STARTUP INDIA POLICY

STARTUP INDIA POLICY

AN INTRODUCTION


The “Startup India” initiative announced by the Hon‟ble Prime Minister on 15.08.2015 aims at fostering entrepreneurship and promoting innovation by creating an ecosystem that is conducive to growth of Startup. Startup India is a flagship initiative of the Government of India, intended to build a strong ecosystem for nurturing innovation and Startups in the country that will drive sustainable economic growth and generate large scale employment opportunities.

The efforts of the government are aimed at empowering Startups to grow through innovation and design. It is intended to provide the much needed impetus for the Startups to launch and scale greater heights. In order to meet the objectives of the initiative, the Hon‟ble Prime Minister on 16th January 2016 launched the Startup
India Action Plan. The Startup India Action Plan consists of 19 action items spanning across areas such as “Simplification and handholding.”

“Funding support and incentives” and “Industry-academia partnership and incubation”. Since the launch of the programme, a number of forward looking strategic amendments to the existing policy ecology have been introduced, like:

  1. Fund of Funds
    For providing fund support for Startups, Government has created a „Funds for Startups (FFS) at Small Industries
    Development Bank of India (SIDBI) with a corpus of Rs 10,000 crore. The FFS shall contribute to the corpus
    of Alternative Investment funds (AIFs) for investing in equity and equity linked instruments of various Startups.
    The FFS is managed by Small Industries Development Bank of India (SIDBI) for which operational guidelines
    have been issued. In 2015- 16, Rs.500 crores was released towards the FFS corpus.

2. Credit Guarantee Fund for Startups
Since debt funding for Sartups is perceived as high risk activity, a Credit Guarantee Fund for Startups is being
setup with a budgetary corpus of Rs.500 crore per year, over the next four years, to provide credit guarantee
cover to banks and lending institutions providing loans to Startups.
Once rolled out, the scheme in the lines of credit guarantee scheme for MSME, is likely to provide a huge
impetus for enabling flow of much needed credit to the Startups which may run into several thousands of crores.

3. Relaxed Norms in Public Procurement for Startups
Provision has been introduced in the procurement policy of Ministry of Micro, Small and Medium Enterprises
(Policy Circular No. 1(2)(1)/2016-MA dated March 10, 2016) to relax norms pertaining to prior experience/
turnover for Micro and Small Enterprises. Department of Expenditure has issued a notification for relaxing
public procurement norms in respect of all Startups (including medium enterprises) by all central Ministries/
Departments.

4. Tax Incentives

(i) Income Tax Exemption on profits under Section 80-IAC of Income Tax (IT) Act: The Inter-Ministerial Board of Certification is a Board set up by Department for Promotion of Industry and Internal Trade (DPIIT) which validates Startups for granting tax related benefits.

A DPIIT recognized Startup is eligible to apply to the Inter-Ministerial Board for full deduction on the profits and gains from business (exemption under Section 80IAC of the Income Tax Act) provided the following conditions are fulfilled.

The entity should be a private limited company or a limited liability partnership, Incorporated on or after 1st April 2016 but before 1st April 2021, and Products or services or processes are undifferentiated, have potential for commercialization and have significant incremental value for customers or workflow. The deduction is for any three consecutive years out of seven years from the year of incorporation of start-up.

(ii) Tax Exemption on Investments above Fair Market Value.

– DPIIT Recognized Startups are exempt from tax under Section 56(2)(viib) of the Income Tax Act when such a Startup receives any consideration for issue of shares which exceeds the Fair Market Value of
such shares.


– The startup has to file a duly signed declaration in Form 2 to DPIIT {as per notification G.S.R. 127 (E)}
to claim the exemption from the provisions of Section 56(2)(viib) of the Income Tax Act.

(iii) Introduction of Section 54EE in the Income Tax Act, 1961.

Exemption from tax on long-term capital gain if such long-term capital gain is invested in a fund notified by
Central Government. The maximum amount that can be invested is Rs. 50 lakh.

(iv) Amendment in Section 54GB of the Income-tax Act

Exemption from tax on capital gains arising out of sale of residential house or a residential plot of land if the
amount of net consideration is invested in prescribed stake of equity shares of eligible Startup for utilizing the
same for purchase of specified asset:

a. The condition of minimum holding of 50% of share capital or voting rights in the start-up relaxed to 25%

b. The period of extension of capital gains arising from for sale of residential property for investment in
start-ups has been extended up to 31st March 2021.

(v) Amendment in Section 79 of Income Tax Act.

Startups can carry forward their losses on satisfaction of any one of the following two conditions:

a. Continuity of 51% shareholding/voting power or

b. Continuity of 100% of original shareholder.

Legal Support and Fast-tracking Patent Examination at Lower Costs

A scheme for Startups IPR Protection (SIPP) for facilitating fast rack filing of Patents, Trademarks and Designs
by Startups has been introduced. The scheme provides for expedited examination of patents filed by Startups.
This will reduce the time taken in getting patents. The fee for filing of patents for Startups has also been reduced
up to 80%.

Panels of facilitators for Patents and Trademark applications have been formed to facilitate the
process of patent filing and acquisition. The facilitators would provide legal guidance and handholding through
the entire patent acquisition process free of cost.

Self-Certification based Compliance Regime:

Compliance norms relating to Environmental and Labour laws have been eased in order to reduce the regulatory
burden on Startups thereby allowing them to focus on their core business and keep compliance costs low.
Ministry of Environment and Forests (MOEF) has published a list of 36 white category industries.
Startups falling under the “White category” would be able to self certify compliance in respect of 3 Environment
Acts.

  1. The Water (Prevention & Control of Pollution) Act, 1974.

2. The Water (Prevention & Control of Pollution) Cess (Amendment) Act, 2003;

3. The Water (Prevention & Control of Pollution) Act, 1981.

Further, Ministry of Labour and Employment (MOLE) has issued guidelines to State Governments whereby Startups shall be allowed to self-certify compliance in respect of Labour laws. These shall be effective after concurrence of States/UTs.

The Acts are :

  1. The Building and Other Constructions Works (Regulation of Employment & Conditions of Service) Act,
    1996.

2. The Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979.

3. The Payment of Gratuity Act, 1972.

3. The Contract Labour (Regulation and Abolition)) Act, 1970.

4. The Employees Provident Funds and Miscellaneous Provisions Act, 1952

5. The Employees State Insurance Act, 1948

So far 9 States have confirmed compliance to the advisory issued by Ministry of Labour and Employment
(MOLE):


1. Rajasthan
2. Uttarakhand
3. Madhya Pradesh
4. Chhattisgarh
5. Delhi
6. Jharkhand
7. Gujarat
8. Chandigarh
9. Daman & Diu

7. Setting up Incubators


Under Atal innovation Mission, Niti Aayog will set up Atal Incubation Centres (AICs) in Public and Private sector.
Niti Aayog has received 3658 applications (1719) from academic institutions and 1939 from non-academic
instution) for setting up Atal Incubation Centres (AICs) from both Public and Private sector organizations.
Under the Mission, a grant in aid of Rs.10 crore would be provided to scale up an existing incubator for a
maximum of 5 years to cover the capital and operational costs in running the centre. Niti Aayog has received
233 applications for providing scale up support for established incubation centres.

8. Setting up of Startup Centres and Technology Business Incubators (TBIs)

14 Startup Centres and 15 Technology Business incubators are to be set up collaboratively by Ministry of
Human Resource Development (MHRD) and the Department of Science and Technology (DST). Out of the 14
Startup Centres, 10 have been approved. Once MHRD releases its share of Rs.25 lakhs each for the Startup
centres, the Startup centres would be supported by DST by December, 2016. Against the target of sanctioning 15 TBIs, 9 TBIs have been approved and other 6 TBIs, 9 TBIs have been
approved and other 6 TBIs are under process of being approved.

