Labour Migration and their Legal Implications in India!!!

Labour migration refers to the movement of individuals from one place to another for the purpose of work. In this, it includes crossing the boundary of a political or administrative unit for a certain time period.

Labour migrants face a number of challenges at their destination regardless of the duration of their stay. Some of these challenges usually an immigrant faces are long working hours, poor living or working condition, social isolation, political prohibition of poor access to basic facility, social prerogative, housing etc. Migration affects labour market at the place of origin. It also affects household and community levels by changes in relation. In the field of income, expenditure patterns and investment are affected by the migration.

National Labour Migration:-

India is the one of the fastest growing country. The main reason for this growth is rural to urban migration. Most of people cannot find economic opportunities in rural areas. Because of this they try to migrate to urban areas. This large scale movement is also due to the inter-regional disparities, differences between socioeconomic classes, encroachment of outsiders and skewed development policies.

Whatever may be the cause, there is no repudiate fact that the economic growth in India depends completely on the migration of labour. Economic and social impact on migrant’s family is variable. In some families, three out of four members may migrate. Migration is a safety valve in some poor areas.

Labour Laws in India:-

The Ministry of Labour and the Departments of Labor, at state levels, are responsible for formulating and implementing measures to protect migrant workers. There are some labour laws aimed to improve the conditions of migrant workers and stop their wringing.

Important Labour Laws:-

•  Inter State Migrant Workmen (Regulation and Conditions of Service) Act, 1979
• The Minimum Wages Act, 1948
• The Contract Labor (Regulation and Abolition) Act, 1970
• Equal Remuneration Act, 1976
• Building and Other Construction Workers (Regulation of Employment and   Conditions of Service) Act, 1996.

Enforcement of these laws carried out by both central and state government.

 International Labour Migration:-

International migration is a small proportion in India, though it has important local impacts. Since independence, two distinct migrations are visible that are technically qualified and professional exporters migrated to industrialized countries. Skilled and semi skilled workers have migrated to the Middle East. Migration to industrialized countries increases due to boom in Construction sector and oil industry between 1970 and 2000. Today 3 million migrants live in gulf countries. It has an impact on the national labour market. External migration also regulated by the government. The main instrument of regulation is the Emigration Act 1983, which gives the exit of Indian workers for overseas contractual employment and look on to safeguard their interests.

Quality of life and labour standards for the migrant workers in India:-

In India in consideration of wage policy, it has been noticed that male and female migrant workers get lower wages than minimum wages. They do not get the minimum, wages set forth under the minimum wages Act, 1948. Prolonged and flexible working hours, combined with low wages are outlined in the case of most seasonally migrant workers in India. At the same time female migrant workers paid lower than male workers at certain process. Here the principle of equal pay for equal work is not considered for the fixation of wage rates for contract basis male and female seasonal migrant workers as per the Equal Remuneration Act of 1976.

It has been noticed that migrant workers are not informed of their rights or labour rights,

Such as the right to equality, right to secure work, right to form an association, a living wage and a decent standard of life, right to freedom, security scheme, health, cultural and educational rights etc. There are various unorganized sectors. The workers in such sectors are victim of these issues.

Social security for migrant labour:-

The International Labour Organization is constitutionally bound to encourage social security programs and measures impart basic income to all in essential of protection. Social security systems provide nine types of sake as defined in the social security convention, 1952(102) namely, medical care, sickness and maternity, family benefits, employment injury, invalidity and survivor’s benefits, unemployment benefits, old age benefits etc. India is a founder member of the ILO. India has ratified 39 of the 182 conventions; however, it has not ratified the conventions connecting to two subjects. Freedom of organization and collective bargaining. It has been noticed that the employees have not fundamental, statutory and moral or equitable right to strike in the country.

The fact is, any citizen of the country should have the right to communicate his grievances. It is his fundamental right. It has been noticed that only the workers organized under the trade unions have the right to express injustice and to fight for rights. But what about the workers in the unorganized sector, workers who are not organized under any trade unions? Unquestionably, they belong to the lower strata of the society in correspondence to the organized workers. Who will protect the interests of the unorganized workers? Like migrant workers and contract based workers in different industries. Today, migrant workers as well as unorganized employees are fighting for labour rights and labour standards. There are various problems of migrant workers like the termination of contract labour system, execution of the provisions of the labour laws, an eight hours working day, payment of minimum of wages, social security schemes and insurance, labour welfare amenities. National Commission on Labour report found disparity in wage and working conditions.

Migrant workers, who are not regulated by any trade unions and their labour standards, aren’t protected by the government as well as trade unions. These migrant workers are illiterate, uneducated, and may belong to backward community. They do not get minimum wages stipulated under the Minimumwages Act. Today, the real issue is how to extend human rights to all parts of the labour market.

