will be deleted now.
They were charging Rs. 100 as a "departure fee" for domestic travel and Rs. 600 for international travel.


Reality Views by sm –
Tuesday, April 26, 2011

Keyword Tag – ADF cancel Mumbai Delhi Air Travelers pay less Air Travel become Cheap

RTI Application Reveals truth Indian Politicians, MPs, MLAs have no duties and responsibilities

RTI Application Reveals truth Indian Politicians, MPs, MLAs
have no duties and responsibilities

As a Citizen of India
Do you know what are the duties and responsibilities of Indian Elected MPs, MLAs or in simple language say Politician?

Indian Politicians have no duty and no responsibility and no accountability.


RTI applications were filed in the central government and state assemblies and after getting the replies it is now clear that there are no duties and responsibilities for elected representatives of the people.

February 2, 2009 -
Activist Dev Ashish Bhattacharya filed RTI application with the Election Commission seeking details of duties, responsibilities and accountability of MPs and MLAs.

Election Commission replied that it was "not concerned with information sought" and it had no such information.

Then appeal was filed.

The commission's appellate authority ruled that the query should have been transferred to the ministry of parliamentary affairs and ministry of law and justice.

June 3, 2009

Lok Sabha secretariat replied that there is no provision either in the Constitution or the Rules of Procedure and Conduct of Business in Lok Sabha defining duties and responsibilities of members of Parliament or through which the accountability can be fixed on non-performing MPs".

Bihar assembly –

Bihar assembly replied that "there is no provision/rule through which the duties, responsibilities and accountabilities of MLAs are fixed". And there was "no provision in the law through which accountability can be fixed" on non-performing MLAs

West Bengal assembly-

West Bengal assembly public information officer replied that they too didn't have any specific rules "through which the responsibility and accountability can be fixed".

Haryana Vidhan Sabha –

Haryana Vidhan Sabha secretariat replied that there were no specific acts defining the duties of MLAs

Assam assembly –

Assam assembly replied that it does not have specific rules.
Kerala assembly-
Kerala assembly replied that in this regard no specific statute has so far been enacted by the Kerala legislative assembly".

For six months The President's secretariat did not answer the query RTI application now The President's secretariat has referred the RTI application to the ministries of law and justice and parliamentary affairs

On February 18, the ministry of law and justice referred the matter to parliamentary affairs, which is yet to reply to the RTI.

Sikkim- It has a basic rule nominal duty
Sikkim provision says, "It will be their prime duty to maintain communal harmony and peace among the people of their respective constituencies."

Now Wake up India and Support Anna Hazare and show such a support that every demand of Anna will become the law.

If you do not agree with Anna then let me know the solution if you do not have solution then support Anna Hazare.

Reality Views by sm –
Friday, April 15, 2011

Keywords Tags - MP MLA No Duty No Responsibility MP MLA Reason for Salary

Government makes Mandatory for IAS officers to declare details of Properties before Promotion

Government makes Mandatory for IAS officers to declare
details of Properties before Promotion

The government has made disclosure of property details by IAS officers mandatory before they are promoted

The IAS officers who do not submit the property return in time, would be denied vigilance clearance and will not be considered for promotion


The government circular also says that the annual property return as on January 1, 2011 of members of All India Service and other group A central service officers will be placed in the public domain

The circular has also asked all state governments, central ministries and departments to comply with the new circular by April 20.

The circular says that the names of defaulting officers will be put up on the website of the department of personnel and training (DoPT)

Reality views by sm –
Tuesday, April 12, 2011

Keywords Tags – IAS officer properties must declare Promotion

To become prosecutor in the J&K policeman’s physique must compulsory for advocates irrespective of experience or talent – SC

To become prosecutor in the J&K policeman’s physique must compulsory
for advocates irrespective of experience or talent – SC

Jammu and Kashmir government insists that a lawyer, advocate must
have a policeman's physique a minimum height of 5 feet 6 inches, a chest width of 32.5 inches which when expanded must measure 33.5 inches if he wants to be a prosecutor in the J&K Police.


The advertisements for recruitment of prosecutor by J&K government had specified the physical standards, as applicable for the police force, and then stated the requirement of a law degree from a recognized university and a minimum experience of two years in handling litigation.

Because of the physical standards requirement 25 lawyers got rejected.
they did not possess the required physique.

then lawyers moved J&K High Court seeking relaxation of the physical conditions prescribed for the post of prosecutor.

A single judge Bench of the HC observed that a prosecuting officer has to appear in the court and required to exhibit mental ability rather than physical strength.
Therefore, the physical qualifications cannot stand in the way of otherwise eligible candidates.