9. Research Parks


7 Research Parks will be set up as per the Startup India Action Plan. Out of these 7 IIT Kharagpur already has
a functional Research Park. Further, DST will establish 1 Research Park at IIT Gandhinagar and the remaining
5 shall be set up by Ministry of Human Resource development (MHRD) at IIT Guwahati, IIT Hyderabad, IIT
Kanpur, IIT Kanpur, IIT Delhi and IISc Bangalore.

Eligibility for becoming a Startup Company


The Government of India has announced ‘Startup India’ initiative for creating a conducive environment for startups in India. The various Ministries of the Government of India have initiated a number of activities for the
purpose.

An entity shall be considered as a Startup:

i. Upto a period of ten years from the date of incorporation/ registration, if it is incorporated as a private
limited company (as defined in the Companies Act, 2013) or registered as a partnership firm (registered
under section 59 of the Partnership Act, 1932) or a limited liability partnership (under the Limited Liability
Partnership Act, 2008) in India.

ii. Turnover of the entity for any of the financial years since incorporation/ registration has not exceeded
one hundred crore rupees. The words “Turnover” is as defined under the Companies Act, 2013.

iii. Entity is working towards innovation, development or improvement of products or processes or services,
or if it is a scalable business model with a high potential of employment generation or wealth creation.

Provided that an entity formed by splitting up or reconstruction of an existing business shall not be considered
a ‘Startup’.

An entity shall cease to be a Startup on completion of ten years from the date of its incorporation/ registration
or if its turnover for any previous year exceeds one hundred crore rupees.

Recognition as Startups

The process of recognition of an eligible entity as startup shall be as under:


i. A Startup shall make an online application over the mobile app or portal set up by the DPIIT.


ii. The application shall be accompanied by –

a. a copy of Certificate of Incorporation or Registration, as the case may be, and

b. a write-up about the nature of business highlighting how it is working towards innovation,
development or improvement of products or processes or services, or its scalability in terms of
employment generation or wealth creation.

iii. The DPIIT may, after calling for such documents or information and making such enquires, as it may
deem fit, –

a. recognise the eligible entity as Startup; or

b. reject the application by providing reasons.

Certification of the Inter-Ministerial Board for availing the Tax Benefit under Section 80-IAC

A Startup being a private limited company or limited liability partnership, which fulfils the conditions specified in
sub-clause (i) and sub-clause (ii) of the Explanation to section 80-IAC of the Income Tax Act,1961(Act) may, for
obtaining a certificate for the purposes of section 80-IAC of the Act, make an application in Form-1 along with
documents specified therein to the Board and the Board may, after calling for such documents or information
and making such enquires, as it may deem fit, –

(i) grant the certificate referred to in sub-clause (c) of clause(ii) of the Explanation to section 80- IAC of the
Act; or

(ii) reject the application by providing reasons.

The Board” means the Inter-Ministerial Board of Certification comprising of the following members:
(i) Joint Secretary, Department of Promotion of Industry and Internal Trade, Convener

(ii) Representative of Department of Biotechnology, Member

(iii) Representative of Department of Science & Technology, Member

Post getting recognition a Startup may apply for Tax exemption under section 80 IAC of the Income Tax Act. Post getting clearance for Tax exemption, the Startup can avail tax holiday for 3 consecutive financial years out
of its first ten years since incorporation.

Eligibility Criteria for applying to Income Tax exemption (80IAC)

-The entity should be a recognized Startup

– Only Private limited or a Limited Liability Partnership is eligible for Tax exemption under Section 80IAC

– The Startup should have been incorporated after 1st April, 2016.

Tax Exemption under Section 56 of the Income Tax Act (Angel Tax)

Post getting recognition a Startup may apply for Angel Tax Exemption. Eligibility Criteria for Tax Exemption under Section 56 of the Income Tax Act:

– The entity should be a DPIIT recognized Startup

– Aggregate amount of paid up share capital and share premium of the Startup after the proposed issue
of share, if any, does not exceed INR 25 Crore.

Approval for the purposes of clause (viib) of sub-section (2) of section 56 of the Act:

A Startup shall be eligible for notification under clause (ii) of the proviso to clause (viib) of sub-section (2) of section 56 of the Act and consequent exemption from the provisions of that clause, if it fulfils the following
conditions:

(i) it has been recognised by DPIIT under para 2(iii)(a) or as per any earlier notification on the subject.

(ii) aggregate amount of paid up share capital and share premium of the startup after issue or proposed issue of share, if any, does not exceed, twenty five crore rupees:

Provided that in computing the aggregate amount of paid up share capital, the amount of paid up share capital and share premium of twenty five crore rupees in respect of shares issued to any of the following
persons shall not be included –

(a) a non-resident; or

(b) a venture capital company or a venture capital fund;

Provided further that considerations received by such startup for shares issued or proposed to be issued
to a specified company shall also be exempt and shall not be included in computing the aggregate
amount of paid up share capital and share premium of twenty five crore rupees.

(iii) It has not invested in any of the following assets,

(a) building or land appurtenant thereto, being a residential house, other than that used by the Startup
for the purposes of renting or held by it as stock-in-trade, in the ordinary course of business;


(b) land or building, or both, not being a residential house, other than that occupied by the Startup
for its business or used by it for purposes of renting or held by it as stock-in trade, in the ordinary
course of business;

(c) loans and advances, other than loans or advances extended in the ordinary course of business
by the Startup where the lending of money is substantial part of its business;

(d) capital contribution made to any other entity;


(e) shares and securities;


(f) a motor vehicle, aircraft, yacht or any other mode of transport, the actual cost of which exceeds
ten lakh rupees, other than that held by the Startup for the purpose of plying, hiring, leasing or as
stock-in-trade, in the ordinary course of business;


(g) jewellery other than that held by the Startup as stock-in-trade in the ordinary course of business;

(h) any other asset, whether in the nature of capital asset or otherwise, of the nature specified in sub-
clauses (iv) to (ix) of clause (d) of Explanation to clause (vii) of sub-section (2) of section 56 of the Act.

Provided the Startup shall not invest in any of the assets specified in sub-clauses (a) to (h) for the period of
seven years from the end of the latest financial year in which shares are issued at premium;

Explanation.─ For the purposes of this paragraph,-

(i) “specified company” means a company whose shares are frequently traded within the meaning of
Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations,
2011 and whose net worth on the last date of financial year preceding the year in which shares are
issued exceeds one hundred crore rupees or turnover for the financial year preceding the year in which
shares are issued exceeds two hundred fifty crore rupees.

(ii) the expressions “venture capital company” and “venture capital fund” shall have the same meanings as
respectively assigned to them in the explanation to clause (viib) of sub Section( 2) of Section 56 of the
Act.

A startup fulfilling conditions mentioned in para 4 (i) and para 4 (ii) shall file duly signed declaration in Form 2
to DIPP that it fulfills the conditions mentioned in para 4. On receipt of such declaration, the DPIIT shall forward
the same to the CBDT.

Indian States with Startup policies

States have a vital role to play in promoting the Startup ecosystem. One of the core strengths of India lies in its
diversity, leading to enormous opportunities for cross-learning from each other. Only four State Governments
were actively supporting Startups before the launch of Startup India through a State Startup policy. The Startup
movement across the country was fragmented and there was a need for consolidating standalone efforts.

Emphasis was also required simultaneously to encourage more and more States to undertake new initiatives.
The national priority initiative has led to a wide spread movement across the country and presently 22 States
have their own Startup policies. Many other States and Union Territories (UTs) are in the process of drafting
their policies and operating guidelines.

CONCULSION

The core functioning of an enabling ecosystem in a State is a function of the policy framework and effective implementation of the same. In the journey of developing a conducive Startup community, it is important that States and UTs exchange and adopt good practices undertaken by each other. Another important role of State is to reduce the regulatory burden on budding Startup founders by simplifying labour, taxation, land, and other laws and regulations under the State purview. Many States are organizing hackathons, boot camps, pitching sessions to promote Startups. Several other States have already begun to actively setup world class incubators for Startups across various sectors.

