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Complaint of IG: Rs. 13,000 bribe money returned ?

Effect of complaint of IG Zone Lucknow: Rs. 13,000 bribe money returned ?

I have been told that after my complaint to IG Zone Lucknow against incharge of OP Inhona, ps Shivratanganj in Amethi district about his extorting Rs. 15,000 from contractor Taj Mohammad alias Tajau for illegal felling of green tree in village Otia, the outpost incharge has returned back Rs. 13,000 to Tajau. He is said to have not returned Rs. 2,000 as being the unauthorized police rate for illegal felling per tree.

Nefees Khan of village Otia says that he had intimated ASP and SP Amethi about illegal felling of a green tree which resulted in no action being taken but instead the outpost incharge hiking the bribe rate from Rs. 2000 to Rs. 15,000, forcing a dejected Nafis to contact me.

I complained to IG Zone and had also enquired the matter on the spot after which the outpost incharge is said to have returned Rs. 13,000, at the same time asking Nafis and the Contractor to change their statements. This being definitely improper and serious, if it is true, having come to know of these developments, I have now written to DGP requesting to get the matter enquired.

Amitabh and Nutan's World: Effect of complaint of IG Zone Lucknow: Rs. 13,000 bribe money returned ?

Amitabh Thakur
#094155-34526


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Sri Kailash Satyarthi & Karnailganj (Gonda) episode 2004

Sri Kailash Satyarthi & Karnailganj (Gonda) episode 2004

Like every Indian, I feel truly happy to know of Mr Kailash Satyarthi getting the Nobel Peace Prize and remember the June 2004 episode in Karnailganj, Gonda when Mr Satyarthi had been brutally beaten by owners of Great Roman Circus while attempting to rescue Nepalese circus girls.
The first time we had met at Circus premises, he was bleeding profusely on his head when I had personally attended the matter. The endevours of Gonda police had helped in pulling out Sri Satyarthi from a rather precarious situation and to rescue around a dozen Nepalese girls, which he and the media persons had hugely appreciated.
On this occasion, I feel gratified to have got an opportunity to be of any assistance to this great man in his marvelous journey.

हर भारतीय की तरह मैं श्री कैलाश सत्यार्थी के नोबेल शांति पुरस्कार जीतने की ख़ुशी में फूला नहीं समा रहा हूँ और जून 2004 की करनैलगंज, गोंडा की उस घटना को याद कर रहा हूँ जब श्री सत्यार्थी को नेपाली सर्कस बालाओं को मुक्त करने के प्रयास में ग्रेट रोमन सर्कस के मालिक द्वारा बुरी तरह मारा-पीटा गया था.

 हम पहली बार सर्कस में ही मिले थे जहां उनके सिर से बहुत खून निकल रहा था. मेरे प्रयास और गोंडा पुलिस की तत्परता से हम समय रहते उन्हें विषम स्थिति से निकाल सके थे और साथ ही दर्जन नेपाली लड़कियों को भी मुक्त करने में सफल रहे थे, जिसकी श्री सत्यार्थी और  मीडियाकर्मिओं ने भूरी-भूरी प्रशंसा की थी.

इस अवसर पर मैं अपने आप को अत्यंत सौभाग्यशाली समझता हूँ कि जीवन के किसी मोड़ पर मैं इस महान विभूति के संपर्क में आया और उनके किसी काम आ सका था.
 
 
 

Amitabh Thakur
Lucknow
#094155-34526

Amitabh and Nutan's World: Sri Kailash Satyarthi & Karnailganj (Gonda) episode 2004


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Fwd: Real Core Problem of India




---------- Forwarded message ----------
From: promod chawla <promod.chawla <at> gmail.com>
Date: Fri, Sep 26, 2014 at 11:11 AM
Subject: Real Core Problem of India
To: edu lady irwin dr anjali capila <capila.anjali <at> gmail.com>
Cc: rwa se Gaurav Arora <writetoga <at> gmail.com>, advocate ashok arora <ashok <at> aroraz.com>


Fellow supporters:
 
All what one has learnt thru schooling in a Leading Public School,
College in India’s foremost Institution in UP
+ Management learning in IIMA,
Bombay University Jamnalal Bajaj
+ 40 yrs In International Biz – Corporate Strategy
+ 13 yrs Altruist Nation Building Work
is
 
For Making India Work
 
the Key & only Focus this day of Sept 26, 2014 must be:
 
Make well looked after Politicians
+
Relatively Well Paid Bureaucrats
WORK ETHICALLY
+
 
Set aside their GREED + Selfish Intentions
 

for & on behalf of Civil Society Allnc; initiated by NNFI CIRI, posting,
altruist, promod c
Minimize Coalition Corruption – 'Brashtachar’
Think Community - Not Communal ! - Do Good for others.
Tel: 26563394 / 09811170706 / Tel Fax 26182867
www.nnfi.org.in
www.ciri.org.in