The J&K High Court judge said that Neither the height nor the chest or chest expansion, being physical qualifications, could be the reason for rejecting the applications

Then J&K government moved challenged this judgment before a division Bench of the High court.

High court bench said that "The single judge has not committed any error in concluding that prescription of physical qualification in regard to width of chest or with regard to height has no nexus with the object and therefore, no case of interference is made out."

Then J&K government appealed to Supreme Court.

the Supreme Court allowed the J&K government's appeal and set aside the concurrent
findings of the high court.
A Bench of Justices Mukundakam Sharma and Anil R Dave said when the aspiring prosecutors had not challenged the physical requirement and only sought relaxation thereof; the HC had erred in setting aside the conditions.

Justice Mukundakam Sharma wrote in his judgment that "The stipulations in the advertisement regarding standard of physical condition was also not challenged in the writ petition. The high court was not justified in going into the validity of the aforesaid criterion in absence of any such challenge.

Thus Supreme Court agreed with the J and K government setting aside concurrent rulings of the J&K High Court, which said that legal practice had no co-relation with physique.

So currently if you got the body of police man only then you can become prosecutor in the J&K police.

I am sure the lawyers will challenge this decision again in right approach.
And height and chest requirement will be removed and will be declared not valid.

Reality Views by sm –
Sunday, April 10, 2011

Keywords Tags – Advocated Police mans physique must compulsory body builder lawyer for J and K

SC Orders government to implement high security registration plates implement 2008 judgment or face contempt of court punishment

SC Orders government to implement high security registration
plates implement 2008 judgment or face contempt of court punishment

In 2001 centre government issued a notification making HSRP high security registration mandatory.

Later Maninderjit Singh Bitta filed a petition and gave judgment in 2008.


The court on May 8, 2008 had asked the governments to make modifications in the HSRP scheme drafted by the Centre and implement it within 6 months, a deadline which was extended from time to time.

The Supreme Court bench comprising Chief Justice S H Kapadia and Justices K S Radhakrishnan and Swatanter Kumar told the Centre and states to speedily implement the policy on installation of high security registration plates (HSRP) in 9 crore vehicles across the country.

Supreme Court bench issued contempt notices to the transport secretaries of Delhi, Punjab and Uttar Pradesh for non implementation of its 8 May 2008 Judgment.

Supreme Court also warned that if there was deliberate delay in implementing the court's order, then the transport secretary concerned would not only face punishment under the Contempt of Court Act but also end up paying heavy fine from his pocket.

SC also said that it’s the duty of government executive that to implement the court's order within the stipulated time, especially when the issue concerned safety of citizens, which was of paramount interest for the governments.

Supreme Court also ordered transport secretaries of Delhi, UP and Punjab to file their personal affidavits within four weeks and if they failed to do then they will be to be personally present in court during the next hearing.

The court also directed those states which have initiated the process of implementation of HSRPs to complete it within 6 weeks.

Supreme Court also said that it’s in the public interest
the plates will help to track down stolen vehicles through a GPS security chip attached to HSRPs to prevent its misuse for terrorist and disruptive activities.


Each high security registration plates are estimated to cost between Rs 500 to Rs 1,000.

What are the benefits, advantages of HSRP?
1.
car jacking or thefts would be reduced

2.
For police it will make Easy to identify traffic offences, stolen vehicles and vehicles involved in crimes.

3.
It will become very easy to find out hit and run or accident cars.

4.
Implementation of automatic toll collection, reducing time spent on collection.

5.
The HSRP will help to track down stolen cars also.

6.
Will limit the use of cars by terrorist also.

Question:
What are the salient features of HSRP?
Answer:

The Ministry of Road Transport & Highways, Government of India has amended Rule 50 of Central Motor Vehicle Rules 1989 to make uniform pattern of displaying registration mark throughout India.

The HSRP system will provide the registration mark to be displayed at front, rear and on windshield of the vehicles. Salient features of HSRP system –

In HSRP system, the affixing of registration plate would be carried out either within the RTO premises or at the designated premises authorised by the Transport Department of the State.

1.
Plate will be made of 1.0mm aluminium of DIN/745/DIN 1783 02 ISO-7591 with round corners and registration mark exhibited in English and Arabic numerals hot-stamped.
The registration mark will have reflective sheets of imperishable nature guaranteed for a minimum five years.

2.
Each plate shall be protected against counterfeiting by applying chromium-based hologram of hot-stamping containing IND of blue colour at left centre of plate.

