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NGO

Posted by Rakesh Bhelloriya on November 14, 2015 at 7:10 AM Comments comments (1325)

अगर आपके क्षेत्र में, आपके जिले में, आपके राज्य में अथवा आपके देश में कोई अव्यवस्था अथवा कोई कमी हैं तो उसके लिए NGO सबसे उपयुक्त माध्यम हैं। इस के माध्यम से वे ग्राम पंचायत, पंचायत समिति, जिला परिषद पर जन दबाव पैदा कर सकते हैं। इस सोसायटी के माध्यम से गाँव के विकास के लिए काम कर सकते हैं, रोजगार के साधन जुटाने के काम कर सकते हैं। गाँव, ग्रामीणों और जरूरतमंद लोगो के विकास के लिए बनने वाली सरकारी योजनाओं से सोसायटी के लिए धन प्राप्त कर गाँव, ग्रामीणों और जरूरतमंद लोगो के सर्वांगीण विकास के लिए काम कर सकते हैं।

अगर आपके नगर में, आपके जिले में, आपके क्षेत्र में, आपके राज्य में अथवा आपके देश में कोई अव्यवस्था अथवा कोई कमी हैं तो उसके लिए NGO सबसे उपयुक्त माध्यम हैं।

वैसे तो यह काम गाँव की पंचायत, जिले के कलेक्टोरेट व देश के नेताओं की हैं। उसे ये सब कार्य करना चाहिए। लेकिन जब तक जनता का दबाव नहीं होता और ग्राम पंचायत/जिला/राज्य में संसाधन और काम करने की इच्छा शक्ति नहीं होती ऐसे कार्य नहीं होते। इस के लिए जन दबाव निर्मित करना आवश्यक है। यह काम कोई गैर सरकारी संगठन ही कर सकता है।

NGO का मतलब नांन गवर्नमेंट आर्गनाइजेशन होता है, जो किसी सामाजकि कार्य के लिए बनाया जाता है। सरकार बहुत से सामाजिक कार्य स्वयं करने के स्थान पर इन संगठनों के माध्यम से अनुदान दे कर कराती है। इस कारण से वे लाभ या व्यवसाय के कामों के अतिरिक्त अन्य कार्यों को करने के उद्देश्य से निर्मित गैर सरकारी संगठन जो कि सरकार से या किसी धनी संस्था से अनुदान प्राप्त कर के सामाजिक कार्य करते हैं एन.जी.ओ कहे जाते हैं।

कोई एक व्यक्ति एन.जी.ओ नहीं खोल नहीं सकता है अपितु एक संस्था के रूप में पंजीकृत होने के बाद विधिक व्यक्ति बन जाता है। भारत में लगभग सभी एन.जी.ओ सोसायटीज एक्ट के अन्तर्गत बनाए जाते हैं। इस के लिए केन्द्रीय कानून सोसायटीज एक्ट है तथा सभी राज्यों में लोकल सोसायटीज/ ट्रस्ट एक्ट बना हुआ है।

कोई भी 7 या अधिक व्यक्ति आपस में मिल कर कोई सोसायटी बना सकते हैं और सोसायटीज एक्ट के अन्तर्गत उसे पंजीकृत करवा सकते हैं। सोसायटी बनाने के लिए यह स्पष्ट करना जरूरी होता है कि उस संगठन की कार्यकारी समिति कैसे बनेगी और कैसे कार्य करेगी, उस के लिए धन कैसे एकत्र किया जाएगा और कैसे खर्च किया जाएगा आदि आदि। इस के लिए नियम बनाने होते हैं और उन्हें पंजीकृत करवाना होता है।

अपने राज्य के कार्यालय से नमूने के नियम की प्रतिलिपि, आवेदन पत्र की प्रति प्राप्त कर सकते हैं और उस में अपने अनुरूप संशोधन कर के अपने नियम बना कर सोसायटी का पंजीयन करवा सकते हैं।

हर राज्य में एन.जी.ओ के रजिस्ट्रेशन और मान्यता के नियम और प्रक्रिया अलग-अलग हो सकते है, इसलिए अपने राज्य के नियमों का पालन करें, लेकिन सामान्य नियम ये है कि पहले एनजीओ की बैठक करनी पड़ती है।

एन.जी.ओ गठन के लिए आवशयक -

कम से कम 7 सदस्य होने चाहिए।

बैठक में एन.जी.ओ के लक्ष्य, उद्देश्य के अलावा अध्यक्ष, उपाध्यक्ष, सचिव, कोषाध्यक्ष, सलाहकार, सदस्य आदि तय करने होते हैं।

बैठक में एन.जी.ओ के गठन का प्रस्ताव पास करना होता है। प्रस्ताव पर सभी सदस्यों के हस्ताक्षकर के अलावा एन.जी.ओ का नाम और गठन की तारीख भी होनी चाहिए।

चैरिटी कमिश्नर या असिस्टेंट चैरिटी कमिश्नर के दफ्तर से आवेदन फार्म खरीदना होता है।

फार्म को भरने के दौरान कुछ और कागजात चाहिये होते हैं -

अध्यक्ष या सचिव के नाम पावर ऑफ अटॉर्नी

सभी सदस्यों या ट्रस्टियों का सहमति पत्र , प्रस्ताव देना होता है।

जिस पते पर एनजीओ रजिस्टर किया जाता है उस भवन के स्वामी का अनापत्ति प्रमाणपत्र भी जरूरी है।

एक 20 रुपये के एक नॉन ज्यूडिशियल स्टेम्प पर एनजीओ की सभी चल और अचल संपत्तियों का ब्योरा देना होता है।