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Posted by: csrnnfi csrnnfi <csrnnfi <at> dekielectronics.com>


We have only one passion, the rise of a great Nation.
www.bharatudaymission.in




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School Ban 'Vande Mataram' & 'Namaste' + Thanks Giving: Stone pelters target J&K relief operations

Kerala school says Ban 'Vande Mataram' and 'namaste' for Independence Day programme

I-Day shocker: Kerala school drops Vande Mataram from dance programme - Hindustan Times

Names of the Traitors:
School principal: Latha Alexander
Administrator of the school: K Abdul Majeed

Were are the NGOs, human rights groups & activists like Arundhathi Roy, Teesta, Mallika Sarabhai reporters like Burka Datt, Vir Sanghvi., Arnab Goswami, S. Varadarajan, Kumar Ketkar, Nikhil Wagle, Nidhi Razdan, Karan Thapar, Rajdeep Sardesai, Ashutosh, Sagarika Ghose, Barkha Dutt, Deepak Chaurasia. These Traitors will be mum now.

Mahatma Gandhi & Swami Vivekananda said:
If you change your religion you change your nationality. So true.

Thanks Giving: Stone pelters target choppers, planes, boats in J&K relief operations


div>



--
Thanks & Regards,


Sudhir Srinivasan
B.Arch, MSc.CPM, Dip.ID, Dip.CAD, Dip.PM, Dip.LD
| Architect |


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Fwd: Yazidi and Hindu Similarity



from:  Dev Prakash Yadava <dpyadava <at> shardachem.com>
 

Yazidi and Hindu Similarity

Posted on 10:38 am, August 30, 2014 by WHN Reporter (World Hindu News)
Yazidis are in news for a grave situation in northern Iraq. They are being literally exterminated by the Islamic State Jihadis. Only 7,00,000 or so Yazidis remain on the planet today and most of them are in the northern provinces of Iraq near Kurdistan. 1000s have died already this year and their mass killing via siege, starvation and other means is gut wrenching.

The world is watching without doing much to save this extremely rare race. #SaveYazidis cry on the social media is not having much effect as 10s of 1000s of them are on the verge of extinction or capture into slavery by the extreme radicals of ISIS. The situation of women and children starving to death has created an uproar across the world, but not much help is coming forward.


While researching into who these Yazidi people are, I stumbled upon some unmistakable similarity with Hindus of India. Two hours back, I didn’t know much, but after putting these side by side, I am almost getting convinced that these Yazidis are a lost tribe linked to ancient Hindus of India. The overlapping features are clearly not some coincidences that you will find among pre-Abrahamic religions of the world.

Yazidis kiss a peacock shaped lamp.
Hindus light a peacock shaped lamp.


Yazidis temples have pyramid shaped gopura just like Hindu temples.


Yazidis symbol is a wing spread peacock, just like Hindu god Shiva’s son, Subrahmanya’s mount. The most important point to note is that peacock, the national bird of India, is a native of south and south east Asia or Africa. Not found in the area of Iraq or Syria at all.


Yazidi mural on wall of their holy Lalish temple is unmistakably Hindu. You can see saree, which is an unofficial national dress of India.


Yazidi temple at Lalish has snake symbol at the entrance. You won’t find this among other tribes of Arabia or Mesopotamia. For Hindus, Subrahmanya is the other avatara of snakes and worshiped very closely for all snake related pujas like Naga Panchami.


Yellow sun Yazidi symbol 21 rays.
Number 21 is sacred to Hindus (Ganesha). Offerings are in 21 count like Modaka (sweet).


Yazidi marry within their castes like Murids, Sheikhs and Pirs.
Hindus marry within castes.  Yazidis could have something like Gotra system (researching).


Any Hindu with even basic understanding of aarti plate, will see Yazidis as their own.


Yazidis believe in continuous rebirth and reincarnation.
Same as Hindu Punar Janma concept.

Yazidis do not circumcise, a very rare thing in the middle east.
Hindus do not circumcise.

Yazidis pray with folded hands. Hindus pray very similarly to their Gods and Goddesses.
Yazidis pray at sun rise and sun set, just like Hindus. Both face the rising or setting sun when praying to sun.


Yazidis have a symbol similar to Bindi or Tilak during temple prayer, very similar to Hindu forehead custom.


For big celebrations, lighting lamp by females common to both Yazidis and Hindus.


Yazidis men worship Melek Taus by lighting fire in temples.
Hindus’ do similar fire based worship to their Gods, with high regard for agni the fire.


As I read and browse, there are more similarities popping up. The trident (Shiva’s trishula), the vessels used during worship (kalasha), the sound (something like dhol and shankha), sun worship methods and much more..

I am convinced that they ARE deeply connected to ancient Hindu civilization. Whether through Zoroastrian connection in Persia (today’s Iran) or directly via migration, has to be researched. If you find credible sources, please share them in the comments.