WAY FORWARD

However, a significant effort is required to accelerate the pace of these initiatives to be at par with the pace of growth of Startups. Concerted initiatives by States will accelerate the growth of Startup ecosystems in their respective territories and transform the country into a flourishing Startup Nation.

WEBSITES REFERRED

  1. https://icsi.edu/media/webmodules/SBEC_BOOK_2020.pdf
  2. http://cellit.in/modis-startup-india-gains-momentum-from-it-sector/
  3. https://www.inventiva.co.in/stories/parul/why-indian-startup-eco-system-is-one-of-the-most-frustrating-and-worst-eco-system-in-the-world/

Corona’s impact on sports honors

National Sports Award Ceremony may be postponed for 1 or 2 months, scheduled to be held in Rashtrapati Bhavan on August 29
The last time President Ramnath Kovind honored Deepa Malik with the Rajiv Gandhi Khel Ratna Award. Deepa has won a silver medal in the Paralympics.A sports ministry official said that the final decision in this matter is yet to come from Rashtrapati Bhavan.This time the names of cricketer Rohit Sharma, athlete Hima Das and wrestler Vinesh Phogat were sent for Khel Ratna. Apart from these, the names of Neeraj Chopra (Javelin Throw), Monica Batra (Table Tennis) and Women Hockey Team Captain Rani Rampal have also been sent for Khel Ratna. At the same time, Paralympian Deepa Malik and wrestler Bajrang Punia received this award last year. Right now, the safety of the people is the priority of all of us. “.
The program is held on the birth anniversary of Major Dhyan Chand

This year the National Sports Award Ceremony can be postponed for a month or two due to coronavirus. A Sports Ministry official said that the final decision in this matter is yet to come from Rashtrapati Bhavan. The Rajiv Gandhi Khel Ratna, Arjuna, Dronacharya and Dhyanchand Awards are given by the President on 29 August every year. This ceremony is also held in Rashtrapati Bhavan itself.

This time due to Corona, applications for sports awards were called for the first time through e-mail. Usually the process of sending nominations starts in April itself.
Name of Neeraj Chopra and Rani Rampal also sent for Khel Ratna

National Sports Day is celebrated every year on 29 August on the birth anniversary of hockey player Major Dhyan Chand. On this occasion, awards are given in a simple ceremony held in Rashtrapati Bhavan. Khel Ratna is India’s highest sporting award. It is named after former Prime Minister Rajiv Gandhi. Every year it is given to the best player in the country. The player is awarded with a prize of Rs 7.5 lakh and a statue. At the same time, the player who wins the Arjuna Award is given five lakh rupees.

Bigg boss 4

The biggest reality show of India is planning for bigg boss 4 in telugu,a special ad is shooted with safe king Nagarjuna

The bigg boss team is planning to start the show from August 30

also the team is planning to send housemates to isolation for 14 days,this season is only go to held for 70 days,the winners get prize money 50 lakhs

The bigg boss 4 Telugu is going to be telcast in star mana and hotstar

Nuclear Weapon

World has seen two world wars. Last one demonstrated the overwhelming intensity of the atomic weapon. Japan and the individuals of influenced district despite everything feeling the effect of the equivalent. After that they changed their course to turn into a radical country. In any case, after that race began among the countries to obtain the atomic weapons ability. After the USA, Russia, China, India, France, Germany, Britain, India, Pakistan, etc, all contended with one another to obtain the edge in atomic reserves. This spread of atomic weapons abilities with numerous countries brought forth the two perspectives. One this is danger to the endurance of world and present age. Second that it is technique for prevention for foe countries and they attempt to stay away from war-like circumstance. Anyway the two perspectives are introducing outrageous perspectives. Positively atomic weapons are danger for nations. Also, imagining that advancement of atomic weapons by every significant country will go about as prevent, isn’t right view all .

The view that atomic weapons capacity with all countries, will in the long run bring harmony for the world, is thinking like arm each resident of a country and it will end the viciousness from the nation. War isn’t all around thought and pre-arranged thing, it is chosen by the few conditions. We can take instances of the universal wars. An occasion may broke the war. Anyway the greatness of the war is chosen by the verifiable, international, prudent and a lot more factors. In this way, world can sit loosen up that every single significant force have atomic weapons capacity, so it will acquire the harmony the world. On the off chance that that had case, nations would not have expanded their safeguard financial plan.

Nations have diverse household political conditions For example India has vote based system since after independence,Pakistan has semi-majority rule political framework and barrier related issues are to a great extent managed by the Pakistani armed force, Myanmar is administered by the military. So this household governmental issues, additionally impacts the dynamic in the safeguard and wars. Any off-base and dictator choice may bring the war-like circumstance and afterward no body can ensure that atomic weapons nations retreat from war. A year ago North Korea, arranged its atomic rocket against the USA, regardless of realizing that the USA is a long ways ahead in guard. Little issues may grow into greater things. We have to deal with those things.

Most huge danger originates from non-state on-screen characters like fear based oppressors associations and gatherings. Late development is one such model and his expanding impact represents a major test for the world. The significant thing for world to ensure atomic ‘know-how’ and atomic material from these associations. Indeed, even India is positioned 18 out of 25 atomic prepared nations, in issues of atomic insurance. This is most exceedingly terrible for nations like Pakistan, North Korea and west Asian countries. Accordingly, here even least of prevention thing won’t work, pondering harmony is a long ways ahead.

This view just work in the condition that each country and different partners acknowledge ‘tit for tat will make entire world visually impaired’. Be that as it may, this is just dream. In this way, there is have to take activities from countries side from various levels-national, global and common society. Nations has acknowledge that equipping themselves is no arrangement from any contention rather they have to finance the peaceful strategic approaches to discover the questions with different nations. Gandhi ji utilized just weapons of harmony and peacefulness to remove the strong British. Nations like India additionally support for Nuclear demobilization, anyway it ought to be managed without leaving any restrictive class of countries. As ground-breaking countries attempted in past by bringing the understandings like Comprehensive Test Ban Treaty, which attempted to shield barely any countries from keeping atomic weapons capacity. Universal bodies like UN need to receive way to deal with battle against this. Anyway this is too rely on countries’ drives.

Nations has constrained assets particularly creating and immature. What’s more, they heap number of issues neediness joblessness, hunger, lack of healthy sustenance, insufficient sanctuary, sickness trouble, etc. Regardless of this circumstance they are occupying their assets to store an ever increasing number of atomic weapons. Will these abilities feed anybody poor? World needs to meet up to end this race and danger to our own reality. Harmony on the planet must be acquired when we end the enmity for different countries, different races, different religions. This will be fitting technique approach the questions. At that point they can be illuminated without scorn, without savagery.

Media Publicity and its importance

In order to sell any products or services, your customers have to know that your business exists. Publicity is the process of creating public awareness of your business, brand, products, or services through media coverage and other forms of communication

Media coverage has unique advantages as a promotional strategy. After more than 30 years, Media Relations is a recognized expert in arranging product publicity. Following are really good reasons why one should make media coverage one of their marketing priorities.
Media stories put a face on your company. When your spokesperson is featured in the news, you have the opportunity to build trust and credibility with your audience.
You can make an emotional connection with your audience. We all prefer to do business with people we like. When consumers see a likable, knowledgeable person saying nice things about your product in a news story, they’re more apt to have a positive opinion about your company.
News stories cause audiences to pay attention. Media Relations’ publicists are experts at getting the media to pay attention to your story. In turn, reporters and producers are experts at positioning stories so that their audiences will pay attention to your message.

Importance Of Media Publicity

A business firm can get various benefits from use of publicity as promotion mix . Its credibility, greater number of readers, adequate information, low cost and greater speed of passing information are the main causes to make it important.