इसके बाद दफ्तर में रजिस्ट्रेशन ऑफ सोसायटीज एक्ट और राज्यों के पब्लिक ट्रस्ट के तहत आवेदन किया जाता है। रजिस्ट्रेशन के बाद बैंक में खाता खुलवाना पडता है जिससे आर्थिक मदद के लिए आया धन जमा हो सके। सोसायटी के केस में रजिस्ट्रेशन सर्टिफिकेट एक महीने में और ट्रस्ट के मामले में दो महीने में मिल जाता है।

 

Registration of Power of Attorney compulsory

Posted by Rakesh Bhelloriya on August 20, 2015 at 12:55 AM Comments comments (4)

Power of Attorney to transfer immovable property:

 

For the last decade, laws relating to Power of Attorney have undergone substantial changes whereby the Government has brought in several restrictions on the use thereof so far as it relates to sale of immoveable properties.

1. Introduction: In the modern world where commerce and industry have assured large and long roles to play , the need for entering into contracts of agreements in relation to business and other transactions have become a common and necessary feature of daily life. As man became busier it became more and more necessary for him to depend on others for getting his things done. The hectic activities of the businessmen and industrialists have made the execution of power of attorney for delegating his functions. Granting a Power of Attorney is a legal process that involves the drafting of a document which assigns to another person the power to act as your legal representative. Principal should be careful while authorising an agent as attorney to avoid inconvenience and expense of any legal proceedings in the future.

 

2. The Statute: This act may be called as “POWER OF ATTORNEY ACT, 1882”, which was passed in the year 1882 on 24th feb and the act came into force on first day of May, 1882. This act applies to the whole of India except State of Jammu & Kashmir. The main aim of passing this statute is to make it easy for your designated attorney to access your finances and, in that way, take care of your property.

 

3. Definition: According to the ‘Section: 1A’ of “POWER OF ATTORNEY ACT, 1882”, “A ‘Power Of Attorney’ includes any instruments empowering a specified person to act for and in the name of the person executing it”.

 

4. Meaning: The term ‘Power Of Attorney’ is an authority given by an instrument by one person, called as the donor or principal, authorising another person, called donee or agent to act on his behalf. There may be possibility of giving ‘Power Of Attorney’ by two or more persons jointly to one or more persons. Here a legal authority is given by the principal to the agent which may be broad or limited and an agent can take all necessary decisions i.e. financial, property related matters and all other matters where principal cannot be present to sign or in the case of principal’s illness and disability. A paper signed by principal giving powers to an agent is sometimes itself called a power of attorney. A paper giving a power of attorney should be clear and understandable.

 

5. Importance of Power of Attorney: A power of attorney document is an extremely important part of estate planning yet one of the most misunderstood. It is often convenient or even necessary to have someone else act for you as there is advancement in the business and commerce transactions. As many people confuse the power of attorney (POA) with a will (Probate), but these documents are two very different things and have two very different functions. A will comes into effect on the day person die. A POA applies during a person’s lifetime and ceases to apply when he dies. So you actually need both a POA and a will as they complement, and do not overlap, each other. To add a twist to the subject, there are two types of POA: one for property and one for personal care. These two types are completely separate. They deal with different areas of your life and both are required for effective estate planning.

 

6. Classification of Attorney: The Power of Attorney can be classified into two categories which includes:

 

I. General Power of Attorney: A general power of attorney is one by which an instrument is executed by the principal authorising the agent to do certain acts in general on his behalf. The word ‘General’ here means that the power must be general regarding the subject matter and not general with regard to powers in respect of a subject matter. If the subject matter is not general but restricted to something either specific or specifically mentioned by the principal while drafting an instrument then it will not constitute a general power of attorney. It is otherwise called as limited power of attorney.

 

II. Special Power of Attorney: A special power of attorney is one by which a person is appointed by the principal to do some specified act or acts. In this type of power of attorney, an agent conferred with a power to do specific act in a single or specified transactions in the name of the principal.

 

III. Durable Power of Attorney: A Power of Attorney which specifically says otherwise, agent’s power ends if principal become mentally incapacitated. However, a power of attorney may say that it is to remain in effect in the event of future incapacity of the principal. A power of attorney that says this is called a durable power of attorney.

 

To ascertain whether power of attorney is of general or special in nature, the subject matter in respect of which power is conferred Is to be seen accurately. The power of attorney is the unilateral document wherein donor or the principal gives authoritative power to the agent by signing the document and the agent’s sign is not always required.

 

7. Persons Competent To Execute: A power of attorney can be executed by any person who is competent to enter into a contract. However, the married women can execute powers of attorney even if they are minors. A company while executing power of attorney must make conformity with the ‘Articles of Association’ and its common seal. A person must be competent to give power to the appointed person so that it will not affect the legality of the instrument/deed of power of attorney.

 

8. Authentication of power of Attorney: As per Indian law, a power of attorney is a legal document that has to be properly framed, using the right legal terminology and setting out the objectives and responsibilities that you wish to authorise the appointee to carry out on your behalf. If a person wants to authorise someone to act as a power of attorney on his behalf, it must be signed and notarised by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney. You will need to show your ID to the notary advocate before he/she is able to certify and issue the document. It must be executed and authenticated by the registrar or sub-registrar of assurances as per the ‘Registration Act, 1908’.

 

9. Presumption About Power of Attorney: A power of attorney is legal written document which has more legal value and the authenticated attorney will be presumed by the court as legal document under ‘Indian Evidence Act, 1872’. According to the Section: 85 of ‘Indian Evidence Act, 1872’, which provides that the court shall presume that every document purporting to be a power of attorney, and has to be clearly authenticate and executed before the notary or magistrate. If there is any issue arises concerning to the genuineness of the attorney then proof of its execution can be called for the verification.