And most importantly, please put pressure on the Indian, Iraqi, US, EU and other governments to save them. They have just a few days between life and death, at the current barbarism level of ISIS. Let this very rare and ancient tribe of our earth survive.
Source: Via WHN Publisher (World Hindu News)
 
 
 
 
 
 









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Writ in High Court for Men’s Commission

Writ in HC for Men’s Commission

I have filed a Writ Petition in the Lucknow bench of the Allahabad High Court praying for formation of National and State level Men’s Commission to look after specific men oriented issues and problems.

In the petition I have said that it cannot be disagreed that even today women in our society tend have more difficult position vis-à-vis men and they have a large number of special and specific problems associated with them, often resulting in serious women related offences.

At the same time, with the changing social scenario a large number of women have come to occupy strong social, economic and educational status. Instances of many such empowered women misusing their superior position and women-centric laws against men have also started coming up.

Previously I had sent representations to Cabinet Secretary, Government of India and UP Chief Secretary and have now filed this petition for formation of Men’s Commission for sensitive and empathetic handling of specific men-centric problems.

Copy of Writ Petition--


Amitabh Thakur
#094155-34526



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Posted by: Amitabh Thakur <amitabhth-/E1597aS9LQAvxtiuMwx3w@public.gmane.org>


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www.bharatudaymission.in




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FIR finally registered in Brazilian NRI cheating case

FIR finally registered in Brazilian NRI cheating case

An FIR No 216 of 2014 under sections 419, 420, 467, 468, 471 IPC has finally been registered on my application in Kakadeo police station, Kanpur about cheating and misappropriation of US$ 30289 (approx 18.25 lakh rupees) from a retired Indian Gauri Shankar Prakash residing in Brazil. The FIR has been registered against Vikram Hans, ex CMD and Praveen Singh present MD of Uttar Pradesh Industrial Consultants Limited (UPICO), Kanpur.

The FIR accuses UPICO of refusing the legitimate claims of Gauri Shankar, who along with Brazilian national Marco Antonio Torres Carvalho worked for UPICO during December 2008 to April 2009 spending their personal money on the official directions of A K Bhatnagar, then CMD, UPICO and swindling the money through forgery in the accounts and the balance sheet.

I had given this application on 20 June and had talked to SHO Kakadeo and SSP Kanpur Nagar who had assured immediate registration of FIR. But instead the application was sent for enquiry after which the FIR has been registered. This is completely contrary to the rules and hence I have written to DGP, UP seeking action against all those responsible for this delay because I am of the strong opinion that registration of each FIR is a legal right and it needs to be done without any discrimination in every case.



http://amitabhandnutan.blogspot.in/2014/08/fir-finally-registered-in-brazilian-nri.html
 


Amitabh Thakur
# 094155-34526


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Posted by: Amitabh Thakur <amitabhth-/E1597aS9LQAvxtiuMwx3w@public.gmane.org>


We have only one passion, the rise of a great Nation.
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interim draft rules pertaining to chapter numbers 3, 4 and 8 of sva, 2014 [1 Attachment]

Subject: interim draft rules pertaining to chapter numbers 3, 4 and 8 of sva, 2014

Regional and National (Non-Local) Press Release dated Tuesday, August 05, 2014 
Siddharthanagar, Mysore-570011, Karnataka
Tuesday, August 05, 2014 at 6:21:34 AM
 
Green/Environmental, RTI, Human Rights and Social Activist
NHRC Complainant of Case File No: 287/10/15/2011 on behalf of SVs of Mysore
KSHRC Complainant of Case File No: 5653/TC-69/11 (B3) on behalf of SVs of Mysore
Mentor of and/or Advisor/Adviser to MDSVA since June 2011

To
Whomsoever it may Concern

Sir / Ma'am,

Subject: Creation of Interim Draft rules pertaining to Chapter Numbers 3, 4 and 8 of SVA, 2014 that have been assigned to Mr. Bhaskar Urs, General Secretary, MDSVA during/in the preliminary meeting conducted by the DMA on 22-July-2014 / 22-07-2014 in Bangalore under the Presidentship/Chairpersonship of DMA, GoK.

Reference: 01) Proceedings/Notings of the meeting dated 24-June-2014 / 24-06-2014.
02) Kannada GO No. Na.Aa.E. 81/MLR 2014 (English GO UDD 81/MLR 2014) dated 14-July-2014 / 14-07-2014.
03) Pau/Ni/UPAMU/Raa/Bee/Kaayide/CR.63/2014-15 dated 17-July-2014 / 17-07-2014.
04) Preliminary Meeting conducted under the Presidentship/Chairpersonship of DMA on 22-July-2014 / 22-07-2014 in the Hall/Auditorium of DMA, 9th Floor, Vishveshwaraiah or VV Towers, Bangalore-560 001, Karnataka.

