INDIAN ARMED FORCES ELIMINATED THE TERROR OUTFITS IN NORTHEAST


THE INDIAN ARMED FORCES RECEIVED A SHOT IN THE ARM WITH THE NOD FROM THE GOVERNMENT TO FLUSH OUT THE MILITANTS HIDING IN MYANMAR.  THE MEA AND THE ARMED FORCES FLUSHED OUT THE TERROR CAMPS IN RETALIATION TO LAST WEEKS KILLING IN NORTH EAST.

THIS IS THE FIRST TIME THAT THE GOVERNMENT GAVE A STRONG SIGNAL TO THE TERROR OUTFITS THAT ANY MISCHIEF WILL BE RETALIATED WITH EQUAL FORCE.

 

INDIAN ARMED FORCES ELIMINATED THE TERROR OUTFITS IN NORTHEAST


THE INDIAN ARMED FORCES RECEIVED A SHOT IN THE ARM WITH THE NOD FROM THE GOVERNMENT TO FLUSH OUT THE MILITANTS HIDING IN MYANMAR.  THE MEA AND THE ARMED FORCES FLUSHED OUT THE TERROR CAMPS IN RETALIATION TO LAST WEEKS KILLING IN NORTH EAST.

THIS IS THE FIRST TIME THAT THE GOVERNMENT GAVE A STRONG SIGNAL TO THE TERROR OUTFITS THAT ANY MISCHIEF WILL BE RETALIATED WITH EQUAL FORCE.

 

Ministers with Criminal Cases – Supreme Court will deliver its VERDICT TODAY


The Supreme Court is scheduled to deliver a key verdict on Wednesday on a public interest litigation seeking the removal of cabinet ministers with criminal backgrounds.

NEW LAWS !!! WE HAVE MORE LAWS TO CORNER THE CITIZENS !!!!ENJOY?? ENJOY??? THE DEMOCRACY ???THE DEMON CRAZY- 42 NEW MORE LAWS TO REGULATE THE COMMON MAN IN INDIA – MORE LAWS, RULES, REGULATIONS AND AMENDMENTS ARE ON ITS WAY!!!


ENJOY?? ENJOY??? THE DEMOCRACY ???THE DEMON CRAZY- 42 NEW MORE LAWS TO REGULATE THE COMMON MAN IN INDIA – MORE LAWS, RULES, REGULATIONS AND AMENDMENTS ARE ON ITS WAY!!!

Bills listed for Consideration and Passing:

The Forward Contracts (Regulation) Amendment Bill, 2010

The Land Acquisition, Rehabilitation and Resettlement Bill, 2011

The National Accreditation Regulatory Authority for Higher Educational Institutions Bill, 2010

The Prohibition of Unfair Practices in Technical Educational Institutions, Medical Educational Institutions and University Bill, 2010

The Educational Tribunals Bill, 2010

The Prohibition of Employment as Manual Scavengers and their Rehabilitation Bill, 2012

The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2012

The Architect (Amendment) Bill, 2010

The Direct Taxes Code Bill, 2010

The Warehousing Corporations (Amendment) Bill, 2011

The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2011

The Pension Fund Regulatory and Development Authority Bill, 2011

The Companies Bill, 2012

The Insurance Laws (Amendment) Bill, 2008

The Registration of Births and Deaths (Amendment) Bill, 2012

The Governors (Emoluments, Allowances and Privileges) Amendment Bill, 2012

The Piracy Bill, 2012

The Nuclear Safety Regulatory Authority Bill, 2011

The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011

The Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations Bill, 2011

The Lokpal and Lokayuktas Bill, 2011

The Whistle Blowers Protection Bill, 2011

The Wakf (Amendment) Bill, 2010

The Citizenship (Amendment) Bill, 2011

The Marriage Laws (Amendment) Bill, 2010

The Motor Vehicles (Amendment) Bill, 2012

The National Highways Authority of India (Amendment) Bill, 2012

The Constitution (117th Amendment) Bill, 2012 (Reservation in promotion to SCs and STs with retrospective effect)