 

10. Language of The Power of Attorney: An instrument of power of attorney must always use the language known to the donor and if the donor is an illiterate person then scribe and identifier should explain all the contents of the document in the language known by the donor and it has to be certified by the donor that he has understood all the contents and then he has to put thumb mark on the document. Lastly the administrative officer will take the oath from the donor stating that he knows all the contents of the document and he knows the identifier. A sign and seal must be put by the administrative officer after complete verification of the document.

 

11. Original Documents To Be Verified: A power of attorney which is accurately authenticated by the notary or any magistrate, an affidavit has to be filed with all the original documents of the power of attorney authorising an agent to do certain acts. All the documents will be verified by the court and then court will register power of attorney by putting seal and sign. It is very much essential to make the power of attorney valid.

 

12. Powers of Attorney by Two or More Persons: A power of attorney may be executed by two or more persons jointly in favour of one or more persons and when there are several persons as attorneys a complete authorisation in letter to be given by one of them for acting severally. A clause should be included while drafting the deed of power of attorney that all the attorneys should act jointly or separately.

 

13. Duration of Granted Power: A general power of attorney remains in force unless expressly revoked or determined by the death of either of the party. A special power of attorney will be in force until the specified act is not completed. Duration of the power will depend upon the type of the attorney or there may be a fixed period of power granted by the principal which must be included in the deed.

 

14. Revocation of Power of Attorney: A power of attorney may be revoked at any time by the principal or donor by giving a written notice to the agent, unless it is for a particular fixed period. Revocation usually possible when principal dies or becomes insane or becomes bankrupt. The principal himself can revoke power of attorney if the business for which the agent was appointed is over as mutually agreed upon by the principal and agent. In case if principal has named a spouse or registered domestic partner as his agent, his or her authority to act under the power of attorney is automatically terminated in the event of divorce, legal separation or termination of the registered domestic partnership.

 

15. Registration: A power of attorney is not compulsorily registrable unless it creates an interest in any immovable property i.e. charge in favour of donee. Registration of power of attorney is optional In India, where the ‘Registration Act, 1908’, is in force, the Power of Attorney should be authenticated by a Sub-Registrar only, otherwise it must be properly notarized by the notary especially where in case power to sell land is granted to the agent. If a power of attorney is in respect of an immovable property of value more than Rs100 it must be registered. Registration of power of attorney authenticates the deed of power of attorney.

 

16. Stamp Duty: A power of attorney is chargeable under Section: 48 of Schedule 1 of the ‘Indian Stamp Act, 1899’. A stamp duty has to be paid compulsorily by the principal or donor in the jurisdictional registrar’s office.

 

17. Legal Powers Which Can Be Granted To The Attorney: Broadly speaking a power of attorney provides an agent “all powers that the principal has” to manage the principal’s financial affairs or make health care decisions may be enough for many purposes. An agent may be authorised to:

 

i. To execute all contracts, deeds, bonds, mortgages, notes, checks, drafts, money orders.

 

ii. To manage, compromise, settle, and adjust all matters pertaining to real estate.

 

iii. To lease, collect rents, grant, bargain, sell, or borrow and mortgage.

 

iv. To sell any and all shares of stocks, bonds, or other securities.

 

v. To file, sign all tax returns, insurance forms and any other documents.

 

vi. To enter into contacts, and to perform any contract, agreement, writing, or thing to make, sign, execute, and deliver, acknowledge any contract, agreement.

 

vii. To make health-care decisions for the donor or his minor children.

 

viii. To sue on behalf of the principal.

 

18. Qualifications of An Attorney: It is the duty of the Principal to appoint a responsible person as agent who should act with utmost good faith. An attorney is a person who has been appointed by the donor to act on his behalf. An ideal attorney is that who must be willing to act in that capacity and he has to be impartial having integrity. An attorney should be loyal to the donor and should not disclose any confidential matters related to the business.

 

19. Duties of The Attorney Holder: An attorney holder is a person who is authorised by donor legally. An attorney must not exceed the authority given under the power of attorney. If the attorney does exceed their authority, he or she may be liable for any damages suffered by the donor or others. The attorney may, however, do all those acts which are authorised, but only by a particular method, if the power of attorney so indicates. If there is a breach of any condition by the attorney then he shall be liable to the donor except in a case where he has acted reasonably. If there is some doubt as to the wording of the power of attorney, a solicitor should always be consulted. The attorney holder must also act towards the donor with the utmost good faith and tell the donor the nature and extent of any interest which may conflict with his or her duty. An attorney may pass on his or her powers and duties to another person but only if authorised to do so by the power of attorney

 

20. Other Related Aspects:

 

Construction Rules: The general rule of power of attorney is that it should be strictly construed. Unless an express power is conferred on an agent to enter into contracts of guarantees on behalf of his principal or to execute or negotiate, negotiable instruments for his principal jointly with others. An agent cannot by his acts bind the principal to a larger extent than he is empowered to do under the power of attorney. He cannot be sued or otherwise held responsible for fraud by the agent. If the power does not authorise the agent to carry on a business except with limitations any act done by him in excess of such power will not bind the principal. For example power to dispose of property does not confer a power to mortgage the property. Power to manage immoveable property cannot permit principal’s ornaments which are a moveable proper.

Drafting of Power of Attorney: A deed of power of attorney must be construed so as to include all powers necessary for its execution. There is no legal requirement that a power of attorney be prepared or reviewed by a lawyer. However, if important powers are going to be given to an agent, it is wise to get individual legal advice before signing a complicated form. A person who signs a power of attorney without fully understanding what it means, and without considering risks and alternatives, is asking for trouble. So a power of attorney must be drafted carefully and after knowing all its clauses written in the deed document.