In response to telephonic request (on/in the evening of Sunday, August 03, 2014) from Mr. Bhaskar Urs, GS, MDSVA w.r.t. the above mentioned subject and reference numbers I have painstakingly drafted the following interim draft rules in good faith for the full and proper implementation of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 both in letter and in spirit in my home State of Karnataka.

Also in response to telephonic requests from Mr. Bhaskar Urs, GS, MDSVA I will be accompanying him to the public meeting that is being conducted by  the DMA in Bangalore on the afternoon of Tuesday, August 05, 2014 / 05-August-2014 / 05-08-2014. He will be submitting these Interim Draft Rules to the DMA in Bangalore during the meeting.

I had to painstakingly start creating these interim draft rules from the evening of Sunday, August 03, 2014 at the last minute from a scratch in a hurry as they had to be submitted urgently to the DMA on Tuesday, August 05, 2014. So I was not able to concentrate much on Chapter 03 except for Section 17. These painstakingly created draft rules may / can / could / might be reproduced either in full or in part by any person / individual / association / organization who/which intends / plans / likes to create an awareness among/amongst the street vendors by distributing / circulating handbills / pamphlets / leaflets / brochures either in English or any other language only after proper citation / reference / attribution / acknowledgment by clearly mentioning / citing / attributing / referring / acknowledging the name of the creator/author (Syed Tanveeruddin) of these interim draft rules and not otherwise.

Abbreviations/Acronyms:
01) SVA, 2014: Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014
02) NHRC: National Human Rights Commission http://nhrc.nic.in/
03) KSHRC: Karnataka State Human Rights Commission http://www.kshrc.kar.nic.in/
04) GoI: Government of India
05) GoK: Government of Karnataka
06) GS: General Secretary/Secy, Mysore District Street Vendors' Association (MDSVA)
07) GO: Government Order
08) DMA: Director/Directorate of Municipal Administration, GoK depending upon the context of its usage
09) LA: Local Authority
10) MDSVA: Mysore District Street Vendors' Association (Affiliated to NASVI)
11) NASVI: National Association of Street Vendors of India http://www.nasvinet.org/
12) TVC: Town Vending Committee
13) KTCP Act, 1961: Karnataka Town and Country Planning Act, 1961
14) SV/SVs: Street Vendor / Street Vendors
15) CoV: Certificate of Vending
16) PP: Public Purpose
17) PPA: Public Purpose Area
18) FS: First Schedule / 1st Schedule of the SVA, 2014
19) SS: Second Schedule / 2nd Schedule of the SVA, 2014
20) RP: Registered Post
21) IPC, 1860: Indian Penal Code, 1860 http://districtcourtallahabad.up.nic.in/articles/IPC.pdf
22) KPA, 1963: Karnataka Police Act, 1963 http://dpal.kar.nic.in/4%20of%201964%20(E).pdf
23) KTCA, 1960: Karnataka Traffic Control Act, 1960 http://dpal.kar.nic.in/pdf_files/18%20of%201960%20(E).pdf
24) KMCA, 1976: Karnataka Municipal Corporations Act, 1976 http://dpal.kar.nic.in/pdf_files/14%20of%201977%20(E).pdf
25) KMA, 1964: Karnataka Municipalities Act, 1964 http://dpal.kar.nic.in/pdf_files/22%20of%201964%20(E).pdf
26) NPSV, 2004: National Policy on Street Vendors, 2004
27) SVAs: Street Vendors' Associations
28) NPSV, 2009: National Policy on Street Vendors, 2009 http://mhupa.gov.in/policies/StreetPolicy09.pdf
29) UDD: Urban Development Department, GoK http://www.uddkar.gov.in/

Section 4 (Relocation and Rehabilitation) of NPSV, 2004
The Section 4 of the NPSV, 2004 rightly states that SVs are most vulnerable to forced eviction and denial of basic right to livelihood. It causes severe long-term hardship, impoverishment and other damage including loss of dignity. Therefore, no SV should be forcefully evicted. They should be relocated with adequate rehabilitation only where the land is needed for a genuine public purpose of urgent need.