After independence, India has been embracing various labour policies and laws in order to improve working conditions of migrants. Its implementation is not completely effective. Therefore, migrant workers and workers in the unorganized sector are fighting for their labour rights and to implement the allocation of various labour laws as per International labour standards.

Connect with Licit for knowing more about your Labour rights. For free consultation from the best Lawyers specialized in Labour laws, visit the biggest online legal services platform www.licit.ooo or can download the app https://goo.gl/L8GeYk

  

GST: Are You Ready for One Nation One Tax!!!

Goods and Services Tax (GST) would be a consequential step in the reform of indirect taxation in India. GST is an indirect tax reform constitutional amendment cleared by the Rajya Sabha which affects all of us. GST will try to remove tax barriers between states and makes into a single market. GST is put forward to be a comprehensive indirect tax levy on the manufacture, sale, and expenditure of goods and services at the national level. It will replace all indirect taxes levied on goods and services by the Nation’s Central and State governments.  

India’s tax structure; Today:-

Direct Tax:-

The constitution splits taxation potential between center and states. Both levels of government have some absolute areas where they can levy the tax. Income tax, which comprises tax on company profits, is the complete domain of central government. These taxes are mentioned to as direct taxes.

Indirect Tax:-

Indirect taxes are taxes imposed on the manufacture of goods, distribution of services and expenditure and are under the exclusive domain of central government. Taxes on expenditure are the exclusive domain of state governments.

How this arrangement works?

A product is manufactured before its consumption. At the time of manufacturing, the central government levies its indirect tax called central excise at the factory gate. Later the product reaches the retail outlet and purchased by the consumer. On this stage, the state government levies a tax on consumption dubbed Value Added Tax (VAT).  So we have tax at both factory gate which adds cost of the product and then taxes at the retail outlet which also adds cost to the product. 

States have their exclusive domain on consumption tax within their borders. So they treat goods coming from other states as imports. If a product manufacturer in a particular state buys the raw material from another state, the manufacturer would have paid central excise and the state from where he purchased raw material taxes on the product. On this cost, the state government would levy its tax if the product is sold in the state. If the product is sent across the state border and sold in another state, an “export” tax called central sales tax is collected by the state from the product sent.  India is politically a single country but economically it is fragmented. It implies various tax within the country.

GST replaces the following Taxes:-

   • Central Excise Duty

   • Additional Excise Duty

  • Service Tax

  • Surcharge, Cess

  • VAT/ Sales Tax

  • Entertainment Tax

  • Luxury tax

  • Additional customs duty

  • Special Additional duty of customs

  • Taxes on lottery and betting

  • Entry tax

  • State ceases and surcharge

How GST helps Business and Consumer?

GST helps business by reducing the tax rate and makes assent easier. GST helps the consumer by lowering the price for merchandise and services. All taxes poised at the point of expenditure. 

GST Enrollment:-

GST will be ready to engage from July 2017. The existing taxpayers will have to enroll themselves under the GST database and all those who have registered themselves for service tax and central excise or any other state tax laws such as VAT. They need to get their GST registrations carried out.  The migration process of the present tax system has begun so it is very important to know about the primary features of GST.

Process of registering at GST:-

1. Getting Provisional ID for GST

        Provisional ID and password is directly given by VAT department. All will be provided with distinctive ID and password. This is mandatory. And can use this for login to GST portal created for this purpose.

2. Documents required:-

  The following documents required for this propose:-

• Personal email id to receive confirmation and acknowledgment.

• Bank account number and IFSC code.

• Softcopy of proof of business, such as a partnership deed (PDF or JPEG file of the same), registration certificate, and LLP Agreement, whichever applies are required to upload.

• Photograph of partners, owner or Karta (in case of HUF) in a JPEG file with a size not exceeding 100KB.

• Proof of appointment of authorized signatory. It should be either in PDF or JPEG file, and size should not exceed1MB.

• Soft copy of Bank account details such as an image of bank account number, branch address as well as the address of the account holder (front page of the passbook, or bank statement). Size should not exceed more than 1MB.

3. Registration Process:-

         Open GST Website www.cbec.gov.in/htdocs-cbec/gst and create user ID and password. For creating user ID and password provisional ID and password is required.

Step 1:- First enter into GST website and click on “New User Login”. Click I Agree for the declaration provided and continue to register.

Step 2:- After agreeing on declaration hit on continue and will direct to login page. Use provisional ID given from tax department to log in. 

Step3:- After login provisional ID verification page will be displayed and then need to fill the following details:-

    1. Valid email ID

    2. Valid mobile number.

Make sure that the provided email id and number are correct since the OTP and important information are sent to these IDs.  After that, click on continue. OTP will be sentyou’re your email id or phone number both which are required for the verification. And this email id and password will be permanent. Any change in both can be made only after April 1, 2017.

Step 4:- Next you will get a new page with OTP verified. There is option to enter personal details and new login details to secure login. Once set the new login credentials you should answer some security questions and submit it. There are five questions and it is mandatory to fill all these questions.

