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FAQs
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What are the pricing plans for electronic signature applications like Echosign? What alternatives are most suitable for a small
Echosign starts out great, with free, or $15/month for a Pro account. But every time I consider upgrading, I back out because the pricing gets steeply higher per user. To just add a second user means going from paying $15/month for one user to paying $480/year in advance (non-refundable, $20/month per user) or $60/month ($30/user). It is crazy, I actually end up paying 4 times as much just to add a second user, even though there is just a marginal benefit.Echosign definitely must feel there is a network effect to having more users, and greedily tries to capture all of that benefit for themselves. Pricing per user actually increases as you move to larger plans. Per user rates go from $15/month, to $30/month, to $40/month, to $50/month.. -----Delving into this a bit more, it seems like signNow is much like Echosign, but has a better pricing plan for two or more users. It is $25/user for the first two users, and declines to $10/user for 5 users. For 6 users, however, it jumps to $42/user, eventually declining again to $10/user, but adding API access. The plans provide a 20% discount for paying a year in advance.Their technology does not seem to be in any way less advanced than the alternatives. I sent a document with the service, and it seemed to well. Some nice features included recognizing data fields in existing pdf documents, integration with Highrise, Dropbox, and some other services. I didn't notice anything missing compared to echosign.----signNow does not offer a month-to-month option. Users must pay $180/year ($15/month) for the standard service (even though it says $19.99/month on the website)..
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What are the best features of Microsoft Office 365?
Here’s a breakdown of some awesome Features Office 3651. Work Smarter, EverywhereAfter buying Office 365, you also gain access to its accompanying mobile apps and browser apps. This allows you to access their cloud service from any up to date web browser on your desktop or mobile device. Even better yet, you don’t have to install Office software on your computer to do this.The mobile app allows you to access all of your Office 365 subscriptions and Office products right from your smartphone or tablet; this includes Word, Excel, Powerpoint, Onenote, and more. Cut the cord and stop working on your PC only — download the Microsoft Office 365 mobile app to stay productive, even while on the go.2. Enjoy 50 GB of StorageEach Office 365 user receives a whopping 50 GB of storage with Exchange Online; this can be used to save emails, calendar events, task lists, meeting notes, contact information, and email attachments.You can save some more space in your mailbox by utilizing the OneDrive cloud storage feature to share attachments.Your OneDrive storage is also synced to your device, enabling you to work offline on files. As soon as you reconnect to the web, the newest versions of your documents will be automatically uploaded to your cloud storage. The new versions of your documents will also be sent to any other connected device, including your phone or tablet — nifty!3. Edit Documents with Real-Time Co-AuthoringCollaborate online and see changes your team makes to shared documents within your Office apps as they happen with the real-time co-authoring feature in Word. Save your file to OneDrive cloud storage or SharePoint so your team can access the document and make any necessary edits or updates. You can also share it directly from Word by utilizing a handily integrated sidebar. As the publisher and access-giver, you can edit accessibility settings at any time.With the improved version control that was rolled out with Office 2016 co-authoring, you can see which changes to the document were made by which contributor and when the update was made. You can also easily revert back to a previous version of the file whenever you need to.4. Connect with Co-WorkersYou may not have known this, but Office apps include a Skype in-app integration. You can use this feature to instant message your teammates, share your screen during meetings and have audio or visual conversations — without even exiting the Office apps you’re working in. You can continue Skype conversations even after you close your office apps via your desktop or mobile version of Skype. The best part? Your team will receive unlimited Skype minutes.Source: Microsoft5. Send Links, Not FilesIt’s time to move away from email attachments. It’s never been easier to share documents for co-authoring!Simply upload your file to Office 365’s cloud storage. Then, write your email via Outlook or the Outlook web app. Rather than attaching your document to the email, you can insert a link to the file on your cloud. Outlook will automatically allow email recipients to edit the document you wish to share. You can always change permissions on any document at your convenience.6. Convert OneNote Items into Outlook Calendar EventsEasily configure OneNote items to tasks within your Outlook calendar. You can also assign tasks to colleagues, complete with follow-up reminders and concise due dates. You can also transfer meeting notes taken in OneNote via email to your teammates, and add important details (date, location, and attendees) to their respective meeting.7. Use Your Mouse as a Laser Pointer during PowerPoint PresentationsWith only a simple keyboard shortcut (Ctrl + P), your mouse can be used as a laser pointer during your PowerPoint presentations. You can also use the “presenter mode” commands while using this feature.The laser pointer tool has been a nifty trick within older versions of the office apps for years; however, it was only recently integrated for touch-screen devices. All you have to do is hold down on your device’s screen, and the laser pointer will appear.8. Create a Power Map Using ExcelTurn data into a 3-D interactive map with Power Map, one of the many Power BI-enhanced data visualization features that Excel has to offer. It comes with three different filters: List, Range, or Advanced. The Power Map will help you not only convey your data more effectively, but also support your claims by creating a tangible story from the numbers.
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What are the main areas that one should learn during CA articleship?
I did my articleship from Khimji Kunverji and Co., one of the top firms in Mumbai; and it was an awesome experience. Let me shed some light on my learnings -Learn to say NO - Random seniors come and give you random work. Learn to say No. Learn to say you are busy. You are not a dustbin.Learn to say YES - You need to have a good rapport with your immediate seniors and your boss. I have filled my boss’s daughter’s BFM admission form because she needed some help. Sometimes, you have to keep your ego aside and look at the larger picture.Whether audit or tax is the one for you - You tend to spend 3 years in articleship, doing either audit or tax. It is good enough time to gauge whether you want to do this for your entire life or not. For me the answer was NO, and I switched to Finance. No point wasting time once you qualify.Domain Knowledge - In your first job interviews after becoming a CA, a lot of stress will be on what you did during these 3 years. You should be upto date with that. Get your basics right.Out time is a myth – As per my firm HR Manual, the official work time was roughly 10-30 to 6–30. Strangely, you used to be penalized for coming late, but no credit for going late. It’s the norm. Get used to it.Make Mistakes - Ask stupid questions. Make mistakes. Experiment. Because you have the license to. You are a fresher. As a CA, people expect more.Do not neglect your Social Life - Its important. Your boss will not come at 12 to your place with a cake in his hand, wishing you a happy birthday.I remember getting into a train during my 1st year articleship. I somehow started chatting with a guy standing near me. He was a CA. I told him I just cleared IPCC and started with articleship. He started laughing and said “Welcome to Hell”.With all the office and study pressure, you might feel life sucks during articleship, but it will be a great experience. You will create memories of a lifetime. Cherish it :)
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What kind of skill set should a CA student develop before starting Articleship?