  1. Credibility
    As sponsor is not mentioned or not identified in publicity, the information and message about goods or services communicated by independent source become more credible and dependable.
  2. Greater readership
    As information and messages about goods or services are communicated mostly through important newspapers or other media , greater number of readers can read the information and messages published in them. So, sometime publicity plays an important role of promotion.
  3. Contains more information
    Publicity is used as more information and messages can be included in it than in other promotion methods , specially, advertisement. Many aspects of goods or services of business firm can be covered in special feature articles.
  4. Cost benefit
    Not so considerable cost is needed in publicity. Advertisement is a costly method of promotion, but publicity is comparatively much economical method. In other words, if calculated the cost for advertisement, more benefits can be received from publicity.
  5. Speed
    Speed is another importance of publicity. It is the faster means for communication , information and messages about firm and its goods or services. Publicity has greater speed to reach the public.

Development Goals and Poverty

A definitive emergency that the present world is managing is hunger and poverty. Numerous Asian and African nations are tormented by this overwhelming danger. India, however hailed for its destitution easing results, has over 20% of its populace underneath the neediness line. The satisfaction of essential necessities of an individual ought to be a crucial human right regardless of sex, age, area, individual capacities and so forth. The pioneers of the world have understood this danger. The UN specifically has thought of thousand years Developmental Goals comprising of eight objectives, each setting focuses for on some human emergency. Among them, destitution is the greatest concern.

Millennium Developmental Goals set up numerous objectives (around 18) under 8 fundamental classification for each nation that is a signatory to it. It says that each ought to diminish half of their destitution from 1990 to 2015. There are different focuses for kid mortality, maternal mortality, essential instruction, sexual orientation difference in training, sicknesses like AIDS and Malaria and maintainable and impartial development. Every one of the above disturb destitution, so every single one of the objectives is basic for diminishing neediness.

Presently it is as of now 2015 and appraisals have been finished. UN says that India and China have accomplished a great work for accomplishing the objectives. Nonetheless, on numerous different fronts, the upgrades were not seen according to the objectives set. Indeed, even if there should be an occurrence of neediness, irrefutably the number for example around 30 crore, is sufficiently tremendous to demonstrate that this emergency despite everything poses a potential threat.

Objectives and their appraisal is basic to neediness easing. The current status of neediness i.e. its evaluation is the first step. Realizing this will empower us to know how greater the emergency it. Plans to ease it are required and they ought to be slow and feasible. Objectives and measuring sticks need to set dependent on our financial limit. After this stage, evaluation is required to be done yearly, to know how we have fared and is these approaches working agreeably or any arrangement changes are required. In this manner improvement objectives are exceptionally essential. What’s more, accomplishment of MDG further requires the utilization of these in future.

After British left, the things that were left in India were mass neediness, hunger, starvation, absence of education, plagues and so forth. The principal thing the Indian head did was to evacuate neediness. This was remembered for the first FYP at a high need . The bound farming was resuscitated. Land proprietorship was allowed to turners. This guaranteed India become adequate in food and grains. Demonstrating food security is the essential alleviation to this emergency.

Destitution was decreased somewhat yet just in relative terms. The total figure developed. Till now, govt of India has propelled a few plans to mitigate neediness. To guarantee that everybody at any rate get enough food, the govt began general open conveyance framework. Nonetheless, infer able from its huge, monetary weight made, the govt began focused on PDS which would give grains, heartbeats, oil seeds and sugar at a sponsored rates to those underneath destitution line. Anyway as of late, Food Security Act was passed which ensured each resident to go without hunger.

There were endeavors to lessen joblessness. The option to work and get compensation as referenced in DPSP was conceded completely. MGNREGS which ensured work to those jobless, and in the event that when govt can’t give, it needs to give 100 days-proportional cash to that individual. This plan at any rate guarantees that every family can have certain base wages. In Agriculture there are minimal ranchers and landless turners who are either poor or very nearly it. Govt has attempted to support agribusiness and declared MSP to different items, for example, rice and wheat to guarantee least pay age to the ranchers. There have been many harvest protection plans and arrangement of modest credit began by the govt, in any case a postponed storm or an awful climate would make numerous ranchers poor.

Be that as it may, India has far to go before all its residents head to sleep with their gut loaded up with enough and nutritious food. There are four standards on food security – accessibility, openness, adequacy and sustenance. A poor must have these. PDS have been an epic fall flat in numerous states, principally in massively populated state. A more focused on approach state astute ought to be given accentuation on. The govt of BIMARU states ought to be approached to take measure against destitution ace effectively. The advantages ought to be made accessible exhaustive direct money move, however, the initial step has just been taken by our PM through PMJDY which will guarantee monetary consideration. This progression will close the spillage in existing TPDS. The MGNREGS has been fruitful, so there ought not be any further endeavor by the govt to slice the cash appropriated to it, as the govt has just cut assets in this spending plan.

The world is constantly tolerating free enterprise economy. Without govt intercession and enough well being net for poor people, it will just bring about formation of numerous poor. The advantages from stream down impact of private enterprise is too pitiful to even consider uplifting the money related status of an individual from lower monetary layers. This bleak circumstance requires a significantly bigger joint effort on a worldwide scale. The created nations should bear greater obligation to diminish neediness from different nations.

India should focus on its advancement objectives in BIMARU states, particularly Bihar and UP on a need premise. Per capital GDP of these states is low so our govt ought to make favorable condition for business here. The execution of the current midway supported plans ought to be made powerful. Thee less fortunate states on per capital premise ought to get more awards. The govt should give more weight on training at essential level, fundamental medicinal services, budgetary incorporation, well being net of crippled, old, ladies and kids, crop protection, less expensive credits to ranchers and little scope ventures, business age rather than jobless development, and benefits or standardized savings. Just better arranging, viable usage and focused on approach can fathom this danger.

Concept of Writs In India

 

A Writ is a formal written order issued by a government entity in the name of the sovereign power. In most cases, this government entity is a court. In modern democratic countries, the administrative authorities are vested with vast discretionary powers. The exercise of those powers often becomes subjective in the absence of specific guidelines etc. Hence the need for a control of the discretionary powers is essential to ensure that ‘Rule of Law’ exist in all governmental actions. The judicial review of administrative actions in the form of writ jurisdiction is to ensure that the decisions taken by the authorities are legal, rational, proper, just, fair and reasonable. Safeguard of fundamental rights and assurance of natural justice are the most important components of writ jurisdictions

Writs are meant as prerogative remedies. The writ jurisdictions exercised by the Supreme Court under article 32 and by the high courts under article 226, for the enforcement of fundamental rights are mandatory and not discretionary. But the writ jurisdiction of high courts for ‘any other purpose’ is discretionary. In that sense the writ jurisdiction of high courts are of a very intrinsic nature. Hence high courts have the great responsibility of exercising this jurisdiction strictly in accordance with judicial considerations and well established principles. When ordinary legal remedies seem inadequate, in exceptional cases, writs are applied.

 

Types of Writs:

 

1. Habeas Corpus:  The meaning of the Latin phrase Habeas Corpus is ‘have the body’. According to Article 21, “no person shall be deprived of his life or personal liberty except according to the procedure established by law”. The writ of Habeas corpus is in the nature of an order directing a person who has detained another, to produce the latter before the court in order to examine the legality of the detention and to set him free if there is no legal justification for the detention. It is a process by which an individual who has been deprived of his personal liberty can test the validity of the act before a higher court.

The objective of the writ of habeas corpus is to provide for a speedy judicial review of alleged unlawful restraint on liberty. It aims not at the punishment of the wrongdoer but to resume the release of the retinue. The writ of habeas corpus enables the immediate determination of the right of the appellant’s freedom. In the writs of habeas corpus, the merits of the case or the moral justification for the imprisonment or detention are irrelevant. In A.D.M. Jabalpur v. Shivakant Shukla , it was observed that “the writ of Habeas Corpus is a process for securing the liberty of the subject by affording an effective means of immediate relief from unlawful or unjustifiable detention whether in prison or private custody. If there is no legal justification for that detention, then the party is ordered to be released.”

