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Legislative and Regulatory Update
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[No.65] October
20, 2003 |
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Free access to the most recent
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International Legal News |
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Cases
Source:
Westlawinternational.com
A former client's legal-malpractice action
against her former attorney was not a "claim for personal
injury," for purposes of a Texas statute making the Texas
Arbitration Act inapplicable to personal injury claims unless
certain procedures are followed. The representation at issue in
the malpractice claim arose out of the former client's suit for
economic losses that were allegedly sustained as the result of
employment discrimination.
Miller v. Brewer
The Supreme Court held that a supervisor
committed actual fraud by deliberately planning to put a female
employee in a place where he could, and did, sexually assault
her. Thus, the supervisor could be liable for punitive damages.
The supervisor falsely represented to the employee that their
reason for staying overnight was work related, while knowing
that to be untrue.
Beaver v. Montana Dept. of Natural Resources
and Conservation
A divorced mother and father with joint
legal custody over their minor daughter were each a legal
guardian of the daughter, and not the daughter's collective
guardian. Accordingly, the mother's consent alone was sufficient
for the daughter to obtain legal abortion, under the statute
requiring the written consent of one parent or "legal guardian"
of an unemancipated minor pregnant woman before she can obtain
an abortion. The mother and father did not become one guardian
simply by virtue of their sharing joint legal custody after
divorce. To require the consent of both parents simply because
the parents were divorced with joint legal custody would "merely
be visiting condemnation upon the head of an innocent child who
is not responsible for her parent's divorce."
S.H. v. D.H.
Denying certiorari, the United States
Supreme Court let stand a Ninth Circuit decision that ordinances
of the City of Laguna Beach, California, prohibiting art shows
and exhibitions in a public park did not violate the First
Amendment. The Ninth Circuit found that the laws were content
neutral, in that they not discriminate on the basis of the views
expressed. As content neutral laws, the ordinances passed
constitutional muster because they were narrowly tailored both
facially and as applied. The City had a substantial interest in
preventing commerce in the park, maintaining its aesthetic
beauty, and structuring the orderly movement of pedestrians
through the park. Without the prohibition on art shows and
exhibitions, the park, because of its status as a popular
destination, could become bogged down, both by crowds and
aesthetically, by artists selling their work.
Nor did the ordinances grant unbridled
discretion to government officials enforcing the law. Unlike
permit schemes in other cases, which provided officials the
power to grant permits but did not articulate why, how, or when,
Laguna Beach's ordinances did not give the city manager the
power to discriminate, so as to raise the specter of selective
enforcement on the basis of the content of speech. Finally,
there were ample alternatives available for expression.
.
Lavery v. City of Laguna Beach,
CA.
News
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The U.S. Supreme Court has
agreed to review the Internet pornography law "Child
Online Protection Act" passed by Congress in 1998. The Act
has been challenged as unconstitutional on the basis of
free speech, by The American Civil Liberties Union
representing booksellers, artists, explicit Web sites and
others. This is the second time in years the law is being
reviewed by the court. According to the Solicitor General
Theodore Olson COPA is a reasonable solution to the
proliferation of online pornography and targets commercial
pornographers. On the other hand ACLU argued, that the law
make criminals of many people who use the Internet for
legitimate, often health-related reasons.
-
Parents of a murdered son, who
died of starvation by being locked in cupboard can claim
compensation under a scheme of Criminal Injuries
Compensation Authority. Compensation had been refused to
the parents on the grounds that the son had criminal
convictions. however the parent pleaded that the son had
been forced to commit crime by a person who eventually
murdered him. The scheme of Criminal Injuries Compensation
Authority offers benefits to survivors of criminal acts
and relatives of those who have died as a result of a
crime of violence. It covers items such as funeral
expenses.
-
Feeding tube of a woman in
Florida, who has been in comatose state since 1990 was
removed on 16th October after a long court battle between
her husband and parents. Parents of Terri Schiavo, 39 met
Governor Jeb Bush and asked him to intervene and order to
re-insert the feeding tube. However, Governor said that he
could do little to countermand the court's order. Conflict
between Terri Schiavo's husband Michael Schiavo and her
parents Mary and Bob Schindler has been going in order to
keep her alive. According to Michael Schiavo, Terri
wouldn't have wanted to live in this manner, while her
parents still have hope of her recovering. Whereas the 2nd
Florida District Court of Appeal in Lakeland has already
refused to block a probate judge's order to remove the
feeding tube. .