This hunger for more knowledge is good for a CA Student. It is a very good idea to know what others have learnt and re-assess oneself on the basis of same, so that you become equally competent. This is a good way of improving oneself.Part A - About the core Knowledge:(a) What your firm operates in - you can't do much beyond that.Core Knowledge = Practical Knowledge about areas your firm is operating in.See the firm you have chosen or you got into, basically will provide you with the knowledge of some of the fields in which Chartered Accountants works. You cannot gain knowledge about all fields in which Chartered Accountants work, since the scope is very wide and whether it is a Big Four or a sole proprietor Chartered Accountant, nobody can give you work experience in all fields. So basically these core areas where you get to work - you have to be satisfied with the same. All you can do is - learn from experiences of your friends who are in to different core areas. This is a rigid area, and not much can be done in this.(b) Try to get an assignment in all kinds of activities that your firms do -You can't go out of the box in which your firm operates, but atleast you can learn everything that is in your box. Many articles run away from certain things - saying it is a low category assignment or not so fascinating. It is because they all hear it from their friends about the big industry they worked in and blah blah things. But go and ask those friends, if they know, what is the procedure to obtain a PAN card and a duplicate PAN card? What is the procedure to obtain Shop Act? or atleast if they know what is Shop act?My Insights -In our office they didn't used to allow articles to do that, the administrative people like Bcom people used to do that. But I insisted on the same, to allow me to do them once. The task was easy, but it was something very basic that I learnt. Later when you start your practice or job, these are somethings that give you edge over others. If you become an entrepreneur, you can handle those things yourself. So it is beneficial always.(c) Try to get assignments in all kinds of industries that firm works in -Basically most Chartered Accountants work in some fixed industries since when you do good to one client, similar clients get attracted, so automatically, you will see that most clients are of similar category. As an article you should try to do audit of all kinds of organizations -Based on organization type like Sole proprietor, Private limited companies, Partnership firms, trusts, public limited companies etc.Based on different business forms like Retailers, Wholesalers, Chain stores, Manufacturers, Service providers, Traders, Consultants, Support Services, Maintenance services, Export oriented, etc.Based on different industries like IT, E-commerce, FMCG, Finance, Automobiles, Telecom, etc.Based on Tax benefits or special act companies like religious trusts enjoying benefits u/s 11 or 12, regulated companies like insurance, banking, etc. or may be companies in Special Economic Zones, etc.A Piece of Advice -You won't find all of the above in any one firm. Such firms giving such wide opportunities don't exist. But thing is - you need to explore every corner of your own firm, whatever it is.(d) Try to gain overall knowledge of all types of works -Don't think about specialization in Articleship, it is not that much useful, because if later in life that sector goes down, your career will get a full-stop. As a Chartered Accountant you must first learn all the basics of all types of work, when you become aware about basics, i.e. after articleship, then you should try to develop core competence when you find jobs or do practice.My Insights -If you don't get an assignment of different type - go to your principal and say that "Sir, I want to learn about that kind of work, if next time there is any work related to that xyz client, please give me a chance." I did it in my articleship, and I got those opportunities, Sir was happier indeed, that an article was ready to take up some sort of responsibility. I am pretty sure, 80% of Chartered Accountants would do the same. If you say politely, the teacher inside them will awake, and they will allow you to fly!Part B - Other things that you should learn during articleship - More important than above said things!(a) Office Ethics -You should learn about the office culture, how people dress, talk, meet and greet colleagues, seniors and clients. It is very important to observe how people form groups, how they make their juniors to work and seniors to help/guide. It is very important to notice, how others are keeping good relations with administrative staff i.e. HR, Clerks, etc. - something that is very helpful at times of problems. There are many more things - basically you have to learn how people operate in office and especially how your boss stays in office - since someday you too will be a boss.A Piece of advice -Learn good things only. Although I assume most Chartered Accountants are well cultured and natured, but exceptions may exist. But remember, may be your boss was good or bad, you have to become a good boss in future.At many times you feel that your boss did wrong, and he/she should have allowed you to do xyz thing. Remember such incidents or make a note of it. When you become a boss, you do them correctly. If you are able to do, you are a good boss, else you will realize had a wrong idea about your boss.(b) Printing, Scanning, Documenting, Letter typing, Organizing Office, Using appropriate Stationery -Your reaction - "Oh God! Really?"Consider this situation - you are in a corporate office, a high ranked employee. You tell the clerk to scan a document, but your clerk is new. He is not acquainted with the printer. What would you do, if you yourself don't know how to use a printer or scanner? In early days of your job or in many companies, you don't have clerks who do it for you, you have a printer next to you and you have to do it yourself. In case you don't know these, what a shame! A Chartered Accountant, but does know how to use a printer or how to unpin a staple! God! Dummies on earth.My Insights -One of the expert HR was sharing his experiences with interviewing Chartered Accountant, at a conference that I was listening to. He said, we tried an experiment successfully. We told every candidate entering into the interview room to arrange certain documents and properly organize them into a file. Now on the basis of how file was organized, they discovered candidates who had done dummy articleship or articleship of low grade, because those candidates never knew how to arrange a file, since they never did it in their lifetime.So basically the best thing about a good leader, boss, a senior or an entrepreneur is that he/she knows the work of all persons junior to him/her very well. That's why they can handle them well.So basically learn the following things and many more which I can't list out -How to properly document an Audit file?How to properly keep a permanent client record - both electronic & physicalHow printers, scanners, servers of your office, internet network, LAN systems, routers, biometrics, connections etc. work in your office.How to use correct stationery correctly? Like properly unpinning documents, or may be how to create sets for clients, income tax officers, registrars etc.How to draft covering letters, envelopes, request letters, etc.(c) Drafting Email Communications & Email Ethics -The most important part indeed of articleship. The fact is we never get opportunity to learn this anywhere else. This is a good ground to learn. Initially you can see how your boss writes email, how your senior does it. Then you can innovate it yourself. The thing is in business world, everything today goes on Email. Emails don't have a tone, they don't have smileys (means they are not used). Writing a good email, is an art. It is very important to learn how to write such kinds of emails.Emails asking client to provide information, with accurate requirement list.Polite Emails for making client realize the wrong they have done.Emails providing consultancy services. See email consultancy is a big time opportunity and costless service, in future a good means of earning.Writing intra-office emails.Whom to keep in CC, Never to use BCC, how should be the subject line, how should be the signature etc.When email shouldn't be used & telephonic conversations should be preferred, sending reminders, how to use meeting feature, etc.