The Constitution (108th Amendment) Bill, 2008 (Women’s Reservation Bill)

The Constitution (Scheduled Castes) Order (Amendment) Bill, 2012

The Constitution (114th Amendment) Bill, 2010 (Increases retirement age of High Court Judges from 62 to 65 years)

The Constitution (110th Amendment) Bill, 2009 (Reserves for women 50% of seats in panchayats)

Bills listed for Introduction, Consideration and Passing:

The Indian Medical Council (Amendment) Bill, 2013 – To replace an Ordinance

The Securities and Exchange Board of India (Amendment) Bill, 2013 – To replace an Ordinance

The Re-adjustment of Representation of Scheduled Castes and Scheduled Tribes in Parliamentary and Legislative Constituencies Bill, 2013 – To replace an Ordinance

The National Food Security (Second) Bill, 2013 – To replace an Ordinance

The Securities Laws (Amendment) Bill, 2013 – To replace an Ordinance

The Rajiv Gandhi National Aviation University Bill, 2013

The Civil Aviation Authority Bill, 2013

The Indira Gandhi National University for Women Bill, 2013

The Rajasthan Legislative Council Bill, 2013

The Parliament (Prevention of Disqualification) Amendment Bill, 2013

The Right to Information (Amendment) Bill, 2013

Bills listed for Introduction:

The Coal Regulatory Authority Bill, 2013

The Electronic Delivery of Services Bill, 2013

The Wildlife (Protection) Amendment Bill, 2013

The Constitution (119th Amendment) Bill, 2013

The Nalanda University (Amendment) Bill, 2013

The Deposit Insurance and Credit Guarantee Corporation (Amendment) Bill, 2013

The Mental Health Care Bill, 2013

The Drugs and Cosmetics (Amendment) Bill, 2013

The Central Reserve Police Force Bill, 2013

The Real Estate (Regulation and Development) Bill, 2013

The Prevention of Corruption (Amendment) Bill, 2013

The Constitution (Amendment) Bill, 2013

The Registration (Amendment) Bill, 2013

The Merchant Shipping (Second Amendment) Bill, 2013

Bills listed for Withdrawal:

The Securities and Exchange Board of India (Amendment) Bill, 2013

The National Food Security Bill, 2011

The Re-adjustment of Representation of Scheduled Castes and Scheduled Tribes in Parliamentary and Assembly Constituencies Bill, 2013

The Indian Medical Council (Amendment) Bill, 2013

The Drugs and Cosmetics (Amendment) Bill, 2007

The Electronic Delivery of Services Bill, 2011

 

 

Features, Benefits & Advantages of Real Estate Bill, 2013 – THE REAL ESTATE(REGULATION AND DEVELOPMENT) BILL, 2013


The Union Government has proposed to bring in a Real Estate Bill to Protect the Interest of the Consumers and Promote Fair Play in Real Estate Transactions and approved THE REAL ESTATE(REGULATION AND DEVELOPMENT) BILL, 2013

The Objectives of the Bill is to provide for a uniform regulatory environment, to protect consumer interests, help speedy adjudication of disputes and ensure orderly growth of the real estate sector.

With the liberalization of the economy, conscious encouragement was given to the growth of the private sector in real estate sector and especially in construction, with a great deal of success, and the sector today is estimated to contribute substantially to the Country’s GDP.

But currently the real estate and housing sector is largely unregulated and opaque, with consumers often unable to procure complete information, or enforce accountability against builders and developers in the absence of effective regulation.

The proposed legislation would ensure greater accountability towards consumers, and to significantly reduce frauds and aims at restoring confidence of the general public in the real estate sector; by instituting transparency and accountability in real estate and housing transactions which in turn will enable the sector to access capital and financial markets essential for its long term growth. The Bill is also expected to promote regulated and orderly growth through efficiency, professionalism and standardization. It seeks to ensure consumer protection, without adding another stage in the procedure for sanctions, he added.

