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[No.76]
February 10, 2004 |
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International Legal News
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Cases
Source:
Westlawinternational.com
A county land use code
provision of general applicability, barring the use of land by religious
organizations in a specified zone, except when a special exception was granted,
did not violate the free exercise clause on its face or as applied, when used to
force a rabbi to stop holding religious services in his residence. There was an
insubstantial burden on the exercise of religion, as the rabbi could continue
the exercise his religion by establishing a worship center in one of many areas
of the city where such use was permitted. Moreover, even if the burden was
deemed substantial, the code provision furthered the compelling government
objective of encouraging peaceful and safe residential areas, and was the least
restrictive means of furthering that objective.
Konikov v. Orange County,
Florida
The Superior Court of New
Jersey, Appellate Division, has held that, because a defendant had a reasonable
expectation of privacy in her bank records, the state's failure to obtain a
search warrant before obtaining the records, or to afford the defendant a
reasonable opportunity to object to the issuance of the grand jury subpoena
duces tecum for the records, meant that the records were inadmissible, in the
prosecution of the defendant for forgery and theft.
State v. McAllister
A security patrol officer for a
state water supply district was not acting within the course and scope of his
employment when he allegedly embraced a motorist during a traffic stop for
suspicion of driving under the influence of alcohol and allegedly attempted to
kiss the motorist when the motorist returned to retrieve her driver's license.
As a result, the district could not be held liable under the Mississippi Tort
Claims Act for the officer's alleged misconduct. The officer was no longer
acting in furtherance of the district's interests when he diverted from his
employment for personal reasons.
Cockrell v. Pearl River Valley
Water Supply Dist.
The execution of a scheme to
defraud or obtain money is not a "continuing offense" for statute of
limitations purposes under the Major Fraud Act. Thus, once the seven-year
limitations period began running when companies executed their alleged scheme to
defraud by filing a false equitable adjustment claim on a government contract, a
subsequent meeting at which the companies pressed their claim was not a
"continuation" of their "execution" that extended the
limitations period. The "execution" was already committed or complete
once the companies filed their claim. The issue was one of apparent first
impression in the Circuit Courts of Appeal.
U.S. v. Reitmeyer
News
-
The Supreme
Court has agreed to again consider & decide the constitutionality of
executing people who were juveniles at the time they committed murder. This
decision has been taken by the Court while dealing with the Missouri case of
Christopher Simmons, who was 17 at the time of a murder-robbery. His death
se ntence was overturned by the State Supreme Court last year, saying the
execution of those under 18 violated the Constitution's ban on "cruel
and unusual punishment." Missouri officials then appealed to the U.S.
Supreme Court asking the law be upheld.
While accepting
the Simmons case, the high court had said it will revisit the question of
whether executing very young killers violates the Constitution's ban on
"cruel and unusual punishment." As per the current norms, states
that allow the death penalty may impose it on killers who were 16 or 17 at
the time of committing the crimes.
Martha
Stewart's lawyer took aim at the star prosecution witness during the
proceedings of the case by questioning how he could so clearly remember a
conversation two years ago in which he passed an illegal stock tip to the
trend setter. But Douglas Faneuil, a former assistant to Stewart's broker,
insisted during his final day of cross examination that he could recall
their exchange almost word for word, even though it happened somewhere in
late December 2001.
Israel's
Supreme Court has promised a speedy ruling on a petition to halt work on a
West Bank separation barrier. The barrier is one-quarter completed. Its
planned route cuts deep into the West Bank in several places and encircles
Palestinian towns and villages, cutting off tens of thousands of people from
their farmlands, schools and social services. It is the case of the
Palestinians that the barrier is a thinly disguised Israeli land grab
project aimed at making Israel in control of large parts of the West Bank. It is the
contention of the Center for the Defense of the Individual that the
partially built network of walls, razor wire and trenches, infringes human
rights and is a breach of international law. It said that if Israel wants a
barrier, it should be built on territory that it held before seizing the
West Bank in the 1967 Mideast war. These arguments are also expected to be
made by Palestinian representatives at the Hague hearings, which begin on
later in this month. However, Israel does not recognize the old cease-fire
line as a border and challenges the world court's right to rule on the
barrier, arguing that the issue is eing manipulated by its opponents for
political ends.