Risk Involved In Granting Power of Attorney: With a power of attorney, an agent is often entrusted with important decisions. And the agent may have access to some or all of Principal’s money or other property. If the agent is not trustworthy, serious problems can result. For example, if the agent is dishonest and runs away with Principal’s money, it may be difficult or impossible to get the money back. An agent is not permitted to use principal’s property for his or her own benefit unless he is expressly authorised to do so. Also, a principal will ordinarily be bound by the agent’s acts (even foolish acts) and will be responsible for the agent’s negligence while the agent is acting for the principal. For example, if an agent is authorized to manage your financial affairs and signs a contract to purchase something on your behalf, you will ordinarily have to pay for it, like it or not. It is obviously important to choose a trustworthy agent; if no trustworthy candidate is available, a power of attorney should not serve its purpose.

 

21. Conclusion: A power of attorney is very essential legal document which can be admitted as a evidence in the court of law whenever there is any breach of trust by the attorney holder. It’s therefore essential that principal has great confidence in his designated attorney. An agents must be someone principal can trust, without reservation, to use his property for him and not for themselves, or anyone else.


High Court should not ordinarily entertain Writs in Contractual matters involving disputed question of fact

Posted by Rakesh Bhelloriya on August 16, 2015 at 7:40 AM Comments comments (1)

The Supreme Court of India on dated 15the August, 2015, set aside a Division bench Judgment of Kerala High Court, reiterating the legal position that a writ court should ordinarily not entertain a writ petition, if there is a breach of Contract involving disputed questions of fact. The Apex Court, criticising the judgment by Kerala High Court observed “in the case at hand, the High Court has appointed a Commission to collect the evidence, accepted the same without calling for objections from the respondent and quashed the order of termination of contract. The procedure adopted by the High Court, if we permit ourselves to say so, is quite unknown to exercise of powers under Article 226 in a contractual matter.” Division bench comprising of Justices Dipak Misra and Prafulla C. Pant said that the Appellate Bench of Kerala High Court should have applied more restraint and proceeded in accordance with law.

 

In this case, the PWD entrusted a contractor with a work to be completed within 12 months. Despite issue of several notices and instructions, the contractor failed to complete the work even during the extended period. Finally the PWD terminated the contract. Termination order was challenged before Kerala High Court. The Single bench refused to interfere in the matter. The Appellate bench appointed an Advocate commission and on the basis of the report submitted by them, it held that the order of termination was founded on erroneous facts inasmuch as the competent authority had opined that more than 50% of the work remained to be done. The Division Bench opining that as there was a factual defect, the order of termination of contract was liable to be quashed and accordingly axed the same.

 

The State of Kerala, through a Special Leave Petition approached the Supreme Court. The issue to be decided was “whether the Appellate Bench in intra-court appeal arising from a petition under Article 226 of the Constitution, should have carried out the exercise that it has done and eventually quashed the order terminating the contract by the competent authority of a Department on the ground that it was passed on erroneous 8 Page 9 facts, for the respondent contractor, as per the Commission’s report, had done higher percentage of work”?

The Judgment refers to State of Bihar v. Jain Plastics and Chemicals Ltd,Gunwant Kaur v. Municipal Committee, Bhatinda,National Highways Authority of India v. Ganga Enterprises and ABL International Ltd. v. Export Credit Guarantee Corpn. of India Ltd to highlight under what circumstances in respect of contractual claim or challenge to violation of contract can be entertained by a writ court. Opining that the court should not enter into realm of disputed facts, the court observed “we really fail to fathom how a writ jurisdiction can be extended to cause a roving enquiry through a Commission and rely on the facts collected without granting opportunity to the State to file objections to the same and in the ultimate eventuate, cancel the order of termination of contract. What precisely was the quantum of work done and whether there had been a breach by the owner or the contractor, are required to be gone into by the appropriate legal forum”.

The Apex Court also held that appointment of commissions and enquiries in a writ petition related to contractual breach involving disputed question of facts “is impermissible and by no stretch of imagination subserves any public interest.” It found it surprising that the “High Court has been entertaining series of writ petitions at the instance of the respondent, which is nothing but abuse of the process of extraordinary jurisdiction of the High Court.”

What's better, SOCIETY, TRUST OR COMPANY

Posted by Rakesh Bhelloriya on November 20, 2013 at 3:35 AM Comments comments (1)

There are three different ways in which one can share good fortune with others in an organized and enduring manner and receive legal protection as well as tax benefits.

One can set up either a public charitable trust, a registered society, or a Section 25 Company (a trust corporation). Each has its own advantages and constraints. If a person wishes to set apart either property or money for a charitable purpose so that the income may be devoted in perpetuity for the fulfillment of the charitable activity, and wants to limit control over the disposal of that income to persons whom he knows and trusts, then it is best to set up a public charitable trust. A public charitable trust can be set up under the Bombay Public Charitable Trusts Act 1950 in Maharashtra or Gujarat. Elsewhere in the country it can be set up under the general law, i.e., by registration of the trust deed with the registrar. But a private trust whose beneficiaries generally are relatives or friends and not society at large does not enjoy tax benefits.

A minimum of only two persons are required to form a trust which can be set up by executing a trust deed on non-judicial stamp paper worth 4 per cent of the value of the trust property, with either the charities commissioner in Maharashtra or Gujarat or with the registrar of documents elsewhere. The trust deed enshrines the aims and objects and mode of management of the trust. The management rests with the board of trustees who can remain so for life, and need not stand for election. Changes in the composition of the board are usually by invitation and not election. This ensures that the trust is managed by those approved by the original donor/s or trustee/s who cannot be removed by election as in the case of a society. There is thus minimum danger of a takeover by persons not approved by the trustees or settler.