It contains elaborate provisions dealing with registration of real estate projects and registration of real estate agents with the Real Estate Regulatory Authority; functions and duties of promoters; functions and duties of real estate agents; rights and duties of allottees; establishment of Real Estate Regulatory Authority; establishment of Central Advisory Council; establishment of Real Estate Appellate Tribunal; offences and penalties; Finance, Accounts, Audits and Reports; etc.

Benefits and Advantages of Real Estate Bill, 2013

The Bill proposes to regulate transactions in the real estate sector and is in pursuance of the powers under Entries 6, 7 and 46 of the Concurrent List of the Constitution, which deals with Transfer of Property, Registration of Deeds and Documents, and Contracts. The draft Bill has been prepared after detailed deliberations with the State Governments and concerned Central Government Ministries, and after having suitably incorporated the suggestions received from them.

  •     The Bill will bring about standardization in the sector leading to healthy and orderly growth of the industry through introduction of definitions such as ‘apartment’, ‘common areas’, ‘carpet area’, ‘advertisement’, ‘real estate project’, ‘prospectus’ etc. Introduction of the concept of using only ‘carpet area’ for sale which has till now been ambiguously sold as super area, super built up area etc., will curb unfair trade practices.
  •     The Bill like other sectors such as telecom, electricity, banking, securities, insurance etc. provides for specialized regulation and enforcement which includes both curative and preventive measures, with powers to enforce specific performance, not available under the consumer laws. The Authority has powers to give directions for specific performance powers to impose penalty for non-registration of projects including imprisonment for continuous violation upto 3 yrs and impose penalty in case of other contraventions.
  •    The Bill proposes to register real estate agents which have hitherto been un-regulated, with clear responsibilities and functions, thereby leading to money trail and curbing money laundering. This clause has been added on the recommendations of the Department of Revenue, Ministry of Finance.
  •    The Bill aims to ensure consumer protection, by making it mandatory for promoters to register all projects, prior to sale; and only after having received all approvals from development/municipal authorities thereby protecting buyer investments.
  •     The Bill will promote transparency and fair and ethical business practices, relating to transactions, through disclosure of project details and contractual obligations vis-à-vis the project and the buyer,  promoting informed choice for the buyers. This will substantially reduce the power asymmetry prevalent in real estate transactions.
  •    The Bill seeks to establish a regulatory oversight mechanism, through Real Estate Authority(s) and Appellate Tribunal in the States, to enforce accountability norms for the promoter buyer and the real estate agents.
  •    The Bill will infuse professionalism and promote planned development of the real estate sector through the promotional role of the Regulatory Authority.
  •    The Bill makes it mandatory upon the promoters to deposit  70% or such lesser per cent as notified by the Appropriate Government to cover the construction cost of the project of funds received by the Promoter in a separate bank account, for purposes of ensuring timely completion of projects to be used only for that project, which shall help in timely completion of projects, and prevent fund diversion.
  •    The Bill provides for a speedy and specialized adjudication mechanism to settle disputes between the promoter, buyer and real estate agents, thereby de-clogging the civil courts and consumer forums, from disputes in the real estate sector.
  •    The Bill will catalyze domestic and foreign investment into the sector, thereby contributing to enhanced activity, and increase in GDP growth.

The main features of the Draft Bill:-

  • Applicability of the Bill:

The proposed Bill is limited in its applicability to residential real estate i.e. housing and any other independent use ancillary to housing. The two important definitions in this regard are:

“real estate project means the development of a building or a building consisting of apartments, or converting an existing building or a part thereof into apartments, or the development of a colony into plots or apartments, as the case may be, for the purpose of selling all or some of the said apartments or plots or buildings and includes the development works thereof”

“apartment whether called dwelling unit, flat, premises, suite, tenement, unit or by any other name, means a separate and self-contained part of any immovable property located on one or more floors or any part thereof, in a building or on a plot of land, used or intended to be used for residential  purposes, or for any other type of independent use ancillary to the purpose specified and includes any covered garage, whether or not adjacent to the building in which such apartment is located which has been provided by the promoter for the use of the allottee for parking any vehicle, or as the case may be, for the residence of any domestic help employed in such apartment”

  • Establishment of Real Estate Regulatory Authority:

