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Invite eSignature Presentation Safe. Check out the most end user-warm and friendly knowledge of airSlate SignNow. Control all of your papers handling and discussing process electronically. Change from portable, papers-based and erroneous workflows to computerized, electronic digital and faultless. It is simple to create, produce and signal any paperwork on any system everywhere. Be sure that your essential business circumstances don't slide over the top.
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FAQs
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How do I make a book post through Indian post?
It is very simple. Generally invitations or greeting cards are sent by book post. First write “book post” on the top of the face of the envelope.Take your envelope to postoffice and got to weighed. Envelope weighing up to 50 grams will be charged ₹4/- . I am enclosing here rate chart of different products. Sl no 6 is book post category.On thecontents of book post, you can write only name of the addressee and your name. Any personal communication is not allowed. If personal communication is added book post will be treated as envelope and will be charged double the deficiency of the postage from the addressee. For example: book post having personal communication weighs 20 grams will be charged as envelop of ₹5/- and double the deficiency ₹2/- will be collected from addressee.
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What is a PD bond in Customs? How does it help me as a trader?
Hi PD Bond is always safeguarding (Indemnity) the Indian Government revenue since it is heading to The President of India / Commissioner of Customs . Whenever you clear the cargo /goods on provisional clearance or may be final clearance ,even while Apply for any duty refund with customs . Kindly refer below Customs Notification for details understanding.OFFICE OF THE COMMISSIONER OF CUSTOMS (IMPORT)JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA,DIST. RAIGAD,MAHARASHTRAhttp://F.NO. EDI-13/02-03 JNCH Date:01/12/2003Standing Order No.81/2003Sub: ICES - Bond Management System � Modifications � reg.Attention of all Officers and Staff Members at Jawaharlal Nehru Custom House is invited to the Bond Management Procedure vide Public Notice No. 6/2002 dated 18.02.2002 regarding centralized Bond Management System. The existing procedure of Bond Management System is modified to the following extent as given below, which will come into effect from 01.12.2003.1 Bond Management SystemThe Indian Customs EDI System (ICES) proposes to introduce Bond Cell, which will be responsible for maintenance of documents related to Bonds, Bank Guarantees and Undertakings. Officers of the rank of DC/AC shall handle the Bonds. The Bond Cell will be responsible for the following:- Registration of Bonds/undertakings, Bank Guarantees, Sureties- Debit and Credit of Bonds for EDI B/Es and Manual B/Es- Closure of Bonds, Bank Guarantees- Enhancements- Issue of recovery notices- Issue of reminders- Generation of MIS reportsAll categories of bonds, including the Revolving / Continuity and the Specific Bonds have to be registered and maintained in the Central Bond Cell. The Appraising Groups will determine the Bond requirements, the type and the amount of bond is to be decided by the Appraising Officer of the Group and approved by the Assistant Commissioner/Deputy Commissioner. However, the system will assist in determining the type of Bond / BG and value. Bond requirement details will be printed on the B/E after the assessment. The details include the type of Bond, amount and the Bank Guarantee.2 Bond Cells(A) The Appraising Groups of Import Commissionerate will handle the following bonds for the Bills of Entry pertaining to Group 1 to 7.Provisional Duty Bond - GeneralTest BondEnd Use Bond / UndertakingProvisional Duty Bond - Project Imports(B) The DC/AC Bond and the Bond Department of Import Commissionerate will handle the following Bonds for imports in Import.Extra Duty DepositTransit BondWarehouse Bond (including Tank licence Bond)100% EOU Bonds (3 in 1 Bonds),Procurement Certificate and Re-ware housing Certificate.The DC bond, will be a nodal officer for all bonds being registered in Jawaharlal Nehru Customs House. The bond department will attend to all kinds of miscellaneous works with respect to all bonds in Jawaharlal Nehru Custom House.3 Registration of BondThe bond module provides for registration of all Bonds / Undertakings, Bank Guarantees, Sureties etc. in the system. The importer shall furnish the following details for registration at Service Centre-II located at New Administrative Bldg., 2ndfloor, A-wing. In case of specific bonds, the Bill of Entry has to be filed first. After the assessment of the B/E the bond details as mentioned below shall be submitted for bond registration: -.Bonds / Undertakings- IEC- Bond Type- Bond Amount *- Revolving / Specific- Date of Bond- Date of Expiry- Date of enforcement- Whether BG Y/N- Surety Y/N- Cash Deposit Y/N- Remarks* for Bonds already executed, the existing balance to be captured as opening balance in the LedgerBG Details- Serial No. (as given by the Bank)- Bank branch code- Bank name- BG amount- BG date- Expiry date of BG- Date of enforcement- RemarksSurety Details- Serial No. ( as given by the party )- Surety Name- Address- Identification particulars of surety (CHA code, Chartered Accountant Registration No. Etc.)- RemarksCash Deposit- Challan No.- Date- Amount- Date of DepositThe bond detail shall be entered in the Service Centre-II. On entry, system will assign a job no. and checklist will be generated. The importers / CHA shall satisfy with the correctness of details in the checklist. The corrections if any shall be made and job shall be submitted.After submission, the job shall be forwarded to AC /DC designated to accept the bond. The importer shall present the original bond documents to the respective designated AC / DC for acceptance.The AC /DC shall observe all the instructions regarding acceptance of bond issued by the Board / Custom House from time to time. After satisfying that the documents submitted are in order & acceptable the AC/DC shall retrieve the bond details on screen by entering the job no., view the entries made in the system. If the information in the system match with the documents & conditions for acceptance of the bonds are satisfied, the AC / DC may accept the bond in the system. The AC/ DC can also make corrections in the system if so required. After acceptance of the bond by AC / DC the bond documents shall be taken by the bond officer / bond clerk of the Appraising Groups/Bond Section. The Bond officer/ Bond clerk after receipt of the Bond / BG / Security etc. shall enter in the system the location of bond storage where the bond documents have to be physically stored. At this stage the system will generate the bond registration No. This Registration Number has to be endorsed on the original documents and also communicated to the importer for their future reference. The original Bond alongwith zerox copy of BG shall be retained in the safe custody of the Appraising Groups/Bond section. The AC/DC incharge of Appraising Groups/Bond department shall monitor the validity/extension of Bond/BG and take enforcement action/cancellation at appropriate time and finalize the same. The original BG shall be detached by the Bond Clerk of Appraising Group/Bond department and sent it to the C.A.O. under proper acknowledgement for safe custody.In case of continuity bond, the bond has to be registered first and then only B/Es have to be filed.4 Bond Registration NumberSystem would maintain a single running Serial No. for all types of Bonds.The present series of numbers will be continued.5 Processing of Bill of Entry (with Bond)5.1 Declaration in theServiceCenterIn case the importer has already registered a Continuity Bond with the Bond Cell, he has to specify the type of Bond and Registration Number in the Service Centre declaration. However, the Bond value and BG amount is determined by the Appraising Officer. If Continuity Bond is not there, no declaration (bond) needs to be given in the Service Centre. Bond details will be printed on the Checklist.In case of EOU Bond already submitted at the Central Excise Commissionerate / Office, the Certificate Number has to be provided. If Certificate Number is declared, EOU bond is not required. At the submission stage, the validity of bond is checked.5.2 AppraisingThe AO has the option to ask for bond as condition of assessment. The following type of Bonds can be opted:Provisional Duty Bond - GeneralTest BondEnd Use Bond / UndertakingTransitProvisional Duty Bond - Project ImportsExtra Duty DepositEOU BondWarehouse BondBE Type `W�: Warehouse Bond is mandatory.EOU Bond: In case of items, where EOU Notification is claimed, EOU Bond or procurement Certificate from Central Excise authorities is mandatory.Provisional assessment: If any of the items is assessed provisionally, the Bond (Provisional or Test) is mandatory.The AO has to specify Type of Bond, Bond Amount, BG%, BG amount, basis for bond amount at the BE level.AC (Group) has to confirm the action of AO. Auditor has no option in respect of bonds. However, he can view the Bond requirements.Bond requirement details:On completion of assessment, the Bond requirement details will be printed on the Assessed Copy of the BE.5.3 AC/DCWhere the Bond has not been executed before assessment, on completion of assessment and payment of duty (wherever required) the importer is required to execute the Bond in respect of the Bill of Entry in question, before goods registration in the Shed. If the Bond has not been executed against the Bill of Entry the goods registration cannot be done.The Importer has to give a written request to AC/DC for debiting the bond against a BE. The importer shall specify the Bond Registration No. BE No. and Date. The AC/DC has to retrieve the Bond and debit the Bond and BG. He/She has the option to view the BE.Before debiting the system will pose the following query:Whether the language of the bond meets the legal requirement of the assessment of the BE.If the amount to be debited is more than the credit balance in the Bond and BG Ledgers, the system will not allow debit and the AC/DC has to raise a query to the Importer for filing fresh bond /BG.The system will not allow goods registration and out of charge, if the debit entry is not made against the BE in the Bond and BG Ledgers.5.4 Bond re-creditThe AC has the option to re-credit value after finalization of assessment.Following entries will be made in the Bond and BG ledgers;- Date of credit- BE No. and Date- Amount credited- Reasons for credit(a) Assessment finalized no recovery(b) Assessment finalized and differential deposited separately.