3.
The plates will be fastened with non-removable-non-reusable snap lock.

4.
The HSRP will be tamper-proof and non-replaceable.
Any attempt made to remove or replace the number plate will break the snap lock making it impossible to instal any other number plate.
Any attempt to remove the third plate in the form of a self-destructive chromium based hologram sticker, affixed on the windshield will spoil/break the sticker itself making it non-reusable.

5.
The number plate will be fitted within the premises of registering authority or at any other place designated by the Transport Department of the State concerned.

Question:

What is the role of Central Government, relating to introduction of HSRP?

Answer:

The role of Central Govt. is limited to:

• Notifying the standards and specifications of High Security Registration Plates.

• Notifying the testing agencies who are to test the plates and give Type Approval to vendors based on these specifications.

• Notifying the date of implementation.

Question:
What is the role of State Government, relating to introduction of HSRP?

Answer:
The role of State Govt. is:

• To implement the scheme in accordance with the rules framed by Central Government.

• To select the vendors from among those who have been given Type Approval Certificate by the authorized testing agencies under Central Motor Vehicles Rules, 1989.

• After selection of vendor, to make sure that proper controls are being exercised at the time of issuance of these plates.

Question:
Which testing agencies have been authorized to give Type Approval certificate?

Answer:

They are:

• Central Road Research Institute (CRRI), Delhi, Mathura Road, P.O. CRRI, New Delhi-20

• Automotive Research Association of India (ARAI), P.B. 832, Pune- 411004

• Vehicle Research & Development Establishment (VRDE), Vahan Nagar, Ahmed Nagar-414006

Question:

Who can be selected by State to sell/affix HSRP?

Answer:

Any prospective vendor can obtain type approval certificate from any of the authorized testing agencies and thereafter can participate in the selection procedure by the State Governments. It is for the State Govt. to select a vendor or vendors.

Question:
Does Central Government grant License/appoint distributor/give franchise?

Answer:
The Central Government does not grant license or appoint distributor/ give franchise to any vendor.

Question:
How many vendors have got type approval?

Answer:
As on date following 18 vendors have got type approval certificate from authorized testing agencies.

List of Vendors who got the approval

1.
M/s Shimnit Utsch India pvt. Ltd,
8th floor, Regent Chambers, Nariman Point,
Mumbai-400021
From CRRI

2.
M/s Utsav Safety System (P) Ltd.
E-1/12, Vasant Vihar,
New Delhi-110 057
From ARAI

3.
M/s Real Industries India Ltd.
34,Rama Road,
New Delhi-110 015
From CRRI


4.
Promuk Hoffmann,
International Limited,
204,Swapnalok Complex,
92,S.D.Road, Secunderabad-500003.
From ARAI

5.
Eastern (Steel & Saws) Industries Pvt. Ltd.
B-10, Deonar village Road,
Deonar, Mumbai-400038,
From CRRI


6.
M/s Omish Traders
Social Compound, Marol Pipline
Andheri-Kurla Road, Andheri (E), Mumbai-400059 From ARAI

7.
M/s Metro Wilhem Grewe Ltd.
B-92, Mayapuri Industrial Area, Phase-I
New Delhi-110064
From ARAI


8.
M/s Almighty Impex Pvt. Ltd.
C-791, New Friends Colony
New Delhi-110065
From ARAI

9.
M/s. D.D.Licence Plates, Div. of
D.D.Ind. Ltd.
F1/9.Okla Industrial Area Phase-I
New Delhi-110020 From ARAI

10.
M/s. Emperor Granites Pvt. Ltd.
Uttam House, 69, P.D. Mellow Road, Carnac Bundr, Mumbai-400009
From ARAI

11.
M/s Signs India Ltd.
810 (Old 406), Anna Salai,
Mount Road, Nandanam,
Chennai-600 035.
From ARAI


12.
Rayson’s Mid Road Sign Craft
Pvt. Ltd.
39-A, First floor, B.J.B Nagar
Bhubaneswar-751014
From ARAI

13.
M/s. Celex Technologies Pvt. Ltd.
Poddar Pont, 10th floor,
Block ‘A’,
113, Park Street,
Kolkata – 700 016. From ARAI


14.
M/s. Road Sketch Pvt. Ltd.
Flat No.80, MIG Flats,
Loni Road, Shahdara,
Delhi-110 032
From ARAI

15.
Hind Industries Limited,
A-1, Phase-I,
Okhla Industrial Area,
New Delhi-110 020 From ARAI


16.
Agros Impex (I) Pvt. Ltd.
202, Composite House,
170, Prajapat Nagar,
Opp: B-2, Gulmohar Park,
New Delhi – 110 049
From VRDE