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SEBI
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SEBI Regulations
Notification No. SEBI/LAD/DOP/19023/2004
Dated 27.01.2004 : In the Securities and Exchange Board of India (Foreign
Institutional Investors) Regulations, 1995, after regulation 15, a new
regulation has been inserted, effective from 03.02.2004, namely: -
"15A. (1) A Foreign
Institutional Investor or sub account may issue, deal in or hold, off-shore
derivative instruments such as Participatory Notes, Equity Linked Notes or any
other similar instruments against underlying securities, listed or proposed to
be listed on any stock exchange in India, only in favour of those entities which
are regulated by any relevant regulatory authority in the countries of their
incorporation or establishment, subject to compliance of "know your
client" requirement:
Provided that if any such
instrument has already been issued, prior to the 3rd February 2004, to a person
other than a regulated entity, contract for such transaction shall expire on
maturity of the instrument or within a period of five years from 3rd February,
2004, whichever is earlier.
(2) A Foreign Institutional
Investor or sub account shall ensure that no further down stream issue or
transfer of any instrument referred to in sub-regulation (1) is made to any
person other than a regulated entity."
Derivatives
Circular No. DNPD/ Cir-9/04
Dated 03.02.2004 : In order to streamline the issuance of electronic contract
notes as a legal document like the physical contract note, the exchanges are
advised to implement the following:
1. The exchanges would
prescribe a standard format for the electronic contract note (based on the model
format prescribed in Annexure A) in its bye-laws, rules and regulations.
2. The exchange bye-laws, rules
and regulations for issuance of electronic contract note shall be amended to
include all the standard pre-printed terms and conditions in the physical
contract note. The electronic contract note would mention the relevant bye-laws
/ rules / regulations of the exchange subject to which the said contract note is
being issued.
3. The exchange shall also
modify / amend other relevant bye-laws, rules and regulations with respect to
signing of the electronic contract note with a digital signature so as to make
the modified format of the electronic contract note a valid legal document like
the physical contract note.
4. The mechanism of record
keeping of electronic contract notes in a soft non-tamperable form shall be
prescribed by the exchange in compliance with the provisions of the IT Act,
2000.
Mutual Funds Division
Circular No SEBI/IMD/CIR
No.3/2564/2004 Dated 05.02.2004 : The format of the Monthly Cumulative Report
has been revised to incorporate the disclosure of average asset under
management, data on total number of investors in the schemes and the data on
Fund of Funds scheme. Accordingly, the monthly cumulative report (MCR) shall be
submitted to SEBI in the revised format, commencing with the report for the
month of March'04.
Circular No SEBI/IMD/CIR
No.2/254/04 Dated 04.02.2004 : It has been decided that all existing personnel
of mutual funds / AMCs who are engaged in sales and marketing, and employees who
interact with investors such as those working in investor relations, call
centres etc. shall mandatorily complete the certification process by September
30, 2004. However, the existing employees who would be above the age of 50 as on
that date, would be exempted from this requirement of passing the certification
test but they shall attend a refresher course on mutual funds which would be
offered by AMFI and submit a certificate to that effect to their employers by
September 30, 2004. After September 30, 2004, mutual funds/AMCs shall engage /
employ certified personnel only, for the above mentioned activities.
Press Releases
Press Release No PR No.32/2004
Dated 05.02.2004 : The Secondary Market Advisory Committee (SMAC) has been set
up by SEBI as a standing committee to advise on matters relating to secondary
market. The committee has deliberated on the various disclosure requirements
relating to the shareholding pattern of companies and has arrived at a revised
format for the disclosure of shareholding pattern under clause 35 of the listing
agreement.