(c) Necessary end use certificate submitted.(d) Re-warehousing certificate submitted.(e) Test results received confirming the goods as declared bythe importer in the BE.(f) Others. (Specify)Bond Ledger FormatBE No.BE DateType of Document (manual or EDI)Debit Amount (Specified by AO)Credit amountDate of debit / creditOfficer Id.6 Debiting of the Bond for manual Bill of entryA continuity or a specific bond shall be accepted & registered in the system. A continuity bond registered in the system can be utilized in respect of an electronic as well as manual bill of entries. For debiting manual bill of entry the bond officer shall select the option of MBE-debit and enter the details of the manual bill of entry and amount of bond / BG etc.. After debiting, a debit slip will be generated which can be printed one copy of slip should be attached with the B/E and other copy given to the importer.In respect of Bills of Entry, where processing has not yet been automated, it would still be possible under the aforesaid Bond Management System to register the bond in the system and utilize it against a manually processed date of entry as per procedure indicated alone in respect of a continuity / revolving bond.7 Changes made in the Processing of Bills of Entry (Warehousing Bill and Provisionally assessed Bills)Consequent upon the introduction of the Bond Management System, changes are made in the processing of Bills of Entry for Warehousing of Imported goods and goods assessed to duty provisionally. The Bills of Entry would be linked to the respective Bonds and the system will maintain an account in this behalf. The procedure for processing of such Bills of Entry is briefly indicated below: -7.1. Warehousing bill of entryFor the Warehousing bill of entry the type of bill of entry should be indicated as �W�. The importer may indicate the bond details if a continuity bond has already been executed in the same manner as has been explained in respect of 100% EOU.The processing of warehousing bill of entry shall continue to be as at present in the respective groups on first come first serve basis.The system at the time of assessment of a Warehousing B/E shall display before the Appraiser the requirement of bond equal to double the amount of duty payable. The appraiser at the time of the assessment can change the bond /BG amounts. Where the bond details have been entered at the time of data entry the same shall be displayed by the system & debit details will be printed on the bill of entry. Where bond has not been debited at the time of data entry of B/E, bond requirement shall be printed along with the print of the bill of entry.The bond shall be registered with the designated bond Officer & debited in respect of a B/E. Unless the bond is debited in the system, bill of entry cannot be registered for examination & out of charge at the shed / docks.7.2 Provisional AssessmentsWhere an item of the bill of entry is assessed provisionally by the Appraiser irrespective of the fact, whether EOU /W/Hg Bill of Entry, PD bond will also be required in addition to the EOU / WHg. Bond. The details of the bond can be entered at the time of data entry as explained for EOU bill of entry. The type of bond for provisional assessment shall be �PD�.The System will indicate sum of the duty assessed provisionally for assistance of the appraiser for determining the amount of bond / BG for debiting. The Appraiser can change the amount of bond and/ or B.G. for debiting.If the bond details have not been entered at the time of data entry, the system will enforce bond. The Appraiser shall specify the amount of bond and bank guarantee. The duty if any assessed shall be deposited with designated bank as usual. The bill of entry will not be registered in the shed / docks for examination & out of charge till the duty is paid and the bond and BG as specified has been debited. The details of bond debit or the bond requirements shall be printed on the provisionally assessed B/E. Details of a debited bond will also be printed on the Importer�s copy and Exchange control copy of Bill of Entry.In case any Cash deposit is required to be taken, the Appraiser can specify the amount of Cash deposit; the Challan for Cash deposit will also be printed with the assessed copy of B/E, which will also be deposited with the designated bank like the duty and fine/penalty.Any difficulties faced in the implementation of the Standing Order may be brought to the notice of the concerned Jt.Commr. / Addl.Commr. of the respective Dept.. For systems related problems, the Joint Commr./Dy. Commr. Of Customs, EDI may be approached.Sd/-(R.SHARMA)COMMISSIONER OF CUSTOMS (IMPORT)JAWAHARLAL NEHRU CUSTOM HOUSEAttested by(B.NALEGAVE)Deputy Commissioner Of Customs (EDI)Encl : As above.APPENDIX - AFORMAT FOR DECLARATION AT SERVICE CENTRE FOR DATA ENTRY1. (a) CHA Licence No. :(b) Name :(c) Address of the CHA :2. Importer Particulars(a) Importer � Exporter Code(IEC) : (b) Branch Serial Number(c) Name of the Importer :(d) Address :3. Type of Importer(Tick) : (a) Government Departments (G)(b) Government Undertakings (U)(c) Diplomatic/UN and itsOrganisations(O)(d) Others (P)4. Authorized Dealer Code ofthe bank :5. Type of Bill of Entry(A) (H) Home Consumption(W) Warehouse(X) Ex-bond(B) (N) Normal Bill of Entry (after filing of IGM and after entry inward)(P) Prior BE (after filing of IGM and before entry inward)(A) Advance Bill of Entry (filed before filing of IGM and before entryinward)(C)HighSeaSale(HSS) : Yes/NoIf yes, high sea seller particulars-(a) Importer � Exporter Code(IEC) :(b) Branch Serial Number :(c) Name of the high sea seller :(d) Address :(D) Section 46 (1) Proviso Case : Yes/No6. Special requests, if any(A) First Check requested : Yes/No(B) Green Channel facility for clearancewithout examination requested : Yes/No(B) Urgent clearance requested againsttemporary documentation (kachcha B/E): Yes/No(D) Extension of time limit requestedunder Section 48 : Yes/NoIf yes, reasons for late filing of BE :-7.PortofShipment:8. Country of Origin :(if same for all goods of the consignment, otherwise declare at the item levelat http://S.No. 39 )9. Country of Consignment :IGM Details10. (a) Import General Manifest (IGM)No./Year :(b) Date of entry inward :11. (a) Master Airway Bill(MAWB) No./Bill of Lading (HBL) No. :(b) Date :12. (a) House Airway Bill No(HAWB)./House Bill of Lading(HBL) No. :(b) Date :13. Marks & Numbers :14. (a) Number of Packages :(b) Type of Package :15. (a) Gross Weight :(b) Unit of weight :16. Additional information for clearance of goods at Inland Container Depots(ICDs)(a) Name of the gateway port :(b) Gateway IGM Number :(c) Date of entry inwards atgateway port :17. Container details, (in case of clearance at ICDs andSeaPorts) wherever applicable------------------------------------------------------------------------------------CONTAINER NO SEAL NO FCL/LCL-------------------------------------------------------------------------------------------------------------------------------------------------------------------------BOND DETAILS18. (a) Whether clearance of imported goods is sought against any type of Bond already registered with customs at the point of import: Yes/No(b) IF YES, particulars of bond : -------------------------------------------------Type of Bond Bond Regn. No.-------------------------------------------------Warehousing (WH)100% EOUs etc. (EO)Provisional Duty (PD)Job-work (JB)------------------------------------------------(c) Details of procurement certificate, if any, from Central Excise Commissionerate.(i) Certificate Number :(ii) Date :(iii) Location code of the Central Excise Office issuing the CertificateCommissionerate :Division :Range :INVOICE PARTICULARS19. Whether Import undermultiple invoices : Yes/NoIf Yes, (a) no of invoices :(b) Total Freight :(c ) Total Insurance :DETAILS OF EACH INVOICE20. (a) Invoice number : (b) Date:21. (a) Purchase Order Number : (b) Date:22. (a) Contract Number : (b) Date:23. (a) Letter of Credit (LC) : (b) Date:Number24. Supplier details(a) Name of the supplier :(b) Address :(c) Country :25. If supplier is not the seller, -(a) name of the seller :(b) Address :(c) country :1. 