Step 5:- After login you will be directed to welcome page of your account. In your dashboard there is an option like “Provisional ID Enrollment”. Hit on that for application enrollment.

The common portal for Goods & Service Tax is now live. GST is now a reality and all taxpayers should be prepared for that. The penalties regarding it could be priced from few lakh even for a small mistake.

If you are looking to migrate or register new GST, do contact LICIT – Go Legal on +91 9741 33 33 77 or e-mail us at info@licit.ooo

If you require more assistance on GST, connect with Licit. For Consulting Lawyers online for any of your legal queries visit the biggest online legal solution www.licit.ooo or download the app  https://goo.gl/L8GeYk

Consumer Rights that Everyone should Aware of...!!!

15^th March is World Consumer Rights Day (WCRD), it is an occasion for celebration and solidarity within the international consumer movement. World Consumer Rights Day (WCRD) actively encourage the basic rights of all consumers, demanding that those rights are respected and protected, and a chance to protest against the market abuses and social injustices which undermine those rights.

World Consumer Rights Day was first celebrated on this day during 1962 that the then American President, John F Kennedy gave an overall structure to the consumer rights. He was the first world leader to aim a vision of consumer rights and also identify the importance of consumers as a group. Kennedy Provided the American consumer four basic rights: the Right to safety, Right to choose, Right to information and Right to be heard.

The day is structured by Consumers International (CI), which is the world federation of consumer groups. CI serves as the only self - governing and authoritative global voice for consumers and was founded in 1960. Now CI has over 220 member organizations in 115 countries around the world. They consider their mission of being a voice and champion for consumers in policy-making forums and in the global marketplace. They work outside of any political parties and maintain their independence so that they can make sure that consumers are treated properly. Each year, the CI Council selects a theme for World Consumer Rights Day activities. This year CI campaigning to build a Better Digital World.

Consumer Rights:-

Right to Safety:

Right to safety explains the right to be protected against the marketing of goods and services, which are perilous to life and property. It is the consumer’s responsibility to use the product for its meant purpose and correctly follow the instructions and warnings.

Right to be Informed:-

The right to be informed concerns about the quality, quantity, potency, purity, standard and price of goods or services so that consumers can make intelligent decision on purchasing a particular product. Right to be informed is to protect the consumer against unfair trade practices. This right also ensures that it is illegal for companies to enhance dishonest or misleading advertising or labeling and consumers are responsible for scrutinizing all information.

Right to Choose:-

The right to choose ensures that right to assertive wherever possible, access to a variety of goods and services at competitive prices. The distributors of the product or service should price their product according to competitive market and ensure their quality. Consumers are responsible for comparing their prices and quality for similar type of products before making choice.

Right to be Heard:-

The right to be heard pointed towards the consumer’s interests will receive due consideration at appropriate fora. Government entities should consider customer interest and need when making policies and also business should consider this while developing product or services. It is responsibility of consumers to inform business and elected officials regarding the issues related to particular items. 

Right to Redress:-

The right to redress explains the right to look for redress against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers. Customers have an avenue with which to get compensation unsatisfactory performance of services or inferior products or damage inflicted from their use.  It is the consumer’s responsibility to actively hunt for appropriate replacement.

Right to Satisfaction of Basic needs:-

The right to satisfaction of basic need explains all consumers have right to suitable access to necessary goods and services such as food, cloth, shelter, health care, sanitation and education. This means that consumers are accountable for preside over their own consumption, so as not to impinge upon others receiving the same basic needs.   

Right to consumer Education:-

Right to consumer education provides program and relevant information that must available to customer about products and services which helps the consumer to take more informed decisions about products. Consumer responsibility is to take initiative in learning updated product information through out their lives.

Right to Healthy Environment:-

Right to health environment consider about impact on nature due to policies, product and services. Business and governing bodies must instate policies in production and regulation which do not harm the nature world. Consumers are responsible for purchase product and services which comparatively less harmful for themselves and future generations. 

Consumer Protection Law:-

Consumer protection law or consumer law is contemplating an area of laws that regulates the relationship between individual consumers and business that sell services and products. Consumer protection covers a wide range of topics, including product liability, privacy rights, unfair business practices, fraud, misrepresentation, and other consumer/business interactions. Consumerprotection is a system of preventing fraud and scams from service and sales contracts, bill collector regulation, pricing, utility turnoffs, consolidation, personal loans that may lead to bankruptcy. In India The Consumer protection act, 1986 is to regulate consumer protection.

The Consumer Protection Act 1986:-

The consumer Protection Act is to deliver for better protection of the attentiveness

 of consumers and for that cause to make provision for  setting up of consumer councils and other authorities for the settlement of consumers' disputes and for matters connected therewith.

