Body of Evidence

My first one of Patricia Cornwell. Dr. Kay Scarpetta is a Chief Medical Examiner in Richmond, Virginia called upon to examine the body of one Beryl Madison, a gruesome murder victim. As a forensic pathologist her job is only to examine the bodies for various clues. But she goes beyond that and delves into the reason for the murder of the writer Beryl. One murder leads to another that of Cary Harper the mentor of Beryl, followed soon by the death of Cary's sister. Patricia's throws clues here and there and finally manages to connect all of them together. There is edge of seat suspense in the book, probably because Patricia brings in a lot of events and incidents not within the original realm of thought but brings them together spectacularly. There is sleaze lawyer Sparacino out for his two cents worth of glory and a suspense. There is Al Hunt a young kid with clairvoyant thoughts and his own story. Nice racy read. Goodreads 4/5

travails of a professional - Ep 2

Today I will narrate a story about another client of the friend of mine. This client did not have any big business, he had a couple of buses which he had leased out to projects in Kalamboli and that was also in "not so good" financial situation. He had his residence in santacruz. So he was basically a failed businessman which is surprising considering the fact that he belonged to the predominantly business community from the western part of India. He had his accountant, a non descript guy who incidentally had an extra finger dangling from one of his thumbs, don't know left or right. Anyways, as the story goes, my friend had a long relationship with these guys and the payments were generally late only and after much persuasion and follow up. So around 2016 the failed businessman's mother expired. His wife had divorced him taking her kid(s) with her. So the bugger was basically loner and failed marriage keeper as well. So on the expiry of his mother he had something compliance to be done with the regulatory authorities which was duly done. But the faggot was refusing to pay for the services rendered to him. Professional's knowledge and time is what is important which unfortunately many business persons in India fail to comprehend. The measly accountant was dilly dallying with some silly excuses which the friend understood what their game plan was. So the matters came to such an ugly pass that it ended in a heated exchange of words and the relationship ended then and there. I hope for my friend's sake that both these faggots suffer all the ills of nature for the fraud and deception they have played on my friend.  

Save Aarey Forest

Mumbai, this is your chance to stand up for Aarey forest. Come with your objections and submit them , take individual letters, take individual acknowledgement for your submission. No point in online anger, express your views and opposition in person. Stand up and be counted on 10 th October at 2_30 PM at the Garden superintendent office at Byculla Zoo. It's now or never. Please SHARE WIDELY

UDIN for CAs

Press release from ICAI.

https://www.icai.org/new_post.html?post_id=15131&c_id=240

It has been noticed that financial documents/ certificates attested by third person misrepresenting themselves as CA Members are misleading the Authorities and stakeholder. ICAI is also receiving number of complaints of forged signatures. To curb the malpractices, the Professional Development Committee of ICAI has implemented an innovative concept of UDIN i.e. Unique Document Identification Number to secure the certificates/documents attested/certified by practicing Chartered Accountants which will be made mandatory with effect from 1st January, 2019.

Full time Practicing CAs can register them by visiting at https://udin.icai.org/ and generate UDIN by registering the certificates/documents attested/certified by them. 

To generate UDIN, Members are required to provide only 3-5 key fields of the certificate/ document which is being attested and there is no need to upload it.

Through UDIN and the key fields as mentioned by CAs, the Regulators/Banks/third parties will be able to check the authenticity of the documents/reports/certificate. Further, this portal would help in tracing forged/wrong documents prepared by any third person misrepresenting himself as a Chartered Accountant, as any person other than Chartered Accountant will not be able to upload the documents. 

For Process and related Frequently-Asked Questions, please visit https://udin.icai.org/ . For any other further assistance/clarification, you may reach us at 011–30110411/444 or email at udin@icai.in . 

MEMBERS ARE ADVISED TO REGISTER THE DOCUMENTS CERTIFIED BY THEM & GET THESE SECURED. 

national digital communications policy 2018

The Union Cabinet chaired by Prime Minister Shri Narendra Modi has  approved the National Digital Communications Policy-2018 (NDCP-2018) and re-designation of the Telecom Commission as the "Digital Communications Commission”.