Clause (zb) of the SS as per Section 38 (1) of SVA, 2014 w.r.t. principles of relocation are subject to the following:-
(i) relocation should be avoided as far as possible, unless and until there is clear, genuine and urgent need for the land in question in full/total compliance with Karnataka Town and Country Planning Act, 1961;
(ii) affected vendors or their representatives shall be involved in planning and implementation of the rehabilitation project;
(iii) affected vendors shall be relocated so as to improve their livelihoods and standards of living or at least to restore them, in real terms to pre-evicted levels (TVC shall engage in the dialogues with the representatives of the markets. Mutually agreed spot / location / place for relocation should be considered under the implementation of the rehabilitation project.);
(iv) livelihood opportunities created by new infrastructure development projects shall accommodate the displaced vendors so that they can make use of the livelihood opportunities created by the new infrastructure (SVs should be provided space for vending activities in the areas where malls, metros and buildings are being constructed.);
(v) loss of assets shall be avoided and in case of any loss, it shall be compensated promptly/quickly;
(vi) any transfer of title or other interest in land shall not affect the rights of street vendors on such land, and any relocation consequent upon such a transfer shall be done in accordance with the provisions of this Act;
(vii) state machinery shall take comprehensive measures to check and control the practice of forced evictions;
(viii) natural markets where street vendors have conducted business for over fifty years shall be declared as heritage markets, and the street vendors in such markets shall not be relocated. (The municipal/civic body shall prepare a list of such markets and declare them as "Heritage Markets".);
Citation/Reference: Matter/Rules that I have included above with my slight improvisation in good faith inside the brackets of Sub-clauses (iii), (iv) and (viii) has/have been suggested in general by NASVI at the National Level to its affiliated SVAs (including the MDSVA) after its Executive Committee Meeting that was held on July 18 and 19, 2014.
 
Comparison of similarities of Section 4 of NPSV, 2004 with the Clause (zb) of the SS of the SVA, 
2014
Sl
No
Section 4 of NPSV, 2004
Clause (zb) of the SS as per Section 38 (1) of 
the SVA, 2014
Whether Clauses
and Sub-Clauses
complement /
supplement each
other
1
Clause (a): Eviction should
be avoided wherever feasible
unless there is clear and
urgent public need in/for the
land in question.
Sub-Clause (i): relocation should be avoided as
far as possible, unless and until there is clear,
genuine and urgent need for the land in
question in full/total compliance with
Yes
2
Clause (b): Where relocation
is absolutely necessary,
notice of minimum 30 days
should be served to the
concerned vendors.
 
 
3
Clause (c): Affected vendor's
/ representative's
involvement in planning and
implementation of the
rehabilitation project.
Sub-Clause (ii): affected vendors or their
representatives shall be involved in planning
and implementation of the rehabilitation project;
 
Yes
4
Clause (d): Affected vendors
should be assisted in their
efforts to improve their
livelihoods and standards of
living or at least to restore
them, in real terms to pre-
evicted levels.
Sub-Clause (iii): affected vendors shall be
relocated so as to improve their livelihoods and
standards of living or at least to restore them, in
real terms to pre-evicted levels (TVC shall
engage in the dialogues with the
representatives of the markets. Mutually agreed
spot / location / place for relocation should be
considered under the implementation of the
rehabilitation project.);
Yes
5
 
Sub-Clause (iv): livelihood opportunities created
by new infrastructure development projects
shall accommodate the displaced vendors so
that they can make use of the livelihood
opportunities created by the new infrastructure
(SVs should be provided space for vending
activities in the areas where malls, metros and
buildings are being constructed.);
 
6
Clause (e): Loss of assets
should also be necessarily
compensated.
Sub-Clause (v): loss of assets shall be avoided
and in case of any loss, it shall be compensated
promptly/quickly;
Yes
7
 
Sub-Clause (vi) any transfer of title or other
interest in land shall not affect the rights of 
street vendors on such land, and any relocation
consequent upon such a transfer shall be done
in accordance with the provisions of this Act;
 
8
Clause (f): State machinery
must take comprehensive
measures to check and
control the practice of forced
evictions.
Clause (vii): state machinery shall take
comprehensive measures to check and control
the practice of forced evictions;
Yes

Full/Total Conformity/Compliance with the last para of Section 4 of NPSV, 2004
No hawker/SV should be arbitrarily evicted in the name of 'beautification' / conservation of heritage / cleaning up of the cityspace. The beautification and clean up programmes undertaken by the states or towns should actively, fully/comprehensively, democratically and constructively involve SVs in a positive/constructive way as a part of the beautification and/or clean up programme. Such positive/constructive and democratic involvement/participation of SVs in beautification and/or cleaning up programmes will/would also be in full/total compliance/conformity with the last paragraph of the Section 4 (Relocation and Rehabilitation) of the National Policy on Street Vendors, 2004.

Clause (n) of the SS w.r.t. Public purpose for which a SV may be relocated and the manner of relocating SV
The word commuters and roads in Clause (b) of the FS should be replaced/substituted with the word pedestrians and phrase footpaths and roads respectively. Any agenda/plan for genuine and transparent PP should always be in full/total conformity with the Clauses (a), (b) [amended/modified], (c), (d) and [e] of Section 1 of FS, Clauses (a), (b), (d) and (e) of Section 2 of FS, Section 3 of the FS, Karnataka Town and Country Planning Act, 1961 and Pedestrian Centric Footpath/Pedestrian Norms/Guidelines. Public Purpose should always be finalized with the TVC's consent/recommendation.
The following points should be considered during the finalization of the PP:
(1) SVs should be accommodated/adjusted in the same PPA for vending activities.
(2) During the time of construction/development the SVs maybe accommodated/adjusted in a nearby place temporarily.
(3) After the completion of the PP the same SVs may be given space for vending activities in the same PPA as per (2).
Citation/Reference: Matter/Rules that I have included with slight improvisation in good faith in the Sub-clauses (1), (2) and (3) of Clause (n) of the SS has/have been suggested in general by NASVI at the National Level to its affiliated SVAs (including the MDSVA) after NASVI's Executive Committee Meeting that was held on July 18 and 19, 2014.