26. Broker/Agent details:(a) name of the broker/agent :(b) address :(c) country :27. Nature of transaction (Tick)(a)Sale(b)Saleon consignment basis(c) Hire(d) Rent(e) Replacement(f) Gift(g) Sample(h) Other free of cost.28. Terms of Payment (Tick)(a) LC(b) DP/DA(c) SD(d) FOC(e) Others29. Conditions or restrictions, if any, attached to the sale30. Method of valuation applicable :31. (a) Invoice value : (b) Currency:32. Terms of invoice (Tick) : (a) FOB/ (b) CIF /(c) CI / (d) CF33. Freight, Insurance and othercharges :----------------------------------------------------------------------------------------------Rate (%) OR Amount Currency---------------------------------------------------------------------------------------------(a) Freight :(b) Insurance :(c) Loading, unloading andhandling charges[ Rule 9(2)(b)] : 1%(d) Other charges related to thecarriage of goods (eg. daughtervessel expenses, transit/transshipmentcharges etc) :34. Cost and services not included in the invoice value and other miscellaneouscharges :Rate(%) OR Amount Currency(a) Brokerage and commissions :(b) Cost of containers :(c) Cost of Packing :(d) Dismantling, transport andhandling charges at the country of :export or any other country(e) Cost of goods and servicessupplied by buyer :(f) Documentation :(g) Country of Origin Certificate :(h) Royalties and licence fees :(i) Value of proceeds, which accrueto seller :(j) Cost of warranty services if any,provided by the seller or on :behalf of the seller(k) Other costs or payments, if any,to satisfy the obligation of the seller :(l) Other charges and payments, if any :35. Discount, if any : Yes/NoIf yes,(a) Nature of Discount :(b) Rate (%) or amount :36. Additional charges, if any for : Rate (%) OR Amount (In Rs.) purchase on high seas37. Any other relevant information which has a bearing on value :38. Details of SVB Loading wherever applicable (at Invoice level):(if same for all goods of the consignment, otherwise declare at the item level at http://S.No.39)Whether the buyer & seller are related : Yes/NoIf yes, whether relationship has beenexamined earlier by SVB : Yes/NoIf yes,(a) Ref No :(b) Date :(c) Custom House :(d) Load on : (A) Assessable value (B) Duty(C) Both(e) Loading rate ------------------------------------------------Assessable Value Duty-----------------------------------------------Rate in %age :(f) Provisional (P)/ Final (F) :-----------------------------------------------39. Items of Import:A. Detailed Description of Items:(1) Invoice Serial Number: (2) Actual Invoice NumberItem NoItem DescriptionGeneric DescriptionUnit PriceQuantityUnit of QuantityAccessories,If anyManufac-turer�sNameBrandModel/grade/specificationEnd use ofthe itemCountryof OriginPrevious imports, if anyB/E No.DateUnit ValueCurr-encyCustomHouse1234567891011121314151617B. Classification Details(1) Invoice Serial Number: (2) Actual Invoice Number:Classification DetailsImport Licensing DetailsSVB DetailsItem No.RITCCTHNotn./Sl NoCETHNotn/Sl No.SplAddlDutyNotn/Sl noSIANotn/Sl noSEDNotn/Sl NoTTANotn/Sl No.NCDDutyNotn/Sl noRe-Im-portY/NRSP Per UnitExim scheme code, if anyImport against licence Y/NParaNo/ Year of Exim PolicySVB Ref.No./DateCustom HouseLoadon Assess valueLoad on dutyPrpv(P) /Final (F)12345678910111213141516171819202122C. In case of re-import, Shipping Bill Details.(1) Invoice Serial Number (2) Actual Invoice NumberItem No.ShippingBill No.ShippingBill datePort ofExportInvoice No. ofSBItem Sl. No. in SBPayments made for export on Pro-rata basis (In Rs.)Freight Insurance12345678D Details relating to duty Exemption based on Exim Schemes and Licence particulars.(1) Invoice Serial Number (2) Actual Invoice NumberItem NoAddl Duty Exmpn.RequestedY/NNotification/Langrennski, Alpinski, Sykkel, Fjellutstyr, Klatreutstyr, Fotballsko, Joggesko og Klær.Licence Regn.No.Licence Regn.DateDebit Value (Rs.)DebitQty.UnitItemSl. No. in Licence123456789I enclose herewith the copies of following import documents:(1) INVOICE (2) PACKING LISTNOTE: Where the Invoice contains more than one unit of item and more than one description of items, UNIT PRICE of each item shall be mandatory.DECLARATION:I signNow that aforesaid declaration, the documents & the information contained therein is true and correct in all respects.Signature:Name of the Signatory:Name of the Importer/ Authorized Customs House Agent :Date:
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What are the laws - Data Protection, Data Transmission and Export and Data Encryption in India to operate a technology platform
The Information Technology Act, 2000 came into force on 17.10.2000 vide G.S.R No. 788(E) dated 17.10.2000 and for the first time, a legal definition of “Computer”, “Data”, “electronic record”, “Information” et al were provided. The said Act gave a legal recognition to the electronic records and digital signatures and in Chapter IX thereof provided for penalty and adjudication. Section 43 of the Act interalia provided that in case of unauthorised access, download or copying or damage to data etc, the person responsible shall be liable to pay damages by way of compensation not exceeding one crore rupees to the person affected.Apart from civil liability provided under Section 43, Chapter XI (Sections 63 to 78) of the Act of 2000 provided for criminal liability in cases of Tampering, Hacking, publishing or transmitting obscene material, misrepresentation etc. Apart from the same, Section 72 of the Act provided for penalty in case of bsignNow of confidentiality and privacy and laid that in case any person who has secured access to any electronic record, Data or information, discloses the same to any other person without obtaining the consent of the person concerned, he shall be punished with imprisonment upto two years or with fine upto Rupees one lakh or with both.However, the provisions of the Information Technology Act, 2000 were not adequate and the need for more stringent data protection measures were felt, the Information Technology (Amendment) Act, 2008 was enacted which came into force on 27.10.2009. The said Amendment Act brought in the concepts like cyber security in the statute book and widened the scope of digital signatures by replacing the words “electronic signature”. The amendment act also provided for secure electronic signatures and enjoined the central government to prescribe security procedures and practices for securing electronic records and signatures (Sections 15-16) The amendment Act also removed the cap of Rupees One Crore as earlier provided under Section 43 for damage to computer and computer systems and for unauthorised downloading/ copying of data. The said Amendment Act also introduced Section 43A which provides for compensation to be paid in case a body corporate fails to protect the data. Section 46 of the Act prescribes that the person affected has to approach the adjudicating officer appointed under Section 46 of the Act in case the claim for injury or damage does not exceed Rupees Five crores and the civil court in case, the claim exceeds Rupees Five crores. The amendment act also brought/ introduced several new provisions which provide for offenses such as identity theft, receiving stolen computer resource/ device, cheating, violation of privacy, cyber terrorism, pornography (Section 66A-F & 67A-C). The amendment act also brought in provisions directing intermediaries to protect the data/information and penalty has been prescribed for disclosure of information of information in bsignNow of lawful contract (Section 72A)With the enactment of the Amendment Act of 2008, India for the first time got statutory provisions dealing with data protection. However, as the ingredients of “sensitive personal data and information” as well as the “reasonable security practices and procedures” were yet to be prescribed by the Central Government, the Ministry of Communications and Information Technology vide Notification No. GSR 313 (E) dated 11th April 2011 made the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information ) Rules, 2011 (the said rules). Rule 3 of the said rules defines personal sensitive data or information and provides that the same may include information relating to password, financial information such as bank account or credit card details, health condition, medical records etc. Rule 4 enjoins every body corporate which receives or deals with information to provide a privacy policy. Rule 5 prescribes that every body corporate shall obtain consent in writing from the provider of the sensitive information regarding purpose of usage before collection of such information and such body corporate will not collect such information unless it is collected for a lawful purpose connected with the function or activity of such body corporate and collection of such information or data is necessary and once such data is collected, it shall not be retained for a period longer than what is required. Rule 6 provides that disclosure of the information to any third party shall require prior permission from the provider unless such disclosure has been agreed to in the contract between the body corporate and the provider or where the disclosure is necessary for compliance of a legal obligation. The Body corporate has been barred to publish sensitive information and the third parties receiving such information have been barred to disclose it further. Rule 7 lays down that the body corporate may transfer such information to any other body corporate or person in India or outside, that ensure the same level of data protection and such transfer will be allowed only if it is necessary for performance of lawful contract between the body corporate and provider of information or where the provider has consented for data transfer. Rule 8 of the said rules further provide reasonable security practises and procedures and lays down that international standard IS/ISO/IEC 27001 on “Information Technology- Security Techniques- Information Security Management System- requirements “ would be one such standard.The Ministry of Communication and Information Technology further issued a press note dated 24th August 2011 and clarified that the said rules are applicable to the body corporate or any person located within India. The press note further provides that any body corporate providing services relating to collection or handling of sensitive personal data or information under contractual obligation with