Impact:

The NDCP-2018 envisions supporting India's transition to a digitally empowered economy and society by fulfilling the information and communications needs of citizens and enterprises by establishment of a ubiquitous, resilient and affordable digital communications infrastructure and services. 

The ‘Customer focused’ and ‘application driven’ NDCP-2018 shall lead to new ideas and innovations, after the launch of advanced technology such as 5G, IOT, M2M, etc. which shall govern the telecom sector of India.

Objectives:

The key objectives of the policy are:

1. Broadband for all;
2. Creating four million additional jobs in the Digital Communications sector;
3. Enhancing the contribution of the Digital Communications sector to 8% of India's GDP from ~ 6% in 2017;
4. Propelling India to the Top 50 Nations in the ICT Development Index of ITU from 134 in 2017;
5. Enhancing India's contribution to Global Value Chains; and
6. Ensuring Digital Sovereignty.

 These objectives are to be achieved by 2022.

Features:

The policy aims to

·         Provide universal broadband connectivity at 50 Mbps to every citizen;

·         Provide 1 Gbps connectivity to all Gram Panchayats by 2020 and 10 Gbps by 2022;

·         Ensure connectivity to all uncovered areas;

·         Attract investments of USD 100 billion in the Digital Communications Sector;

·         Train one million manpower for building New Age Skill;

·         Expand IoT ecosystem to 5 billion connected devices;

·         Establish a comprehensive data protection regime for digital communications that safeguards the privacy, autonomy and choice of individuals

·         Facilitate India's effective participation in the global digital economy;

·         Enforce accountability through appropriate institutional mechanisms to assure citizens of safe and

·         Secure digital communications infrastructure and services.

 Strategy:

The policy advocates:-

1. Establishment of a National Digital Grid by creating a National Fibre Authority;
2. Establishing Common Service Ducts and utility corridors in all new city and highway road projects;
3. Creating a collaborative institutional mechanism between Centre, States and Local Bodies for Common Rights of Way, standardization of costs and timelines;
4. Removal of barriers to approvals; and
5. Facilitating development of Open Access Next Generation Networks.

Background:

As the present world has entered the era of modern technological advancements in the Telecom Sector such as 5G, loT, M2M etc., a need was being felt to introduce a 'customer focused' and 'application driven' policy for the Indian Telecom Sector, which can form the main pillar of Digital India by addressing emerging opportunities for expanding not only the availability of telecom services but also telecom based services.

 Accordingly, the new National Digital Communications Policy - 2018 has been formulated, in place of the existing National Telecom Policy-2012, to cater to the modern needs of the digital communications sector of India.

vile clients

This is a post regarding a friend of mine, who has a vile client. The friend does all the good work in all bonafide honesty and on time and the work is also good. The project is complete, but the client now does not want to pay. Bills have been mailed to the client by e-mail and sent by courier also. Now the courier comes back from the post with the remark "unclaimed". Now the funny thing is that the envelope has been opened. So the bloody idiot of a client has opened the envelope and seen the bills deemed it fit to return it to the friend. Is'nt that a low vile thing to do. And the beauty is the post has allowed the envelope to be opened and returned to the friend. Too bad for the post office to do allow such unscrupulous things to happen right before its eyes. That's how deranged the world is.  

Save Aarey Forest

For those who came in late

Mumbai’s lush green Aarey Forest is under threat due to various development projects – the foremost being the cutting of 3,500 trees for the construction of a car shed for the upcoming Mumbai Metro 3. Activists along with actors and artists and many others have been petitioning CM Devendra Fadnavis to relocate the car shed to another area and help Mumbai retain its green space.

However, a lot of people are misunderstanding that we are against the Mumbai metro and the government. What we are against is a lack of conversation and transparency from the government. Here is a quick fact check.