Clause (g) of the SS w.r.t. Vending Fees
The vending fees as per Section 17 should be according to the category of the SVs (stationary / mobile) and the status / type / category of the market (natural / weekly / heritage / festival / evening / night bazaar / santhe). It may be different for different cities/towns.

Clause (h) of the SS w.r.t. manner of money collection by TVC
Every TVC should/will compulsorily/mandatorily have a bank account with nationalised (public sector) bank/banks. The SV should/will deposit the money himself/herself into that account along with the full / complete name and registration number of the SV. A half-yearly / yearly public audit of the TVC's account will/would be made public on the website of the civic/municipal body bilingually (in English and State Language).

Clause (o) of the SS w.r.t. the manner of evicting a SV
The TVC should bring in/on its agenda and discuss the issue of eviction of SVs at least 6 months prior to the issuance/issuing of 30 days' notice of relocation/eviction, so that a comprehensive and scientific survey can/could be properly conducted to identify an equally ideal vending site for the SVs in the nearest possible spot / location. The 30 days' notice which will/would be in compliance/conformity with Section 18 (3) [Sub-section (3) of Section 18] should be served via registered post prior to eviction in the full name and full address of the SV with the PIN Code.

Clause (p) of the SS w.r.t the manner of giving notice for eviction of a SV
As per Section 18 (3) [Sub-section (3) of Section 18] a SV should be relocated/evicted by the LA from the place specified in the CoV after the expiry of 30 days from the date of receiving the notice by the SV for the relocation/eviction. Therefore the notice of relocation/eviction should be issued/sent via/by registered post in the full name, full address and PIN Code of the SV who is being/getting relocated/evicted.

Clause (q) of the SS w.r.t. the manner of evicting a street vendor physically on failure to evict
As per section 18(4) [Sub-section (4) of Section 18] a SV shall be relocated or evicted by the local authority physically only after he/she had failed to vacate the place specified in the CoV even after the expiry of the 30 days from the date on which the SV had received the notice by RP. As per Section 18(5) [Sub-section (5) of Section 18] every SV who fails to relocate or vacate the place specified in the CoV after the expiry of the 30 days from the date of receipt/receiving the notice by RP shall be liable to pay for every day of such default a penalty which may extend up to Rs.250/- as may be determined by the TVC but shall not be more than the estimated actual value of goods seized.

Clause (r) of the SS w.r.t. the manner of seizure of goods by the local authority, including preparation and issue of list of goods seized;
If the SV fails to vacate the place specified in the CoV after the expiry of 30 days from the date of having received the notice for his/her relocation/eviction given under Section 18(3) [Sub-section (3) of Section 18] the LA in addition to relocating/evicting the SV under Section 18 may if it deems absolutely necessary seize the goods of such SV. Only the authorized designated person from the local authority should carry out seizure of SV's goods as per Section 19(1) [Sub-section (1) of Section 19]. He/She (authorized person) should promptly prepare a list of goods seized from the SV. He/She should also duly sign and promptly issue a certified copy of the list of seized goods (list of goods seized) to the SV.

Clause (s) of the SS w.r.t. the manner of reclaiming seized goods by the street vendors and the fees for the same;
As per Section 19(2) [Sub-section (2) of Section 19] the SV whose goods have been seized under Section 19(1) [Sub-section (1) of Section 19] may, reclaim his goods and after paying fees. In case of non-perishable goods the LA shall release the goods within two/02 working days of the claim being made by the SV and in case of perishable goods the LA shall release the goods on the same day of the claim being made by the SV. The fees to be paid by the SV for reclaiming the goods should not exceed the fractional/percentage amount of the total goods of the vendor. In case of vending without having/possessing CoV then the charge/fee should not exceed 200/- for reclaiming seized goods depending upon the type/category of the vending activity and type/category of the market.

Section 27 of the SVA, 2014 w.r.t Prevention of harassment by police and other authorities
Notwithstanding anything contained in any other law for the time being in force, no SV who carries on the street vending activities in accordance with the terms and conditions of his/her CoV shall be prevented from exercising such rights by any person or police or any other authority exercising powers under any other law for the time being in force which fully/comprehensively includes without limitation the Indian Penal Code, 1860 (IPC, 1860), Karnataka Police Act, 1963, (KPA, 1963), Karnataka Traffic Control Act, 1960 (KTCA, 1960), Karnataka Municipal Corporations Act, 1976 (KMCA, 1976), Karnataka Municipalities Act, 1964 (KMA, 1964) and any other law / rule / act.