any other legal entity located within India or outside is not subject to requirements of Rules 5 &6 as mentioned hereinabove. A body corporate providing services to the provider of information under a contractual obligation directly with them however has to comply with Rules 5 &6. The said press note also clarifies that privacy policy mentioned in Rule 4 relates to the body corporate and is not with respect to any particular obligation under the contract. The press note at the end provides that the consent mentioned in Rule 5 includes consent given by any mode of electronic communication.Data Protection relates to issues relating to the collection, storage, accuracy and use of data provided by net users in the use of the World Wide Web. Visitors to any website want their privacy rights to be respected when they engage in e-Commerce. It is part of the confidence-creating role that successful e-Commerce businesses have to convey to the consumer. If industry doesn't make sure it's guarding the privacy of the data it collects, it will be the responsibility of the government and it's their obligation to enact legislation.Any transaction between two or more parties involves an exchange of essential information between the parties. Technological developments have enabled transactions by electronic means. Any such information/data collected by the parties should be used only for the specific purposes for which they were collected. The need arose, to create rights for those who have their data stored and create responsibilities for those who collect, store and process such data. The law relating to the creation of such rights and responsibilities may be referred to as ‘data protection’ law.The world’s first computer specific statute was enacted in the form of a Data Protection Act, in the German state of Hesse, in 1970.The misuse of records under the Nazi regime had raised concerns among the public about the use of computers to store and process large amounts of personal data.The Data Protection Act sought to heal such memories of misuse of information. A different rationale for the introduction of data protection legislation can be seen in the case of Sweden which introduced the first national statute in 1973.Here, data protection was seen as fitting naturally into a two hundred year old system of freedom of information with the concept of subject access (such a right allows an individual to find out what information is held about him) being identified as one of the most important aspects of the legislation.In 1995, the European Union adopted its Directive (95/46/EC) of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter, the Directive), establishing a detailed privacy regulatory structure. The Directive is specific on the requirements for the transfer of data. It sets down the principles regarding the transfer of data to third countries and states that personal data of EU nationals cannot be sent to countries that do not meet the EU “adequacy” standards with respect to privacy.In order to meet the EU “adequacy” standards, US developed a ‘Safe Harbour’ framework, according to which the US Department of Commerce would maintain a list of US companies that have self-certified to the safe harbor framework. An EU organization can ensure that it is sending information to a U.S. organization participating in the safe harbor by viewing the public list of safe harbor organizations posted on the official website.Data protection has emerged as an important reaction to the development of information technology. In India data protection is covered under the Information Technology Act, 2000 (hereinafter, the Act). The Act defines ‘data’ as, “‘data’ means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer”. Protection of such data and privacy are covered under specific provisions in the Act. In the recent past, the need for data protection laws has been felt to cater to various needs. The following analyses the position of data protection law with respect to some of the needs.Data Protection Law In Respect of Information Technology Enabled Services (ITES)India started liberalizing its economy in the 1990’s and since then a huge upsurge in the IT business process outsourcing may be witnessed. Financial, educational, legal, marketing, healthcare, telecommunication, banking etc are only some of the services being outsourced into India. This upsurge of outsourcing of ITES into India in the recent past may be attributed to the large English-speaking unemployed populace, cheap labour, enterprising and hardworking nature of the people etc. Statistics have shown that the outsourcing industry is one of the biggest sources of employment. In a span of four years, the number of people working in call centers in the country supporting international industries has risen from 42,000 to 3,50,000. Exports were worth $5.2 billion in 2004-2005 and are expected to grow over 40% this fiscal year. US is currently the biggest investor in Indian ITES, taking advantage of cheap labour costs. Statistics indicate that software engineers with two-years experience in India are being paid about 1/5th of an equivalent US employee.Concerns about adequacy of lawBPO FraudsWith globalization and increasing BPO industry in India, protection of data warrants legislation. There are reasons for this. Every individual consumer of the BPO Industry would expect different levels of privacy from the employees who handle personal data. But there have been situations in the recent past where employees or systems have given away the personal information of customers to third parties without prior consent. So other countries providing BPO business to India expect the Indian government and BPO organizations to take measures for data protection. Countries with data protection law have guidelines that call for data protection law in the country with whom they are transacting.For instance, in, the European Union countries according to the latest guidelines, they will cease to part with data, which are considered the subject matter of protection to any third country unless such other country has a similar law on data protection. One of the essential features of any data protection law would be to prevent the flow of data to non-complying countries and such a provision when implemented may result in a loss of "Data Processing" business to some of the Indian companies.In the recent past, concerns have been raised both within the country as well as by customers abroad regarding the adequacy of data protection and privacy laws in the country. A few incidents have questioned the Indian data protection and privacy standards and have left the outsourcing industry embarrassed. In June 2005, ‘The Sun’ newspaper claimed that one of its journalists bought personal details including passwords, addresses and passport data from a Delhi IT worker for £4.25 each. Earlier BPO frauds in India include New York-based Citibank accounts being looted from a BPO in Pune and a call-center employee in Bangalore peddling credit card information to fraudsters who stole US$398,000 from British bank accounts.UK's Channel 4 TV station ran broadcast footage of a sting operation exposing middlemen hawking the financial data of 200,000 UK citizens. The documentary has prompted Britain's Information Commissioner's Office to examine the security of personal financial data at Indian call centers.In the absence of data protection laws, the kind of work that would be outsourced to India in the future would be limited. The effect of this can be very well seen in the health-care BPO business, which is estimated to be worth close to $45 billion. Lack of data protection laws have left Indian BPO outfits still stagnating in the lower end of the value chain, doing work like billing, insurance claims processing and of course transcription. Besides healthcare, players in the retail financial sector are also affected. Financial offshoring from banks is limited because of statutory compliance requirements and data privacy laws protecting sensitive financial information in accounts. In the Human Resource (HR) domain, there are many restrictions on sharing of personal information. In the medical domain, patient history needs to be protected. In credit card transactions, identity theft could be an issue and needs to be protected. Companies in the banking, financial services and insurance (BFSI) sector and healthcare have excluded applications/processes which use sensitive information from their portfolio for offshoring till they are comfortable about the data protection laws prevalent in the supplier country.Since there is lack of data protection laws in India, Indian BPO outfits are trying to deal with the issue by attempting to adhere to major US and European regulations. MNCs have to comply with foreign Regulations so that they don’t lose on their international partners. There are problems involved in this. Efforts by individual companies may not count for much if companies rule out India as a BPO destination in the first place in the absence of data protection law.Today, the largest portion of BPO work coming to India is low-end call centre and data processing work. If India has to exploit the full potential of the outsourcing opportunity, then we have to move up the value chain. Outsourced work in Intellectual Property Rights (IPR)-intensive areas such as clinical research, engineering design and legal research is the way ahead for Indian BPO companies. The move up the value chain cannot happen without stringent laws. Further, weak laws would act as deterrents for FDI, global business and the establishment of research and development parks in the pharmaceutical industry.Looking to the above scenario, we can say that for India to achieve heights in BPO industry stringent laws for data protection and intellectual property rights have to be made. . Thus, a law on data protection on India must address the following Constitutional issues on a "priority basis" before any statutory enactment procedure is set into motion:(1) Privacy rights of interested persons in real space and cyber space.