1. Are we against the metro?

NO. We are against the cutting of 3,500 trees for the metro car shed. This is where the parking of the trains will be done. It’s alarming why the trains will be parked in the middle of a forest at the cost of thousands of trees. Also, the idea of a Metro Station at Aarey is purely ridiculous, because there are hardly any people living there! The government added this station so that it can build commercial activities around it in the future. To put this in perspective, have you ever imagined trains being parked in New York’s Central Park or a train station inside the park built after cutting its trees? It’s the green lung of New York and the government does every bit to save it. So why can’t we?�� In fact, Mumbai might need 10 lines of metro in the future, but if we don’t stand up to the cutting of trees right now, there wont be any green patch left for Mumbaikars in the future. It’s not development, it’s suicide.

2. We all need a Metro. Trees jaaye bhaad mein. (To hell with the trees.) They will grow again.

There are seven options of land available to the government where there is Barren land to build this parking shed and station WITHOUT cutting trees. Still, it has chosen Aarey Forest – the only remaining lungs of Mumbai! The reason? Shh… Shhh… Smelling a rat here?

The 3,500 trees will not grow again, but there is a chance the government will cut more trees again. It already has a lot of commercial projects lined up after the trees are cut, including a zoo. Yes, a fuckin’ zoo in the middle of a forest. Not just a zoo, about 100 hectares of land for a rehabilitation township is reserved in Aarey. So, it does not stop at the metro shed! Remember the full-page ads run by the MMRCL in every leading newspaper in Mumbai and Gujarat some months ago for the metro? It claimed no commercial activity will be planned in Aarey, then why make a metro station in Aarey? Daal mein kuch kaala hai? (Is there something fishy?) Has the Indian population ever held any politician to his word? Fadnavis knows like every other politician that public memory is short and people don't care if they are swindled.

3. But the government is replanting trees, what’s your problem buddy?

So, it basically wants to cut what is 100 years old and then replant a sapling, which might give enough oxygen to save a dying Mumbai after 100 years. Excellent! It’s like removing all the old politicians from this country overnight, and putting toddlers in charge of the country. (I believe they will govern better though.)

4. Are we anti-BJP? Is there any political party involved in this?

NO. We are a volunteer group of students, artists, painters, actors, musicians, CEOs, Dalits, Adivasis, Dabbawalas, farmers – trying to make sense of this horrible idea of destroying a forest for a parking shed for a train. Whether the ruling party was BJP, Congress, AAP or any other, we would have still done this protest as we need air to breathe. PM Narendra Modi gave a speech on World Environment Day, that destruction of nature at the cost of development is dangerous and the citizens should stand against it. We are just doing that. We believe anybody who is not following this should be held accountable. Looking at what’s happening in Delhi with the toxic air (the city does not have a forest to save itself), it’s important to raise our voice NOW to save Aarey.

5 Aarey is not a forest, it’s a milk colony.

Have you been to Aarey and explored it? Dont get fooled by its area. It works, thrives and survives as a forest. It has more than 5 lakh trees, an active ecosystem, rare birds, animals, its own lakes, farms, and its own community of people. Also, have you ever seen leopards and snakes in other parks before? The forest department is deliberately concealing information and altering the facts since some time now. Almost 30% of this space has already been given for commercial projects that we know of, like for Film City, Royal Palms etc. The metro is a step towards allocating more and more land for profit.

6. If it has 5 lakh trees, cutting of 3,500 trees will make no difference. Its only 1%!

What happens if you lose an eye? Or a finger? It was easy for Dronacharya to screw Eklavya’s life by taking his shooting thumb. These 3,500 trees are that thumb. The epicentre of the earthquake in Gujarat was in Kutch, but buildings collapsed in Ahmedabad, 500 km away. Do you need more metaphors? It’s not only trees that are cut – it’s the birds, animals, surroundings, and the total ecosystem. It will be a chain reaction so horrible for this already struggling city. This will surely be the tipping point.

7. Is the government ready for a conversation? It must have valid reasons to cut Aarey, right?

NOT YET. All we are asking for is a conversation with the government, BMC, MMRCL, CM and ask them WHY Aarey?? Till now even after almost 500 days of asking the question and inviting the CM to have a conversation with us, we have heard no answers from the authorities. We understand why, as they do not have a justified answer! Why would they choose Aarey over 7 other places? WE DONT KNOW YET.