The SVA, Act 2014 is supreme or prevalent over other existing laws / acts in the context of street vending.

The Section 6 (Municipal and Police Laws-Required Interventions) of the NSVP, 2004 rightly states/recommends that the Municipal and Police Laws of the respective states including Karnataka require immediate amendments. This recommendation of the NSVP, 2004 should be implemented in full.

The Section 6.1 of the NSVP, 2004 clearly states that there are certain sections of the State Police Acts and Indian Penal Code (Section 283 IPC and Section 431 IPC) which are the main deterrents to the profession of street vending. These two provisions unfortunately create the contradiction between a legal 'registered' vendor and 'illegal' obstruction or causing nuisance resulting in an unfortunate physical eviction of even registered vendors. In Karnataka some ambiguous Clauses like (c), (d), (g), (h) and Sub-clauses (i) and (ii) of Clause (f) of Section 92 (Punishment of certain street offences and nuisance) of the Karnataka Police Act, 1963 http://dpal.kar.nic.in/4%20of%201964%20(E).pdf should be amended by adding/including a rider "Except in case of street vendors / hawkers and service providers with certain reasonable regulations".

The Section 6.2 of the NSVP, 2004 rightly recommends that all States should amend the Police Act Rules/Regulations thereunder and add/include a rider as follows: "Except in case of street vendors / hawkers and service providers with certain reasonable regulations".

The Section 6.3 of the NSVP, 2004 rightly recommends that the Central Government should also amend the Section 283 and Section 431 of IPC and include/add the rider as mentioned above.

The Section 6.4 of the NSVP, 2004 rightly recommends that the state governments should also remove the restrictive provisions in the Municipal Acts to make street vendors inclusive in the city plan/ cityscape.

Therefore the Government of Karnataka (GoK) should also implement all the recommendations made in the Sections 6, 6.2 and 6.4 of the NSVP, 2004 for the full and proper implementation of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014  both in letter and in spirit.

The Sections 288B (Prohibition of deposit etc., of things in public street) and 288D (Commissioner may without notice remove encroachment) of the KMC Act, 1976 should be amended by adding/including a rider "Except in case of street vendors / hawkers and service providers with certain reasonable regulations". A separate alphanumeric Section 288 (Registration and Certificate of Vending for sale in public place) needs to be included in the KMC Act, 1976.

Suggested Alphanumeric Section 288 of the KMC Act, 1976
Registration and Certificate of Vending for sale in public places.- Except under and in conformity with the terms and provisions of a Certificate of Vending granted by the Municipal/Corporation Commissioner in this behalf in consultation with the Town Vending Committee (TVC), no person shall hawk or expose for sale in any public place or in any public street any article whatsoever whether it be for human consumption or not.

The seemingly relevant clauses and sub-clauses of the Section 92 (Punishment of certain street offences and nuisance) of the Karnataka Police Act, 1963 which are the main deterrents to the profession of street vending have been reproduced below in the last page for reference.

The above mentioned Interim Draft Rules that I have created pertaining to Chapter Numbers 3, 4 and 8 of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 have been sent to all the related / concerned government agencies / bodies / authorities at the Mysore City, Karnataka State and National Level. They have also been sent to NASVI (National Association of Street Vendors of India) for information.

Yours faithfully,
Syed Tanveeruddin, Green/Environmental, RTI, Human Rights and Social Activist, Mysore
(Mentor of and/or Advisor/Adviser to MDSVA since June 2011)
Section 92. Punishment of certain street offences and nuisance.-(1) In any local area to which the Government by notification in the official Gazette from time to time extends this sub-section or any clause thereof, whoever, contrary thereto,-
(c) leaves in any street insufficiently tended or secured any animal or vehicle;
(d) causes obstruction, injury, danger or alarm in any street, or mischief, by any misbehavior, negligence or ill-usage in the driving, management or care of any animal or vehicle, or drives any vehicle or animal laden with timber, poles or other unwieldy articles through a street, contrary to any regulation made in that behalf and published by a competent authority;
(f) (i) causes obstruction in any street by allowing any animal or vehicle which has to be loaded or unloaded or has to take up or set down passengers, to remain or stand therein longer than may be necessary for such purpose; or by leaving any vehicle standing or by fastening any cattle therein, or using any part of a street as a halting place for vehicles or cattle, or by leaving any box, bale, package or other thing whatsoever in or upon a street for an unreasonable length of time;
(ii) or causes obstruction by exposing anything for sale or setting out anything for sale or upon any stall, booth, board, cask, basket or in any other way whatsoever contrary to any regulation made and published by the Commissioner, or a District Magistrate;
(g) causes obstruction on any foot-way, or drives, rides or leaves any animal or drives, drags or pushes any vehicle thereupon;
(h) exhibits, contrary to any regulation made and notified by the Commissioner or a District Magistrate, as the case may be, any mimetic, musical or other performances of a nature to attract crowds or carries or places bulky advertisements, pictures, figures, or emblems in any street whereby an obstruction to passengers or annoyance to the inhabitants may be occasioned; shall be punished with fine which may extend to one hundred rupees, provided that imprisonment in default of payment of such fine shall not exceed eight days notwithstanding anything in section 67 of the Indian Penal Code.
1[(2) (a) The provisions of sub-section (1) or any clause or clauses thereof may be extended by the State Government by notification,—
(i) to such local area as may be specified in such notification; or
(ii) to such local area for such period as may be specified in such notification.
(b) The State Government may at any time rescind any notification issued under sub-clause (i) or sub-clause (ii) of clause (a): Provided that the issue of a notification under this clause shall not preclude the issue of notification from time to time under sub-clause (i) or sub-clause (ii) of clause (a) in respect of the same local area.]1