(d) Oral Communications - F2F or telephonic or over internetThis is again a great area to learn. It very necessary to learn how to interact with clients. The interaction can be face to face, or telephonic or over internet services like skype, etc. It very important to learn to learn how to deal with such situations. A conversation over telephone, has to be polite and discussing documents over telephone is also an art. Similarly communication over Skype is also an interesting thing to learn, one should know how to have business conversations over Skype and how to share documents, discuss & present over it.(e) Formatting documents - Something that stupids call stupidity!I have seen documents and emails from fellow Chartered Accountants, so pathetically formatted, that I sometimes wish to hit them with a stone, maybe their sense would come back then. But basically the idea is Chartered Accountants are professionals, and therefore, a professional behaviour is expected from them. The behaviour is expected highest in the documents and reports. Thus, it is very important to learn:Appropriate font sizes, font stylesHow to add tables in emails, how to structure an email, maximum size of emails, minimum size of emailsWhen to use and when not to use - bold, italics, underlines, shades, coloursHow to structure paragraphs, appropriate line spacingHow to convert documents into different formatsHow much margins to keep, how to make document print readyHow to make document secureHow to make documents self-explanatory by adding commentsHow to use various functions like footnotes, document review, freeze panes, grouping - sub-grouping, page numbers, author details etcCover page for report, report size, number of maximum pages, drafting executive summary, adding disclaimers, etc.Conclusion:The Part A makes you an intelligent Chartered Accountant.The Part B makes you an intelligent Human Being.And let me tell you, Part B is more important, because even if you don't become a CA, an intelligent human being can definitely live a good career!Ignoring the part B is very common amongst CA, and that's why MBAs getting an edge over CAs is also very common.Many people say 'Articleship is nothing but labour work', well it is because you think it that way, and that's why you are doing it that way. If you try, you will realize articleship period is life changing!"You will have hundreds of opportunities to learn the bigger things once you become CA, but not these small things. Once you become CA, people don't expect you to know everything, they understand it is quite impossible, but they definitely do expect that you know these basic things rightly."
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How do I make a PVT Ltd company in India?
How to register a company (Pvt. Ltd.)Pre-requisites1. Have paid-up capital of INR 1,00,0002. Have minimum of 2 directors/board members and two shareholders3. Have maximum of 50 members only4.Cannot publicly sell shares. Can only invite people to buy shares by issuing aprospectusStep1: Acquire DIN (Director Identification Number)DIN is a unique identification number for an existing director or a person intending tobecome a director of a company. As per a recent amendment to the Companies Act 1956, DIN has become mandatory for all the directors. DIN is unique and specific to an individual, therefore only one DIN is allotted per individual even if the individual serves as director at multiple companies. No fee is charged for issuing DIN. This process takes approximately 3 to 5 working days.Supporting documents required (soft-copies):1.Photograph2.Proof of identity3.Proof of residenceRegister on MCA website for login ID and password(create an account)I.File eForm DIN-11.Download eForm DIN-12.Fill the form3.Attach necessary documents4.Sign using digital signature5.“Check Form”6.Upload eForm7.Pay fees by credit card, debitcard, internet banking or cash/cheque at designated banks (State Bank of India, Punjab National Bank, Indian Bank, ICICI Bank, HDFC Bank) using the pre-filed challan that will be generated8.Note the Service Request Number (SRN) for later enquiries9.Check acknowledgement by email or through MCA portalII.Intimate approved DIN To your Company (within 30 days from date of approval)a.Download Form DIN-2 and printStep 2: Acquire Digital Signature Certificate(DSC):At least one of the directors should have a valid Digital Signature Certificate issued by the signNowing Authorities (CA) and approved by the Ministry of Corporate Affairs. The Information Technology Act,2000 provides for use of Digital Signatures on the documents submitted in electronic forms, in order to ensure the security and authenticity of the documents filed electronically. Every document prescribed under the Companies Act, 1956, is required to be filed with the digital signature of the managing director or director or manager or secretary of the company. Therefore at least one of directors must have a digital signature. Any person may make an application to the signNowing Authority for the issue ofa Digital Signature in such form as may be prescribed by the Central Government. Digital Signatures are typically issued with one year validity and two year validity. The issuance cost varies depending on the CA. Digital Signatures can be obtained within an hour.One can acquire his/her Digital Signature certificates from these government listed agencies like TCS, IDBRT, MTNL, SAFESCRYPT, NIC, nCODE Solutions etc.Step 3: Apply for the company to be registeredThis is the final major step in a registration of your company which includes incorporating company name, Registering the office address or notice of situation of office and notice for appointment of company directors, manager and secretary. And also regarding the take and pay for their qualification shares.Prerequisite for Virtual eFiling1.Install the following prerequisite software:Windows 2000 / Windows XP / Windows Vista / Windows 7 –Operating SystemInternet Explorere v6.0 and above, Google Chrome, Mozilla FirefoxsignNow from version 7.5 to version 10.1.4Java Runtime Environment (JRE –latest version freely downloadable fromwww.sun.com)2.Get yourself registered at the portal (www.mca.gov.in)3.Obtains a Director Identification Number (DIN).4.Obtain a Digital Signature Certificate (DSC).5.Broadband Internet connectivity or higher.6.A scanner (above 200 DPI) for converting the attachments in the PDF format.Steps:I.Fill Form-1A for obtaining the name for the company-onlineFor obtaining name for your new company, An application in Form-1A needs to be filed with the Registrar of Companies (ROC) of the state in which the Registered Office of the proposed Company is to be situated to ascertain the availability of a name along with an official service fee of Rs.500. You also have to provide the following information in the form.• Name of the proposed company (Minimum 4 alternative names, maximum 6).Indicate the order of preference. Ensure that the company name is in accordance to the guidelines of the MCA, and also ensure the name is unique and does not resemble the name of any existing company in India. The company name must end with the words ‘Private Limited’ or ‘PVT Ltd’. In order to have specific key words in the name such as corporation, International, Hindustan, Industries, India etc., the proposed company should satisfy a minimum authorized capital criteria.• Location of registered office of the proposed company• Main Objectives of the business of the company• Names and addresses of the directors• Proposed Authorized Share Capital of the Company• DIN & DSCSubmit duly filled form to the Registrar along with fee of Rs. 500.The Registrar shall intimate, within two to three days, whether the proposed name is available or not. If the preferred name is not available apply for a fresh name on the same application. The name made available by the Registrar shall be valid for a period of six months. In case, if the company is not incorporated within this validity period, an application may be made for renewal of name by paying additional fees. Otherwise the name approval process has to be repeated by submitting new application after payment of requisite fees.In about 10 days, the ROC will inform you about approval or objections. If there are any objections then ROC will suggest you with some available names and let you choose among them. If your company name is approved then you will receive a formal letter regarding the confirmation of the same. Keep the same which will be required during registration process of the proposed company.II.Prepare documentsAfter obtaining name approval from the ROC the following documents must beprepared to incorporate the company• Memorandum of Association (MOA) The Memorandum of Association is a document that sets out the constitution of the company. It contains, among-st others, the objectives and the scope of activity of the company and also describes the relationship of the company with the outside world.