17.
M/S.Arch Promoters Pvt. Ltd.,
D-103, Defence Colony,
New Delhi-110 024 From CRRI

18.
RSD Security Solutions Pvt. Ltd.,
B-68, Sector 36,
NOIDA-201301.
From ARAI.


Reality Views by sm –
Friday, April 08, 2011

Keywords Tags – Compulsory HSRP plates for two wheelers, Cars Names of Vendors who provide HSRP Plates

Understanding Due Diligence observed by intermediary a suggested new law or provision in Information technology act 2008

Understanding Due Diligence observed by intermediary
a suggested new law or provision in Information technology act 2008

Our blogger friend A, gave the following comment on my post
http://realityviews.blogspot.com/2011/03/google-will-be-responsible-directly-for.html

SM,
firstly it is a proposal right now anyway. I think this is a complex problem. Being blogger does not mean we can post anything. Just like news papers have to make sure they have enough evidence or facts to support their claims, for a strong allegations bloggers should have the same.
But we do not have much to worry...because typically we state facts.
Freedom of speech should be abused.



Currently this is not the part of law but it may become part of law.
This is the proposal or say plan of government.
This notification not only deals with the true facts,
It controls our thinking, power of writing, expressing indirectly.

Who is Intermediary?

Blogger, Word press and Google, Every ISP, Telecom service provider all are intermediary.

Under the Act, an 'intermediary' is defined as any entity which on behalf of another receives stores or transmits any electronic record.
Hence, telecom networks, web-hosting and internet service providers, search engines, online payment and auction sites as well as cyber cafes are identified as intermediaries.

I am using the name of Google only for the purpose of example.
To make it simple to understand.

Understand current law.

A blogger writes an article on a foreign policy which involves Pakistan, America.
Blogger is using BlogSpot platform, the article is hosted in USA.

Government does not agree with the content of article.

Now government files a case against blogger, tells Google to provide information and tells Google to shutdown the blog.

Now what happens as Google is not responsible for this, Google demands a court order from Government.

After Introduction of this Due Diligence clause, what will happen?

Google will become accused person for the article written by a blogger.

In this case government will give notice the Google and Google has not obeyed the notice.
It does not obey it will be charged, have to face consequences.

Now Google will immediately shutdown that blog.
Why Google will fight and spend money for freedom of speech case which blogger has to fight.

Thus Government will get the one tool which will make Google or any ISP obey the notice of government.
Even if server is UK or USA it will not matter.
They have to obey the notice or become the co accused with the blogger.

Who will become co-accused willingly without doing anything?

Government will not need the court order to get the information from
Google or any ISP that is intermediary.
Government will send the notice to ISP or Google and they will shut down the blog.


Section 4 Read again –

The intermediary upon obtaining actual knowledge by itself or been brought
To actual knowledge by an authority mandated under the law for the time being
In force in writing or through email signed with electronic signature about any
Such information as mentioned in sub-rule (2) above, shall act expeditiously to
Work with user or owner of such information to remove access to such
Information that is claimed to be infringing or to be the subject of infringing
Activity.
Further the intermediary shall inform the police about such information
And preserve the records for 90 days.

S.6 –
The intermediary shall follow provisions of the Act or any other laws for the
time being in force.

Thus it’s important to understand what the notification means.

It means we will lose our freedom to write and express freely.

It will give power to government to censor our blog or remove any content which government does not like.

In this case once this notification becomes part of law, government will not need a court order to order the Google to shutdown particular blog.

This is the important point.

Reality views by sm –
Thursday, March 10, 2011

PS – For explanation, example purpose I have used the name of Google.


Keywords – Government censorship, Information Technology act 2008, due diligence clause, Freedom of expression, Censorship by government in India

Suggested Reading –
Google will be responsible directly for blog articles, content of BlogSpot blog authors.

http://realityviews.blogspot.com/2011/03/google-will-be-responsible-directly-for.html

Google will be responsible directly for blog articles, content of blogspot bloggers No Freedom of Speech – Due Diligence clause IT act 2008

Google will be responsible directly for blog articles,
content of blogspot blog authors.
No Freedom of Speech – Due Diligence clause IT act 2008
Do you think Blogger is equal to telecom companies? As per proposed amendment blogger is like owner of telecom company

Indian Government has proposed the changes in Information Technology act 2008.