8 Are we funded by political parties opposing the BJP?
On the contrary every political party which said it stood with the citizens in their fight has deserted the cause. Citizens have contributed in every small way to raise money to save Mumbai's last remaining green space. We can barely afford the litigations cost and the lawyers who are fighting it are doing so because they too feel it is a noble cause unlike MMRCL and the Govt which engage high profile lawyers who are known to charge 11 (Eleven ) Lakhs per appearance . We do not have access to unlimited public funds to squander away to cover up illegalities.
If you cannot align with the selfless battle the citizens are engaged in, the least you can do is not malign them.
PLEASE SHARE WIDELY
#SaveAareyForest #weneedaarey #mumbaineedsAarey #AareyforMumbai#greenlungofmumbai

Directors with two DINs

Those Directors who have taken more than one DIN either knowingly or in advertently are in for a huge setback. The KYC is going through for one DIN, but huge problem if you try to do KYC for the second DIN. As per MCA rules, if you have two DIN, then you have to surrender the latter one, for which a form DIR-5 has to be filed. Now if you try to file DIR-5 without doing the KYC, then system is not accepting stating that the DINs have been de-activated. If you somehow do the KYC of one DIN, then doing the KYC for the second DIN becomes a huge problem. The passport no. & aadhar no. is linked to the first DIN, so the system is rejecting if we mention these details. We cannot say that the incumbent does not have a passport or an aadhar because that is tantamount to making a wrong statement. It is a total quandary. MCA has tied itself in knots because of this issue. It is not user friendly or business friendly at all. People make mistakes, even business persons make mistakes at times, but there should be an amicable solution to all the human errors. Compliance is being sought to be done by surrendering the latter DIN, but the system is so rigid that it has become impossible to comply. 

higher insurance cover for vehicle owners -

Insurance Regulatory Development Authority (IRDA) has vide its circular dated 20th September, 2018 mandated the general insurance companies carrying on motor insurance business to provide compulsory personal accident cover for owner driver of minimum Rs.15 lakhs. The previous limit was Rs.1.00 lakh and Rs.2.00 lakhs respectively for two wheelers and four wheelers. This is pursuant to a Madras H.C. judgment in this regard to provide higher cover. The insurance premium for this enhanced cover is set at Rs.750/- per annum. People can however, take higher limit also if they want. Such higher limit policies may be in multiples of Rs.1.00 lakh or Rs.5.00 lakhs. The gist of the IRDAI circular follows here.

General Regulation (`GR`)-36 of India Motor Tariff(`IMT`), 2002 mandates General Insurance Companies carrying on motor insurance business to provide Compulsory Personal Accident (CPA) Cover for Owner-Driver under both Liability Only and Package policies. The owner of Insured vehicle holding an `effective` driving license is termed as Owner-Driver for the purposes of this section. The Cover is provided to the Owner-Driver whilst driving the vehicle including mounting into/ dismounting from or traveling in the insured vehicle as a co-driver.

2. Currently, the Capital Sum Insured (CSI) under this section for Motorised Two Wheelers and Private Cars/Commercial vehicles is Rs. 1,00,000/- and Rs. 2,00,000/- respectively. However, a few General Insurers have been offering Add on covers under Package policies with higher CSI over and above the stipulated CSI, on payment of additional premium at the option of the Insured. The General Insurance Industry, through its Council, had also taken up the increase for higher CSI under CPA Cover for Owner-Driver in July, 2017 for consideration of IRDAI.

3. In the meantime, the Hon’ble High Court of Judicature at Madras has, vide its judgement dated 26^th October, 2017 in the matter of Civil Miscellaneous Appeal No. 1428 of 2017 (United India Insurance Co Ltd Vs R. Rekha & Ors), issued directions to IRDAI which reads as under.

``Enhance the Compulsory Personal Accident Cover from the existing Rs.1,00,000/- to at least not less than Rs.15,00,000/- so that the amount of Rs.15,00,000/- will add to some succor or solace to the victims of road accidents, who are the owner of the vehicle, who may incidentally sustain bodily injury or death. Further, an option can be given to the insured/owner of the vehicle to pay higher premium amount to get enhanced compensation over and above Rs.15,00,000/- in case the owner of vehicle so desires to such enhanced compensation in the event of any untoward motor accident which may result in bodily injury or death. ``

4. In accordance with the above directions of the Hon’ble High Court of Judicature at Madras, the Authority, in exercise of the powers conferred by Section 14 (2) (i) of the IRDA Act 1999 and in consultation with the stakeholders, hereby issues the following modifications to General Regulation (GR) -36 of India Motor Tariff,2002 on Compulsory Personal Accident Cover for Owner-Driver.