• Articles of Association (AOA) The Articles of Association contains the rules and regulations of the company for the management of its internal affairs. While the Memorandum specifies the objectives and purposes for which the Company has been formed, the Articles lay down the rules and regulations for achieving those objectives and purposes. It also states the authorized share capital of the proposed company and the names of its first / permanent directors. Professional help is to be sought in the drafting of the MOA and AOA, as it contains the governing policies, rules and by-laws of the proposed venture. The draft must be carefully vetted by the promoters before printing and stamping.The MOA and AOA must be signed by at least two subscribers in his own hand, along with father’s name, occupation, address and the number of shares subscribed for and witnessed by at least one person. Then the MOA and AOA are required to be stamped & filed with the ROC. A stamp duty is required to be paid on the MOA and on the AOA. The stamp duty depends on the authorized share capital and varies between states. Details of applicable stamp duty can be obtained from here. eStamping facility is now available via MCA’s portal. The document preparation process may take five to seven days.• Form 1 –providing details of promoters of the company• Form 18 –providing details of address of the registered office of the company• Form 32 –providing details of Directors, managers and secretaries of the companyIII.Submission of DocumentsSubmit the following documents to the ROC with the filing fee and the registration fee:• The stamped and signed Memorandum and Articles of Association (3 copies).• Form-1, 18 & 32 in duplicate.• Any agreement referred to in the Memorandum & Articles.• Any agreement proposed to be entered into withany individual for appointment as Managing or whole time Director.• Declaration of Compliance by an advocate or company secretary or chartered accountant or director, manager or secretary of the company• Name availability letter issued by the ROC.• Power of Attorney authorizing a person, on behalf of subscribers, any documents and papers filed for registration. The power of attorney should be given on Non-Judicial stamp paper of appropriate value and shall be submitted to the Registrar.After submitting these forms, once the application has been approved by MCA, you will receive a confirmation email regarding the application for incorporation of a new company, and the status of the form will get changed to Approved.IV.Payment of Registration FeesThe fees payable to the Registrar at the time of registration of a new company varies according to the authorized capital of a company proposed to be registered. Payment for the Registration and Filing Fee must be made by Demand Draft/Banker’s Cheque if it exceeds Rs.1000/.V.Obtaining Certificate of IncorporationThe ROC will issue a Certificate of Incorporation after careful review of documents submitted. Section 34(1) cast an obligation on the Registrar to issue a Certificate of Incorporation, normally within 7 days of the receipt of documents.A Private Limited Company can start its business immediately on receiving the Certificate of Incorporation.Check these documents before submission of a company:1.DIN of all those directors of a proposed company.2.DSC –Digital Signature Certificate3.Original copy of the formal letter issued by ROC regarding availability of Company name.4.Form-1 for incorporation of a company.5.Form-18 for situation or address of the proposed company.6.Form-32 for particulars of proposed directors, managers and secretary.Formalities to be followed while incorporation of a company:1.Obtain a TAN card2.Obtain a Permanent account number (PAN) from income tax dept. India3.If required: Documents obeying shop and establishment acts.4.If required: For foreign trade, Registration documents of import export code from Director General of foreign trade.5.If required: Registration documents of Software technologies Parks of India (STPI).6.If required: RBI approval for foreign companies investing in India and FIPB approval.7.Both Indian and foreign directors need to have valid Digital Signature Certificates from authorized agencies.For any further clarifications, please visithttp://www.mca.gov.in/MCA21/Regi...Thanks & Regards,Stay4u.
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How does the tender system work in India?
Tender system is practised to get the best offer from prospective suppliers. Government departments and public sector undertakings are big buyers. If they buy at random market price without knowing what is the lowest possible price, they are likely to sqander public money for which they will be held responsible. Hence the need for tender process. Though it is mostly in vogue in government and public sector, sometimes even large corporations in private sector too adopt this practice to know the best price. When certain products are needed, the concerned department or organization issues an advertisement in leading newspapers. It is generally released in one English language and one vernacular newspaper. The advertisement gives details of goods for which the tender enquiry is issued and asks the vendors to buy the tender documents from them. Tender documents are usually sold for certain price to cover the expenses of tendering process. The vendor must submit a request in writing on their official letterhead for purchasing the tender documents along with payment of fees. Then tender documents will be the issued to the vendor after writing their name on the document. This is to ensure that only those vendors who originally purchased the tender documents submit the offer as tender forms are not transferable. It contains all the details such as eligibility criteria for selecting vendors, complete description of goods with detailed specification, approximate quantity required, place and time of delivery, procedure for inspection of material for quality control, payment terms, warranty and other obligations of vendors under the contract, etc. Sometimes it may also contain a form which the tenderer will be required to fill in, sign and affix their office seal and submit together with their offer. This is to ensure that the tenderer is the same person who purchased the document. Usually the vendor will be asked to deposit some percentage of tender value as “Earnest money deposit” (EMD). This is to ensure that the vendor has the financial capacity to supply the goods and is really serious or “earnest” about supplying them. (Later this amount may be converted into Security Deposit for successful tenderer and returned to all other unsuccessful bidders). The vendors are asked to submit their bids in a sealed envelope before a specific date and time. These are collected in a sealed box, locked and kept with a responsible officer till opened. The bids are opened on the specified date before a panel of selected officers of the buyer and all the representatives of vendors who submitted their bids. Bids are read out and noted in a file. After this, the concerned office will tabulate all the bids to determine who quoted the lowest price. Purchase contract is usually awarded to the lowest bidder. Nowadays all large organisations like railways have computerised this process which is known as E-tender. Under this procedure, only those vendors who are pre-qualified and registered using their digital signature with buyers can submit bids online. Likewise all payments like EMD are also made through electronic funds transfer. For some items which are regularly used by different government departments like furniture, air-conditioner, water cooler, etc, the Central Government has introduced Government E-Marketplace (GEM) effective from October 2017 in the place of Director General of Supplies & Disposal (DGS&D) who used to selects vendors through tender process and fixes the prices for specific period known as “Rate Contract”. Now GEM will facilitate direct purchase by all government organisations at a competitive price.