Press Release No. PR 20/2004
Dated 26.01.2004 : To strengthen the 'know your client' regime and in the
interests of greater efficacy of the market, amendment has been made to the
Securities and Exchange Board of India (Foreign Institutional Investors)
Regulations, 1995 by making the insertion of new regulation 15A in the said
regulations.
Press Release No. PR 19/2004
Dated 23.01.2004 : SEBI has reiterated that there is no change in its policy of
FII investments in India except by way of strengthening the "know your
client" regime. It has been made clear that with effect from 3rd February,
2004, overseas derivative instruments such as Participatory Notes (PNs) against
underlying Indian securities can be issued only to regulated entities and
further transfers, if any, of these instruments can also be to other regulated
entities only. In addition, to facilitate the process of transition, derivative
instruments already issued and outstanding against un-regulated entities will
not be required to be terminated immediately. It has been decided that the said
contracts will be permitted to expire or to be wound - down on maturity, or
within a period of 5 years, whichever is earlier.
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CBEC Excise Tariff
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Circular No. 774/7/2004-CX
Dated 04.02.2004 : It has been made cleared that Commissioners of Central Excise
(Appeals) are given concurrent jurisdiction of the entire zone and jurisdiction
of Chief Commissioner is also extended to all the Commissioners of Central
Excise (Appeals) within his zone. Chief Commissioner of Central Excise, within
his jurisdiction, may specify the jurisdiction of individual Commissioner of
Central Excise (Appeals), under his charge, by issuing suitable orders. In
normal situations, each Commissioner of Central Excise (Appeals) should continue
to handle the appeals arising out of the jurisdiction of specific
Commissionerates of Central Excise, as specified by Chief Commissioner of
Central Excise. However, Chief Commissioner, may allocate the additional charge
or any individual cases to Commissioner of Central Excise (Appeals), as and
when, required.
Notification No. 11/2004 Dated
29.01.2004 : Amendments have been made in Notification No. 56/2002-CE and
57/2002-CE Both Dated 14.11.2002. In Notification No. 56/2002-CE in para 3,
clause (b) and entries relating thereto, have been substituted.
In Notification No. 57/2002-CE
in para 3,-
(i) clause (c) has been
re-lettered as clause (a) thereof
(ii) clause
(d) has been
renamed as clause (b) and the entries related to it have been substituted.
Circular No. 773/6/2004-CX
Dated 28.01.2004 : Doubts have been raised about the criteria to be followed for
the classification of the articles as "Handicrafts", especially in the case
of textiles articles, which are predominantly made by hand or are having
substantial ornamentation. Therefore, the views of the Development Commissioner
(Handicraft), Ministry of Textiles have again been sought. The Development
Commissioner (Handicrafts) has stated that if the article (readymade garment/
apparel) is having one or more of the following features, the same may be
treated as "Handicrafts":-
1. Hand painting (including
Kalamkari) or hand printing or handicrafts Tie & Dye or handicrafts Batik.
2. Embroidered or crocheted
ornamentation.
3. Applique work of sequins,
glass or wooden beads, shells, mirrors or Ornamental motifs of Textiles and
other material.
4. Extra warp/wept
ornamentation of cotton, silk, zari (metal thread in Gold/silver) wool or any
other fibre yarn.
It has been clarified that
while deciding the cases pertaining to classification of articles as
"Handicrafts", the above mentioned views of the Development
Commissioner (Handicrafts) may also be considered.
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CBEC Excise non Tariff
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Notification No. 3/2004 NT
Dated 04.02.2004 : In the said notification :-
(i) in the opening paragraph,
after the word and figure Table-I, the word, figure and letter Table IA, has
been inserted;
(ii) after Table I, a new Table
1A has been inserted and
(iii) Table III has been
substituted.
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CBEC Customs Tariff
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Circular No 12/2004 Dated
05.02.2004 : It has been decided to permit import of any capital goods (which
are required by the Service Providers for rendering service) under DFCEC Scheme
for Service Providers.