(2) Mandates of freedom of information U/A 19 (1) (a).(3) Mandates of right to know of people at large U/A 21.Once the data protection rules are enforced in India, companies outsourcing to India are unlikely to dismantle the systems they have in place straightaway, and move data more freely to India. Hence ,the need for data protection laws would win over the confidence of international business partners; protect abuse of information; protection of privacy and personal rights of individuals would be ensured; there would be more FDI inflows, global business and the establishment of research and development parks in the pharmaceutical industry & impetus to the sector of e-Commerce at national and international levels would be provided.Data protection law in India (Present status):-Data Protection law in India is included in the Act under specific provisions. Both civil and criminal liabilities are imposed for violation of data protection.(1) Section 43 deals with penalties for damage to computer, computer system etc.(2) Section 65 deals with tampering with computer source documents.(3) Section 66 deals with hacking with computer system.(4) Section 72 deals with penalty for bsignNow of confidentiality and privacy. Call centers can be included in the definition of ‘intermediary’and a ‘network service provider’ and can be penalized under this section.These developments have put the Indian government under pressure to enact more stringent data protection laws in the country in order to protect the lucrative Indian outsourcing industry. In order to use IT as a tool for socio-economic development, employment generation and to consolidate India’s position as a major player in the IT sector,amendments to the IT Act, 2000 have been approved by the cabinet and are due to be tabled in the winter session of the Parliament.Proposed amendments:-The amendments relate to the following[22]:(i) Proposal at Sec. 43 (2) related to handling of sensitive personal data or information with reasonable security practices and procedures.(ii) Gradation of severity of computer related offences under Section 66, committed dishonestly or fraudulently and punishment thereof.(iii) Proposed additional Section 72 (2) for bsignNow of confidentiality with intent to cause injury to a subscriber.It is hoped that these amendments will strengthen the law to suffice the need.Data Protection Laws In Order To Invite ‘Data Controllers’.There has been a strong opinion that if India strengthens its data protection law, it can attract multi-national corporations to India. India can be home to such corporations than a mere supplier of services.In fact, there is an argument that the EU’s data protection law is sufficient to protect the privacy of its people and thus lack of strong protection under Indian law is not a hindrance to the outsourcing industry. To enumerate, consider a company established in EU (called the ‘data controller’) and the supplier of call center services (‘data processor’) in India. If the data processor makes any mistake in the processing of personal data or there are instances of data theft, then the data controller in the EU can be made liable for the consequences. The Indian data processor is not in control of personal data and can only process data under the instructions of the data controller. Thus if a person in EU wants to exercise rights of access and retrieve personal data, the data controller has to retrieve it from the data processor, irrespective of where the data processor is located. Thus a strong data protection law is needed not only to reinforce the image of the Indian outsourcing industry but also to invite multi-national corporations to establish their corporate offices here.Data Protection And TelemarketingIndia is faced with a new phenomenon-telemarketing. This is facilitated, to a large extent, by the widespread use of mobile telephones. Telemarketing executives, now said to be available for as low as US $70 per month, process information about individuals for direct marketing. This interrupts the peace of an individual and conduct of work. There is a violation of privacy caused by such calls who, on behalf of banks, mobile phone companies, financial institutions etc. offer various schemes. The right to privacy has been read into Article 21, Constitution of India, but this has not afforded enough protection. A PIL against several banks and mobile phone service providers is pending before the Supreme Court alleging inter alia that the right to privacy has been infringed.The EC Directive confers certain rights on the people and this includes the right to prevent processing for direct marketing. Thus, a data controller is required not to process information about individuals for direct marketing if an individual asks them not to. So individuals have the right to stop unwanted marketing offers. It would be highly beneficial that data protection law in India also includes such a right to prevent unsolicited marketing offers and protect the privacy of the people.Data Protection With Regard To Governance And PeopleThe Preamble to the Act specifies that, the IT Act 2000, inter alia, will facilitate electronic filing of documents with the Government agencies. It seeks to promote efficient delivery of Government services by means of reliable electronic records. Stringent data protection laws will thus help the Government to protect the interests of its people.Data protection law is necessary to provide protection to the privacy rights of people and to hold cyber criminals responsible for their wrongful acts. Data protection law is not about keeping personal information secret. It is about creating a trusted framework for collection, exchange and use of personal data in commercial and governmental contexts. It is to permit and facilitate the commercial and governmental use of personal data.The Data Security Council of India (DSCI) and Department of Information Technology(DIT) must also rejuvenate its efforts in this regard on the similar lines. However, the best solution can come from good legislative provisions along with suitable public and employee awareness. It is high time that we must pay attention to Data Security in India. Cyber Security in India is missing and the same requires rejuvenation. When even PMO's cyber security is compromised for many months we must at least now wake up. Data bsignNowes and cyber crimes in India cannot be reduced until we make strong cyber laws. We cannot do so by mere declaring a cat as a tiger. Cyber law of India must also be supported by sound cyber security and effective cyber forensics.Indian companies in the IT and BPO sectors handle and have access to all kinds of sensitive and personal data of individuals across the world, including their credit card details, financial information and even their medical history. These Companies store confidential data and information in electronic form and this could be vulnerable in the hands of their employees. It is often misused by unsurplous elements among them. There have been instances of security bsignNowes and data leakages in high profile Indian companies. The recent incidents of data thefts in the BPO industry have raised concerns about data privacy.There is no express legislation in India dealing with data protection. Although the Personal Data Protection Bill was introduced in Parliament in 2006, it is yet to see the light of day. The bill seems to proceed on the general framework of the European Union Data Privacy Directive, 1996. It follows a comprehensive model with the bill aiming to govern the collection, processing and distribution of personal data. It is important to note that the applicability of the bill is limited to ‘personal data’ as defined in Clause 2 of the bill.The bill applies both to government as well as private enterprises engaged in data functions. There is a provision for the appointment of, “Data Controllers”, who have general superintendence and adjudicatory jurisdiction over subjects covered by the bill. It also provides that penal sanctions may be imposed on offenders in addition to compensation for damages to victims.The stringency of data protection law, whether the prevailing law will suffice such needs, whether the proposed amendments are a welcome measure, whether India needs a separate legislation for data protection etc are questions which require an in-depth analysis of the prevailing circumstances and a comparative study with laws of other countries. There is no consensus among the experts regarding these issues. These issues are not in the purview of this write-up. But there can be no doubt about the importance of data protection law in the contemporary IT scenario and are not disputable.
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Despite being highly criticized, how come the MLM companies like QNET are able to attract so many people? What is there modus op
For starters I don't know QNET's stand on it but as far as I know the IRs(Independent Representatives) of QNET always claim to be partners of QNET rather than IRs which is a face off lie they say to you on the meeting/ Plan.Then they lure you with money and the complete story behind the plan and how its done let me explain below. This is what happened with me and as far as I know till now the same has happened with many others as well. Satyaranjan Dash and his wife Swapna Sagarika Dash met me first and said they have started a big project and are running short of bandwidth so we would disc...