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Attachment(s) from Syed Tanveeruddin emailindian1-/E1597aS9LQxFYw1CcD5bw@public.gmane.org [bharatudaymission] | View attachments on the web

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Posted by: Syed Tanveeruddin <emailindian1-/E1597aS9LQxFYw1CcD5bw@public.gmane.org>


We have only one passion, the rise of a great Nation.
www.bharatudaymission.in




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Going to Pune in support of RTI martyr Satish Shetty

Dear friends,

RTI actrivist Satish Shetty was murdered in 2010 while fighting single-handedly against a huge corruption. He had registered FIR against big infrastructure firm IRB Infra. The investigation went to CBI.

His family members were in my contact all through. They say that previously CBI said in Bombay HC that this FIR led to his murder and now is closing the murder case. They are telling some grave accusations which can be clarified only after meeting.

Hence going to Pune thru Mumbai to stand by the family. Shall reach Pune at 5-6 PM. I am completely with the RTI martyr's family in this case. Need all ur kind support in this cause of justice

My no shall be  094155-34526

Amitabh Thakur
#094155-34526



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Posted by: Amitabh Thakur <amitabhth-/E1597aS9LQAvxtiuMwx3w@public.gmane.org>


We have only one passion, the rise of a great Nation.
www.bharatudaymission.in




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(unknown)

Friends,

I present an important link from my wife Nutan's blog as regards an alleged incidence of sexual harassment of a woman constable and its present status, for ur kind perusal and reactions, if any



 
Amitabh Thakur
# 094155-34526


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Posted by: Amitabh Thakur <amitabhth-/E1597aS9LQAvxtiuMwx3w@public.gmane.org>


We have only one passion, the rise of a great Nation.
www.bharatudaymission.in




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Nutan's experience before Lucknow Police

Nutan's experience before Lucknow Police

Wife Nutan today got to have a close look she went to the Hazratganj police station to get an FIR of mine registered there.

I along with Ashutosh Pandey have been in touch with a white-collar gang whose members claiming themselves as officers of Insurance Regulatory and Development Board (IRDA) contact persons all over India assuring them of ameliorating their insurance related problems. During this contact, they get money from these people in different ways and also procure important documents like PAN Card, Bank Account number etc, as they attempted with us as well.

We got deep into the matter and obtained the phone numbers, Delhi based address and details of the Lucknow contact of this gang and presented an FIR to Hazratganj police station which was taken there by Nutan.

There the Inspector refused to meet her in name of some meeting and directed her to SI Shyam Chandra Tripathi and Ajay Kumar Dwivedi. These two sub inspector kept Nutan sitting for long and asked many irrelevant questions in the process. When she provided reasonable answers to all these queries and requested to get the FIR registered, they talked with her in a highly derogatory manner as if she was seeking some illegal favour, while she was only asking for a legal right. They straight-away refused to register the FIR. Even her request to receive the application was blatantly refused by them saying that they do not just receive any application brought before them. Even the Hazratganj Inspector did not interfere despite being contacted.

Nutan has written to SSP Lucknow not only to get the FIR registered but also to get the matter enquired and take strong disciplinary action against these sub inspectors as per the enquiry report. Being a social activist who never tries to use her position as wife of a senior IPS officer, Nutan takes such bad episode in right earnest but such events are certainly not good for the police perception.

Two things definitely emerge from this episode-
1. The Police needs to come up with a uniform policy about registering FIRs and shall follow it in each case
2. There is a great need to focus on the behavioral aspect of police because bad behaviour further hurts its already poor public image

Amitabh Thakur
# 094155-34526


 



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Posted by: Amitabh Thakur <amitabhth-/E1597aS9LQAvxtiuMwx3w@public.gmane.org>


We have only one passion, the rise of a great Nation.
www.bharatudaymission.in




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Gmane