Circular No 11/2004 Dated
05.02.2004 : It has been clarified that benefit of DEPB Scheme in respect of
supplies made by DTA Units to SEZ Units can only be allowed on & from a
future date when Chapter XA, inserted in the Customs Act through Finance Act,
2002 relating to Special Economic Zones, in brought into operation. It has also
been clarified that in case any benefit of DEPB Scheme was extended in respect
of supplies made by DTA Units to SEZ Units in the past recovery action should be
initiated immediately.
Notification No 33/2004 Dated
03.02.2004 :In the notification, in the Table, in column (2), for the figures,
"50%" occurring in both the places, the figures "40%" have been
substituted.
Notification No. 32/2004 Dated
30.01.2004 : In the notification, in the Table, S.No. 444 and the entries
relating have been omitted.
Circular No. 09/2004 Dated
29.01.2004 : The Government has revised the All Industry Rates of duty drawback
notified in the Duty Drawback Table, 2003-2004, by amending the relevant
Notification No.26/2003-Customs (N.T.) dated 1.4.2003. The rates so revised and
notified vide Customs Notification (N.T.) No.12/2004 issued on 29.1.2004, have
been effective from 9th February, 2004.
Notification No. 31/2004 Dated
28.01.2004 : In the notification, paragraph 9 has been substituted.
Notification No. 30/2004 Dated
28.01.2004 : The Central Government has exempted second hand computers and
computer peripherals including printer, plotter, scanner, monitor, keyboard and
storage unit from the whole of duty and additional duty of customs leviable
thereon under the First Schedule of the Customs Tariff Act, when received as
donation by -
(i) a School run by the Central
Government or, Government of a State or, a Union territory or, a local body;
(ii) an Educational Institution
run on non-commercial basis by any organization;
(iii) a Registered Charitable
Hospital;
(iv) a Public Library;
(v) a Public Funded Research
and Development Establishment;
(vi) a Community Information
Centre run by, the Central Government or, Government of a State or, a Union
territory or, local body;
(vii) an Adult Education Centre
run by the Central Government or, Government of a State or, a Union territory
or, a local body, or
(viii) an organisation of the
Central Government or, a Government of a State or, a Union territory,
from a donor outside India,
subject to the condition that the said organisation undertakes to observe the
procedure prescribed by the Deputy Commissioner of Customs or Assistant
Commissioner of Customs having jurisdiction, for transport of the said goods
from the Port or Airport or Land Custom Station or Inland Container Depot to its
premises and such goods shall not be used for any commercial purposes, and shall
not be sold, disposed of, gifted, loaned, exchanged or parted with, without the
permission of the said Deputy Commissioner or Assistant Commissioner of Customs,
within a period of five years from the date of receipt of the said goods and
during the said period of five years, the jurisdictional Deputy Commissioner of
Customs or Assistant Commissioner of Customs may inspect these organisations on
random basis, to ensure that the computers are actually there and have not been
diverted or put to unauthorized use.
Circular No. 08/2004 Dated
28.01.2004 : It has been reiterated that an EOU unit should not be denied
permission to debond merely because some show cause notice or confirmed dues is
pending against the unit. The Commissioners should, therefore, take an overall
view of the matter and after taking adequate safeguards, permission could be
given to the unit to debond. For recovery of confirmed dues the normal procedure
under law should continue to be taken even after debonding.
Circular No. 07/2004 Dated
28.01.2004 : In order to ensure expeditious disposal of unclaimed/ uncleared
cargo, under section 48 of the Customs Act, 1962, and landed upto 31.3.2003, and
lying with custodians, whether in the private or public sector, a procedure has
been framed by the Board.
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CBEC Customs Non Tariff
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Notification No 13/2004-N.T.
Dated 03.02.2004 : In the Baggage Rules, 1998, Appendix A, Appendix B, Appendix
C & Appendix E have been amended.