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What are the latest topics for research papers on cryptography?
what are the latest topics for research papers on cryptography ? You can use any of the research paper as reference for latest topics in Cryptography: Source: Security, Cryptography, and Privacy200 PublicationsAd Injection at Scale: Assessing Deceptive Advertisement ModificationsKurt Thomas, Elie Bursztein, Chris Grier, Grant Ho, Nav Jagpal, Alexandros Kapravelos, Damon McCoy, Antonio Nappa, Vern Paxson, Paul Pearce, Niels Provos, Moheeb Abu RajabProceedings of the IEEE Symposium on Security and Privacy (2015)Adding Third-Party Authentication to Open edX: A Case StudyJohn Cox, Pavel SimakovProceedings of the Second (2015) ACM Conference on Learn...
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What are some good businesses that can be started with a very small capital?
I recommend that anyone looking to test the entrepreneurial waters give e-commerce a start. You can actually sell goods without ever owning them.I got started with E-Commerce when I was just 13, buying custom bicycles and selling all of the parts separately.Later I realized that I could sell just about anything without owning it at all. When a customer would place an order with me, I would get their money and use it to place an order with my supplier straight to my customer’s house.The difference in price and cost is my profit to keep. This is a business model known as dropshipping.A customer places an order on my website, I then buy much cheaper from a supplier and ship the order straight to my customer’s house.Keys to success:Start with one product (or a very small niche selection, if you must). Remember, Amazon started with Books on the internet.That flagship product should cost you less than $10, and sell for $29. In my experience, $30 is the maximum strangers are willing to spend with a stranger on the internet, with no recommendations from trusted sources or other social proof.Most people stress over what they will sell. The truth is, it’s all about angle. Super generic products are totally fine, when combined with the right audience.That last point is very, very important. I’ll share an idea I had the other day to help you better understand—I recently left a job that provided a company car. I’m out on my own for the first time, and despite making more money now, I’m still stressed over losing my steady, predictable income.So, I’m driving my sister’s old Lexus SUV. I love it.Leather interior, good gas mileage, has a little more get up and go…But the ONLY audio input is a cassette player!!So, I put in a little Casette-to-Auxiliary adapter that I sell through my B2B dropship business.I connected that device to another product I sell B2B— bluetooth-to-auxiliary adapter…I connected my phone via bluetooth, and voila!! I was playing Spotify wirelessly to/through a cassette deck!To my surprise, the audio quality was actually EXCELLENT.These two devices cost $6 combined.Find out what cars only have tape/cd decks and no auxiliary, and figure out how to target owners of those cars. Sell the combo for $29.BAM. Hungry audience, fantastic margin.Craigslist? Facebook ads?I haven’t fleshed that part out yet.Go ahead, steal my idea :)
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What is the history of Nepal-India relations?
Nepal's Strategic Balancing (Posted in Asia | 26-May-05 | Author: M.R. Josse)Nepal's unfortunate location between India and China has led to the phrase: Nepal's 'strategy for survival'.1 Referring to Nepal's delicate balancing act between India and China, this essay attempts to trace the process which has led to the coining of this phrase and explains what it actually means. The article tries to cover internal security linkages, sheds light on relevant aspects of Nepal's foreign relations and identifies its cost.Historical RootsShortly after enthronement as King of Gorkha in 1743, Prithivi Narayan Shah undertook a series of measures to stem the threat he perceived from the British. He went to Benaras to obtain 'first hand information on the Indian subcontinent'.2 There, 'after closely observing the political situation of India, the King visualised the danger from the rapidly growing power of the foreign imperialist and he felt the urgent need of a strong and unified Nepal, to meet the challenges of the imperial conquest'. 3From Benaras he brought some Matlock rifles and also engaged the services of some skilled mechanics, who could make rifles at home. A small foundry was set up in Gorkha and small arms were manufactured there4. After being crowned King of Nepal on September 25, 1768, he continued to expand and fortify the kingdom. Assuming that Christian missionaries were 'secret agents of the British rulers, whose aim was to psignNow the Christian religion and break Nepal into pieces' 5, he ordered their expulsion.He then sought to divert India's trade with Tibet through Nepal. His prescient conviction was, 'if foreign traders are allowed in, they are sure to impoverish the people'6 - a doctrine that had enormous significance in an age where the flag followed trade, and at times, the Bible.Yam Between Two StonesIn his Divyaopadesh (Divine Counsel), an invaluable set of guidelines on statecraft that he issued for posterity, it is stated that: 'The Kingdom is a yam between two stones. Maintain friendly relations with the Emperor of China. Great friendship should also be maintained with the Emperor beyond the Southern Seas (i.e. the British), but he is clever. He has kept India suppressed, and is entrenching himself on the plains. One day the army will come. Do not engage in offensive acts. Fighting should be conducted on a defensive basis'. 7For over a century and a half this sagacious advice served Nepal's rulers to find their way out of the conflicting demands of two big and powerful neighbours. Subsequently, Nepal continued to adopt a well calibrated 'policy of physical isolation and exclusion of foreigners, coupled with balance of power politics.'8 Notably, 'Nepal's physical distance from central China and the succession of weak governments there for centuries before 1949, inclined Nepal in the past to think that India's interference and intervention in Nepal's affairs was a greater probability than China's.' 9Off and on, Nepal engaged in wars with both Tibet as well as British India. Inevitably, Gorkha expansion in the east, west and south, beginning from 1768, triggered the Anglo-Gurkha War of 1814-16 leading to the Treaty of Sagauli under whose terms Nepal had to cede territories it had earlier conquered. Even before it was concluded, agreement had been signNowed for recruitment of Gurkhas into the East India Company's forces. The first Gurkha Corps was raised on April 24, 1815. 10Jang Bahadur CorollaryThe rise of Jang Bahadur Rana as de facto ruler in 1846 paved the way for an increasingly pro-British foreign/security policy, particularly after his landmark visit to England in 1850 and meetings with Queen Victoria and other British notables. The Jang Bahadur 'corollary' to Prithivi Narayan's doctrine of balanced relations between the 'two stones' was a strategy to denude incentive for British intervention in Nepal's affairs. Even more important than recruitment of Gurkhas was Nepal's assistance to the British during the Indian Mutiny of 1857.Not only did Nepal come to the aid of the beleaguered British; Jang Bahadur and his brothers personally led troops, helped turn the tide and brought for the tottering British Raj a precious 90-year lease of life.Jang Bahadur provided the finest rationale of his policy as evident from excerpts from a speech delivered in Kathmandu prior to his mission:'I have three motives for acting as I am now acting. First, to show that the Gorkhas profess fidelity and will pour out their blood in defence of those who treat them with honour and repose confidence in them. Secondly, that I knew the power of the British Government and were I to take part against, although I might have temporary success for a time, my country would afterwards have been ruined and the Gorkha dynasty annihilated. Thirdly, that I knew that on the success of British arms and re-establishment of British power in India, his Government would be stronger than ever, and that I and my brothers and my country would all then benefit with our alliance with you as your remembrance of our past sacrifices will render our present friendship lasting and will prevent you from ever molesting us.'11One direct upshot of the Jang Bahadur-inspired foreign policy was that on December 21, 1923 Nepal initiated a formal treaty relationship with Great Britain that acknowledged Nepal's status as a fully sovereign nation. Without doubt, this helped Nepal escape the fate of 536 princely states that were absorbed by India after independence. They were integrated as a result of what J.N. Dixit terms, a 'foreign policy and national security exercise' by India's Sardar VallabhaiPatel.12Nepal's quest for security linked with her geo-strategic location was somewhat altered following China's decline in power and prestige in the wake of the Opium War (1840-1842) and the Taiping Rebellion (1850-1856). Yet, Jang Bahadur himself 'turned strongly towards China whenever it (Nepal) had any difficulty or difference with the British government.'13 Even Chandra Shumshere, who, later as Prime Minister (1901-29), became the greatest ally and friend of the British, was reported to have said openly to the British envoy as late as 1890 that 'since Nepal was subordinate to China, it would in no way be subordinate to the British Government of India.'14Post-1947 NepalNo assessment of Nepal's security strategy can be complete without considering the departure of the British from India in August, 1947 and the creation of Pakistan on Nepal's doorsteps. 