(i) All General Insurers carrying on motor insurance business shall provide CPA Cover for Owner-Driver under Liability Only, under Section III of Package Policies to all classes of vehicles and Bundled Covers wherever applicable.

(ii) A minimum Capital Sum Insured (CSI) of Rs.15,00,000/-shall be provided under CPA Cover for Owner-Driver under Liability Only, under Section III of Package Policies to all classes of vehicles and Bundled Covers wherever applicable at the premium rate of Rs. 750/- per annum for annual policy. This rate will be valid until further notice.

(iii) A higher CSI may be provided over and above Rs.15,00,000/-through Optional Covers under Liability Only and under Section III of Package Policies/ Bundled Covers on payment of additional premium at the option of the Insured.

(iv) In view of the above changes, the current Add on covers offering enhanced CPA Cover for Owner-Driver under Section III of Package Policies and Bundled Covers up to CSI of Rs.15,00,000/-shall stand withdrawn. However, Insurers willing to offer CSI over and above Rs.15,00,000/- may revise/file Add on cover under Liability only, Package Policies and Bundled Covers. It is suggested the higher CSI in such Add on cover may be in multiples of Rs.1,00,000/-. or Rs.5,00,000/-.

(v). As regards premium payable for CPA cover under long term motor policies, insurers may price them in line with their current approach for pricing. Should the Authority find the pricing approach in variance from their general pricing philosophy/approach and not in line with actuarial principles, suitable direction may be issued by the Authority. Insurers may start issuing such covers effective from the date of receipt of this circular even while ensuring that the filing for these is done under File and Use Guidelines on or before 25^th October, 2018.

(vii). All other extant provisions applicable for Motor Third Party Insurance shall continue to apply.

This Circular shall come into effect immediately. Please acknowledge this circular and confirm having noted its contents.

This is issued with the approval of the competent authority.

ECBs - liberalisation

RBI has vide its notification dated 19th September, 2018 liberalised the External Commercial Borrowing policy to the following extent:

(i) ECBs by companies in manufacturing sector: As per the extant norms, ECB up to USD 50 million or its equivalent can be raised by eligible borrowers with minimum average maturity period of 3 years. It has been decided to allow eligible ECB borrowers who are into manufacturing sector to raise ECB up to USD 50 million or its equivalent with minimum average maturity period of 1 year.

(ii) Underwriting and market making by Indian banks for Rupee denominated bonds (RDB) issued overseas: Presently, Indian banks, subject to applicable prudential norms, can act as arranger and underwriter for RDBs issued overseas and in case of underwriting an issue, their holding cannot be more than 5 per cent of the issue size after 6 months of issue. It has now been decided to permit Indian banks to participate as arrangers/underwriters/market makers/traders in RDBs issued overseas subject to applicable prudential norms.

So this is a boost for manufacturing sector in line with the Make in India policy of the government. 

RBI notification can be found at https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11375&Mode=0

strike off companies

Presently when any company has been struck off by the MCA for any reasons, the only option available is to file a petition with the NCLT to revive the company. This is a time consuming process as well as effort involved. Many such companies have been rendered as "strike off" stage due to various reasons beyond the control of the existing Directors. 

Now since July 2018 the additional filing fees for annual forms is on the basis of Rs.100 per day calculation and it is going to hurt companies to remain as non compliant. Filing of petition with NCLT involves time and cost and also clogging of the judicial system with routine applications. NCLT is already over burdened due to the number of cases filed under the Insolvency & Bankruptcy Code, 2016 and other petitions like mergers, amalgamations, oppression cases. In such scenario what is the justification for routine applications involving revival of strike off companies to be filed with NCLT it is not clear and not justified also. 