Consumer protection is linked to the idea of consumer rights, and to the development of consumer organizations. Consumer organizations help consume

rs make effective choices in the marketplace and get help with consumer complaints.

If you think a merchant has breached your consumer rights, it makes sense to consult with an attorney. You may be able to collect financial compensation. For online legal consultancies from the best lawyer regarding your rights visit the biggest online legal solution www.licit.ooo or download the Licit-Go Legal app  https://goo.gl/L8GeYk

Be Bold for Change:Empower Women; Empower Nation!

International Women’s Day (IWD) 2017 is on March 8^th Wednesday with celebrating all over the world recognizing the women empowerment as a social, economic, cultural and political achievement of women.

Women’s day was established back in the 1900s and later recognized by the United Nations (UN) in 1975. The goal of women’s day is to achieve gender equality for women worldwide, a journey that is still ongoing. The UN raise awareness with a new theme each year, this year being, “Be Bold For Change” Women’s day celebrate on a target of achieving gender equality, and empowerment of all women and as well as ensuring quality education for all and promoting lifelong learning. The year 2030 is the target to achieve all these. 

Women empowerment touches on the creation of an environment where they can create and make decisions of their own personal and society benefits. A woman plays multiple roles in a single day as doting daughter, caring mother as well as a wife, a competent colleague and a wide range of many other roles around as flawlessly and with grace. Women are undoubtedly the backbone of any society.

 However, women are ignored fraction of society in many parts of the world. This seriatim has caused women at large to bear the brunt of inequality, oppression, financial dependability ad other social evils.

For centuries now, women have been living under some bondage that put a limit on them from achieving professional as well as personal heights.

Women empowerment helps her to freely live their life with a sense of self- respect, worth and dignity. Give awareness about having equal right for social and economic justice lead to make their own choices and decisions. Provide safe and comfortable working environment. Enable her to participate in social, religious and public activities. Women empowerment enables her to believes that a girl should be two things: “who and what she wants”

Women empowerment helps to the overall development of the society on account of this, women empowerment is a need of society.

It is a big time that we understand the power of women and help them to come up with flying colors. We should help them to boost their confident by treating them I respect. World’s population constitutes 50% of women. Large numbers of women in this world are unemployed. It affects the world economy. An economy of a country depends on women equality at workplace. Women empowerment helps women to stand on their own legs, become self-sufficient and also to earn for their family which grows country’s economy. Women are equally competent. Nowadays, even women are leading men in many socio-economic activities. The problem of a bias towards men will be an end once we understood that women are basis of our lives and we cannot imagine success without them. Women talented as men allow them for higher education and utilize their talent worthily for society. Women empowerment reduces domestic violence. Uneducated women bear a higher risk of domestic violence than educated women. Women empowerment also helps to reduce poverty. Now day’s men’s earning is not enough for satisfying family demand. The added earning of women helps to meet demand and hence reduce total poverty of society.  This leads to national development. As result of women empowerment, she is considered for all jobs in irrespective of gender. Women empowerment gives the right to each woman to take their own decisions whether it related to family or work. They can do what they want like a man. It is very important that a woman must understand her power and utilize a maximum of it. Women have their own identity and should maintain the same. Whether they are housewife or working woman, identity means everything to them. Women need to change their mindset that they should just remain within the home and have restrictions in society but move outside for live their own lives. Even men should understand this and help her to achieve it. Ensure active participation of women in outside activities, it will have an impact on the development of countries.

The Constitution of India is one of the finest equality documents in the world. It gives provisions to secure equality in general and gender equality in particular. The Preamble, the Fundamental Rights, DPSPs and other constitutional provisions provide several general and special safeguards to secure women’s human rights.

Preamble: The Preamble to the Constitution of India assures justice, social, economic and political; equality of status and opportunity and dignity to the individual. Accordingly, our constitution treats both men and women equal.

Fundamental rights:

The policy of women empowerment is well established in the Fundamental Rights expressed in Indian Constitution:-

Article 14 ensures to women the right to equality.

Article 15(1) specifically prohibits discrimination on the basis of sex.

Article 15(3) empowers the State to take affirmative actions in favor of women.

Article 16 provides for equality of opportunity for all citizens in matters relating to employment or appointment to any office.

These rights being fundamental rights are justifiable in court and the Government is obliged to follow the same.

Fundamental duties:

Fundamental duties are well established in Part IV-A of the Constitution and are positive duties for the people of India to follow. It also hold a duty related to women’s rights:

Article 51 (A) (e) expects from the citizen of the country to promote harmony and the spirit of common brotherhood amongst all the people of India and to renounce practices derogatory to the dignity of women.

Laws for women empowerment in India:-

The Equal Remuneration Act, 1976.

The Dowry Prohibition Act, 1961.

The Immoral Traffic (Prevention) Act, 1956.

The Maternity Benefit Act, 1961.

The Medical termination of Pregnancy Act, 1971.