 

2. Certiorari: The writ of Certiorari is generally issued against authorities exercising quasi-judicial functions. The Latin word Certiorari means ‘to certify’. Certiorari can be defined as a judicial order of the supreme court or by the high courts to an inferior court or to any other authority that exercise judicial, quasi-judicial or administrative functions, to transmit to the court the records of proceedings pending with them for scrutiny and to decide the legality and validity of the order passed by them. Through this writ, the court quashes or declares invalid a decision taken by the concerned authority. Though it was meant as a supervisory jurisdiction over inferior courts originally, these remedy is extended to all authorities who issue similar functions.

The concept of natural justice and the requirement of fairness in actions, the scope of certiorari have been extended even to administrative decisions. An instance showing the certiorari powers was exercised by the Hon’ble Supreme court in A.K.Kraipak v. Union of India, where the selection was challenged on the ground of bias. The Supreme Court delineated the distinction between quasi judicial and administrative authority. The Supreme Court exercising the powers issued the writ of Certiorari for quashing the action. Certiorari is corrective in nature. This writ can be issued to any constitutional, statutory or non statutory body or any person who exercise powers affecting the rights of citizens.

 

3. Prohibition:  The grounds for issuing the writs of certiorari and prohibition are generally the same. They have many common features too. The writ of prohibition is a judicial order issued to a constitutional, statutory or non statutory body or person if it exceeds its jurisdiction or it tries to exercise a jurisdiction not vested upon them. It is a general remedy for the control of judicial, quasi judicial and administrative decisions affecting the rights of persons.

The writ of Prohibition is issued by the court exercising the power and authorities from continuing the proceedings as basically such authority has no power or jurisdiction to decide the case. Prohibition is an extra ordinary prerogative writ of a preventive nature. The underlying principle is that ‘prevention is better than cure.’ In East India Commercial Co. Ltd v. Collector of Customs, a writ of prohibition is an order directed to an inferior Tribunal forbidding it from continuing with a proceeding therein on the ground that the proceeding is without or in excess of jurisdiction or contrary to the laws of the land, statutory or otherwise.

 

4. Mandamus:  The writ of mandamus is a judicial remedy in the form of an order from the supreme court or high courts to any inferior court, government or any other public authority to carry out a ‘public duty’ entrusted upon them either by statute or by common law or to refrain from doing a specific act which that authority is bound to refrain from doing under the law. For the grant of the writ of mandamus there must be a public duty. The superior courts command an authority to perform a public duty or to non perform an act which is against the law. The word meaning in Latin is ‘we command’. The writ of mandamus is issued to any authority which enjoys judicial, quasi judicial or administrative power. The main objective of this writ is to keep the public authorities within the purview of their jurisdiction while performing public duties. The writ of mandamus can be issued if the public authority vested with power abuses the power or acts mala fide to it. In Halsbury’s Laws of England , it is mentioned that, “As a general rule the order will not be granted unless the party complained of has known what it was required to do, so that he had the means of considering whether or not he should comply, and it must be shown by evidence that there was a distinct demand of that which the party seeking the mandamus desires to enforce and that that demand was met by a refusal.”

 

5. Quo Warranto: The word meaning of ‘Quo warranto’ is ‘by what authority’. It is a judicial order against a person who occupies a substantive public office without any legal authority. The person is asked to show by what authority he occupies the position or office. This writ is meant to oust persons, who are not legally qualified, fro substantive public posts. The writ of Quo warranto is to confirm the right of citizens to hold public offices. In this writ the court or the judiciary reviews the action of the executive with regard to appointments made against statutory provisions, to public offices .It also aims to protect those persons who are deprived of their right to hold a public office.

In University of Mysore v. Govinda Rao, the Supreme Court observed that the procedure of quo Warranto confers the jurisdiction and authority on the judiciary to control executive action in making the appointments to public offices against the relevant statutory provisions; it also protects a citizen being deprived of public office to which he may have a right.

How smartphone changed a way in photography

From film reels to memory cards to cell phones, it seems perfectly logical to trace the roots of the last dozen seismic shifts in photography to the physical devices used to capture images, but an exhibit at the Center for Photography at Woodstock has taken a more philosophical approach to the rise of smartphones and their drastic impact on the way we use and respond to photography.
The Space Between: Redefining Public and Personal in Smartphone Photography is curated by photographer and film maker Henry Jacobson, and through a survey of 10 photographers, one collective and one collaborative project, delves into the never-ending debate around smartphones and their function as cameras capable of capturing a moment in time and distributing it all over the world in a matter of seconds.
“Photography has always depended on technology, and every change in technology has affected the history of photography, but the smartphone, in its nature, is a device that is not for photography. It’s a device that is for communication ,”It makes perfect sense that a new kind of photography would evolve.”

Covaxin – The Indian counter to the COVID pandemic

By Udbhav Bhargava

India’s drug regulator, the Central Drugs Standard Control Organization, has approved human clinical trials to be performed for ‘Covaxin’ This was the first indigenous Covid-19 vaccine candidate to obtain this approval. Such trials are expected to begin in July across India. The vaccine is being developed by the Bharat Biotech India (BBIL) and National Institute of Virology (NIV), Pune. The latter, with the assistance of Indian Council of Medical Research, isolated a strain of the virus from an asymptomatic Covid-19 patient and transferred it to BBIL. The vaccine is scheduled to launch on the 74th Independence Day.

There are 2 types of vaccines

  • Live-attenuated vaccines
  • Inactivated vaccines 

Weakened (or attenuated) germ shape which causes a disease. Since these vaccines are so close to the natural infection that they help prevent, they build an immune response that is effective and enduring. Only 1 or 2 doses of the majority of live vaccines will provide protection against a germ and the illness it triggers for life.

Live vaccines are used to protect against:  MMR combined vaccine

  • Rotavirus 
  • Smallpox  
  • Chickenpox 
  • Yellow fever

Inactivated vaccines use the destroyed, disease-causing form of the germ. Inactivated vaccines typically do not have as high immunity (protection) as live vaccines-booster shots. Inactivated vaccines appear to have a better record of health. Inactivated vaccines are used to protect against:

  • Hepatitis A 
  • Flu   
  • Polio
  • Rabies

Vaccine Development – Explained

General stages of a vaccine’s growth process are 1. Stage 2 Exploratory. Phase 3 Pre-clinical. Clinical Evolution 4. Examination and approval of regulations5. Fabrication 6. Clinical development: Quality assurance

Clinical development is a process which takes three phases. Until being considered safe and appropriate for general use, new medications will move through all three stages of clinical trials. If the initial tests are successful, this Coronavirus vaccine may last 12 to 18 months until it is ready for public use.

Phase 1 

Phase 1 trials evaluate a small number of people who undergo specific doses of an experimental drug, usually between 20 and 80. Researchers track how each volunteer metabolizes the given medication over the course of several months, and what specific side effects occur in response to various doses.

Phase 2 

Phase 2 trials typically examine several hundred people and monitor participants for periods of from several months to two years.  Primarily, Phase 2 trials serve as a secondary measure of safety and help researchers to refine the dosing of a particular medication. Researchers are currently selecting participants with characteristics, such as age and physical health, that match those of the people for whom the vaccine is being produced. Of example, although anyone may contract COVID-19, those of advanced age and those with chronic illnesses are more likely to experience serious symptoms and this should be seen in Phase 2 studies.

Phase 3

Stage 3 trials usually follow 300 to 3,000 participants in one to four years. Researchers can take note of unusual side effects of the drug with a larger group of people, and by extending the study period, they can catch long-term side effects as they arise. Phase 3 trials must show that a given medication offers the medical benefits it’s meant to.

Phase 4

Upon approval by the regulator, the company will constantly monitor the use of its vaccine on patients and apply reports of post-marketing surveillance, which will test for any possible adverse effects of the drug over the long term.