Notification No. 12/2004-N.T.
Dated 29.01.2004 : The Central Government, has made the amendments in the
Notification No.26/2003-CUSTOMS(N.T.), dated the 1st April, 2003, to bring into
effect the revised all Industry Rates of Drawback. The revised rates has been made
effective from 9th February, 2004.
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Service Tax
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Notification No 2 /2004 Dated
05.02.2004 : The Central Government has exempted taxable service (other than
service in relation to a package tour) provided by a tour operator from so much
of the service tax leviable on such operator, as is in excess of the amount of
service tax calculated on ten per cent. of the gross amount charged from any
person by such operator for the services provided in relation to a tour and bill
issued for this purpose indicates that the amount charged in the bill is the
gross amount charged for such a tour.
Notification No 1 /2004 Dated
04.02.2004 : In the notification, in para 2, for the figures, letters and words
"29th day of February, 2004", the figures, letters and words "30th day of
June, 2004", have been substituted.
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RBI
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Circular No A.P.(DIR Series)
Circular No. 67 Dated 06.02.2004 : On the matter of non mentioning in the
Annexure B, of Notification No. FEMA 94/2003-RB dated June 18, 2003, about the
investment in respect of residual activities, Government have then clarified that
Automatic Route for FDI upto 100 per cent would continue to be available for
residual activities as was previously available.
Circular No A.P.(DIR Series)
Circular No. 66 Dated 06.02.2004 : With a view to simplifying and liberalising
the procedure for imports, it has been decided to raise the prescribed limits of
USD 10,000/- and USD 25,000/- for direct receipt of import bills/documents,
which have been directly received by the importers from the overseas suppliers,
under the facility, mentioned at paragraph A.12 of the Annexure to A.P.(DIR
Series) Circular No. 106 dated June 19, 2003 , uniformly to USD 100,000/- or its
equivalent.
Circular No. A.P.(DIR Series)
Circular No. 64 Dated 04.02.2004 : As a step towards simplification and
liberalization of the foreign exchange facilities available to residents, it has
been decided that resident individuals may freely remit upto USD 25,000 per
calendar year for any purpose for which a Scheme has been formulated in this
behalf. Under the scheme it has been elaborated that only the resident
individuals are eligible to avail of the facility under the scheme. The facility
will not be available to corporates, partnership firms, HUF, Trusts, etc. The
scheme also describes the purpose s for which such sum shall be utilised. It has
been further clarified that the facility under the scheme is in addition to
those already available for private travel, business travel, gift remittances,
donations, studies, medical treatment etc as described in Schedule III of
Foreign Exchange Management (Current Account Transactions) Rules, 2000. A remittance
procedure has also been set out under the scheme, which is to be
followed on strict basis.
Circular No A.P.(DIR Series)
Circular No. 63 Dated 03.02.2004 : It has been decided that Multilateral
Development Banks like International Finance Corporation (IFC), Asian
Development Bank (ADB), etc. which are specifically permitted by the Government
of India to float rupee bonds in India, may purchase Govt. dated securities. The
payment shall be made either by inward remittance through normal banking
channels or out of funds held in the fund account opened with the specific
approval of Reserve Bank. In the case of sale of Government dated Securities by
a Multilateral Development Bank, the net maturity proceeds after payment of
taxes, may be either remitted abroad or credited to the fund account which has
been opened with the specific approval of Reserve Bank.
Circular No A.P.(DIR Series)
Circular No.62 Dated 31.01.2004 : Out of balances held by NRIs/PIO/Foreign
Nationals (including retired employees or non-resident widows of Indian
citizens) in NRO accounts/sale proceeds of assets, they were allowed to remit
upto USD 1 million per calendar year on production of certain documents. Now,
the clarifications on various aspects of the facility viz. eligibility criteria,
purpose and the ceiling for repatriation, etc. have been provided by RBI.