The draft rules, drawn up by the government under the Information Technology Amendment Act, 2008, deal with due diligence to be observed by an intermediary.

Who is intermediary?



Under the Act, an 'intermediary' is defined as any entity which on behalf of another receives, stores or transmits any electronic record.
Hence, telecom networks, web-hosting and internet service providers, search engines, online payment and auction sites as well as cyber cafes are identified as intermediaries.

Now the draft has included blogger in this category of intermediaries

Section 3 - what intermediaries is supposed to do?
What are the duties of intermediaries, that what the duties of blogger are.


Due Diligence observed by intermediary.—

The intermediary shall observe following due diligence while discharging its duties.-

(1)
The intermediary shall publish the terms and conditions of use of its
website, user agreement, privacy policy etc..

(2)
The intermediary shall notify users of computer resource not to use,
display, upload, modify, publish, transmit, update, share or store any
information that : —

(a) belongs to another person;

(b) is harmful, threatening, abusive, harassing, blasphemous,
objectionable, defamatory, vulgar, obscene, pornographic,
pedophilic, libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in
any manner whatever;

(c) harm minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rights;

(e) violates any law for the time being in force;

(f) discloses sensitive personal information of other person or to which the
user does not have any right to;

(g) causes annoyance or inconvenience or deceives or misleads the
addressee about the origin of such messages or communicates any
information which is grossly offensive or menacing in nature;

(h) impersonate another person;

(i) contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer resource;

(j) threatens the unity, integrity, defense, security or sovereignty of India,
friendly relations with foreign states, or or public order or causes
incitement to the commission of any cognizable offence or prevents
investigation of any offence or is insulting any other nation.

(3)
The intermediary shall not itself host or publish or edit or store any
information or shall not initiate the transmission, select the receiver of
transmission, and select or modify the information contained in the
transmission as specified in sub-rule (2).

(4)
The intermediary upon obtaining actual knowledge by itself or been brought
to actual knowledge by an authority mandated under the law for the time being
in force in writing or through email signed with electronic signature about any
such information as mentioned in sub-rule (2) above, shall act expeditiously to
work with user or owner of such information to remove access to such
information that is claimed to be infringing or to be the subject of infringing
activity. Further the intermediary shall inform the police about such information
and preserve the records for 90 days.

(5)
The Intermediary shall inform its users that in case of non-compliance with
terms of use of the services and privacy policy provided by the Intermediary,
the Intermediary has the right to immediately terminate the access rights of the
users to the site of Intermediary.

(6)
The intermediary shall follow provisions of the Act or any other laws for the
time being in force.

(7)
The intermediary shall not disclose sensitive personal information.

(8)
Disclosure of information by intermediary to any third party shall require
prior permission or consent from the provider of such information, who has
provided such information under lawful contract or otherwise.

(9)
Intermediary shall provide information to government agencies who are
lawfully authorized for investigative, protective, cyber security or intelligence
activity. The information shall be provided for the purpose of verification of
identity, or for prevention, detection, investigation, prosecution, cyber security
incidents and punishment of offences under any law for the time being in force,
on a written request stating clearly the purpose of seeking such information.

(10)
The information collected by the intermediary shall be used for the
purpose for which it has been collected.

(11)
The intermediary shall take all measures to secure its computer resource
and integrity of information received, stored, transmitted or hosted shall be
ensured.

(12)
The intermediary shall report cyber security incidents and also share cyber
security incidents related information with the Indian Computer Emergency
Response Team.

(13)
The intermediary shall not deploy or install or modify the technological
measures or become party to any such act which may change or has the
potential to change the normal course of operation of the computer resource
than what it is supposed to perform thereby circumventing any law for the time
being in force.

Provided that the intermediary may develop, produce, distribute or
employ technological means for the sole purpose of performing the acts of
securing the computer resource.

(14)
The intermediary shall publish on its website the designated agent to
receive notification of claimed infringements.


How the blog is defined?

Section 2 B –
“Blog” means a type of website, usually maintained by an individual with
regular entries of commentary, descriptions of events, or other material such
as graphics or video. Usually blog is a shared on-line journal where users
can post diary entries about their personal experiences and hobbies;

What is the definition of Blogger?

How the blogger is defined by information technology act.

Section 2 C defines blogger as follows.

Blogger” means a person who keeps and updates a blog

If these rules become part of Information technology act 2008, then every blogger who does not have support of big corporations have to stop his blogging activity.

After this it will become very easy to harass any blogger.

We bloggers will become the responsible for the comments which we receive on our blog.