The disadvantage is that the alteration of the objects laid down in the trust deed is difficult and only the settler can modify them. The charities commissioner also has more power to intervene in the affairs of a trust than in a society, and a trust cannot be dissolved easily. Hence a trust should be set up only when one wishes to make an endowment of property for perpetuity and the trustee’s desire that this property be used only for specified charitable purposes with close control by the original settlers/trustees.

Alternatively, one can set up a registered society under the Societies Registration Act of 1860 or its versions in force in different states. Unlike trusts, a society has a more democratic set up with membership and an elected body to manage the society. The original members of a society can continue to remain in control as long as they are elected to the managing committee, but at the same time can opt out of the society if they wish, which trustees cannot. The society can exist as long as the members wish, but there is always a possibility of complete renewal of members and objects can be modified easily. It is easier to wind up a society than it is to wind up a trust. A minimum of seven members are required to form a society. They have to file a memorandum of association on non-stamp paper, setting out the objectives of the society before the registrar of societies in the state in which the society is set up. The legal requirements are much simpler than in the case of a trust or Section 25 companies. But the main disadvantage is that due to democratic procedures, the society can be taken over by elements opposed to the founding members.

For an individual who wishes to create a nonprofit concern for charitable purposes as an adjunct to his main business activities it would be best to create a Section 25 company under the Indian Companies Act of 1956. Only seven members are required to set up a nonprofit company. The main instrument is the memorandum and articles of association filed on non-stamp paper before the registrar of companies.

Its advantages are that a wide range of activities can be taken up. Though complex, its objects can be modified if need arises, and providing services and trading on a no-profit basis is possible. The management is with the board of directors and prevention of takeovers is easier than in a society. However, under company law, the formation and regulation procedures are more complex than in either a trust or society.

In sum the type of legal incorporation to be chosen would depend mainly upon requirements and preferences. All three types of organizations can hope to get tax benefits provided they meet the necessary criteria, though.

IMAGE OF ADVOCATE IN SOCIETY

Posted by Rakesh Bhelloriya on May 10, 2013 at 6:25 AM Comments comments (0)

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अधिवक्ता देश का स्थायी स्तंभ है, वह समाज का मार्गदर्शक है। देश और विदेश में ऐसे अनेक महान अधिवक्ता पैदा हुए, जिन्होंने विश्व का मार्गदर्शन किया और कर रहे हैं।

अधिवक्ता भी एक मानव है। उसे पग-पग पर अच्छाई-बुराई का सामना करना पड़ता है। वह काले कोट में समाज के अंदर व्याप्त सभी प्रकार की बुराइयों को अंगीकार करता है, जबकि सफेद रंग की टाई बुराइयों को संशोधित कर अच्छे विचारों को बाहर निकालने की परिचायक है। डॉ राजेंद्र प्रसाद, मोती लाल नेहरू, सरदार पटेल, महात्मा गांधी, डा. अंबेडकर आदि अधिवक्ता थे। जिन्होंने अपनी जिम्मेदारी समझते हुए समाज हित के कार्य किए

NGO & ITS ADVANTAGE

Posted by Rakesh Bhelloriya on May 8, 2013 at 2:30 AM Comments comments (0)

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So many people want to quit their high profile jobs and turn to social work! If you are one of them, you should know that setting up an organization, such as an NGO, in India is no easy task. But if you’re determined, there’s help at hand.

 

NGOs are organizations that usually work towards the promotion of certain causes or the welfare of a target population. Since they function in the non-profit realm, their objectives and modus operandi are often ambiguous compared to for-profit organizations. In order to achieve their objectives, NGOs need to follow a meticulous approach right from the stage of conceptualization. Besides, there are rules and regulations laid down by the Government of India. Here is a brief step-by-step guide for starting your own NGO in India:

 

Step 1: Conceptualization
 

The first step is to lay down the issues that your NGO wants to address, and identify the mission and vision.

 

Step 2: Forming the Governing Body
 

Before registering the organization, you need to have a governing body in place that will be responsible for all activities and decisions of the organization. The governing body will be involved in all matters of strategic relevance, including strategic planning, financial management, human resources and networking.

 

Step 3: Formulation of Byelaws


Every NGO in India is legally required to document a trust deed/ Memorandum of Understanding/ byelaws that contain the name and address of the NGO, mission and objectives, details of governing body members, human resource and staffing information, rules and regulations, administrative laws and procedures.

 

Step 4: Registration


In India, you may register an NGO under any of the following Acts:

  • Indian Trusts Act: A Charitable Trust is not legally obliged to obtain registration; unless the Trust wants to claim income tax exemptions or is based in a state that is governed by the Public Trusts Act, such as Maharashtra.
  • Societies Registration Act: A society can be formed by a group of seven or more people. Its formation is more complicated than that of a trust, but it also affords more flexibility in terms of regulations.
  • Companies Act: An association that is formed for the promotion of art, science, commerce, religion or charity can be registered as a company but its members cannot be paid a dividend. All profits should be utilized for furthering the objectives of the company.

 

Step 5: Fundraising


This is probably the most decisive step for an NGO. Funds can be raised through internal sources (membership fees, sales, subscription charges, donations, etc.) or grants-in-aid from the Government, private organizations or foreign sources. Inflow of foreign funds is governed by the Foreign Contribution Regulation Act (FCRA) 1976. Many NGOs are eligible for tax exemptions - be sure to check your eligibility status and file your application if the exemption applies to you.