-
$614 million has been paid by
Bayer AG, a German chemicals and pharmaceuticals group in
order to settle 1,683 liability cases over cholesterol
drug Baycol. Baycol was withdrawn from the market in 2001
and is responsible for more than 100 deaths. A
spokesperson for Bayer said "We will continue our
settlement policy. We try to agree on fair compensation
for anyone who experienced serious side effects from
Baycol on our own initiative and without acknowledging any
legal liability,"
-
Twenty people out of
twenty-seven needed to seat a jury to begin the trial of
John Allen Muhammad, a suspect in the sniper case has been
selected after the attorneys reached an agreement out of a
pool of 127 prospective jurors. The potential panelists
were quizzed individually on their views about the death
penalty, their exposure to pretrial news accounts and
whether they felt terrorized by the sniper spree.Muhammad,
42, and co-defendant Lee Boyd Malvo, 18, were behind 13
shootings that killed 10 people during a three-week period
in Virginia, Maryland and Washington, D.C., last
year.
-
Number of babies born to
non-nationals, being granted Irish nationality has been on
rise. This is due to the fact that Ireland is the only
European country which grants automatic citizenship to
babies born within its borders. Mostly women from African
countries travel to Ireland to give birth to their
babies. |
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SEBI |
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Secondary Market Division
Circular No. MIRSD/REG-1/Cir- 39/19257/03
Dated 10.10.2003 : SEBI has been receiving representations from
broker fora and individual brokers seeking suitable extension of
August 31, 2003 deadline for payment of fees by brokers in the
cash segment of the Exchanges. The same have been considered and
it has been decided to extend the deadline to 31st December
2003.
Accordingly, it is advised to bring to the
notice of all brokers in the cash segment of the Exchange that
those brokers who have failed to comply with the 50% facility by
March 31, 2003 or for whom collection of fees has not been
stayed by any Court of law, are required to pay the entire fees
and interest payable by them up to financial year 2003-04 by
December 31, 2003, failing which, appropriate action as
permissible under the SEBI Act, 1992, the SEBI (Stock brokers
and Sub-brokers) Regulations, 1992 read with the SEBI (Procedure
for Holding Enquiry by Enquiry Officer and Imposing Penalty)
Regulations 2002 would be initiated.
Circular No. SEBI/MRD/SE/Cir-38/2003 Dated
08.10.2003 : It has been decided by SEBI that the
exchanges shall seek the prior approval of SEBI for the
introduction of any new trading segment on the stock exchange.
Accordingly, the Stock Exchanges have been directed
to
1. make necessary amendments to the relevant
bye-laws, rules and regulations for the implementation of the
above decision immediately, as may be applicable.
2. bring the provisions of this circular to
the notice of the member brokers/clearing members of the
Exchange and also to disseminate the same on the website.
3. communicate to SEBI, the status of the
implementation of the provisions of this circular in Section II,
item no. 13 of the Monthly Development Report for the month of
October 2003.
Regulations
Notification No. SO1204(E) Dated 14.10.2003
: Securities and Exchange Board of India (Central Listing
Authority) (Amendment) Regulations, 2003
Notification No. SO1160(E) Dated 01.10.2003
: Securities and Exchange Board of India (Credit Rating
Agencies) (Second) (Amendment) Regulations, 2003
Notification No. SO1159(E) Dated 01.10.2003
: Securities and Exchange Board of India (Bankers to an Issue)
(Amendment) Regulations, 2003
Notification No. SO1158(E) Dated 01.10.2003
: Securities and Exchange Board of India (Underwriters)
(Amendment) Regulations, 2003
Notification No. SO1157(E) Dated 01.10.2003
: Securities and Exchange Board of India (Registrars to an Issue
and Share Transfer Agents) (Amendment) Regulations,
2003
Notification No. SO1156(E) Dated 01.10.2003
: Securities and Exchange Board of India (Depositories and
Participants) (Third Amendment) Regulations, 2003
Notification No. SO1155(E) Dated 01.10.2003
: Securities and Exchange Board of India (Debenture Trustees)
(Amendment) Regulations, 2003
Notification No. SO1154(E) Dated 01.10.2003
: Securities and Exchange Board of India (Merchant Bankers)
(Amendment) Regulations, 2003
Press Releases
Press Release No. PR 248/2003 Dated
14.10.2003 : Securities and Exchange Board of India (SEBI)
signed a Memorandum of Understanding (MOU) with the Monetary
Authority of Singapore (MAS) on October 13, 2003 in Singapore.