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How do I establish a private limited company?
A private limited company is the most common form of business entity in India. It is easy to maintain and raise funds, offers limited liability to its members, offer flexibility, easy bank loan accessibility.Read Advantages of Private Limited Company. Following are the steps involved in the registration of private limited company Basic requirementThere must be at least 2 members in the companyThe company shall be made for legal business and must not harm the society. The company object should not be illegal.In case, if the registrar issue the certificate of incorporation to such business entity , then certificate will be void and registration will be itself cancelled by the Central Government and appropriate proceeding will take place against the entity and the Registrar.Read in detail Pre-Requisites for Registration of Private Limited Company Step 1: Obtaining Director Identification Number (DIN) & Digital SignatureThe First step isObtaining Director Identification Number (DIN) for the proposed Directors in the CompanyObtaining Digital Signature for one of the Directors of Company.After this, application for name of Private Limited Company must be applied. Step 2: Applying for the nameThe promoters should propose one or more suitable name for the name of company as it offers the flexibility and choice to registrar to select the name in case some names are identical or similar to registered business entities or trademarkThe name should not be similar or identical to any registered company or trademark.The name should not be one prohibited under the ‘Emblems and names Act, 1950’.The name of company must have suffix “Private limited Company “.After submission of name, registrar will review and approve one of the name .It usually takes 3 to 5 working days to approve the name for company .Read tips for Choosing the right name for your company registration for easy approval of name by ROC.Step 3: Filing for Incorporation/Establishing of Private Limited CompanyAfter the name approval, promoters should submit the application, prescribed fees and below said following documents to the registrar.Articles of Association, if anyMemorandum of AssociationDeclaration from DirectorsAffidavits of the DirectorsA declaration stating that the requirements of the Act and the rules framed there under have been compiled with. This declaration is required to be signed by an advocate of the or Supreme Court or an attorney or a pleader having the right to appear before or a High Court or a Chartered Accountant in whole time practice in India who is engaged in the formation of a company, or by a person named in the Articles as a Director, Manager or Secretary of the Company.Besides the aforementioned documents, the company must provide relevant information regarding of its registered office within 15 days of registration or during filing of incorporation documents.Step 4: Subscribing to the Private Limited CompanyAs per the Companies Act 2013, a subscriber must sign their names and must be subscribed to the shares of the company incorporated. It means each subscriber must have at least one share of the company. Each subscriber should sign the memorandum in presence of at least one witness and must clearly state the following:AddressPersonal DescriptionOccupationNo of shares subscribedNature of shares etc.Likewise both (Article and Memorandum of association) must be duly signed and stamped.Step 5: Certificate of IncorporationAfter filing the above-mentioned documents and payment of necessary fees, the certificate for incorporation would be issued by the Registrar of Companies. Upon Incorporation, the company becomes a legal person separate from its members.The process to register a private limited is complex and time-consuming. Our team at LegalRaasta can help startups and Entrepreneurs Register Private Limited Company in 14-15 days @ 13,999/- only (inclusive of government fee) saving 40% compared to typical CA/CS
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What are some life hacks that an Indian grad student in the US needs to learn?
Cooking: It's very important to learn basic cooking. Subway is the cheapest option here and even if you have your three meals in Subway it will cost you around 15$. Cooking will be much cheaper and also healthier. If you are used to people doing things for you, it's time to start doing some things on your own. You will have to do things like getting groceries, cleaning utensils,cooking, cleaning the house(bathrooms included), work part-time on campus( if u do get a campus job) and also STUDY.There are lot of things you will do by yourself, things which you later realize were done by your mom while you were lazing around on the couch(even I used to do that at home before coming to US).Utensils: Get a aluminum pressure cooker and some extra whistles,gaskets and valves for the cooker. Ensure that whatever other vessels(kadai, saucepans,etc) you get are flat bottomed. It's better to get non-stick utensils(easier to clean). If you already know whom you are going to stay with, then it's better to coordinate and decide who is going to bring which item. It is always advisable to have at least two cookers in the house(one 3lts and one 5lts). Get the biggest kadai you can find in the market. Students do not find time to cook food everyday. It's just easier to cook once in two days and store in refrigerator. Get atleast one large steel plate(you will need it for covering the kadai while cooking). It is also advisable to get some microwave containers and plates.Get Belan and utensil holder as well(they are available in Indian stores but they are insanely expensive)Food: Do not bother bringing rice and other pulses from India. Almost every city has an Indian store and you can get rice,atta and other pulses. Get chilly powder, turmeric powder,garam masala,dhaniya powder,sambar powder,rasam powder and any other masalas you use frequently. You get all these in the Indian stores but they are very expensive. You can get pickles and ghee also from home. I prefer home-made pickles. If you are crazy about maggi then get loads of maggi packets. The price of maggi is almost ten times the price of maggi in India. Don't bring salt and sugar. You get that pretty cheap here.Miscellaneous: Get as many notebooks, pens and other stationary you need. If you already have list of textbooks then try to get those from India. Again it's better to coordinate and decide who is going to get which book. Get toothbrushes from India. Nobody told me this and I ended up buying the same toothbrush which I used in India here for $3. Girls should get the clips, rubber bands, hairpins,etc from India as all those items are pretty expensive here. It's better to get the basic make-up items also from India( get a plucker for eyebrows, don't think of buying it here as it costs 5$ and it costs 50Rs in India..get the point??) Medicines: Get Medicines for all the basic ailments and get a doctor's note for all the medicines you carry(the prescription should be written on the doctor's letterhead with a stamp and signature). Check the expiry for all the medicines before you buy them. If you are traveling to US in spring 2015 then the expiry of the medicines you carry should be atleast in 2017. Get all the vaccinations before you travel. Get bandaids( available but are too expensive here)Clothes: Get atleast 15 pairs of undergarments. You cannot wash the clothes in the house and dry them( you are not allowed to hang a drying line,most houses will not even have balconies). You will have to depend on washing machines and dryer( each washing and drying cycle will cost around 3$). So if you get less clothes you will have to wash them frequently and you will end up spending more. Get a decent number of traditional Indian clothes. Every university has an Indian association and there are gatherings during Indian festivals and it's nice to be dressed up in Indian attire once in a while(you don't want to end up in same dress for all the occasions)Do not buy winter clothes. They are of no use for the climate here. However If you are coming to US in December and if you are coming to a place which has snowfall then buy a good jacket and sturdy shoes(with good grip). Also you should mentally prepare yourself for the climate. You will be coming from a moderate climate to extremely cold climate. Travel: Check the baggage specifications with your airlines before you buy the suitcases. Get a good laptop bag from India(but buy the laptop on US). Get a travel card. It's easier for your parents to transfer money to you. No transaction charges and hassle free transfers. You do not incur any charge for swiping the card anywhere and you incur minimum charge for withdrawing money( it's 2$ for axis bank travel card and even lesser for SBI). Carry atleast 400$ with you when traveling to US. Chances are you won't get change in the foreign exchange centers in India, but don't worry about that you can get change in the US airport). When booking connecting flights check the airlines policy in case the first flight gets delayed and you miss the second flight. Keep all the documents in the cabin luggage. Some airlines allow only one bag in cabin luggage( either laptop bag or hand bag, but not both). So check with the airlines while booking. Just because 7kgs in allowed in the cabin luggage do not stuff your bag. The airports are huge and it gets difficult to carry the bag( there are no trolleys after the security checkin). Electronics: Don't bother getting Iron box, hair dryer, etc from India. Electronics are pretty cheap here. Get a electric converter/spike cord for the phone/laptop.If you are joining in Fall then carry your old laptop and you can get a good deal during Black Friday sale. If you are joining in spring then request one of your friends to buy a laptop for you in the Black Friday sale).Driving license: if you already have a four wheeler license then it is good to get International driving permit(IDP). This is not mandatory but it's good to have a license.