So blogger will be held responsible for the comment on his blog given by unknown person.
any comment or a reader-posted link on a blog which according to the government is threatening, abusive, objectionable, defamatory, vulgar, racial, among other omnibus categories, will now be considered as the legal responsibility of the blogger

Now what will happen please understand?

Every blogger is intermediary.
Google blogspot provides platform so it is intermediary.

I blog on realityviews.blogspot.com

So I will censor comments on this blog. As i am responsible for your comments.

Now I blog using Google platform, thus Google is responsible for my articles and comments.

Thus if Government sends notice to Google,
Google will automatically censor or block my blog.
As Google will be held responsible for my actions, my articles.
I will be responsible for your actions and comments.

Thus Diligence clause will take away our freedom of speech.
It will indirectly give right to government to order big companies like Google to shutdown the xyz blog or Government will held you responsible for this blog article or content.
A new tool will come into force to Harass everyone ISP to bloggers.
Only we can enjoy limited freedom of speech and now this limited freedom of speech we will lose.

Reality views by sm –
Thursday, March 10, 2011

PS – For explanation, example purpose I have used the name of Google.

Keywords – Information Technology act 2008, Due diligence clause, Freedom of expression, Censorship by government in India

More Reading –

After reading comments I thought I need to clarify more thus I have written another article
Understanding Due Diligence observed by intermediary
a suggested new law or provision in Information technology act 2008

http://realityviews.blogspot.com/2011/03/understanding-due-diligence-observed-by.html


Suggested Reading –

India :Bloggers will be held guilty and responsible for content in blog.

http://realityviews.blogspot.com/2009/02/india-bloggers-will-be-held-libable-for.html

One Director should be women - Mandatory Provision in New companies Bill

One Director should be women -
Mandatory Provision in New companies Bill

The new Companies Bill makes it mandatory for any board with 5 directors to have at least one woman candidate.

The new Companies Bill will replace a fifty year old act.



Finance Minister Pranab Mukherjee said last week, "The Companies Bill introduced in Parliament in 2009 has been received from Parliamentary Standing Committee.
The proposed bill will be introduced in the Lok Sabha in the ongoing session

This new proposal will be inserted in the Companies Bill before being tabled in Parliament.
The bill is awaiting the Cabinet's nod.


Reality views by sm –
Tuesday, March 08, 2011

Keywords - company law, International Women's day, one female director

Non Resident Indians Get Right to Vote in their home constituencies in India

Non Resident Indians Get Right to Vote in
their home constituencies in India

Government of India has notified the rules regarding this, now on Non-Resident Indians (NRIs) can now cast votes in their home constituencies


What are the conditions and rules NRIs Have to fulfill to vote in India ?

1.
NRIs would have to register as voters

2.
The application can either be submitted directly or sent by post.

3.
The NRI voters now can submit the application directly to the electoral
registration officer of the constituency within which the place of residence is mentioned in the passport.

4.
physically present with their passport on the polling day to exercise their franchise

5.
No Provision for Postal Ballot , voting through post

"Every citizen of India staying in a foreign country, who has not acquired citizenship of a foreign country, and has completed 18 years of age as on January 1 of the year, can make an application for being registered in the roll for the constituency pertaining to the locality in which his place of residence in India as mentioned in the passport is located," said the notification prepared in consultation with the Election Commission.

This is good move by Government of India, as Indian citizens go outside country for job or business, they should not be denied the right to vote.

Reality Views by sm –
Friday, February 04, 2011

Supreme Court Gives 2 days to Government to regulate the use of plastic for packaging gutka and tobacco products

Supreme Court Gives 2 days to Government to regulate
the use of plastic for packaging gutka and tobacco products

Updated – Friday, February 18, 2011

Rajasthan High Court order banned the use of plastic sachets.
Then an appeal was filed by gutka and pan masala manufacturers challenging a Rajasthan High Court order banning use of plastic sachets.


The bench had on December 7 restrained gutka, pan masala and chewing tobacco industry from using plastic as packaging material for their products by March 1 this year and ordered the government to entrust an independent agency to test the contents of these sachets to evaluate the risk they pose to consumers.

The court was hearing petitions filed by different gutka, pan masala and chewing tobacco manufacturing companies seeking modification of its ruling of banning use of plastic as packaging material for their products by March 1 this year.

Supreme Court in December 2010 gave order and directed the Centre to come out with the law within eight weeks which expires on February 4.

The apex court pulled up the Centre for delay in notifying Plastic Management and Disposal Rules which were framed in 2009 but have not been notified.