Establishment of one or more ‘Real Estate Regulatory Authority’ in each State/UT, or one Authority for two or more States/UT, by the Appropriate Government, with specified functions, powers, and responsibilities to exercise oversight of real estate transactions, to appoint adjudicating officers to settle disputes between parties, and to impose penalty and interest;

  • Registration of Real Estate Projects and Registration of Real Estate Agents:

Mandatory registration of real estate projects and real estate agents who intend to sell any immovable property, with the Real Estate Regulatory Authority;

  • Mandatory Public Disclosure of all project details:

Mandatory public disclosure norms for all registered projects, including details of the promoters, project, layout plan, plan of development works, land status, carpet area and number of the apartments booked, status of the statutory approvals and disclosure of proforma agreements, names and addresses of the real estate agents, contractors, architect, structural engineer etc.;

  • Functions and Duties of Promoter:

Duty of promoters towards disclosure of all relevant information and adherence to approved plans and project specifications, obligations regarding veracity of the advertisement for sale or prospectus, responsibility to rectify structural defects, and to refund moneys in cases of default;

  • Compulsory deposit of seventy percent or such lesser percent as notified by the Appropriate Government, to cover the construction cost of the project, of funds received by the Promoter, in a separate bank account:

Provision to compulsorily deposit seventy percent or such lesser percent as notified by the Appropriate Government, of the amounts realized for the real estate project from the allottees, from time to time, shall be deposited in a separate account to be maintained in a scheduled bank within a period of fifteen days of its realization to cover the cost of construction and shall be used only for that purpose.

  • Functions of Real Estate Agents:

Real estate agents not to facilitate the sale of immovable property which are not registered with the Authority required under the provisions of the Act, obligation to keep, maintain and preserve books of accounts, records and documents, obligation to not involve in any unfair trade practices, obligation to facilitate the possession of documents to allottees as entitled at the time of booking, and to comply with such other functions as specified by Rules made in that regard;

  • Rights and Duties of Allottees:

Right to obtain information relating to the property booked, to know stage-wise time schedule of project completion, claim possession of the apartment or plot or building as per promoter declaration, refund with interest in case of default by the promoter, and after possession entitled to necessary documents and plans. Duty of allottees to make necessary payments and carry out other responsibilities as per the agreement;

  • Functions of Real Estate Regulatory Authority:

The Authority to act as the nodal agency to co-ordinate efforts regarding development of the real estate sector and render necessary advice to the appropriate Government to ensure the growth and promotion of a transparent, efficient and competitive real estate sector;

  • Fast Track Dispute Settlement Mechanism:

Establishment of fast track dispute resolution mechanisms for settlement of disputes, through adjudicating officers (an officer not below the rank of Joint Secretary to the State Government) to be appointed by the Authority, and establishment of an Appellate Tribunal to hear appeals from the orders of the Authority and the adjudicating officer;

  • Establishment of Central Advisory Council:

Establishment of Central Advisory Council to advise the Central Government on matters concerning implementation of the Act, with a mandate to make recommendations on major questions of policy, protection of consumer interest and to foster growth and development of the real estate sector. The Council to have among others, five representatives of State Governments, to be selected by rotation;

  • Establishment of Real Estate Appellate Tribunal:

Establishment of Real Estate Appellate Tribunal, by the appropriate government to hear appeals from the orders or decisions or directions of the Authority and the adjudicating officer.  The Appellate Tribunal is to be headed by a sitting or retired Judge of the High Court with one judicial and one administrative/technical member;

  • Punitive Provisions:

Punitive provisions including de-registration of the project and penalties in case of contravention of the provisions of the Bill or the orders of the Authority or the Tribunal;

  • Power to make Rules and Regulations:

Appropriate Government to have powers to make rules over subjects specified in the Bill, and the Regulatory Authority to have powers to make regulations.

 

 

SUGGESTIONS INVITED BY THE LAW COMMISSION OF INDIA ON ELECTORAL REFORMS


The Law Commission of India Invites Suggestions on Electoral Reforms

The issue of ‘Electoral Reforms’ has been referred by the Central Government to the Law Commission of India for consideration and for suggesting comprehensive measures for changes in laws relating to elections. Acknowledging the importance of the subject, the Commission has prepared a Consultation Paper eliciting feedback from various stakeholders.