 

Besides meeting the above mandatory requirements, you need to build a wide professional network with other NGOs, Government agencies, media and the corporate sector. Like most other organizations, an NGO thrives primarily on the strength of partnerships

 

CBSE AFFILIATION PROCEDURE & FEE

Posted by Rakesh Bhelloriya on March 17, 2013 at 1:55 PM Comments comments (9)

How to Get CBSE affiliation?

CBSE grants affiliation to various schools like government or government aided, schools run by government department, private, unaided etc. If you are planning to open a school or already running a school, it is essential to get it affiliated by CBSE, to make it a landmark in quality education. The procedure and affiliation charges depend on kinds of affiliation.

CBSE provides 3 kinds of affiliation i.e. provisional, permanent and temporary for the following reasons:

• For approval of Middle Class Syllabus or additional subjects, if your school is already affiliated.

• For upgrading your school to senior or senior secondary level.

• For extension of Provisional Affiliation upto Secondary / Senior Secondary level.

Applying for affiliation

Essential Documents

• Copy of Registration letter of the Society, under Society Registration Act.

• Land Certificate from concerned authority.

• Affidavit of non- proprietary character of society.

• NOC letter from the Education Department of the state.

Affiliation bye laws

• The selected land must be 2 acres or at least 1acre for metropolitan cities.

• No Objection Certificate is the mandatory document obtained by Department Of Education.

• Availability of minimum 1sq.metre floor space per student is required.

• Suitable furniture and office equipments should be available in your school. Your school must have a science and home science lab, a library and a computer lab with minimum 10 computers.

• Availability of well qualified teaching staff is required to sufficiently teach respective sections.

• Payment of salaries to staff should not be less than the corresponding categories of employees in the State/Central Government.

• Your school should have proper provision and facilities available for physically challenged students.

• The sanitary conditions, drinking water and fire safety precautions in your school should be according to prescribed standards of Municipal Authority of your area.

• Students’ fee should be according to the facilities available in your school.

Fee Structure

• For middle class syllabus: Rs.25, 000/-

• For provisional affiliation of secondary classes: Rs. 75,000/- or Rs.50, 000/- (if already affiliated upto Middle Class)

• For upgrading Senior Secondary level: Rs.50, 000/- or Rs. 1 ,25, 000/- (If switch over from other board)

• For addition of subject: Rs.5, 000/- per subject (Science subject) or Rs.3, 000/- (Other subject)

• For extension of provisional affiliation: Rs.25, 000/-

The fee is to be submitted by Demand Draft drawn in favour of Secretary, Central Board of Secondary Education, Delhi.

Hence, all the essentialities given in the above overview has to be fulfilled, failing to fulfill any of these will led to rejection of your affiliation. However, merely getting a CBSE certificate is not enough to run a school. For imparting quality education and to become the most trusted school in education fraternity; you need to maintain the quality education by exploring, revising and innovating the resources of teaching, teaching strategies, learning environment etc.

Central Board of Secondary Education (CBSE) is the most trusted board of education for private and unaided schools, under the Union Government of India. A school affiliated with CBSE gets various advantages like it helps in preparing the curriculum, innovative teaching- learning, setting examination pattern, raises the academic standards of the school. It also prepares curriculum and innovate teaching-learning methodologies to create student friendly environment

Central Board of Secondary Education (CBSE) is the most trusted board of education for private and unaided schools, under the Union Government of India. A school affiliated with CBSE gets various advantages like it helps in preparing the curriculum, innovative teaching- learning, setting examination pattern, raises the academic standards of the school. It also prepares curriculum and innovate teaching-learning methodologies to create student friendly environment

After selecting the required affiliation for your school, you need to visit nearby Regional Office of CBSE. There are 8 regional offices of CBSE in India, their list and contact numbers are easily available online. Instead of visiting the regional office, you can visit the CBSE’s official website and apply for affiliation by filling the online form available.

It is essential to attach the following set of documents with your application form:

To ensure the affiliation of your school, it is mandatory that your school should meet the CBSE standards of education. Some necessary conditions are given below as per CBSE Bye Laws to get the affiliation:


PROTECTION OF WOMEN IN INDIA

Posted by Rakesh Bhelloriya on February 11, 2013 at 2:40 AM Comments comments (0)


'The law is clear that in self-defence you can attack anybody though you must not harm them more than necessary'

It’s a very sad reflection on our society that women feel unsafe and unprotected not just on deserted roads and car parks, but even in their own homes. In the aftermath of the horrific news, a single friend asked in distress, “Does that mean we cannot trust any man?”

I hate to say this, but yes, it does seem like it. Better safe than sorry… or worse. When now a day’s work and lifestyles dictate that women need to travel alone, live alone and commute alone, how does a woman ensure her own safety?

I think it is important to be prepared for the worst. However dire this may sound, the only way to defend yourself is to take measures against the worst that can happen. Most girls are caught unprepared. Make a note of your most vulnerable moments when you can be overpowered and guard against those.

Trust your womanly instincts about people and situations. Be alert to your surroundings and aware of the first signs of danger. If you feel someone is following you, step into a crowded place. Call a friend or relative to escort you back.

As you get into or out of your car, watch out for anyone lurking around or a single man in the car parked next to yours. Run back to safety if you are suspicious. Always walk confidently, don’t look lost. It is proven that criminals target the lost, scared-looking women. I read advice from a cop that said even if the assailant has a gun, try and get away; there is only 4 in 100 chance that he will be able to get a hit!