The Commission of Sati (Prevention) Act, 1987.

The Prohibition of Child Marriage Act, 2006.

The Pre-Conception & Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.

The Sexual Harassment of Women at Work Place (Prevention, Protection and) Act, 2013.

The above laws give feel of security, legal rights to women and sense of empowerment.

India is a part to various International practice and treaties which are performed to secure equal rights of women. One of the most important among them is the Convention on Elimination of All Forms of Discrimination against Women (CEDAW), ratified by India in 1993.

National Policy for Empowerment of Women objectives:

Create an environment for the complete development of women to enable them to realize their full potential.

Create an environment with full enjoyment of all human rights and fundamental freedom by women in all political, economic social, cultural and civil spheres.

Equal accesses to women for participating and make decisions in social political and economic life of the nation.

Provide equal health care, quality education at all levels, career and vocational guidance, employment, equal remuneration, occupational health and safety, social security and public life etc to women.

For eliminating all types of discrimination against women by strengthening legal systems.  

Ensure active participation of both men and women in all social activities.

Eliminate discrimination against women and girl child.  

Make partnerships with civil society, particularly women’s organizations and strengthen them.

It can be said that women in India, through their own uncompromising efforts and with the help of Constitutional and other legal provisions and also with the aid of Government’s various welfare schemes, are trying to find their own place. And it is a confident sign that their participation in employment- government as well as private, in socio-political activities of the nation and also their presence at the highest decision making bodies is improving day by day.

Raise your words, not your voice. Understand your strength and rights. Fight for rights and knowledge. Earn more by learning. Grow by knowing about rights and security. Right makes you confident. Be confident be strong.

For online legal consultancies from the best lawyer regarding your rights visit the biggest online legal solution www.licit.ooo or can download the app  https://goo.gl/L8GeYk

How to deal with cheque bounce cases?

Cheque bounce is one of the most frequent offences in the country, with over 40 lakh pending cases in the Supreme Court. We see a lot of people facing the incidents of ‘cheque bounce’ in our daily lives. In view of demonetization and the move towards cashless transactions, the Govt is mulling changes in the law to make the harsher punishment for 'cheque bounce' cases.

Cheque is a kind of bill of exchange and is enclosed the Negotiable Instrument Act (hereinafter referred as the Act). In India, Cheque bounce is a criminal offence.

Cheques are issued for the reason of securing proof of payment. However, cheques remain a reliable method of payment for many people. Crossed and account payee cheques are not negotiable by any person other than the payee.  It has to be deposited into his bank account. It is always advisable to issue crossed “Account Payee Only” cheques in order to avoid its misuse.  It may be better to date the cheque invariably.  A cheque is valid for six months only, from the date specified in the cheque for payment.  After the period of six months, that cheque may be named as a ‘stale cheque’. Blank cheques are not advisable.

A cheque may bounce due to insufficient funds, the amount mentioned in the cheque exceeding the amount which has been arranged to be drawn from the account by virtue of a prior arrangement or any other technical reason, such as signature mismatch, both the defaulter and the payee are charged by their respective banks.

If the cheque gets bounced, send a demand notice to the drawer, alarming to take up proceedings if the amount due is not paid. The warning of prosecution usually ends in prompt settlement (if the drawer is an individual, the proceedings would occur under Section 138 of the NI Act. Also in the case of a company, its managing director can be personally prosecuted under Section 141).  It must be sent within 30 days from the date you identified that the cheque has bounced. There is no prescribed format for this notice. The purpose of this notice is to demand payment and inform the issuer that if payment is not made within 15 days, the person will be prosecuted.

After the demand notice has been sent, the drawer asks you to present the cheque again and the validity of the cheque remains it is yet again dishonoured, the drawer’s time limit under the demand notice does not raise. The dishonour of a cheque due to stopped payment is also covered under Section 138 of the NI Act.

Bank Penalty

For most banks, the penalty charges for cheque outward return are close to Rs. 300, while charges for cheque inward return are about Rs. 100. The penalty charges change from one bank to another and are different for different account types. Premium accounts mostly have higher penalty charges. A bounced cheque can dent the financial credit history of a drawee.

 Impact on CIBIL Score

A CIBIL score is critical for your business since it can invariably affect your equation with the investors or the banks when you approach them for your loan in the future. Even a single bounce can impact your CIBIL score.

Which court to be approached?

As per the second ordinance related to Negotiable Instrument Act the accuser can approach the court under whose jurisdiction the bank, where the cheque was presented. But before approaching the court of law make sure that the bounced cheque would have been issued for the discharge of legal duty and must not have been given as a gift, donation and check the validity of cheque. Only that cheque which has legal obligation can be enforced in the court of law.

Punishment & penalty

On receiving the complaint, along with an affidavit and relevant paper trail, the court will issue summons and hear the matter. If found guilty, the offender can be punished with a monetary penalty of twice the amount of the cheque or imprisonment for a term which may be extended to two years or both. Also, the bank has the right to stop the cheque book facility and close the account for repeat offences of bounced cheques.