           The election system comprises a complex web of different nuances – legal, political, economic, social, religious, ethical and moral and this complexity makes the task of suggesting reforms quite challenging.  No single aspect of election process can be looked at in isolation from others.   Most, if not all areas of these aspects, are of the nature where law either interacts or need to interact more closely.  The focus of the Consultation Paper is, therefore, to identify those areas and aspects where law should play more prominent and engaging role.

          The Commission proposes to focus largely on issues such as: qualifications/disqualifications of  those seeking election, or disqualification of the persons already elected; modes, methods and quantum of funding of elections; transparency, accountability and sources of spending by political parties and their respective candidates during elections; regulations and ethical conduct of political parties or candidates participating in elections; filing of false affidavits – A ground for disqualification; electronic and print Media – impact of ‘paid news’; quantum of punishment for electoral offences; and adjudication of election disputes etc.

          The Commission, through the Consultation Paper, has solicited views/suggestions of political parties, states, civil society, and all other stakeholders, inter-alia, on the aforesaid issues.

         The Consultation Paper has been made available on the website of the Law Commission of India – http://lawcommissionofindia.nic.in and can be downloaded freely.

         Those desirous of submitting comments/suggestions may send their written comments/suggestions to the Secretary, Law Commission of India, Hindustan Times House, 14th Floor, Kasturba Gandhi Marg, New Delhi-110001 by E-mail: lci-dla@nic.in  or by hand/post latest by 30th June, 2013.

 

SERVICE TAX – Service tax Changes on Construction of a complex, building, civil structure


NOTIFICATION NO 9/2013 – ST., Dated: May 8, 2013

In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.26/2012-Service Tax, dated the 20th June, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 468 (E), dated the 20th June, 2012, namely:-

In the said notification, in the TABLE, for serial number 12 and the entries relating thereto, the following serial number and the entries shall be substituted, namely:-

“12.

Construction of a complex, building, civil structure or a part thereof, intended for a sale to a buyer, wholly or partly, except where entire consideration is received after issuance of completion certificate by the competent authority,-

 

(i) CENVAT credit on inputs used for providing the taxable service has not been taken under the provisions of the CENVAT Credit Rules, 2004;

(a) for a residential unit satisfying both the following conditions, namely:–

25

(ii) The value of land is included in the amount charged from the service receiver.”.

(i) the carpet area of the unit is less than 2000 square feet; and

(ii) the amount charged for the unit is less than rupees one crore;

(b) for other than the (a) above.

30

[F. No. 334 /3/ 2013-TRU]

(Raj Kumar Digvijay)
Under Secretary to the Government of India

Note.- The principal notification was published in the Gazette of India, Extraordinary, vide notification No. 26/2012 – Service Tax , dated the 20 th June, 2012, vid e number G.S.R. 468 (E), dated the 20th June, 2012 and was last amended vide notification No.2/2013 – Service Tax, dated the 1st March, 2013, vide number G.S.R.152(E), dated the 1st March, 2013.

NEW YEAR GIFT


1)DIESEL PRICES WILL BE HIKED EVERY MONTH HEREAFTERWARDS

2). MILK PRICES WILL BE RAISED BY RS5/- A LITER AND THERE WILL BE A PUBLIC OUTCRY, THE GOVERNMENT WILL ACT IMMEDIATELY IN THE BEST INTEREST OF ITS CITIZENS AND REDUCE THE PRICE BY RS1/- A LITER.

3). TRAIN FARES GO UP FROM 22-01-2013.

A). PRICES OF PROPERTIES HAVE SKYROCKETED AND THE RENT IS ABNORMALLY HIGH IN BANGALORE.

B). VAT AND SERVICE TAX SLABS RAISED.

C). ESSENTIAL FOOD STUFF PRICES HAVE INCREASED BY OVER 25% IN THE LAST 3 MONTHS.