Feed in the police control room number or 100 into your speed dial. Also have a friend or relative on speed dial. When in vulnerable spots, keep a pepper spray handy. Spray it into the eyes of an assailant. A perfume bottle or hairspray are good alternatives. Supreme Court lawyer Shilpi Jain urges single women to learn self-defence techniques and apply for licenced pistols, to keep in touch with neighbours and call the police patrol at the first sign of danger. “The law is clear that in self-defence you can attack anybody though you must not harm them more than necessary.”

Politeness could be your undoing. Never open the door to a stranger when alone nor stop to help another in a deserted area. Call the cops instead. When a mechanic or plumber is due home for work, request a neighbour or friend to be present.

Door keys should never be left in obvious places. Once inside, do not leave them next to the main door. This is the mistake Pallavi made. Dress appropriately, as per occasion. Clothes that may seem appropriate inside a bar will look provocative when alone in a deserted area.

Remember we live in a world of sharp contrasts — the haves and the have-nots, the educated and the uneducated, the cultured and the uncultured. To flash wealth or flesh, or to be perceived to be free with your favours, is to tip the balance, and invite trouble!

 

 

misuse of women and children for commercial sexual exploitation

Posted by Rakesh Bhelloriya on February 10, 2013 at 3:30 AM Comments comments (0)


Trafficking in women and children for commercial sexual exploitation and other abusive purposes is rampant in India. The incidence of intra-country trafficking is also very high. Constitution of India under Article 23 prohibits trafficking in any form. There are special legislations like Immoral Traffic Prevention Act (ITPA), Bonded Labour Abolition Act, Juvenile Justice Act, etc. in addition to the provisions in the IPC (Indian Penal Code). Recently Government of India has proposed amendments to the Immoral Traffic Prevention Act, 1956.

The changes have been proposed since the existing framework is inadequate to counter trafficking. Human trafficking can be classified into three categories, (a) commercial sexual exploitation, (b) exploitative labour like domestic work, work in carpet industry, camel jockeying, etc. and (c) organ selling. The first category, i.e. commercial sexual exploitation (CSE) could be in brothels, massage parlors, beet bars or anywhere.

Even some of the ‘marriage bureaus’, especially in places where the female population is skewed have been trafficking women under the facade of marriage. Trafficking of exploitative labour (EL) could be for labour in industries, agriculture, domestic ambience, entertainment industry, etc. This includes children. men and women. The third category is of organ-trafficking.

The cause of trafficking is two dimensional. One is the demand factor and the other is the vulnerability’ of the person trafficked or likely to be trafficked. Where there is more demand, there is more crime. Human trafficking in any form is demand driven. The other dimension, i.e., vulnerability is not only due to poverty. It is a combination of several factors.

These factors include illiteracy, lack of awareness of rights, disparities in income, scope of exploitation of the person, poor law enforcement, lack of public awareness, etc. The Immoral Traffic Prevention Act, 1956 does not criminalize prostitution, but mostly punishes acts by third parties facilitating prostitution like brothel keeping, living off earnings, even where sex work is not forced. Government of India in the year 1950 ratified an international convention for repression of traffic in person and the exploitation of the prostitution.

The law was introduced in 1956 as SITA (The Suppression of Immoral Traffic Act) and in 1986 it was amended as the current ITP A, in which the legal framework is same. Studies have shown that despite the noble intentions of Indian lawmakers, the police have used every means possible’ to harass sex workers.

Recently sex workers marched the streets of Delhi to draw public attention to the fact that the amendments would deny them their already meager’ livelihoods. Not only the sex workers, but the AIDS activists and peer educators are regularly harassed by police. Now the sex workers with the moral and material support from national and international celebrities and NGOs are saying with confidence we are here because we prefer this lifestyle. Give us the light to openly practice our trade.

They want the amendment of the existing law, which gives punishment for clients of sex workers and the pimps. They have valid arguments for their claim. Arrest and rescue operations by the police are mostly a drama to keep the terror alive, so that the sex workers and pimps dare not resist paying bribes. Actually, almost all brothels and those who run the sex trade function under the ‘protection’ of or with the connivance of the police. The more sex trade flourishes, the more money police make.

Again the police-pimp nexus makes it more dangerous for those women who are being forced into this profession but try to escape from this slavery. Amendment of law alone can not protect them. Infect a large number of Indian women do not become prostitutes only through trafficking. Women in India are tricked, forced and sold into this profession. And many enter the trade to earn a living in the absence of other opportunities for employment.

It is a result of their being in socially and economically backward position. If this profession is legalized then certain basic questions will arise. What does the term legalize actually mean? Does it mean that a sex worker can open a brothel anywhere she likes and advertise her services?

How many even among those, who are empathetic towards the plight’ of prostitutes, are willing to allow a brothel right next to their own house? How can we make our children understand that renting a women’s body for sex is considered a perfectly legitimate activity? How can law handle the high society call girls and their influential pimps? Those who demand that sex work be given the same ‘respect’ as any other profession need to explain whose duty it is to give or ensure respect.

A new central Scheme “Ujjawala- Comprehensive Scheme for Prevention of Trafficking and Rescue, Rehabilitation and Re-integration of Victims of Trafficking for Commercial Sexual Exploitation,” has been launched. In our country, the overwhelming majority get involved into sex work due to poverty related compulsions or abusive family circumstances. Even in those countries where sex work is legal, sex workers do not command social respect.

So law cannot abolish the dehumanizing forms of sex slavery. The other known purposes of trafficking are for entertainment industry, domestic work, work in carpet, garment, fishing and brick industries, forced labour, camel jockeying, drug trafficking, begging, etc. Women and children are mainly involved in these professions. About seventy three million children belonging to the age group of 10-14 years are engaged in child labour all over the world.