The MOU was signed by Mr. G N Bajpai, Chairman, SEBI and Mr Koh
Yong Guan, Managing Director, MAS, in Singapore. The MOU aims to
strengthen communication channels and establish a framework for
assistance and mutual cooperation between the two
organizations.
Press Release No. PR 246/2003 Dated
13.10.2003 : In order to ensure that adequate infrastructural
and software systems are in place and also to ensure a smooth
transition, it has been decided to defer the implementation of
the amendments to SEBI (Disclosure and Investor Protection)
(DIP) Guidelines, 2000 regarding Chapter XI of the Guidelines
which was amended to introduce T + 6 norms for book built
issues, (where T is the Book closure date and trading is to
commence on 6th day) and Clause 9.3.1(iii) was amended to
provide for a blackout period on research reports from a date 45
days immediately preceding the filing of Draft Offer Document
with SEBI and extending upto 45 days after commencement of
trading in relevant securities, till further notice. Hence, in
respect of the aforesaid issues, viz., introduction of T + 6
norms in book building and blackout on research reports, the
provisions applicable prior to Circular dated 14.8.2003 would
continue to apply till further notice. It is also clarified that
all amendments carried out vide Circular dated 14.8.2003, except
the above two, stand effective. |
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Department of Company
Affairs |
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Notification No. GSR804(E) Dated 14.10.2003
: Provisos have been added in rule 2, in sub-rule (3), after the
first proviso, specifying that a company with its registered
office and corporate office and works situated in towns with a
population of less than one lakh in accordance with Census of
India 2001 report and having a paid-up share capital of rupees
two crores or more but less than rupees five crores, may appoint
any individual, who possess any one or more of the
qualifications specified in clauses (i) to (x) of sub-rule (4)
as its whole-time secretary to perform the duties as such under
the Companies Act, 1956(1 of 1956)
Circular No. 27/2003 Dated 07.10.2003 : Some
clarifications regarding Simplifies exit scheme have been
issued.
Notification No. GSR785(E) Dated 06.10.2003
: Central Government has declared certain companies to be Nidhis
subject to the directions specified in the notification of the
Government of India in the erstwhile Ministry of Law, Justice
and Company Affairs (Department of Company Affairs) Number GSR
241 dated the 28th April, 1995, GSR 555(E) dated the 26th July,
2001, GSR 308(E) and 309(E) both dated the 30th April, 2002.
Notification No. SO1136(F) Dated 30.09.2003
: Central Government has notified a Scheme namely, the Company
Law Settlement (Jammu and Kashmir) Scheme, 2003 for granting
immunity from prosecution and compounding the period of delay
involving in filing certain documents under the Companies Act,
1956 ( 1 of 1956) to companies in the state of Jammu and
Kashmir. |
| Department of Revenue |
|
Notification No. 1/2003 Dated 13.10.2003 :
In the Foreign Travel Tax Rules, 1979, in rule 11, the proviso
has been omitted.
Order No. SO1188(E) Dated 08.10.2003 : In
the said Order, for the words and figures, "promissory notes,
described as Gold Deposit Certificates and Bonds under Gold
Deposit Scheme, 1999", the words and figures, "Certificates
issued on or after 6th November, 2000 under the Gold Deposit
Scheme, 1999 as notified vide Notification No. G.S.R. 634(E)
dated 14th September, 1999 by a Designated Bank referred to in
para 2 of the said Scheme" shall be substituted and shall be
deemed to have been substituted with effect from the 6th
November, 2000. |
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CBDT |
|
Notification No. 244/2003 Dated 01.10.2003 :
1. In part VI,
(a) rule 26B, Statement of particulars of
income under heads of income other than "Salaries" for deduction
of tax at source, has been substituted.