'Official Indian policy after independence came to assert India's interest in the integrity and territorial inviolability of India's smaller neighbours as a variant of the policy of integration with India.'15More noteworthy is Indian Prime Minister Jawaharlal Nehru's statement in parliament on December 6, 1950: 'From time(s) immemorial, the Himalayas have provided us with magnificent frontiers...We cannot allow that barrier to be penetrated because it is also the principal barrier to India. Therefore much as we appreciate the independence of Nepal, we cannot allow anything to go wrong in Nepal or permit that barrier to be crossed or weakened, because that would be a risk to our own security.'16On March 17, 1950, Nehru had declared: 'It is not necessary for us to have a military alliance with Nepal...But the fact remains that we cannot tolerate any foreign invasion from any foreign country in any part of the subcontinent. A possible invasion of Nepal would inevitably involve the safety of India.'17 Singh claims that Nehru's activism vis-á-vis Nepal finds reflection in the Nepal-India Treaty of July 31, 1950 formalised with the signatures of the Indian ambassador and the Nepalese prime minister, against the backdrop of a growing movement against Rana rule by the Nepali Congress.Clearly, the end of Rana rule was accelerated by China's re-establishment of control and authority in Tibet. Thereafter, Nepal's quest for security gained a new vitality, gaining momentum after the 1962 Sino-Indian conflict. This came after India granted asylum and encouragement to Nepali political dissidents angered at King Mahendra's takeover of December 1960.Other signNow measures were the signing of a Treaty of Peace and Friendship with China in April 1960 and the opening of the Chinese Embassy in Kathmandu in August the same year. Yet another was the 1961 agreement with China to construct a highway connecting Kodari, on the Nepal-Tibet border, to Kathmandu. It was clearly meant to increase Nepal's strategic options, especially since her capital was then linked by road solely with India. No Chinese tanks or divisions have rolled or marched down that highway, as was repeatedly predicted by Indian commentators after the highway's inauguration in 1967. The national consensus, however, is that national security was thereby signNowly enhanced.Beyond Her NeighbourhoodHaving noted in passing the nexus between Nepal's inexorable search for security and her foreign policy goals and achievements, here now is an update and elaboration. On April 21, 1947, before the British withdrew from India, Nepal had secured recognition as an independent nation from the United States. This was followed on April 25, 1947 by an agreement of friendship and commerce providing for the establishment of diplomatic and consular relations. Then, in May 1949, Nepal established diplomatic relations with France at ambassadorial level.Thus, even before Nehru made the ominous statements on Nepal, it had entered into diplomatic relations with the U.K., the U.S. and France, which made it impossible for India to contemplate action against Nepal, as was done against the Indian princely states. Even during the twilight years of the Rana regime, Nepal wisely chose to expand its ties to the outside world to enhance its standing and international visibility. A key milestone was Nepal's initial move to secure membership of the United Nations in 1947. Because of cold war politics this was delayed until December 15, 1955 when Nepal, along with 15 other nations, was admitted to the UN. 18 Contesting elections for non-permanent membership to the UN Security Council, twice successfully, can also be attributed to its dogged pursuit of the Holy Grail of national security. 19In 1955, Nepal participated in the Afro-Asian Conference at Bandung, after having attended her first international conference in March 1947: the Asian Relations Conference in New Delhi. In 1961, King Mahendra led the Nepalese delegation to the first-ever summit of the Non-Aligned Movement (NAM) in Belgrade. Like many NAM members, Nepal possibly found solace, and security, in numbers. Till the end of the Cold War, NAM membership provided her a useful forum to maximise her foreign policy gains, including the preservation of political independence.National security as a key priority is reflected in King Mahendra's pronouncement at the Belgrade Non-aligned Movement summit: 'Nepal has made clear in the United Nations and outside that she is opposed to all domination over any country by another.' 20Creation of Bangladesh, Annexation of Sikkim That geo-strategic considerations constituted a vital ingredient in Nepal's foreign policy design is further substantiated by it establishing diplomatic relations with Pakistan in 1960 and an embassy there in 1964. 21 In a joint communique issued after President Agha Mohammad Yahya Khan's state visit to Nepal in September 1970, against the backdrop of the crisis in East Pakistan, it is stated that: 'they (the two heads of state) agreed that one of the greatest dangers to world peace was the direct or indirect interference in the internal affairs of a country by outsiders and that in no circumstances, whatsoever, should any country interfere in the internal affairs of another.' 22Bangladesh's creation after the break-up of Pakistan, through India's active intervention and generous assistance from the Soviet Union, is too well documented to merit further discussion. What is to be noted is that the after-shocks were widely experienced far and wide, including in Nepal. Nepal was reluctant, unlike Bhutan, to rush in with Bangladesh's recognition and timed it only after Myanmar (Burma), which shares a border with the new nation.Although King Mahendra passed away soon thereafter, the sense of national insecurity it engendered was strengthened after King Birendra's accession. It climaxed less than two years later when a carefully orchestrated anti-Chogyal (ruler) movement in 1973-1974 in Sikkim led to its annexation by India in 1975. Apart from 'the role played by the Government of India in manoeuvring the political parties of Sikkim and sustaining the anti-ruler movement' signNowly, Sikkim's merger took place 'under the shield of a heavy Indian presence' that 'gave the impression, within and outside Sikkim, that India's was the hidden hand.' 23Besides officially protesting against 'outside interference' by Foreign Minister Gyanendra Bahadur Karki, the Nepalese media accused India of 'imperialistic' designs, while students staged huge anti-Indian demonstrations in Kathmandu. 24 Though unable to change facts, Sikkim's annexation - on the heels of Bangladesh's emergence out of Pakistan - triggered a serious re-thinking of Nepal's national security options. It took the shape, ultimately, of a demarche by King Birendra in the form of a proposal to have Nepal internationally accepted as a Zone of Peace (ZOP).Three months after anti-Chogyal protests began in Sikkim, King Birendra first gave expression to his deep sense of anxiety. In a passionate speech before the Nepal Council of World Affairs on July 26, 1973, he referred to 'the drama of world politics' and pronounced that it 'makes a dispassionate observer feel pity at the fate of some small states which (while) striving for liberation or freedom have only succumbed to subjugation and drudgery.' 251973KATHMA03228_b Meaningfully, it concluded, 'While we pledge friendship with all nations, we shall take special pains to cultivate friendship with our neighbours hoping earnestly that peace, cooperation and an understanding based on a sober appreciation of each other's problems and aspirations shall prevail. Notwithstanding these fervent pleas, notwithstanding this sincere expression of goodwill, notwithstanding these endeavours, should ill-fortune ever overtake us, I hope and pray that the people of Nepal will not lag behind to brace themselves with the last resource they have - courage: courage to prove to the world that force or contrivances are but feeble instruments to subdue the fierce spirit of a people whose lifeblood, through the ages, has been independence or nothing.' 26By April 1990, although 116 nations - including China, the U.S., the U.K. and France - had endorsed ZOP, India adamantly refused to coalesce in. Two American scholars, think India viewed ZOP as 'an attempt by Nepal to opt out from India's security perimeter and to abrogate the special relationship with India under the 1950 Treaty.'27 Dampening India's enthusiasm was the fact that Pakistan and China were among ZOP's first supporters. What must not have gone un-noted, too, was that a joint Sino-Pakistan communique issued in Beijing after Premier Z. A. Bhutto's official visit to China in May 1976, expressed the two governments' 'firm support' for ZOP. 28 The 1950 Treaty signed by India with an autocratic regime on its last legs came with secret letters that were also exchanged and which, inter alia, committed Nepal to seek India's permission to import arms through its territory.In 1989, when Nepal secretly acquired arms from China, India exerted its pressure by economic muscle. Facing renewal of the trade and transit treaties, India sought a renegotiated single treaty, and to pressurise a recalcitrant Nepal, it imposed a blockade of all but two transit routes between the two countries. 