Article 24 of the Constitution of India bans child labour below 14 years of age. More than 20 per cent child laborers aged 5-14, in India, are toiling in the fields or hunting in forests for a livelihood. Children work in farms, plantations, fisheries and cottage industries. They do not go to school as they have to work to add to the income of the family.

With globalization and increasing competition, there is a growing demand by employers for cheap labour of women and children. Many children are lured out of their homes by false promises of love, marriage or work. They may accompany their friends, acquaintances and then find themselves trapped in a vulnerable situation. Camel Race is a very popular game in some countries of Middle East.

Children are mostly preferred for camel jockeying. A recent report says that many children from Andhra Pradesh, Rajasthan, Maharashtra, and West Bengal. Uttar Pradesh is trafficked for this inhuman profession. Living environment is deplorable-: the physical facilities provided in the so called work areas are below any acceptable living standards.

Wages paid are very low and sometimes they are not paid at all. They have no access to health or medical facilities. The employer takes advantage of their docile nature and their willingness to do monotonous jobs. So the rescue operations of minors, in prostitution or any kind of illegal work is primarily the State’s responsibility. NGOs however have done a much better job by themselves throughout the country.

The organ trafficking is not new to the world and India is considered to be one of its biggest centers. Human Organs Transplant Act was enacted in 1994. But it resurfaced in 1998 after discovery of organized rackets in Uttar Pradesh and Karnataka that year. Kidney is a paired organ in the human body and one of the kidneys can be removed from an alive person and thus, is most preferred organ in trafficking business.

There is a yawning gap between the demand and supply of kidneys worldwide and this leads to black marketing of kidney. The rich people are ready to pay huge sums of money to save their lives, and there is a set of donors who donate for the sake of money only. The donors are mainly poor people, who are lured by very lucrative’ offers for jobs but are paid a meager sum by brokers involved in the racket, while the hefty’ financial gains are enjoyed by ‘middle men’.

World Health Organization (WHO) estimated that ten percent of all transplant involved patients from developed countries went to poor countries to buy organs. The various policies and strategies to boost the donations have not been successful. Till date, the supply of transplant organ is left to altruism’.

We need to encourage a law of ‘presumed consent’ which authorizes the doctors to remove organs from a ‘brain-dead’ individual if there are no objections from the family members. Several European countries like Austria, Belgium, France and Italy have legalized this transplant and they have witnessed increase in the number of donations. Ethically thinking, we may feel that buying and selling of organs is wrong, but is it morally right to let a patient suffer and die on dialysis when something can be done to save his life? Unless and until we bridge the ever-widening gap of demand and supply, such rackets will continue to flourish.

The Government of India formulated a National Plan of Action to combat immoral trafficking in 1998. It was formulated by the joint efforts of the Department of Women and Child Development and Ministry of Human Resource Development. This committee was formed to look into the problems of trafficking and has brought together NGOs and other organizations who work on this issue.

Anti human trafficking is an area which beckons all those who are concerned with human rights. There is much to do and something to be done by everybody. The United Nations Office on Drugs and Crimes (UNODC), New Delhi, in partnership with Government of India and state government agencies has set up Anti Human Trafficking Units (AHTU) in several states. All who are committed to human rights must join hands in this global initiative in fighting human trafficking.

Aid to Vocabulary:

1. Gravest–extremely threatening

2. Skewed-fair, normal

3. Vulnerability- exposed to damage

4. Meager-lacking in amount or quantity

5. Plight- condition or stale, especially an unfortunate one

6. Deplorable-exceedingly bad

7. Lucrative-profitable

8. Hefty–big and heavy

9. Altruism-the fact of caring about the happiness and needs of other people more than your own.

Points to Remember:

1. Human trafficking is one of the gravest violations of human rights and dignity.

2. Trafficking can be classified into three categories -

a. Commercial sexual exploitation

b. Exploitative labour

(c) Organ selling

3. The cause of trafficking is two dimensional. i.e., demand factors and vulnerability of the person trafficked.

4. The Immoral Traffic Prevention Act of 1956 does not criminalize prostitution, but punishes the person who facilitates it.

5. Women and children are mainly involved in exploitative labour as they are paid low wages by the employers.

6. Human Organ Transplant Act of 1994 could not control organ trafficking.

7. Government of India has formulated a National” Plan of Action to combat immoral trafficking.

 

Short Comments on Afjal Guru Hanged

Posted by Rakesh Bhelloriya on February 9, 2013 at 6:35 AM Comments comments (0)


Parliament attack convict Afzal Guru has been hanged in Delhi's Tihar jail at 8am on Saturday morning, Union home secretary said.

Earlier the reports said that his mercy plea had been rejected by President Pranab Mukherjee. He was convicted for his role in the attack on Parliament in 2001.

A curfew has been clamped in parts of Jammu and Kashmir.

Afzal Guru was given the death sentence by the Supreme Court in 2004. His hanging, scheduled for October 2006, was suspended or stayed after his wife filed a mercy petition on his behalf.

Sources say that the President informed the home ministry that he had rejected the mercy petition on January 23.

In December 2001, five heavily-armed terrorists drove into the Parliament complex and opened fire.

Nine people were killed, most of them members of the security forces. The terrorists were shot dead.

Both houses of Parliament had just been adjourned and several MPs were still inside.

A few days later, Afzal Guru was arrested.

The main opposition party, the BJP, has repeatedly questioned the delay in the execution of Afzal Guru, and its leaders last questioned the government in Parliament on the 11th anniversary of the attack last month.

In November last year, Ajmal Kasab, the terrorist from Pakistan who was caught during the 26/11 attacks in Mumbai, was executed in a Pune jail in a top-secret operation.

 


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