The drawer gets 15 days time from the date of receipt of the notice. If the drawer does not pay till the expiry of the 15 days time, the payee can proceed to file a complaint in the court of the Jurisdictional Magistrate within one month from the date of expiry of 15 days prescribed in the notice.

[1] 1999 ISJ (BANKING) 0433; 1999 (1) APEX C.J. 0624; 1999 AIR (SCW) 1637

[2]  (1999) BANKING CASES (BC) 133 (17/03/1998

[3] (1997) 89 COMPANY CASES 663 (10/01/1997)

 Procedure to file a complaint

One can file a suit for recovery of the cheque amount along with the cost & interest under order XXXVII of Code of Civil Procedure,1908,(which governs the suit in summary trial) and can also file a criminal complaint u/s 138 of Negotiable Instrument Act for punishing the signatory of the cheque for having committed an offence. This action can be taken only after giving prior notice to the other party and after the expiry of 15 days after the notice has been received by the drawer.

But if the payee justifies the delay with sufficient reasons, he may make an application before the magistrate along with the complaint and seek to condone of delay.  Perception of the complaint may be taken if the Court is satisfied that the payee had sufficient reasons for the delay in filing the complaint within the prescribed period. Must consult an accomplished lawyer in this field.

In case you do not file criminal charges against the issuer, accused can get away with only a small fine paid to the bank for a bounced cheque. However, if you file a civil or criminal case against accused, the NI Act, 1881 would apply.

Section 138 of the Act states that any bounced cheque is punishable under the Act and can lead to up to two years of imprisonment, a monetary refund or both.

According to RBI guidelines, banks can stop issuing cheque book facilities to any customer booked for a bounced cheque. The minimum stipulated rate of offence is set as at least four times on cheques valued over Rs.1 crore.

 We do not guarantee the accuracy or completeness of information given here.

Never rely upon information in this article in place of seeking professional legal advice. It is always preferable to locate an attorney who has specialized in the respective field. Start a search for best lawyers in your town and get your legal answers in minutes. For online legal consultance from the best lawyer for cheque bounce cases, you can visit the biggest online legal solution www.licit.ooo or can download the app  https://goo.gl/L8GeYk

Know your rights: Sex discrimination and sexual harassment at work

Safety of women matters a lot whether at home, outside the home or working place.

In today’s world where everyone is talking about the empowerment of women and making them visible on the Boards of Organizations/Companies and at other higher positions etc., on the flip-side we find that women are not safe even at their work place. Industries predominantly functions during the night and a high percentage of women are employed, security and transport have come to detracting areas. Especially, for small businesses, it's a lot harder to invest in security. It's a question that employers are considering before hiring women. But while the country is debating the issue, there is now more pressure on employers to ensure the safety of their workforce.

Taking a cue from the noted Vishaka case of 1997, Indian Parliament has legislated Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal) Act, 2013.The Act will ensure that women are secured against sexual molestation at the work places and a realisation of their right to gender equality, life and liberty and equality in working environment in all places. It extends to the whole of India. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. The sense of security at the workplace will improve women's participation in work, resulting in their economic empowerment and inclusive growth. The Act makes it necessary for all offices with 10 or more employees to have an internal complaints committee to address complaint in a specify time or face penalty.

According to a FICCI-EY November 2015 report, 36% of Indian companies and 25% of MNCs are not compliant with the Sexual Harassment Act, 2013. The government has warned to take serious action against employers who fail to obey law.

In a written reply in Lok sabha, Maneka Gandhi, Women and child development Minister stated that around 57 cases were reported at office premises and around 469 cases outside office related to work during 2014. This indicates a rapid increase in the cases of such nature and it can rectify only with the help of implementing various mandatory rules and regulations inside office premises. Gender equality is not only a fundamental human right, but must be the first step towards women empowerment in the society.

The proportion of women facing harassment is higher among the youngest workers. In a recent survey held, nearly two-thirds of the 138 women aged between 18 and 24  said they had been sexually attacked at work. Young women were often on contracts, such as temporary agency contract or zero-hours contracts, new in the workplace and in more junior roles have mostly faced an incidence of sexual harassment, but doesn’t have the confidence to report against superiors.

Sexual harassment at work can take many forms, includes any avoidable sexual advances either verbal or through gestures or through use of sexually suggestive or pornographic material, and includes amongst others; whistling, sexually slanting and obscene remarks or jokes; comments about physical appearance; demands for sexual favours; threats, innuendoes; avoidable physical contacts, touching, patting, pinching; physical assaults and molestation of and towards women workers by their male colleagues, or any one who for the time being is in a position to sexually harass the women.