Accordingly, Foreign national, [other than a citizen of Nepal or Bhutan or a
Person of Indian Origin (PIO)] and NRI/PIO, who has acquired the assets in
question, out of rupee resources when he was in India or by way of
legacy/inheritance from a person who was a resident in India,
are eligible for repatriation
facility. The liberalised remittance facility is available for any bonafide
purpose. Following Funds/assets are eligible for repatriation :-
(a) sale proceeds of immovable
property,
(b) assets acquired by way of
Inheritance/legacy
(c) a deposit with a bank or a
firm or a company,
(d) provident fund balance or
superannuation benefits,
(e) amount of claim or maturity
proceeds of insurance policy,
(f) sale proceeds of shares,
securities,
(g) any other asset held in
India, in accordance with the provisions of the Act or Rules or Regulations made
thereunder (as defined at Regulation 2(v) of Notification No.FEMA 13/2000-RB
dated May 3, 2000).
Circular No A.P.(DIR Series)
Circular No. 61 Dated 31.01.2004 : It has been decided to waive the submission
of Declaration in Form GR/SDF/PP/SOFTEX in respect of export of goods and
software of value not exceeding USD 25,000 or its equivalent. The exporters
shall, however, be liable to realise the amount of foreign exchange, which
becomes due or accrues on account of such exports, and to repatriate the same to
India in accordance with the provisions of FEMA Regulations. Authorised Dealers
have also been advised to exercise caution in dealing with inward remittances by
ensuring adherence to the 'Know Your Customer' (KYC) norms and fully satisfy
themselves about the source of funds before certifying the proceeds as export
receipts for different purposes. The revision in the limit for mandatory
submission of the Declaration will come into force from April 1, 2004.
Circular No. A.P.(DIR Series)
Circular No. 60 Dated 31.01.2004 : Revised ECB guidelines have been issued by
RBI which have been made effective from 01.02.2004. ECB can be accessed under
two routes, viz.,
(i) Automatic Route and
(ii) Approval Route.
Notification No DBOD No. BP. BC
66 / 21.04.117/2003-2004 Dated 05.02.2004 : It has been decided, in consultation
with the Government of India, that applications for one time settlement of
chronic NPAs of public sector banks up to Rs. 10 crore may be received up to
31st July 2004. Consequently, the last date for processing applications received
up to 31st July 2004 would also be extended to 31st October, 2004.
Notification No DBOD.No.PSBS.BC.
64 /16.13.100/2003-04 Dated 03.02.2004 : With a view to streamlining the
procedure for obtaining acknowledgement and removing uncertainties for investors
including foreign investors (FDI, FII and NRI) in regard to the allotment or
transfer of shares and indicate in a transparent manner the broad criteria
followed by RBI for the purpose, it has been decided to issue detailed
guidelines in this regard. For private sector banks, it has to be ensured
through an amendment to the Articles of Association that no transfer takes place
of any acquisition of shares to a level of 5 percent or more of the total
paid-up capital of the bank unless there is a prior acknowledgement by the RBI.
Boards of private sector banks are advised to take the guidelines into account
while seeking acknowledgement for transfer of allotment of shares.
Press Release No. 2003-2004/942
Dated 04.02.2004 : As a part of the measures for further liberalization,
residents have been permitted to remit an amount up to USD 25,000 per calendar
year for any purpose without any distinction between the transaction being on
the current account or capital account, for which a Scheme has been formulated
by the Reserve Bank. All resident individuals are eligible to avail of the
facility under the scheme. This facility is available for making remittance up
to USD 25,000 per calendar year for any current or capital account transaction
or a combination of both. Under this facility, resident individuals will be free
to acquire and hold immovable property or shares or any other asset outside
India without prior approval of the Reserve Bank. Individuals will also be able
to open, maintain and hold foreign currency accounts with a bank outside India
for making remittances under the scheme without prior approval of Reserve Bank.
The foreign currency account may be used for putting through all transactions
connected with or arising from remittances eligible under this Scheme.