DOES THE “WANT” WANTS YOU?

We started off life with misconceptions about happiness and why our expectations aren’t so good.We’ve seen we don’t want them as much as we think, or if we want to make them good, we have to put these effortful practices in to get as much out of them as we want. First shot isn’t the perfect shot of everyone for anything in this world , as the relatable quote goes “third time’s the charm”. Don’t stick to the art of perfection , stick to the art of righteousness. This case of choosing righteousness tends miswanting , that we tend to want the wrong things.Well, it happens because of these crazy biases, these annoying features of our mind that mess us up.We can have strategies we can use to intentionally change our biases.One set of strategies is that we want to find ways to want happiness in an organic way. we want to savor, we want to be grateful, we want to break off this natural process that makes us stop loving the things that we love.strategies that we can use to reset our reference points, reframe things so that they seem better. Lots of strategies do that.The fact that our mind is delivering to us intuitions about what we want that just seem to be wrong.Things you should be wanting but don’t currently want. And there are going to be kind of two flavors of these things. One set of better ways of wanting are wanting the right parts of the things that we already do want. Those things that we wanted are there for some reason. Getting to the right parts of those things , second part which is totally new things that many of you have not said that you wanted yet or don’t think you want yet that are actually going to give you a lot of bang for your buck; things that you don’t realize are really, really good but are the kinds of things that are going to have a much bigger impact on how happy you are. The stuff that we know that we want some version of, but we kind of get what part we want wrong.

They tend to be morally valued in most moral systems of the world. They tend to be the kind of virtues that don’t make other people feel bad. So they’re not something that like you have. To be referred to those things as your signature strengths, and just defined as these are the ones, these character strengths that are kind of not just that you have really strongly but that you feel are kind of essential to who you are. You feel as almost like meaningful when you think about them.It can differ as time manages to slid off its way possible into your indecisiveness , choosing wisely wanting something which is rational and sensible up to the mark of your satisfaction is what makes it right.

How will the ban of TikTok and other Chinese apps be enforced; what will be the impact?

The fresh action opens an all-new chapter in the growing tensions between India and China over the Ladakh border, which is gradually spilling over into the world of business, e-commerce and now mobile Apps.

A day before the third round of talks between Indian and Chinese military commanders to resolve the border stand-off, the government on Monday “blocked” as many as 59 Chinese Apps, including popular ones such as TikTok, UC Browser, WeChat, Shareit and CamScanner, for “engaging in activities which are prejudicial to sovereignty and integrity of India, defence of India, security of state and public order”.
The move against the “malicious Apps”, announced by the information technology ministry, came after several complaints of stealing of user data, which was allegedly being surreptitiously transmitted to servers located outside India, the government said, without naming China.

The ban has been enforced under Section 69A of the Information Technology Act, 2000 (“Power to issue directions for blocking for public access of any information through any computer resource”).

The notification is expected to be followed by instructions to Internet service providers to block these apps. Users are likely to soon see a message saying access to the apps has been restricted on the request of the government. Further downloads of these apps are likely to be blocked on Google’s Play Store and Apple’s App Store.

The major impact of the ban will be on the Indians, using Helo, Likee and other similar apps, who are not comfortable in English. Also, most of these platforms have Indian creators, for many of whom this is the only source of income. Many of these apps have offices and employees in India, and a few thousand jobs could be at stake.

TikTok was banned in India on the order of the Madras High Court for a few days last year, but it came back soon after the court vacated the ban. This action, however, is more sweeping, impacts more apps, and has been taken in a specific strategic and national security context. It could be a warning to bigger Chinese businesses in India, and to China itself.

Jiribam-Imphal railway line project

By Udbhav Bhargava

The Jiribam-Imphal railway line connects the Imphal, Manipur’s capital city, to the rest of India via the Indian Railway network. The ambitious project for the railway line, which was declared a national project, was taken up in 2008. The project has a Rs 13,809 crore budget and the line is scheduled to finish by March 2022.

The railway line from Jiribam-Imphal will have 149 bridges and 52 tunnels along the path that will have to pass through steep hills. The line will also boast the tallest railway girder bridge on Indian Railways (bridge number 164) with a pier height of 141 metres, nearly twice as high as Qutab Minar.

North east state capitals Railway connectivity

Assam, Arunachal Pradesh and Tripura’s capitals have already been connected by a wide network of gauge rail. Work has been taken on new broad gauge lines to link the other state capitals – 1. Shillong (Meghalaya) 2. Manipur (Imphal) 3. Kohima (Nagaland) 4. Mizoram (Aizawl)

An Important Bridge completed

The girders for Bridge number 44, part of the upcoming railway line Jiribam-Imphal, were launched over the Makru River in Tamenglong District, Manipur. The newly launched bridge is Indian Railways’ first ever 100-metre-high pier bridge. The pier bridge, 100 meters long, is the size of a 33 story building. The bridge spans 555 metres. Bridge 164 – The tallest girder rail bridge Over River Ijai  Near Noney town, Manipur  141m height  Trains can pass over it at 120kmph speed

Difficulties in construction work

Many militant organizations are active in the region, so safety and security was a major issue for the construction workers. Thus, Territorial Army-119 Unit battalion was deployed. Construction sites are extremely remote, access is very difficult for both man and machine. The heavy girders were transported by custom made trucks. Torrential rains, extreme weather, steep hills and forests have been major concerns to be considered.

Formation of LLP in India

CONCEPT OF LLP

DEFINITION OF LLP

LLP is a corporate business vehicle that enables professional expertise and entrepreneurial initiative to combine
and operate in flexible, innovative and efficient manner, providing benefits of limited liability while allowing its
members the flexibility for organizing their internal structure as a partnership.

The Limited Liability Partnership Act, 2008(LLP Act) does not provide an exhaustive definition. Sub-section (n)
of section 2 of the Act states that “limited liability partnership” means a partnership formed and registered under
this Act.

NATURE AND CHARACTERISTICS OF LLP

1. The LLP is a body corporate having separate entity from its partners and perpetual succession.

2. An LLP in India is governed by the Limited Liability Partnership Act, 2008 and, therefore, the provisions
of Indian Partnership Act, 1932 are not applicable to it.

3. Every Limited Liability Partnership shall use the words “Limited Liability Partnership” or its acronym
“LLP” as the last words of its name.

4. An LLP is a result of an agreement between the partners, and the mutual rights and duties of partners
of an LLP are determined by the said agreement subject to the provisions of LLP Act, 2008.

5. The LLP being a separate legal entity is liable for all its assets, with the liability of the partners limited only to the amount of contributed by them just like a company. No partner will be individually liable for any wrongful acts of other partners. However if the LLP was formed for the purpose of defrauding creditors or for any fraudulent purpose, then the liability of the partners who had the knowledge will be unlimited.

6. There must be at least two designated partners in every LLP of whom one shall be resident in India.

7. Every LLP shall maintain annual accounts to show its true state of affairs. It must prepare a statement of accounts and solvency every year and file with the Registrar.

8. The Central Government may, whenever it thinks fit, investigate into the affairs of an LLP by appointing a competent Inspector.

9. A firm, private company or an unlisted public company have the option to convert itself into LLP as per the provisions of the Act. Upon such conversion, the Registrar will issue a certificate to that effect. After issuance of a certificate of registration, all the property of the firm or the company, all assets, rights, obligations relating to the company shall be vested in the LLP so formed, and the firm or the company stands dissolved.

10. The name of the firm or the company is then removed from the Registrar of Firms or Registrar of Companies, as the case may be. Like the company, an LLP can be wound up either voluntary or by the Tribunal established under the Companies Act, 2013

11. The LLP Act 2008 also enables the Central Government to apply the provisions of the Companies Act whenever it thinks appropriate.

ADVANTAGES OF LLP

  1. Easy to form: Forming an LLP is an easy process. It is less complicated and time consuming unlike the process of formation of a company.