If the following circumstances exist in relation to any behavior, that is, if any act is done under the following circumstances that would also count as sexual harassment:

Implied or explicit promise of preferential treatment in employment

Implied or explicit threat of detrimental treatment in employment

Implied or explicit threat about her present or future employment status

Interferes with work or creates an intimidating/hostile/offensive work environment

Humiliating treatment likely to affect her health and safety.

Aggrieved Woman means and includes (i)in relation to a workplace, a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent; (ii)in relation to a dwelling place or house, a woman of any age who is employed in such a dwelling place or house;

According to the Act (Section 2f), employee means a person employed at a workplace for any work on regular, temporary, adhoc or daily basis, either directly or through an agent, including a contractor, with or, without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and DRAFT Page | 7 includes a co worker, a contract worker, probationer, trainee, apprentice or called by any other such name.

Who is an employer? Employer means:

(i)in relation to any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit of the appropriate Government or a local authority, the head of that department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit or such other officer as the appropriate Government or the local authority, as the case may be, may by an order specify in this behalf;

(ii)in any workplace not covered under sub-clause (i), any person responsible for the management, supervision and control of the workplace

(iii)in relation to workplace covered under sub-clauses (i) and (ii), the person discharging contractual obligations with respect to his or her employees;

(iv)in relation to a dwelling place or house, a person or a household who employs or benefits from the employment of domestic worker, irrespective of the number, time period or type of such worker employed, or the nature of the employment or activities performed by the domestic worker;

In relation to workplace which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the Central Government or the Union Territory administration it is the Central government, while those by the State Government, it is the State Government. In relation to any workplace not covered as per the above, and falls within its territory, the appropriate Government means the State Government. (Section 2b of the Act)

Workplace according to the Act includes (Section 2o)

(i) Any department, organization, undertaking, establishment, enterprise,

institution, office, branch or unit which is established, owned, controlled or

wholly or substantially financed by funds provided directly or indirectly by the

appropriate Government or the local authority or a Government company or a

corporation or a cooperative society

(ii) Any private sector organisation or a private venture, undertaking, enterprise, institution, establishment, society, trust, non governmental organization, unit or

service provider carrying on commercial , professional, vocational, educational,

entertainmental, industrial, health services or financial activities including production, supply, sale, distribution or service

(iii) Hospital or nursing homes

(iv) Any sports institute, stadium, sports complex or competition or games venue,

whether residential or not used for training, sports or other activities relating to it

(v) Any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey

(vi) A dwelling or a house

What are the duties of the employer?

As per Section 19 of the Act, every employer shall:

(i) Provide a safe working environment at the workplace which shall include

safety from the persons coming into contact at the workplace

(ii) Display at any conspicuous place in the workplace, the penal consequences of

sexual harassments and the order constituting the ICC*(Internal complaints committee formed by an employer)

(iii) Organize workshops and awareness programmes at regular intervals for

sensitising the employees with the Act

(iv) Organize orientation programmes for the members of the ICC

(v) Provide necessary facilities to the ICC or the LCC*(Local Complaints Commitee formed by the district officer) for dealing with the complaint and conducting an inquiry.

(vi) Assist in securing the attendance of respondent and witness before the ICC or

the LCC

(vii) Make available such information to the ICC or the LCC with regard to the

complaint

(viii) Provide assistance to the woman if she chooses to file a complaint under IPC

or any other law

(ix) Cause to initiate action under the IPC or any other law against the

perpetrator or if the aggrieved woman so desires, where the perpetrator is

not an employee, in the workplace at which the incident of sexual harassment

took place

(x) Treat sexual harassment as misconduct under the service rules and initiate

action for such misconduct

(xi) Monitor the timely submission of reports by the ICC

An employer can be fined Rs 50,000 in case of violation of his duties under the Act.

How to File Complaint:

An aggrieved woman can file a complaint within 3 months of the incident (or later if allowed by the committee) and in case of a series of incidents, within a period of three months from the date of last incident. Where the aggrieved woman is not able to make a complaint on account of her physical or mental incapability or death or otherwise, her legal inheritor or such other person as may be recommended may make a complaint under this section.

Where the Internal Committee or the Local Committee, as the case may be, arrives at a conclusion that the allegation against the respondent is malicious or the aggrieved woman or any other person making the complaint has made the complaint knowing it to be false or the aggrieved woman or any other person making the complaint has produced any forged or misleading document, it may recommend to the employer or the District Officer, as the case may be, to take action against the woman or the person who has made the complaint under sub-section (1) or sub-section (2) of section 9, as the case may be, in accordance with the provisions of the service rules applicable to her or him or where no such service rules exist, in such manner as may be recommended.

Each individual has the right to work in an environment free from humiliating sexual harassment. But, significant figures of women are facing several obstacles in their life and career, due to the gender discrimination of the culture that is being followed nowadays. The Act provides for mandatory “Sexual Harassment Policy” and constitution of “Internal Complaint Committee” to look after the offences of harassment at work place for every organization where women are working, but many organizations do not following the same and this needs to be altered at the earliest. The Government must create appropriate system to track the implementation of this legislation at every organization to achieve the goal of these legislative reforms.