Many companies have various reasons and these are legacy reasons which are genuine in nature due to which they failed in filing the annual documents. Admitted that they are non compliant and have suffered much due to the Director's DIN becoming de-activated. MCA should now look at an easy process for revival of strike off companies at the ROC/ RD level without involving the judicial bodies in this regard. They can levy a fine or penalty similar to the compounding fines and close the matter. Anyways MCA is gaining due to higher fees from the per day fee structure so the companies are already being penalised in this regard. They should not be further penalised by forcing them to seek redressal from the judicial courts of the country. 

DIR-3-KYC extension

MCA has vide its notification dated 20th September, 2018 given a limited time exemption to file form DIR-3-KYC for all DIN holders albeit with a reduced fee of Rs.500/-. This window is open from 21st October, 2018 to 5th October, 2018 after which the filing fees of Rs.5000/- will become applicable.

I think they should have continued with the fees of Rs.500/- only throughout instead of hiking it to Rs.5000/- from 6th October, 2018 onwards. 

Personal Injuries

Personal Injuries is a legal thriller from Scott Turow. Robbie Feaver is  a personal injury lawyer in Kindle County and he is being used by FBI to go undercover and ferret out other judges to whom regular paybacks take place in order to deliver favourable orders. There is a whole of emotional drama to this story, with his wife dying of ALS, a female agent attached to him, his best friend in his firm whom he wants to protect at any cost. The story appears to be on weak ground at many places, though it started off very well. The narrative of Scott Turow, however is extremely good. Goodreads 3/5 

strike off companies - no business

MCA has been striking off companies for not filing its annual returns and annual financial statements for a period of 3 years consecutively. Also lately it has been issuing show cause notices to companies who have not done any business for the last two years, to strike their names off from the register of companies. While there is a provision in the companies act, 2013 in section 248 for issuing of such show cause notices, the moot question to ask is whether it is just to send show cause notices to companies just because they have no business income for the last 2 years. According to me it is grossly unfair because businesses have upturns and downturns and when there is downturn, it could last lot more years, sometimes half a decade also. When there is general recession, then businesses fail, like in the real estate industry there is a recession for so many years. Shipping industry has its worst over woes for nearly a decade or so. Businesses suffered huge setback due to the ill advised demonetisation and there was disruption in the business due to the GST rollout. Plus industry itself goes through one crises after another, there could be technological changes taking place rapidly, disruption etc. which could all affect the business in one way or another. Industries are starved of bank funds due to which they are unable to do capex or even meet working capital requirements. Therefore in light of the above, what is the justification for issuing strike off show cause notices to companies just because they have no business income for two consecutive years. Especially when the companies have been doing the compliance all properly all along - appointing auditors, filing the statutory annual forms and event based forms etc. 

LLP registration

MCA has vide its notification dated 18th September, 2018 streamlined the process of incorporation of Limited Liability Partnerships (LLP) in India. Hitherto, for more than 10 months, the LLP incorporation had come to a standstill as MCA had stopped issuing stand-alone Director Identification Number (DIN) to individuals.

1) Now name reservation for a LLP can be done by a web service called LLP-RUN. Unfortunate part is that this RUN will be governed by their Central Reservation Centre (CRC) which is a retrograde step, in my view. That section is manned by totally incompetent people who have no idea at all about business incorporation.

2) Form 2 for incorporation of LLP will be replaced by FiLLiP which will carry the DIN allotment process also. So this is good move.

3) Similarly minor amendments have been made to Addendum to Form 2 (which will be known as Addendum to Form FiLLiP, form 5 (notice for change of name), form 17 (conversion of general partnership firm into LLP) and form 18 (conversion of a private company/ unlisted public company into LLP) consequent to the above amendments. It would be interesting to note form 18 amendments as with the proposed mandatory demat of securities of unlisted public limited companies from 2nd October onwards, many unlisted public companies will seek to convert themselves into LLPs / private companies to avoid that compliance. They might seek to convert themselves into private companies but there is always a lurking fear the mandatory demat of securities could be extended to private companies as well, in the future.

All these changes will take effect from 2nd October, 2018.