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What are the important sections of cyber laws in India?
The Government of India enacted its Information Technology Act 2000 with the objectives stating officially as: “to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "electronic commerce", which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers' Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto.The Act essentially deals with the following issues: Legal Recognition of Electronic Documents Legal Recognition of Digital Signatures Offenses and Contraventions Justice Dispensation Systems for cyber crimes.CYBER CRIME- Cyber Crime is not defined officially in IT Act or in any other legislation. In fact, it cannot be too. Offence or crime has been dealt with elaborately listing various acts and the punishments for each, under the Indian Penal Code, 1860 and related legislations. Hence, the concept of cyber crime, is just a "combination of crime and computer". Cybercrime means any illegal behavior directed by means of electronic operations that targets the security of computer systems and the data processed by them. Furthermore any illegal behavior committed by means of, or in relation to, a computer system or network, including such crimes as illegal possession and offering or distributing information by means of a computer system or network. Any contract for the sale or conveyance of immovable property or any interest in such property; Any such class of documents or transactions as may be notified by the Central Here are some of the sections of the IT Act 2000 which are related to cyber crimes: Section 43 - Penalty and Compensation for damage to computer, computer system, If any person without permission of the owner or any other person who is in-charge of a computer, computer system or computer network – (a) accesses or secures access to such computer, computer system or computer network or computer resource (b) downloads, copies or extracts any data, computer data, computer database or information from such computer, computer system or computer network including information or data held or stored in any removable storage medium; (c) introduces or causes to be introduced any computer contaminant or computer virus into any computer, computer system or computer network- (d) damages or causes to be damaged any computer, computer system or computer network, data, computer database, or any other programmes residing in such computer, computer system or computer network-3. (e) disrupts or causes disruption of any computer, computer system, or computer network; (f) denies or causes the denial of access to any person authorised to access any computer, computer system or computer network by any means (h) charges the services availed of by a person to the account of another person by tampering with or manipulating any computer of a computer, computer system or computer network- (g) provides any assistance to any person to facilitate access to a computer, computer system or computer network in contravention of the provisions of this Act, rules or regulations made there under, (h) charges the services availed of by a person to the account of another person by tampering with or manipulating any computer, computer system, or computer network, (i) destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, (j) Steals, conceals, destroys or alters or causes any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage, he shall be liable to pay damages by way of compensation to the person so affected. Section 43A - Compensation for failure to protect data Where a body corporate, possessing, dealing or handling any sensitive personal data or information in a computer resource which it owns, controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation, not exceeding five crore rupees, to the person so affected. Section 65 - Tampering with Computer Source Documents If any person knowingly or intentionally conceals, destroys code or alters or causes another to conceal, destroy code or alter any computer, computer programme, computer system, or computer network, he shall be punishable with imprisonment up to three years, or with fine up to two lakh rupees, or with both. Section 66 - Computer Related Offences If any person, dishonestly, or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to two three years or with fine which may extend to five lakh rupees or with both. Section 66A - Punishment for sending offensive messages through communication service Any person who sends, by means of a computer resource or a communication device, (a) any information that is grossly offensive or has menacing character; (b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device, (c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages shall be punishable with imprisonment for a term which may extend to three years and with fine. Section 66B - Punishment for dishonestly receiving stolen computer resource or communication device. Whoever dishonestly receives or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device,4. shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with both. Section 66C - Punishment for identity theft Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh. Section 66D - Punishment for cheating by personation by using computer resource Whoever, by means of any communication device or computer resource cheats by personating; shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees. Section 66E - Punishment for violation of privacy Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, Explanation - For the purposes of this section: (a) “transmit” means to electronically send a visual image with the intent that it be viewed by a person or persons; (b) “capture”, with respect to an image, means to videotape, photograph, film or record by any means; (c) “private area” means the naked or undergarment clad genitals, pubic area, buttocks or female breast; (d) “publishes” means reproduction in the printed or electronic form and making it available for public; (e) “under circumstances violating privacy” means circumstances in which a person can have a reasonable expectation that-- (i) he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or (ii) any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place. shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both. Section-66F Cyber Terrorism Whoever,- with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people by – (i) denying or cause the denial of access to any person authorized to access computer resource; or (ii) attempting to penetrate or access a computer resource without authorisation or exceeding authorized access; or (iii) introducing or causing to introduce any Computer Contaminant and by means of such conduct causes or is likely to cause death or injuries to persons or damage to or destruction of property or disrupts or knowing that it is likely to cause damage or disruption of supplies or services essential to the life of the community or adversely affect the critical information infrastructure specified under section 70, Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life. Section 67 - Punishment for publishing or transmitting obscene material in electronic form Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which5. may extend to two three years and with fine which may extend to five lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees. Section 67A - Punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees. Section 67B - Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form Whoever:- (a) publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct or (b) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner or (c) cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource or (d) facilitates abusing children online or (e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with a fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees: Section 69 - Powers to issue directions for interception or monitoring or decryption of any information through any computer resource.