Press Release No. 2003-2004/931
Dated 31.01.2004 : With a view to promote investment in the real sector -
industrial sector, especially infrastructure - in India and enable corporates to
access resources from overseas lenders at competitive rates, the policy of
external commercial borrowings (ECB) has been reviewed. Following are the
highlights of revised guidelines:-
1. The Automatic Route has been
considerably liberalised for corporates, other than financial intermediaries.
All loans for investment in industrial, infrastructure sector and for
acquisition of shares under the Government's disinvestment programme of PSU
shares up to US $ 500 million having minimum average maturity of 5 years are
covered under the Automatic Route. In other words, such loans do not require
prior approval of either Reserve Bank of India or Government of India. Within
this category, loans up to US $20 million with minimum average maturity of 3
years are also covered.
2. Under the Approval Route,
among the categories of ECB covered are: (i) financial institutions dealing
exclusively with infrastructure or export finance, (ii) banks and financial
institutions which had participated in the textile or steel sector restructuring
package approved by the Government and based on assessment of prudential norms
by RBI, and (iii) cases falling outside the purview of the automatic route.
3. The all-in-cost ceilings
have been fixed at 200 basis points and 350 basis points over six months LIBOR
for ECB of minimum average maturity of 3 - 5 years and more than 5 years,
respectively.
The revised guidelines relating
to ECB have been made effective from February 1, 2004.
Press Release No. 2003-2004/930
Dated 31.01.2004 : The Exchange Control Department has been renamed as Foreign
Exchange Department with effect from January 31, 2004.
Press Release No. 2003-2004/920
Dated 29.01.2004 : RBI has formulated guidelines for acknowledgement of
transfer/ allotment of shares in private banks. These guidelines seek to make
transparent the broad criteria, which will be followed for issuing such
acknowledgements to avoid uncertainty for potential investors
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DGFT
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Public Notice No. 46
(RE-03)/2002-07 Dated 04.02.2004 : The Director General of Foreign Trade has
made the addition / correction / amendment in the book titled 'Schedule of DEPB
Rates..
Notification No. 31
(RE-2003)/2002-2007 Dated 29.01.2004 : The Central Government has amended the
ITC (HS) Classification of Export and Import Items 2002-07 by making addition at
the end of Chapter 1A- General Notes Regarding Import Policy of Schedule 1. The
addition is with regard to Import into India of the certain livestock and
livestock products.
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Secretariat for Industrial Assistance (SIA)
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Press Note No. 1/2004 Dated
28.01.2004 : Government have effected the following changes in the FDI Policy
with a view to liberalize the FDI regime :-
(i) FDI up to 100 per cent is
permitted, in printing scientific and technical magazines, periodicals and
journals, with prior Government approval.
(ii) FDI up to 100 per cent is
permitted on the automatic route on Petroleum product marketing subject to the
existing sectoral policy and regulatory framework in the oil marketing sector.
(iii) FDI up to 100 per cent is
permitted on the automatic route in oil exploration in both small and medium
sized fields.
(iv) FDI up to 100 per cent is
permitted on the automatic route for petroleum product pipelines subject to and
under the Government Policy and regulations thereof.
(v) FDI up to 100 per cent is
permitted for Natural Gas / LNG Pipelines with prior Government approval.
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Department of Industrial
Policy
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Notification No. GSR59(E) Dated
21.01.2004 : The Central Government has prohibited the possession, sale and use
of the Nitro-glycerine, an explosive, in any form, throughout the country with
effect from the 1st day of April, 2004.
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Department of
Telecommunications
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Notification No. 11-11/2004
Dated 03.02.2004 : The Telecom Regulatory Authority of India in regard to
maintenance of Register of Interconnect Agreements and matters connected
therewith, has made the e Register Of Interconnect Agreements (First Amendment)
Regulations 2004. These Regulations have been made effective from the date of
its notification i.e 03.02.2004.