2. in part VIA,-
(a) in rule 37G, for the expression "Form
No. 27F", the expression "Form No.13" have been
substituted;
(b) in rule 37H, in sub-rule (1), the words,
figures and letter "in Form No.27G" have been omitted;
(C) in Appendix II,
(a) Form No.12C has been omitted;
(b) Form No.13, has been substituted.
(c) Form No. 13C, Form No, 13D, Form No.
13E, Form No. 15, Form No. 15AA, Form No. 15B, Form No. 15E,
Form No. 27F and Form No. 27G have been omitted.
Notification No. 243/2003 Dated 01.10.2003
"Goods Transport Labour Board, Mumbai" Notified u/s 10(23C)(iv)
Notification No. 242/2003 Dated 01.10.2003
"Sri Aurobindo Society, Kolkata" Notified u/s 10(23C)(iv)
Notification No. 241/2003 Dated 01.10.2003
"Goods Transport Labour Board, Mumbai"Notified u/s 10(23C)(iv)
Notification No. 240/2003 Dated 01.10.2003 :
In Appendix II, in Form No. 3AC, Part III relating to Statement
of particulars relating to the claim for deduction under section
33AB, has been substituted.
Notification No. 239/2003 Dated 30.09.2003 :
(a) in Part VIA,-
(A) for rules 37C and 37D, new rules have
been substituted.
(B) in rule 37E, after the expression "Form
No. 27E", the words "within one month from the end of the period
for which the return is required to be filed" have been
inserted
(b) Form No. 27C and Form No. 27D, have been
substituted. |
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CBEC
Excise
Tariff |
|
Circular No. 755/71/2003-CX Dated 13.10.2003
: Subsequent to issue of Circular dated 22nd September, 2003, it
has been brought to the notice of the Board that the circular is
not in consonance with the relevant provisions of sub-rule 2 of
Rule 4 of CENVAT Credit Rules, 2002. Accordingly, the matter has
been examined by Board and for para 4 of the said circular, the
new para has been substituted.
Circular No 754/70/2003-CX Dated 09.10.2003
: Having regard to availment of credit on inputs falling under
chapter-28 and 29 used exclusively for the manufacture of
exempted goods by certain assesses manufacturing finished goods
falling under chapter-30 of Schedule to Central Excise Tariff
Act, 1985, it has been reported that the assesses are
subsequently reversing an amount @ 8% of the price of the
exempted goods under clause (b) of sub-rule (3) of rule 6 of
CENVAT Credit Rules, 2002. It is therefore clarified that no
credit can be taken on inputs which are used exclusively in or
in relation to the manufacture of exempted final products. It
may also be seen that this position was the same in erstwhile
Central Excise Rules, 1944 and there has been no change in this
principle. The procedural facility is prescribed to take care of
the practical difficulties which may be faced by the
manufacturers using the same inputs in both dutiable and
exempted final products.
Circular No. 753/69/2003-CX Dated 06.10.2003
: The department had proposed the classification of Aluminium
foil laminated on both sides with plastic films under Chapter
Heading 3920 on the basis of Board's circular no. 461/27/99
dated 12.02.2002 classifying the product under Chapter Heading
7607. Department's appeal against this order was set aside by
the Supreme Court in CA No. 5148/02 on 24.02.2003 on the ground
that the Department did not file appeal against the CEGAT order
in the case of Indian Foils Limited, Calcutta.
This judgment of the Supreme Court has been
accepted by the Board and it has been decided by the Board that
classification of aluminium foil laminated on both sides with
plastic film would be under Chapter Heading 7607 instead of
Chapter Heading 3920. |
|
CBEC
Excise non Tariff |
|
Notification No. 77/2003 NT Dated 08.10.2003
: Central Government has specified Moradabad Special Economic
Zone at Moradabad, in the state of Uttar Pradesh, as a "special
economic zone |
|
CBEC
Customs Tariff |
|
Notification No. 153/2003 Dated 14.10.2003 :
In the notification, in the paragraph 2, for the figures,
letters and words "15th day of October, 2003 ", the figures,
letters and words "1st day of December, 2003" have been
substituted
Notification No. 152/2003 Dated 14.10.2003 :
In the notification, in the paragraph 2, for the figures,
letters and words " 15th day of October, 2003 ", the figures,
letters and words "1st day of December, 2003" have been
substituted.