It’s time to stand out against sexual violence, Consult with experienced sexual assault lawyers. Use the largest online lawyers directory www.licit.ooo or download the LICIT app from playstore to quickly find detailed profiles of attorneys in your area.

The facts you should know about Medico legal cases!

 A Medico-Legal Case can be defined as a case of injury or ailment, etc., in which investigations by the law-enforcing agencies are essential to fix the responsibility regarding the causation of the injury or ailment. In simple language, it is a medical case with legal implications for the attending doctor where the attending doctor, after eliciting history and examining the patient, thinks that some investigation by law enforcement agencies is essential. Or a legal case requiring medical expertise when brought by the police for examination.

In any of the medico-legal cases, it is the legal duty of the treating doctor to report it to the nearest police station immediately after completing primary lifesaving medical care. This is in accordance with Section 39 of Criminal Procedure Code of India. The idea is to initiate the legal proceeding at the earliest is so that maximum evidence can be collected by the police officer.  Quick action by the police also helps to avoid the destruction of evidence by the treating physician.

The following cases should be considered as medico-legal and as such the medical officer is "duty-bound" to intimate to the police regarding such cases:

·         All cases of injuries and burns -the circumstances of which suggest commission of an offense by somebody. (irrespective of suspicion of foul play)

·         All vehicular, factory or other unnatural accident cases specially when there is a likelihood of patient's death or grievous hurt.

·         Cases of suspected or evident sexual assault.

·         Cases of suspected or evident criminal abortion.

·         Cases of unconsciousness where its cause is not natural or not clear.

·         All cases of suspected or evident poisoning or intoxication.

·         Cases referred from a court or otherwise for age estimation.

·         Cases brought dead with improper history creating suspicion of an offense.

·         Cases of suspected self-infliction of injuries or attempted suicide.

·         Any other case not falling under the above categories but has legal implications.

 In a country where 130,000 deaths occur annually due to road traffic accidents and 53% women suffer from domestic violence leading to grave injuries, it is important that hospitals and the law work hand in hand to help the injured. Our legal system has grown in leaps and bounds from 1989 when people would lose their lives waiting for treatment and the ‘right to life’ act was formed in the same year.  The law states that concerns like legal formalities, monetary considerations or even the infrastructural restraints of the institution should not prohibit the institution or hospital from providing basic and emergency medical treatment.

It was not long back a youth, severely injured after being hit by a speeding KSRTC bus at Koppal, Karnataka died in hospital simply because he didn't get timely help from the public. Even though the hospital was just a stone's throw from the accident spot, but people watched Anwar writhing in pain and some even used their cell phones to shoot pictures and videos. None of them tried to shift him to a hospital. Common people still have the fear that they will be tied in these cases due to unawareness in MLC. Instead of merely berating such callous and inhuman attitude among the public, there is an urgent need to create awareness that almost 50% of the accident victims have excellent chances of survival if they get immediate attention and treatment. Anyone near the accident site can call helpline 108 or 104 for ambulance, and the victim will be taken to the nearest hospital for emergency treatment free of cost. Hospitals are required to make admission irrespective of whether it is a medico-legal case and the government will reimburse the cost of treatment up to Rs 25,000.

Lately, Indian society is experiencing a growing awareness regarding patient's rights. This trend is clearly discernible from the recent spurt in litigation concerning medical professional or establishment liability, claiming redressal for the suffering caused due to medical negligence, vitiated consent, and breach of confidentiality arising out of the doctor-patient relationship. In order to prove that medical malpractice occurred, the patient must be able to show all of these things:

·         A doctor-patient relationship existed.

·         The doctor was negligent.

·         The doctor's negligence caused the injury.

·         The injury led to specific damages.

·         Failure to diagnose.

·         Improper treatment.

·         Failure to warn a patient of known risks.

 The complaint against medical negligence can be filed as mentioned below.

·         In The District Forum if the value of services and compensation claimed is less than 20 lakh rupees,

·         Before the State Commission, if the value of the goods or services and the compensation claimed does not exceed more than 1 crore rupees.

·         In the National Commission, if the value of the goods or services and the compensation exceeds more than 1 crore rupees.

Medico-legal cases have to be dealt with properly, following the institution’s prevailing guidelines. Usually, all the big hospitals and the teaching institutions have an ‘institutional medico-legal manual’ which gives, in a step-wise detail, the correct procedure for dealing with the various kinds of MLCs. Even if such manuals are not available, these cases pose no problem if one uses proper caution and due care and attention, while dealing with them. Proper documentation, timely information, a methodical and thorough examination including all relevant investigations and referrals, etc, are all that are necessary to see such cases completed successfully.

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