Pleading for more time, a Central government counsel said that rules have already been framed in September 2009 and only a formal notification is required to implement the law.

Then Supreme Court Bench said that
“How much consultation would you do for notifying the rules?
One year and four months have already passed,”

“We are not going to give you more time.
No question of giving more time.
You should notify the law within two days available to you (government).
You would violate the court’s order at your peril,” a bench headed by Justice G S Singhvi said, directing the government to meet the deadline set by it in December.

The Supreme Court refused to grant more time to the Centre for implementing the law to regulate the use of plastic for packaging gutka and other tobacco products and asked it to notify that within two days.

Once Again Supreme Court of India doing the Job of government.
I do not understand why so much delay to notify it?
For every good law Supreme Court has to order to Government of India to make that law.

Updated – Friday, February 18, 2011
Supreme Court of India acts strictly –
Gutka and pan masala will not be sold in plastic sachets from March 1.

Only because of Supreme Court strict orders to government the environment ministry on February 7 had notified the rules and brought it into force immediately.
They now have 11 days to make their product packaging free of plastic content.

Supreme Court of India also told the manufacturers to bring in their petitions challenging the legality of the new rules before the SC.
SC ordered that none of the HCs would entertain petitions against the 'no use of plastic' notification.

Reality Views by sm –
Thursday, February 03, 2011

What is Public Interest Litigation? Know Guidelines on Public Interest Litigation given by Supreme Court of India –

What is Public Interest Litigation? Know Guidelines on Public Interest Litigation given by Supreme Court of India –

Read more »

2010 Honesty Award Goes to Comptroller and Auditor General (CAG) of India

2010 Honesty Award Goes to Comptroller and Auditor General (CAG) of India

Read more »

PAC - Understand functions, powers and constitution of PAC - Public Accounts Committee

PAC - Understand functions, powers and constitution of PAC
- Public Accounts Committee

The full form of PAC is Public Accounts Committee.

Indian parliament has limited time.

To check and scrutinize Annual Accounts and the Audit Reports specialized knowledge is required.

Therefore the Parliament and the State Legislatures have, for this purpose, constituted specialized Committees like the Public Accounts Committee (PAC)
and the Committee on Public Undertakings (COPU), to which these audit Reports and Annual Accounts automatically stand referred.


The Public Accounts Committee satisfies itself:-

1.That the moneys (shown in the accounts) were disbursed legally on the service or purpose to which they were applied.

2.That the expenditure was authorized

3.That re-appropriation (i.e. distribution of funds as between sub-objectives) were made in accordance with rules.

It is also the duty of the PAC to examine the statement of accounts of autonomous and semi-autonomous bodies, the audit of which is conducted by the Comptroller & Auditor General either under the directions of the President or by a Statute of Parliament.

The Committee on Public Undertakings exercises the same financial control on the public sector undertakings as the Public Accounts Committee exercises over the functioning of the Government Departments.

The functions of the PAC Committee are:-

1.To examine the reports and accounts of public undertakings.

2.To examine the reports of the Comptroller & Auditor General on public undertakings.

3.To examine the efficiency of public undertakings and to see whether they are being managed in accordance with sound business principles and prudent commercial practices.

The examination of public enterprises by the Committee takes the form of comprehensive appraisal or evaluation of performance of the undertaking.

It involves a thorough examination, including evaluation of the policies, programmes and financial working of the undertaking.

The Committees do not generally question the stated policies of the Government as they usually would have the approval of Parliament (in which the Government would be enjoying a majority).

But they can and often do comment on the implementation of the policies, e.g. losses, wasteful expenditure and financial irregularities.

When these are the result of negligence, the Committee calls upon the Ministry / Department concerned to detail the action, disciplinary or otherwise, it had taken to prevent its recurrence.

In such cases the Committee also records its opinion either disapproving the action of Government of passing strictures against the extravagance or lack of proper control by the concerned Ministry / Department.

The objective of the Financial Committees, in doing so, is not to focus only on the individual irregularity, but on the defects in the system which led to such irregularity, but on the defects in the system which led to such irregularities and the need for correction of such systems and procedures.

The Comptroller & Auditor General of India plays a key role in the functioning of the financial committees of Parliament and the State Legislatures.

He has come to be recognized as a 'friend, philosopher and guide' of the Committee. His Reports generally form the basis of the Committees' working, although they are not precluded from examining issues not brought out in his Reports.

He assists the Committees by furnishing Memorandum of Important Points (MIP) on the cases selected for detailed examination, which helps in the framing of questionnaires for oral evidence of witnesses summoned by the Committees.