Notification No. SO118(E) Dated
27.01.2004 : The Central Government has notified that the area in relation to
which the Bench of the Telecom Disputes Settlement and Appellate Tribunal,
constituted vide notification of the Telecom Disputes Settlement and Appellate
Tribunal, New Delhi number I-Judl/TDSAT/2003, dated the 13th October, 2003, may
exercise its jurisdiction, shall be the whole of India.
Notification No.
402-30/2001-FN(pt) Dated 20.01.2004 : Telecom Regulatory Authority of India in
regard to laying down the standards of quality of service to be provided by the
service providers has made the Regulation on Quality of Service for VOIP Based
International Long Distance Service (First Amendment), 2004. The regulation has
been made effective from the date of its notification in the Official Gazette
i.e. 20.01.2004.
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Ministry of Power |
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Notification No. SO119(E) Dated
27.01.2004 : The Central Government has appointed the 27th January, 2004, as the
date on which the provisions of the Electricity (Amendment) Act, 2003 (57 of
2003) has been enforced.
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Press Information Bureau
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Dated 04.02.2004 : The
Government has appointed the National Commission for Persons with Disabilities
under the Chairmanship of the former Governor Shri Sunder Singh Bhandari.
According to a notification issued by the Ministry of Social Justice and
Empowerment, Prof. O.P. Kohli and Dr.Vijay Prabha have been appointed as full
time Members and former civil servant Shri S. Sathyam as Member-Secretary of the
Commission. They, including the Chairman, will hold office for three years. It
would give recommendations on the programmes of action towards elimination of
inequalities in status and on facilities and opportunities for disabled persons
in order to give the appropriate education and vocational training so that they
are assessed for their abilities despite disabilities.
Dated 30.01.2004 : The
Department of Posts (DoP) has introduced nation-wide e-Post Service with a view
to bridge the digital divide and to bring the benefit of the revolutionary
internet technology to the people living in the rural areas and other remote
areas.
Dated 29.01.2004 : Government
has decided to prohibit import of the certain specific livestock and livestock
products from the Republic of Korea, Vietnam, Thailand, Cambodia, Pakistan,
Japan and other countries reporting the outbreak of Highly Pathogenic Avian
Influenza (Fowl Plague). The prohibition, to be effective from the date of
Gazette notification, will be in force for six months or till such time it is
modified or withdrawn whichever is earlier.
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Supreme Court |
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The questions for consideration
before Hon'ble Supreme Court was whether Flag Code is "law"
and whether the right to fly the National Flag by Indian citizen is a
fundamental right within the meaning of Article 19(1)(a) of the
Constitution of India.
The Bench ruled that Flag Code
issued by Central Government to regulate flying of the National Flag is
merely an executive instruction and therefore not a law within the
meaning of Article 13(3)(a) of the Constitution for the purpose of
Clause (2) of Article 19 thereof. However the guidelines as laid down
under the Flag Code deserve to be followed to the extent it provides
for preservation of dignity and respect for the National Flag.
Apex Court ruled that right to
fly the National Flag freely with respect and dignity is a fundamental
right of a citizen within the meaning of Article 19(1) (a) of the
Constitution of India being an expression and manifestation of his
allegiance and feelings and sentiments of pride for the nation. However
the fundamental right to fly National Flag is not an absolute right but
a qualified one being subject to reasonable restrictions under Clause 2
of Article 19 of the Constitution of India. Even assertion of the right
to respectfully fly the flag vis-à-vis the mere right to fly the flag
is regulated and controlled by two significant parliamentary
enactments, namely, the Emblems and Names (Prevention of Improper Use)
Act, 1950 and the Prevention of Insults to National Honour Act, 1971.
Hon'ble Court further clarified
for the purpose of interpretation of the constitutional scheme and for
the purpose of maintaining a balance between the fundamental / legal
rights of a citizen vis-à-vis, the regulatory measures/restrictions,
both Parts IV and IVA of the Constitution of India can be taken
recourse to - Appeal dismissed.
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