Notification No. 151/2003 Dated 14.10.2003 :
In the notification, in the paragraph 2, for the figures,
letters and words "15th day of October, 2003", the figures,
letters and words "1st day of December, 2003" have been
substituted.
Notification No. 150/2003 Dated 14.10.2003 :
In the said notification, in condition (2), for sub-condition
(ii), the following sub-condition has been substituted, namely:-
(ii) the imports shall be made only through
the ports of Mumbai, Nhava Sheva, Chennai, Kolkata or Cochin, or
the inland container depots of Tuglakabad or Bangalore.
Notification No. 149/2003 Dated 14.10.2003 :
Anti Dumping Duty has been imposed on Methylene Chloride
imported From Republic Of Korea.
Circular No. 90/2003 Dated 13.10.2003 : The
Export Inspection Council of India has brought to the notice of
the Board that honey valued at around Rs 100 Crores is being
exported out of the country per year. Out of this, only a couple
of processors/exporters had obtained the requisite ' Certificate
of export worthiness' for their export consignments valued at
less than Rs 1( one ) crores during the past year. Hence, most
of the exports consignments of honey during the past year had
been made without obtaining the necessary 'Certificate of export
worthiness' from any of the notified Export Inspection Agencies
( EIAs).
In view of the facts mentioned above, the
authorities have been instructed to ensure that all export
consignments of honey are accompanied with the valid "
Certificate of Export" issued by any of the notified Export
Inspection Agencies. If the export consignments are not
accompanied with the " Certificate of Export", the same may be
stopped.
Notification No. 148/2003 Dated 07.10.2003 :
Central Government has rescinded the notification of the
Government of India in the erstwhile Ministry of Finance and
Company Affairs (Department of Revenue), No. 65/2003-Customs,
dated the 4th April, 2003, published in Part II, Section 3,
Sub-section (i) of the Gazette of India, Extraordinary, dated
the 4th April, 2003 vide No. G.S.R. 304 (E), dated the 4th
April, 2003, except as respects things done or omitted to be
done before such rescission.
Notification No. 147/2003 Dated 07.10.2003 :
Anti Dumping Duty has been Imposed On Steel And Fibre Glass
Tapes imported From China PR |
|
CBEC Customs Non
Tariff |
|
Notification No. 87/2003-N.T. Dated
14.10.2003 : In the Special Economic Zones (Customs Procedures)
Regulations, 2003, in regulation 1, in sub-regulation (3), for
the figures, letters and words "15th day of October, 2003", the
figures, letters and words "1st day of December, 2003" have been
substituted.
Notification No. 86/2003-N.T. Dated
14.10.2003 : In the Special Economic Zones Rules, 2003, in rule
1, in sub-rule (2), for the figures, letters and words "15th day
of October, 2003", the figures, letters and words "1st day of
December, 2003" have been substituted. |
|
RBI |
|
Circular No. A.P. (DIR Series) Circular
No.27 Dated 10.10.2003 : It has been decided to grant general
permission to Indian companies, viz. a body corporate registered
or incorporated in India, to grant rupee loans to its employees
who are Non-Resident Indians or Persons of Indian Origin,
subject to the certain conditions
Circular No. A.P. (DIR Series) Circular
No.26 Dated 03.10.2003 : With a view to liberalising the
procedure for export of books, it has been decided that
henceforth the Authorised Dealers may approve proposals for
export of books on consignment basis for realisation of export
proceeds upto 360 days from the date of shipment. The exporters
may also be allowed to abandon the books which remain unsold at
the expiry of the period of the sale contract. Accordingly, the
value of the unsold books may be shown by the exporters as
deduction from the export proceeds in the Account Sales.
Notification No. DBOD. BP. BC. 34 /
21.04.137/ 2003- 2004 Dated 15.10.2003 : With reference to
paragraph 5 of Circular No. DBOD. BP. BC. 83/ 21.04.137/ 2002-
2003 dated 21 March 2003 advising banks that Special Purpose
Vehicles (SPVs) complying with certain conditions would not be
treated as investment companies and therefore would not be
considered as NBFCs and hence would be eligible for bank finance
for PSU disinvestments of Government of India, the position has
been reviewed and banks are advised that only those SPVs which
comply with the specified conditions would not be treated as
investment companies and therefore would not be considered as
NBFCs for the limited purpose of being eligible for bank finance
for PSU disinvestments of Government of India, subject to
compliance with the other guidelines issued vide Circulars Nos.