29 Although 'the Treaty and the EOLs (Exchange of Letters) have never been published officially or made public, they have unofficially appeared in a number of texts in both India and Nepal.' 30 After 1990, there has been a chorus of demands for its revision or replacement. Despite official bilateral talks in that context, the Treaty, which India regards as a sheet anchor of her relationship with Nepal, remains intact. By way of comparison, there has not been any similar demand vis-á-vis the 1960 Nepal-China Treaty.Notably, after King Mahendra's takeover, sharply criticised by India, 'Nepali politicians organised a movement for the restoration of democracy from their base of exile in Nepal' 31 that led, even, to a bid on King Mahendra's life. India stopped such activities only after the outbreak of the Sino-Indian conflict in October 1962. Earlier, in Beijing on October 5, 1962, the Chinese Vice Premier and Foreign Minister Chen Yi had declared, 'In case any foreign army makes a foolhardy attempt to attack Nepal...China will side with the Nepalese people.'32 Thus, rather than King Mahendra's use of the China card, it was India that first allowed the activities of the Nepali dissidents and then backed off when China stepped into the picture. The 'balancing act' factor is thus influenced by the 'two stones' as much as by the 'yam'.Nepal has not, to date, banned the recruitment of her nationals into the Indian Army, an antiquated legacy of Nepal's ties with the erstwhile British Raj - despite the demand from many nationalistic groups and the deep embarrassment to her relations with China and Pakistan that have chosen not to make an issue out of it. In this important instance, Nepal has not followed the dictum of strategic balance between India and China.Post-April 1990signNowly, the drafters of the 1990 Constitution threw out the ZOP baby along with the panchayat bath water. While pleasing India, this rash move was undertaken without a national debate or any thought to the grave security implications for small states of momentous events that had already occurred, such as Iraq's annexation of Kuwait, the Soviet occupation of Afghanistan and Vietnam's thrust into Cambodia.Subsequently, one notes a wilful neglect of all matters pertaining to national security - at least, until the Maoist problem became too serious to ignore and invited American, and then international, attention after 9/11.The misunderstanding and mishandling of the Bhutanese refugee issue which is still going on after 13 years must also be included in this list. A glaring example is Prime Minister Girija Prasad Koirala's statement in New Delhi in December, 1991 that the forcible expulsion of southern Bhutanese by Thimphu was wholly within Bhutan's domestic jurisdiction. 33 Nepal's handling of the refugee issue has been incompetent, unfocused and totally lacking in an understanding of its larger strategic politico-demographic underpinnings. The disturbing implications of India allowing (some would say assisting) Bhutanese refugees to traverse through at least 100 kms. of Indian territory before entering Nepal but preventing them from returning, seem to have been glossed over.Another area reflecting the sad state of national security consciousness, post-1990, is manifested in the inability or unwillingness of governments in checking the unfettered flow of foreign nationals across the porous Nepal-India border.Internal Security and External Implications Even more glaring has been their incapacity to tackle the Maoist insurgency which first burst in the open in February 1996 in the form of a 'People's War' against the state by the underground Communist Party of Nepal, Maoist. Initially dismissed as a law and order problem, it escalated progressively until a cease-fire was instituted in 2001. Three rounds of peace talks were held from August to November, 2001 between the Maoists and the Sher Bahadur Deuba government. Matters came to a head when Maoists broke off talks and attacked Royal Nepal Army barracks in Dang district leading, subsequently, to the declaration of emergency by King Gyanendra, on Prime Minister Deuba's recommendation, as also to the Army's mobilisation against the rebels.Following the King's October 4, 2002 intervention and appointment of Lokendra Bahadur Chand as prime minister, new initiatives produced another cease-fire and two rounds of official talks. Following Chand's resignation, Surya Bahadur Thapa was nominated as prime minister on June 5, 2003. Continuing on the groundwork laid earlier, a third round of parleys was held with the new governmental team. The talks broke down on August 27 after the Maoist leader Dr. Baburam Bhattarai unilaterally called it off rejecting the government's concept paper.According to figures released by the Informal Sector Education Centre more than 8,000 lives have been lost in the past eight years, with over 1,200 deaths since the collapse of the latest cease-fire.Infrastructure worth over US$ 300 million has been destroyed, including basic facilities such as those catering to providing drinking water and telephone services, bridges, school buildings and health posts. 34The cost of the Maoist insurgency, as per a report quoting expert sources, placed it in the range of Rs. 55-84 billion. (One US $ is equivalent to roughly Rs. 75 Nepali.). Therein, it is claimed: GDP loss during the last seven years may be in the range of Rs. 55-84 billion; some Rs. 18 billion worth of physical structure destroyed; tourism sector lost Rs. 6 billion in 2001 and 2002; and development budget in education, health, rural drinking water and local development registered a negative trend in 2001/2002. Combined police and military expenditure for 1997/1998 was Rs. 5.16 billion. It jumped 300 percent in 2002/2003 to Rs.15.09 billion. 35Nepal's grave internal security situation has impacted on her foreign relations, principally with India, the United States, the U.K. and China. American interest began to focus on Nepal and the Maoists only after September 11, 2001 (9/11), although the problem had been around since 1996. The U.S. Secretary of State Colin Powell visited Nepal in January 2002, followed by a mission to Washington in May 2002 by Prime Minister Deuba when President Bush committed modest military assistance and increased development assistance to Nepal. Stung by Maoists' murder of two Nepali embassy security guards, the U.S. has placed CPN (M) in the State Department's 'Other Terrorist Groups'listing. 36 Following the Maoists' vow to target America, the U.S. declared it a threat and ordered the freezing of all assets in the U.S. and banned most transactions and dealings with the organisation.37U.S. concern was thus graphically summed up by Ambassador Michael E. Malinowski, 'We don't want to see areas of Nepal become chaotic so as to create a vacuum for mischief makers to come in. You know, the nest of Al Qaeda was broken in Afghanistan, but the birds are still flying about. We don't want that bunch to land in Nepal, for the region's sake, for Nepal's sake and for our own.' 38 A Kathmandu-based diplomat explained: The 'neo-cons' in Washington see 'the very real possibility in Nepal of a conjunction of their worst nightmares, communism and terrorism.' He, however, saw a 'silver lining' in America's current interest saying that a major positive change was registered in Nepal's Army gradually replacing 'Indian SLRs by American M-16s' adding, 'Indians don't like it, but they can't do anything about it.' 39While by and large, the British government shares the American concern on the internal security situation and has provided valuable military assistance, some analysts note tactical differences with Britain and the Europeans, who place greater hope on a negotiated settlement. One, in fact, claims that 'Maoists have not inflicted any physical harm on personnel, projects belonging to either India or Britain.' 40 Beijing's policy has been clear and consistent. Declaring that the use of the term 'Maoist' is an insult to China's great leader Mao Zedong, China labels CPN (M) as an 'anti-government outfit.' There have not been any reports of contacts between Nepalese Maoists and Chinese officialdom. Neither has one ever heard of Maoists either being assisted in any way or being offered sanctuary or safe haven by China.With the security situation extremely fluid, external forces' interest and activities opaque, or dubious, it is impossible to say what's next. The political gridlock gripping the nation since King Gyanendra's intervention of October 4, 2002 has further complicated matters. Some argue it has hindered the search for a peaceful solution to Nepal's serious political-cum-security problems; others are equally convinced it will help. Only the future will tell if Nepal will survive as an independent nation state.(Mr Josse is Consultant Editor, The People's Review, Kathmandu, former editor-in-chief of The Rising Nepal, Kathmandu and Deputy Permanent Representative of Nepal to the United Nations, 1985-1990.)
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