2. Liability: The partners of the LLP is having limited liability which means partners are not liable to pay the debts of the company from their personal assets. No partner is responsible for any other partner’s misconduct.

3. Perpetual succession: The life of the Limited Liability Partnership is not affected by death, retirement or insolvency of the partner. The LLP will get wound up only as per provisions of the LLP Act.

4. Management of the company: An LLP has partners, who own and manage the business. This is different from a private limited company, whose directors may be different from shareholders.

5. Easy transferability of ownership: There is no restriction upon joining and leaving the LLP. It is easy
to admit as a partner and to leave the firm or to easily transfer the ownership to others.

6. Taxation: an LLP is not subject to Dividend Distribution Tax. (DDT). Distributed profits in the hands of
the partners is not taxable. For Income Tax purposes, LLP is treated on par with partnership firms.

7. No compulsory audit required: Every business has to appoint an auditor for checking the internal
management of the company and its accounts. However, in the case of LLP, there is no mandatory audit required. The audit is required only in those cases where the turnover of the company exceeds Rs 40 lakhs and where the contribution exceeds Rs 25 lakhs.

8. Fewer compliance requirements: An LLP is much easier and cheaper to run than a private limited company as there are just three compliances per year. On the other hand, a private limited company has a lot of compliances to fulfil and has to compulsorily conduct an audit of its books of accounts.

9. Flexible agreement: The partners are free to draft the agreement as they please, with regard to their rights and duties.

10. Easy to wind-up: Not only is it easy to start, it is also easier to wind-up an LLP, as compared to a private limited company.

DISADVANTAGES OF LLP

  1. Restricted Access to Capital Markets: LLPs are small form of business and cannot get its shares listed in any stock exchange through initial public offerings. With this restriction, limited liability partnerships may find it difficult to attract outside investors to buy the shares.

2. Rights of partners: An LLP can be structured in such a way that one partner has more rights than another. So it isn’t a one vote per share system. So, some lesser partners may feel compromised if higher shareholders choose to move the business in a direction that affects their interests.

3. Public Disclosure of LLP Information: A LLP must file its Annual Returns, Financial Statements etc to the Registrar of LLPs annually. Which become public document once filed with Registrar of LLPs and may be inspected by general public including competitors by paying some fees to the Registrar of LLPs. Information disclosure can make an entity competitively disadvantaged. Competitors – especially those not required to disclose any documents – can access that information and use it to improve their own business.

4. Limitations in Formation of LLP: LLP cannot be formed by a single person. A non – resident Indian and a Foreign National willing to form a LLP in India must have one person resident in India to act as Designated Partner. Further FDI in LLP is allowed only through government route only and that too in those sectors only where 100% FDI is allowed under automatic route under the FDI Policy. This limitation makes LLP an unattractive form of business.

5. Offenses and penalties: Limited Liability Partnership Act, 2008 provides that for non-compliance on procedural matters such as delay in filing of e-forms, one has to pay default fee for every day for which the default continues. Such default fee would be payable at the rate of rupee one hundred per day after the expiry of the date of filing up to a period of three hundred days. The offense can result in either:-

(i)through payment of fine or

(ii) through payment of fine as well as imprisonment of the offender.

6. Exit Options are Not Easy for LLPs in default of Filings: A LLP who has defaulted in filings its
statement of accounts and annual return with the Registrar of LLPs, willing to shut down its operations
and wind up, will have to make its default good first by filing necessary e-forms with late filing fee. This
provision is making LLP an unattractive form of business as in India there are many businesses that are
ignorant about compliances.

7. Limitation in External Commercial Borrowings (ECB): Limited Liability Partnerships are not allowed
to raise ECB. Therefore, a LLP cannot avail commercial loans from its foreign partners, FIIs, Foreign
Banks, and any financial institution located outside India.

PROCEDURE FOR AN INCORPORATION OF LLP

The incorporation document shall be filed in Form FiLLiP (Form for incorporation of Limited Liability Partnership)
with the Registrar having jurisdiction over the State in which the registered office of the limited liability partnership
is to be situated.

If an individual required to be appointed as designated partner does not have a DPIN or DIN,application for allotment of DPIN shall be made in Form FiLLiP The application for allotment of DPIN shall not be made by more than two individuals in Form FiLLiP: an application for reservation of name may be made through Form FiLLiP: Provided also that where an applicant had applied for reservation of name under rule 18 in Form RUN-LLP (Reserve Unique Name-Limited Liability Partnership) and which has been approved, he may fill the reserved name as the proposed name of limited liability partnership.

THE SUMMARIES PROCEDURE FOR

Incorporation of LLP is as under:

  1. Procure DSC and DIN:

Procure DSC and DIN for the individuals acting as Designated Partners of LLP. A person, who already has a DIN, is not require to obtain any new DIN. Existing DIN to be used for Designated Partner (However, DIN should have all latest details such as resident of India, name, address etc.). Any person proposed to become the Designated Partner in a new LLP shall have to make an application through eform FiLLiP. An application for allotment of DIN up to two Designated Partners, shall be filed in an e-form FILLiP with the Registrar, in case of proposed Designated Partners not having approved DIN.

2. Name reservation: The first step in incorporation of an LLP is reservation of name of the proposed LLP. There
are two ways of reserving name of the proposed LLP.

i. File an application under LLP-RUN for ascertaining availability and reservation of the name of an LLP.

ii. Name can be proposed in eform FiLLiP, an application for incorporation of LLP.

3. Incorporate LLP: After reserving a name under LLP-RUN, applicant should file eform FiLLiP for incorporating a
new LLP. eform FiLLiP contains the details of LLP proposed to be incorporated, Partners’/ Designated Partners’
details and consent of the Partner/ Designated Partners to act as Partners/ Designated Partners. On approval
of the form, the RoC will issue the certificate of incorporation.

Where the Registrar, on examining Form FiLLiP, finds that it is necessary to call for further information or
finds such application or document to be defective or incomplete in any respect, he shall give intimation to the
applicant to remove the defects and re-submit the e-form within fifteen days from the date of such intimation
given by the Registrar.

After re-submission of the document, if the Registrar still finds that the document is defective or incomplete in
any respect, he shall give one more opportunity of fifteen days time to remove such defects or deficiencies:
Provided that the total period for re-submission of documents shall not exceed thirty days.

Documents to be attached with form FiLLiP:

i. Consent of the partners.

ii. In case of the partners who are body corporates, certified true copy of the board resolution is passed by such body
corporate partners.

iii. Proof of address of registered office of LLP.

iv. Subscribers’ sheet including consent.

v. Detail of LLP(s) and/ or company(s) in which partner/ designated partner is a director/ partner.

vi. Copy of approval obtained from any sectoral regulator/in-principle approval.

vii. Identity and address proof of individuals acting as Partner and/or Designated Partner.

viii. List of main objects of an LLP.

ix. If the name proposed is liked to registered trademark, NoC from the trade mark owner.


x. NOC of foreign body corporate for usage of name (In case of foreign entities intending to incorporate
LLPs in India).

WEBSITES REFERRED

  1. https://icsi.edu/media/webmodules/SBEC_BOOK_2020.pdf
  2. https://www.filingbazaar.com/service/llp-registration

Settlement of grievances specially in manufacturing sectors

Grievance management

Organisations are a part of society and employee has certain expectations which must be fulfilled by the organisation where he is working. Due to different social background and various psychological factors employees occasionally have to be uncomfortable or aggrieved about certain managerial decisions, practices or service conditions.

In some cases, the employees have complaints against their employers, while in others it is the employers who have a grievance against their employees. For smooth selling of the organisation, it is necessary to pay immediate attention on these grievances and complaints.

Dale Yader defines a grievance as “a written complaint filed by an employee and claiming unfair treatment. Keith Davis, defines a grievance as “any real or imagined feeling of personal injustice which an employee has concerning his employment relationship.”