DBOD. BP. BC. 17 and 83/ 21.04.137/ 2002-2003 dated 16 August
2002 and 21 March 2003 respectively.
Notification No. DBOD.IBS.BC.32
/23.13.004/2003-04 Dated 10.10.2003 : Under the existing
regulations:
a. a corporate in the DTA can borrow from an
OBU only under the scheme of External Commercial Borrowings
(ECBs), subject to FEMA regulations.
b. a bank can borrow from its OBU subject to
the ceiling fixed for banks for overseas
borrowings.
c . OBUs cannot lend to any entity in the
Domestic Tariff Area other than as specified at (a) and
(b).
It has now been decided that henceforth (b)
will not be permissible and the exposures of an OBU in the DTA
will be restricted to (a) only and the aggregate of such
exposures should not exceed 25% of its total liabilities as at
the close of business of the previous working day, at any point
of time.
Notification No. IECD No. 2/04.02.01/2003-04
Dated 07.10.2003 : With reference to circular
IECD.No.8/04.02.01/2002-03 dated September 28, 2002 extending
the Special Financial Package upto September 30, 2003, it has
been decided to further extend the validity period of the
Financial Package upto September 30, 2004.
Press Release No. 2003-2004/499 Dated
14.10.2003 : The Government of India have announced the sale
(re-issue) of "5.69 percent Government Stock 2018" for a
notified amount of Rs.5,000 crore through a price based auction
using multiple price auction method. The auction will be
conducted by the Reserve Bank of India (RBI) at Mumbai on
Tuesday, October 21, 2003.
Press Release No 2003-2004/494 Dated
13.10.2003 : The Reserve Bank of India has cancelled the licence
of The Neelagiri Cooperative Urban Bank Ltd., Nalgonda, Andhra
Pradesh to carry on banking business. The bank is precluded from
transacting the business of `banking' as defined in the Banking
Regulation Act, 1949 (As applicable to Co-operative Societies)
and it will not be in order for it, among other things, to
accept deposits from public and allow withdrawals by cheque,
draft, order or otherwise. |
|
DGFT |
|
Circular No. 17(RE-2003)/2002-2007 Dated
10.10.2003 : With reference to Policy Circular
No.10(RE-2003)2002-2007 dated 3.7.2003 wherein all Licensing
Authorities were advised to decide on the admissibility of
import of Natural Rubber in the light of the High Court decision
and the Exim Provisions and procedures, department has issued
clarifications relating thereto.
Public Notice No. 28(RE-03)/2002-07 Dated
10.10.2003 : In exercise of the powers conferred under Paragraph
2.4 of the Export and Import Policy 2002-2007, as amended, the
Director General of Foreign Trade has deleted Note 11 under the
General Notes for All Export Product Groups as contained in the
Handbook of Procedures, Vol.2, 2002-2007, as amended.
Trade Notice No. 05 / 2002-2007 Dated
08.10.2003 : With a view to smoothly implement the provisions of
the Policy Circulars No.9(RE-2003)/2002-07 dated 30.6.2003 and
Policy circular No.15(RE-2003)/2002-2007, the members of trade
and Industry have been informed of the procedure to be followed
while making applications for grant of a fresh Advance Licence
involving import of all drugs or while applying for grant of
revalidation/extension in Export Obligation period/seeking
enhancement in quantities in respect of an already issued
Advance Licence. |
|
Department of Commerce |
|
Notification No. 14/17/2003-DGAD Dated
08.10.2003 Anti-dumping Investigations have been initiated
Concerning Import of Cyclohexanone Originating in or Exported
from Taiwan, European Union and United States of America
(USA)
Notification No. 14/39/2002-DGAD Dated
01.10.2003 Anti-dumping Investigations have been initiated
Concerning Import of Caustic Soda Originating in or Exported
from Chinese Taipei, Indonesia and EU (Excluding France)--Final
Findings |
| SIA |
|
Press Note No. 4/2003 Dated 10.10.2003 : As
the entrepreneurs are aware, after consideration of an
application for Industrial Licence for setting up industrial
undertaking or expansion of the existing industrial undertaking
or for the manufacture of new article, a Letter of Intent (LOI)
is issued in the first instance. The conditions contained in the
Letter of Intent are required to be fulfilled within a period of
3 years or within extended period of validity as may be
specifically allowed by the Government. Government has now
decided that Industrial Licence will now be granted directly
against applications to ensure speedy implementation of
projects. This procedure will, however, not apply to the
applications relating to manufacture of items reserved for
exclusive production in the small scale sector.