- (1) Where the central Government or a State Government or any of its officer specially authorized by the Central Government or the State Government, as the case may be, in this behalf may, if is satisfied that it is necessary or expedient to do in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, it may, subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information transmitted received or stored through any computer resource. (2) The Procedure and safeguards subject to which such interception or monitoring or decryption may be carried out, shall be such as may be prescribed. (3) The subscriber or intermediary or any person in charge of the computer resource shall, when called upon by any agency which has been directed under sub section (1), extend all facilities and technical assistance to -6. (a) provide access to or secure access to the computer resource generating, transmitting, receiving or storing such information; or (b) intercept or monitor or decrypt the information, as the case may be; or (c) provide information stored in computer resource. (4) The subscriber or intermediary or any person who fails to assist the agency referred to in sub-section (3) shall be punished with an imprisonment for a term which may extend to seven years and shall also be liable to fine. Section 69A - Power to issue directions for blocking for public access of any information through any computer resource (1) Where the Central Government or any of its officer specially authorized by it in this behalf is satisfied that it is necessary or expedient so to do in the interest of sovereignty and integrity of India, defense of India, security of the State, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence relating to above, it may subject to the provisions of sub-sections (2) for reasons to be recorded in writing, by order direct any agency of the Government or intermediary to block access by the public or cause to be blocked for access by public any information generated, transmitted, received, stored or hosted in any computer resource. (2) The procedure and safeguards subject to which such blocking for access by the public may be carried out shall be such as may be prescribed. (3) The intermediary who fails to comply with the direction issued under sub-section (1) shall be punished with an imprisonment for a term which may extend to seven years and also be liable to fine. Section 69B. Power to authorize to monitor and collect traffic data or information through any computer resource for Cyber Security (1) The Central Government may, to enhance Cyber Security and for identification, analysis and prevention of any intrusion or spread of computer contaminant in the country, by notification in the official Gazette, authorize any agency of the Government to monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource. (2) The Intermediary or any person in-charge of the Computer resource shall when called upon by the agency which has been authorized under sub-section (1), provide technical assistance and extend all facilities to such agency to enable online access or to secure and provide online access to the computer resource generating, transmitting, receiving or storing such traffic data or information. (3) The procedure and safeguards for monitoring and collecting traffic data or information, shall be such as may be prescribed. (4) Any intermediary who intentionally or knowingly contravenes the provisions of subsection (2) shall be punished with an imprisonment for a term which may extend to three years and shall also be liable to fine. Section 71. Penalty for misrepresentation Whoever makes any misrepresentation to, or suppresses any material fact from, the Controller or the signNowing Authority for obtaining any license or Electronic Signature Certificate, as the case may be, shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.7. Section 72 - BsignNow of confidentiality and privacy Any person who, in pursuant of any of the powers conferred under this Act, rules or regulations made there under, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both. These are the IPC Section codes : Section 499. Defamation Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. First Exception.—Imputation of truth which public good requires to be made or published Second Exception.—Public conduct of public servants Third Exception.—Conduct of any person touching any public question Fourth Exception.—Publication of reports of proceedings of Courts Fifth Exception.-Merits of case decided in Court or conduct of witnesses and others concerned. Sixth Exception.—Merits of public performance Seventh Exception.—Censure passed in good faith by person having lawful authority over another. Eighth Exception.—Accusation preferred in good faith to authorised person. Ninth Exception.—Imputation made in good faith by person for protection of his or other’s interests Tenth Exception.—Caution intended for good of person to whom conveyed or for public good Section 500. Punishment for defamation Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.8. CLASSIFICATION OF OFFENCE Para I Punishment—Simple imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by Court of Session—Compoundable by the person defamed. Para II Punishment—Simple imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the person defamed with the permission of the court Section 420 Cheating and dishonestly inducing delivery of property Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compoundable by the person cheated with the permission of the court. Section 383. Extortion Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”. Example; (a) A threatens to publish a defamatory libel concerning Z unless Z give him money. He thus induces Z to give him money. A has committed extortion. (b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has committed extortion. (c) A threatens to send club-men to plough up Z’s field unless Z will sign and deliver to B bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sing and deliver the bond. A has committed extortion. (d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion. Section 384. Punishment for extortion Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both.9. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.Section 463. Forgery Whoever makes any false documents or false electronic record or part of a document or electronic record, with intent to cause damage or injury], to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.Section 465. Punishment for forgery Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.CLASSIFICATION OF OFFENCE Punishment—Punishment for forgery of such document—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable. Section 503. Criminal intimidation Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. Explanation A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section. Illustration A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B’s house. A is guilty of criminal intimidation. The following are the live cases : Section 43 Related Case: Mphasis BPO Fraud: 2005 In December 2004, four call centre employees, working at an outsourcing facility operated by MphasiS in India, obtained PIN codes from four customers of MphasiS’ client, Citi Group. These employees were not authorized to obtain the PINs. In association with others, the call centre employees opened new accounts at Indian banks using false identities. Within two months, they used the PINs and account information gleaned during their employment at MphasiS to transfer money from the bank accounts of CitiGroup customers to the new accounts at Indian banks.10. By April 2005, the Indian police had tipped off to the scam by a U.S. bank, and quickly identified the individuals involved in the scam. Arrests were made when those individuals attempted to withdraw cash from the falsified accounts, $426,000 was stolen; the amount recovered was $230,000. Verdict: Court held that Section 43(a) was applicable here due to the nature of unauthorized access involved to commit transactions. Section 65 Related Case: Syed Asifuddin and Ors. Vs. The State of Andhra Pradesh In this case, Tata Indicom employees were arrested for manipulation of the electronic 32- bit number (ESN) programmed into cell phones theft were exclusively franchised to Reliance Infocomm. Verdict: Court held that tampering with source code invokes Section 65 of the Information Technology Act.Section 66 Related Case: Kumar v/s Whiteley In this case the accused gained unauthorized access to the Joint Academic Network (JANET) and deleted, added files and changed the passwords to deny access to the