During examination of witnesses, he helps the Committees in ascertaining the correct facts and provides additional information relevant to the examination.

At times, he intervenes on behalf of the Committees to clarify and elucidate evidence taken from the witnesses.

He scrutinizes the notes which the Ministries submit to the Committees and helps the Committees to check the correctness submit to the Committees and helps the Committees to check the correctness of facts and figures in their draft reports.

The Financial Committees present their Report to the Parliament/ State Legislature with their observations and recommendations.

The various Ministries / Department of the Government are required to inform the Committees of the action taken by them on the recommendations of the Committees (which are generally accepted) and the Committees present Action Taken Reports to Parliament / Legislature.

In respect of those cases in Audit Reports, which could not be discussed in detail by the Committees, written answers are obtained from the Department / Ministry concerned and are sometimes incorporated in the Reports presented to the Parliament / State Legislature. This ensures that the audit Reports are not taken lightly by the Government, even if the entire report is not deliberated upon by the Committee.

Till 1981, there was no practice of ascertaining the action taken by the Ministries/Departments on the Audit paragraphs not selected by the Committee for detailed examination.

However, with a view to ensuring enforcement of accountability of the executive in respect of all the issues dealt with in various Audit Reports, the Committee on Public Accounts decided in 1982 that the Audit Reports for the year 1980-81 be referred to the Ministries/Departments concerned for furnishing notes, duly vetted by Audit, showing remedial/corrective Action Taken on all the paragraphs contained therein.

The system has further been streamlined to review the remedial/corrective action taken notes furnished by Government on the non-selected Audit Paragraphs.

At their sitting held on 8.8.2000, the Committee decided that the remedial/correction Action Taken Notes received from Government are sent to Office of C&AG for categorization like

(a) Accepted

(b) Partially accepted

(c) Not accepted

And then circulated these to the Members of the Committee.
Based on the categorization, the Committee may select Audit Paragraphs for detailed examination.

The Committee on Public Accounts was first set up in 1921 in the wake of the Montague-Chelmsford Reforms.

The Finance Member of the Executive Council used to be the Chairman of the Committee.
The Secretariat assistance to the Committee was rendered by the then Finance Department (now the Ministry of Finance).

This position continued right up to 1949. During the days of the Interim Government, the then Finance Minister acted as the Chairman of the Committee, and later on, after the attainment of Independence in August, 1947, the Finance Minister became the Chairman.

This naturally restricted the free expression of views and criticism of the Executive.

The Committee on Public Accounts underwent a radical change with the coming into force of the Constitution of India on 26 January, 1950, when the Committee became a Parliamentary Committee functioning under the control of the Speaker with a non-official Chairman appointed by the Speaker from among the Members of Lok Sabha elected to the Committee.

The Minister of Finance ceased to be a Member of the Committee vide Rule 309(i) of the Rules of Procedure and Conduct of Business in Lok Sabha.

The Public Accounts Committee is now constituted every year under Rule 308 of the Rules of Procedure and Conduct of Business in Lok Sabha.

The Public Accounts Committee consists of not more than 22 members comprising of 15 members elected by Lok Sabha every year from amongst its members according to the principle of proportional representation by means of single transferable vote and not more than 7 members of Rajya Sabha elected by that House in like manner.

Prior to the year 1954-55, the Committee consisted of 15 members who were elected by Lok Sabha from amongst its Members.

But with effect from the year 1954-55, 7 members from the Rajya Sabha are also being associated with the Committee.
Till 1966-67, a senior member of the ruling party used to be appointed by the Speaker as Chairman of the Committee.

In 1967, however, for the first time, a member from the Opposition in Lok Sabha was appointed as the Chairman of the Committee by the Speaker.

This practice continues till date. The term of office of members of the Committee does not exceed one year at a time.

A Minister is not elected a member of the Committee, and if a member, after his election to the Committee is appointed a Minister, he ceases to be a member of the Committee from the date of such appointment.

The Chairman of the Committee is appointed by the Speaker from amongst the members of the Committee from Lok Sabha.

Who was the first chairman of the Public Accounts Committee?
The first chairman was Mr. W. M. Hailey, year was 1921.

Currently BJP leader Murli Manohar Joshi is the chairman of PAC that is public accounts committee.


Since the Committee became a Parliamentary Committee under the control of the Speaker from January, 1950, it has presented 1337 Reports till 30th April, 2006.

Reality views by sm –
Tuesday, December 28, 2010