|
|
Department of Industrial Policy |
|
Notification No. GSR782(E) Dated 04.10.2003
: Draft of certain rules which the Central Government proposes
to make have been published, for information of all persons
likely to be affected thereby and notice has been given that the
said draft rules will be taken into consideration after the
expiry of a period of fifteen days from the date on which copies
of the Official Gazette in which this notification is published
are made available to the public. |
|
Department of Consumer Affairs |
|
Notification No. GSR787(E) Dated 06.10.2003
:Central Government has issued the Sugar Development Fund (Third
Amendment) Rules, 2003 to be effective from 06.10.2003.
1. Rule 14A has been inserted.
2. Rule 20 has been substituted.
3. FORM-VI-A relating to rule 19 (14A), has
been inserted.
4. In the said rules, in the existing Form
VI, relating to sub-rule (4) of rule 20, for the heading and
sub-heading have been substituted. |
| Ministry of Chemicals and Fertilizer |
|
Notification No. SO1148(E) Dated 01.10.2003
: Central Government, with a view to securing equitable
distribution and availability of fertilisers to the farmers in
time, has directed that the manufacturers specified in the
Schedule appended to this notification, shall sell the
fertilisers produced by them, and of the description and
quantity specified therein, to the registered fertiliser dealers
in the State or the Union territory specified in the
corresponding entries of the said Schedule, during the Rabi
season, 2003-2004, commencing on and from the date of
publication of this notification in the Official Gazette to the
31st day of March, 2004. |
| Ministry of Health |
|
Notification No. GSR780(E) Dated 01.10.2003
: In exercise of the powers conferred by Section 26A of the
Drugs and Cosmetics Act, 1940 (23 of 1940), the Central
Government has prohibited the manufacture, sale or distribution
of Phenformin for human use. |
| Ministry of Labour |
|
Notification No. GSR783(E) Dated 03.10.2003
: Paragraph 68BC relating to Withdrawal / financing from the
Fund for the purchase of a dwelling house/flat or the
construction of a dwelling house including the acquisition of a
suitable site by the Member, has been inserted.
|
| Press Information Bureau |
|
Dated 09.10.2003 : The Ministry of Social
Justice and Empowerment has constituted the Research Advisory
Committee on Scheduled Castes Development. It will advise the
Ministry on promotion/ coordination and utilization of research
for the development of Scheduled Castes. It will also assist the
Ministry in screening and approval of various research proposals
and projects received from organisations and individuals in this
regard. The twelve-member Committee headed by the Secretary
Social Justice and Empowerment has four non-official
members.
Dated 09.10.2003 : The Central Board of
Direct Taxes have issued a notification amending the Income- tax
Rules, 1962 with a view to rationalize the various rules and
forms relating to deduction of tax at source and collection of
tax at source. |
| Supreme Court |
|
Appeal was filed before Hon'ble Supreme
Court in Public interest seeking a writ or order in the nature
of mandamus directing the Union of India to forthwith and
without delay notify the Delhi Rent Control Act as contemplated
under Section 1(3) of the Act, which had got Presidential assent
in August 1995, but is yet to become law.
The Apex Court ruled that the Section 5 of
General Clauses Act, by provisions of which, laws come into
force immediately after receiving presidential assent could not
be applied to the Delhi Rent Control Act because the Rent Act
incorporated specific provisions against automatic enforcement,
and gave the power of its notification exclusively to the union
executive. Hence no writ or mandamus can be issued to the
government to enforce the statute or any of the provisions of
the statute.
The Hon'ble Supreme Court further clarified
that the legislature could delegate its power to bring a law
into force to the executive or an outside agency - Appeal
Dismissed. |
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