authorized users. Investigations had revealed that Kumar was logging on to the BSNL broadband Internet connection as if he was the authorized genuine user and ‘made alteration in the computer database pertaining to broadband Internet user accounts’ of the subscribers. The CBI had registered a cyber crime case against Kumar and carried out investigations on the basis of a complaint by the Press Information Bureau, Chennai, which detected the unauthorised use of broadband Internet. The complaint also stated that the subscribers had incurred a loss of Rs 38,248 due to Kumar’s wrongful act. He used to ‘hack’ sites from Bangalore, Chennai and other cities too, they said. Verdict: The Additional Chief Metropolitan Magistrate, Egmore, Chennai, sentenced N G Arun Kumar, the techie from Bangalore to undergo a rigorous imprisonment for one year with a fine of Rs 5,000 under section 420 IPC (cheating) and Section 66 of IT Act (Computer related Offence). section 66 A Relevant Case #1: Fake profile of President posted by imposter On September 9, 2010, the imposter made a fake profile in the name of the Hon’ble President Pratibha Devi Patil. A complaint was made from Additional Controller, President Household, President Secretariat regarding the four fake profiles created in the name of Hon’ble President on social networking website, Facebook. The said complaint stated that president house has nothing to do with the facebook and the fake profile is misleading the general public. The First Information Report Under Sections 469 IPC and 66A Information Technology Act, 2000 was registered based on the said complaint at the police station, Economic Offences Wing, the elite wing of Delhi Police which specializes in investigating economic crimes including cyber offences. Relevant Case #2: Bomb Hoax mail In 2009, a 15-year-old Bangalore teenager was arrested by the cyber crime investigation cell (CCIC) of the city crime branch for allegedly sending a hoax e-mail to a private news channel. In the e-mail, he claimed to have planted five bombs in Mumbai, challenging the police to find them before it was too late. At around 1p.m. on May 25, the news channel received an e-mail that read: “I have planted five bombs in Mumbai; you have two hours to find it.” The police, who were alerted immediately, traced the Internet Protocol (IP) address to Vijay Nagar in Bangalore. The Internet service provider for the account was BSNL, said officials. section 66 C Relevant Cases: security number was exposed by Matt Lauer on NBC’s Today Show. Davis’ identity was used to obtain a $500 cash advance loan. University of Pennsylvania faked his own death, complete with a forged obituary in his local paper. Nine months later, Li attempted to obtain a new driver’s license with the intention of applying for new credit cards eventually.Section 66C: Punishment for identity theft Imprisonment upto three years and Fine upto Rs. 1 Lakhs.Section 66D: Punishment for cheating by personation by using computer resourceSection 66E: Punishment for violation of privacy Imprisonment upto three years and/or Fine upto Rs. 2 LakhsSection 66F: Punishment for cyber terrorism May extend to Life imprisonment -do- Non bailable.Section 67: Publishing obscene information in electronic form FirstConviction: Imprisonment upto three years and Fine upto Rs. 5 LakhsSecond or subsequent Conviction : Imprisonment upto five years and Fine upto Rs. 10 Lakhs -do- Bailable in case of first conviction only. Second or subsequent conviction shall be non bailableSection 67A: Punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form First Conviction:Imprisonment upto Five years and Fine upto Rs. 10 LakhsSecond or subsequent Conviction : Imprisonment upto Seven years and Fine upto Rs. 10 Lakhs -do- Non-bailable in both first and second conviction.Section 67B: Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form.Section 67C (2): Deliberate Failure by the intermediary to preserve and retain information as specified by the Central Government.Section 68 (2): Deliberate Failure to comply with the order/direction of controller.Section 69 (4): Failure to extend facilities to decrypt information to govt. notified agencySection 69A (3): Punishment for failure by the intermediary to comply with the order of the notified agency to block websites etc.Section 69B (4): Deliberate failure by the intermediary to provide the notified agency with the technical assistance or online access to the computer resource.Section 70: Unauthorized access to protected system directly or indirectly affects the facility of Critical Information Infrastructure.Section 72A: Punishment for Disclosure of information in bsignNow of lawful contract Indian Arms Act 1959 Imprisonment upto three years and Fine .Bailable Imprisonment for a term not exceeding two years or to a fine not exceeding one lakh rupees or to both Imprisonment for a term which may extend to seven years and fine Imprisonment for a term which may extend to three years and fine Imprisonment up to 10 years and fine Cognizable Non bailable Imprisonment for a term upto three years or to a fine upto Rs. 5 Lakhs or to both.Chapter V – Offences and Penalties Sec.25 – Punishment for certain offencesSec.26 – Secret contraventionsSec.27 – Punishment for using arms, etc. Non cognizable -do- Cognizable Non bailable Non Cognizable BailableSec.28 – Punishment for use and possession of firearms or imitation firearms in certain casesSec.29 – Punishment for knowingly purchasing arms, etc., from unlicensed person or for delivering arms, etc., to person not entitled to possess the sameSec.30 – Punishment for contravention of licence or ruleSec.31 – Punishment for subsequent offencesSec.32 – Power to confiscateSec.33 – Offence by companies NDPS ACT On 8th September, 2011, the Government introduced the NDPS (Amendment) Bill, 2011 in the Lok Sabha. The Bill was referred to the Parliamentary Standing Committee on Finance on 13th September, 2011 for further consideration. The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 is the central law on control, regulation and prohibition of narcotic and psychotropic drugs in India. The Act was last amended in 2001, to rationalize punishment and adopt a sentencing structure based on the quantity of drugs involved. The stringent penal structure and rigid implementation of the NDPS Act created many problems including non-availability of opioid medication and lack of access to drug dependence treatment. The Bill seeks to amend a number of provisions of the NDPS Act including:•Modification of the definitions of ‘small’ and ‘commercial’ quantity to include the entire amount of drugs involved and not only the pure drug content [Section 2(xxiiia) and Section 2(viia)]•Standardisation of punishment for consumption of drugs to a maximum of 6 months or fine [Section 27]•Transfer of power to regulate “poppy straw concentrate” from the State to the Central Government [Sections 9 and 10]•Widening provisions for forfeiture of illegally acquired property, wherein any property of a person who is alleged to be involved in illicit traffic whose source cannot be proved is termed as ‘illegally acquired property’ and liable to be seized [Sections 68-B, 68H and 68-O]•Addition of the term ‘management’ to provisions on treatment for drug dependence [Section 71] Concerns over the Bill The proposed quantity definitions would have far signNowing implications on sentencing for NDPS offences and may expose low-level drug offenders, including people who use drugs to stringent punishment. Despite standardisation of punishment for consumption of drugs, the policy of criminalisation of drug use remains unchanged. The overbroad scope of the forfeiture provision makes it susceptible to misuse and subject to constitutional challenges. Further still, the Bill fails to address key issues and contradictions that have arisen such as, death penalty for repeat offenders, immunity for treatment seeking, regulation of treatment centres, support for harm reduction measures and access to opioid medicines. Read more. The Lawyers Collective expressed these and other concerns to the Standing Committee on Finance through written and oral submissions on the NDPS (Amendment) Bill, 2011 My request to all the people is to be safe and to be alert and not involve in wrong activities.
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