Grievance management concept

Emergence of grievance is a natural outcome of interaction among people, whether in organizational context or in other context. In the organizational context, employees may have some grievances against employer; in the same way, employer may have grievances, against employees. Grievance is a state of dissatisfaction over some issues related to employment. Generally, expression of this dissatisfaction-is known as grievance.

National Commission on Labour (India) has taken the view that “complaints affecting one or more individual workers in respect of wage payments, overtime, leave, transfer, promotion, seniority, work assignment, and other discharges constitute grievances.”

Based on the above definitions, we may derive that:

Grievance is a feeling of an employee that an injustice has been done to him.

2. The feeling may be valid and legitimate, or untrue; and may arise out of something connected with the work or the organization.

When employees have grievances and these are not redressed properly, these result in frustration, discontent, and indifference to work, poor morale, and low productivity. Accumulated grievances among employees may lead to turmoil in the organization.

Forms of Grievance : Factual, imaginary and Disguised

A Grievance may take any one of the following forms:

(i) Factual :

Factual grievances arise when legitimate needs of employees remain unfulfilled, e.g., wage hike has been agreed but not implemented.

(ii) Imaginary:

When an employee’s grievance is because of wrong perception, wrong atti­tude or wrong information. Though it is not the fault of management, the responsibility for their redressal still rents with the management.

(iii) Disguised:

An employee may have dissatisfaction for reasons that are unknown to himself. If he or she is under pressure from family, friends, relatives, neighbours, he or she may reach the work spot with a heavy heart. If a new recruit gets a new table and cupboard, this may become an eye shore to other employees who have not been treated like wise previously.

Identification of Grievance : 5 proactive methods of addressing Grievance

Grievance should be redressed by adopting proactive approach rather than reactive approach. The proactive approach addresses the factors responsible for emergence of grievance. In other words, management does not allow grievance causing situation to emerge. But in reactive approach, a particular grievance gets redressed but the underlying cause continues to exist. Unless it is rooted out lock, stock and barrel, there cannot be any permanent solution.

The following are the proactive methods of addressing Grievance:

(i) Exit Interview: Information collected from the exiting employee on various aspects of working conditions forcing him to quit is supposed to be more credible than those expressed by the existing workers.

(ii) Gripe Box System: Employees may be encouraged to drop anonymous complaints as they may fear that their identity may invite victimisation especially when they complain against the management. This method is more appropriate when there is lack of trust and understanding between employees and their supervisors.

(iii) Opinion Survey: Various surveys line morale survey, attitude survey, job satisfaction survey, grievance survey or comprehensive survey comprising all the above aspects, reveal vital inputs about the negative aspects of functioning of the organization. Since the survey is conducted by persons other than the supervisor and the respondent’s identify is not insisted upon, information collected is likely to be reliable.

(iv) Meetings: Group meeting, periodical interviews, collective bargaining sessions, informal get-togethers may be used to collect information about grievances.

(v) Open-door policy : Under this policy any employee can lodge complaint or file his grievance with the manager designated for this purpose. The very objective of this policy is to encourage upward communication.

Causes of Grievance in industrial organisation:

Grievances typically arise on such questions as discipline and dismissal, the payment of wages and other fringe benefits, working time, over-time and time-off entitlements, promotions, demotion and transfer, rights deriving from seniority rights of supervisors and union officers, job classification problems, the relationships of work rules to the collective agreement and the fulfilment of obligations relating to safety and health laid down in the agreement.

Such grievances, if not dealt with in accordance with a procedure that secures the respect of the parties, can result in embitterment of the working relationship and a climate of industrial strife.

Grievance resulting from working conditions:

  • Strained employer – employee relationship
  • Tight production standards
  • Unfavourable physical conditions such as excessive heat , low temperature , excessive humidity etc.
  • Change in schedule or procedure
  • Mismatch between the job and the worker

Grievances arising from management policy:

  • Wage Payment
  • job rates
  • Leave and overtime
  • seniority and Promotion
  • Role ambiguity
  • Disciplinary action
  • Absence of employee development plan

Grievance resulting from personal maladjustment :

  • Over-ambition
  • Excessive self-esteem
  • Impractical attitude to life

Model Grievance procedure in India:

The Grievance procedure issue was discussed in the 15th session of Indian labour conference held in 1957. In the 16th session of the conference (1958), model Grievance procedure was prepared .

The steps in procedure (as per the model Grievance procedure) will be as follows:

Step:1 Grievance is to be submitted in writing to the departmental representative of the management. Here the aggrieved worker can take the help of this union representative. He (departmental representative) has to be replay with in 48 hour.

Step:2 If the matter is not settled at the level , the aggrieved worker can take the matter to the head of the department who has room give the decision with in 3 days.

Step:3 If concerned worker is not satisfied at this stage, he can take his Grievance to the grievance committee. This committee must make it recommendation to the management with in 7 days. The final; decision of the management on the report of the committee is to be communicate to the concerned worker with in 3 days of receipt.

Step:4 If the worker is not satisfied even at this stage , he can make appeal for revision to the management and the management has to communicate its decision to concerned worker with 7 days.

Step:5 In the final stage , the Grievance may be referred to voluntary arbitration.

Hagia Sophia, its history and the verge of transition it stands on!!

By Udbhav Bhargava

On the 2nd of July, a Turkish court heard a lawsuit in which the Hagia Sophia was turned back into a mosque. It will have its decision released within 15 days.

The 1,500-year-old structure, listed as a UNESCO World Heritage site, was originally a cathedral before it was turned into a mosque.

The History of Hagia Sophia

Two churches were built on the site where the present Hagia Sophia stands, in 360 AD and 415 AD, and were later demolished. Eventually, in 537 AD, during the reign of Emperor Justinian, the present building was built as a church. It was established to become the seat of the Eastern Orthodox Church’s Patriarch, and remained so for around 900 years. It was at the time the world’s largest building and a marvel of engineering, and was renowned for its wide dome. The words ‘Hagia Sophia’ signified ‘Holy Wisdom’.

Transition from Cathedral to Mosque

In 1453, Constantinople (old name of Istanbul) fell to Ottoman Sultan Mehmet II. The Hagia Sophia was vandalized by the Ottoman army (but not totally destroyed). It was soon after transformed into a mosque. Major interior repairs have been carried out; the Christianity signs and symbols have been plastered over but still remain visible. Minarets were added according to Islamic architecture.   

And then from Mosque to Museum

After World War I, the Ottoman Empire saw its downfall and the modern and secular Republic of Turkey was established three years later, under the Ataturk’s leadership. The patriarchal head, Mustafa Kemal Pasha ‘Ataturk’ ordered the Hagia Sophia to be converted to a museum in 1934. Hagia Sophia was listed by UNESCO as a World Heritage Site in 1985 and currently attracts over 3 million visitors a year. In 2013, government allowed the muezzin to call for prayer from the minarets of the museum. The conversion issue was raised during local elections in 2019, after which Erdogan’s party lost the municipal elections in Istanbul. Further, this year, special Islamic prayers were held in the museum structure on the 567th anniversary of the Ottoman invasion.

Association for the Protection of Historic Monuments and the Environment, a group asking for the Hagia Sophia to be reverted from a museum to a mosque filed a case in Turkish courts. 

Local media sources suggest the government has been planning to keep Hagia Sophia open to visitors even though it has been converted into a mosque. The World Heritage Committee shall take decisions relating to the application of the Convention on the Preservation of the World Cultural Heritage. When a country has ratified the Convention and wants to change the name of a monument, it must send its request for approval to the Commission.

Many religious and political figures have opposed the agreement, including the Istanbul-based Ecumenical Patriarch, the spiritual leader of the world’s Orthodox Christians, as well as Greece, France and the United States. The intense executive activism in Turkey is fueled by political motives and is an effort to establish Islamic supremacy which is against the secular character of the republic established in 1922.