Airlines industry salaries to shoot up

The promise by Jet Airways last month, to restore staff salaries that were slashed during the downturn in 2008, is possibly the first sign that things are looking up in the airlines industry . With Indian carriers expanding operations and scouting the market for pilots, cabin crew and ground staff, watchers say a 25-30% hike in pay from the current levels, may be in the air.




“There is recovery in the sector, and we see a jump in salaries of about 25-30% from the current base levels,” says Kamal Karanth, MD of the global staffing company Kelly Services India. Moreover, ancillary airlines businesses are also likely to throw up many new job opportunities relating to the maintenance, repair and overhaul of aircraft.



After two years in a slump, the numbers are finally stacking up for Indian aviation. Airlines flew 520.21 lakh passengers last year — up 18.7% from 2009. This year, they are tipped to exhibit a 20% growth. This will translate into airlines hiring between 4,500-5,000 staffers across categories this year as they add 20% to their carrying capacity.



Government estimates suggest that on an average, every carrier in India will also add 30-40 aircraft per year over the next seven or eight years to its existing fleet, thereby creating more positions in terms of cabin crew and ground staff.



Airlines are trying to restore salaries to 2008 levels. “Since business is now generating cash, we need to put pressure on managements to restore salaries,” says a senior Jet Airways pilot. “While it will take time for this to happen, the salaries of new hires and expats have gone through the roof.”



Adds Rahul Goyal, president of HR consulting firm MaFoi Randstad: “There will be a 30-40% jump in the salaries of ground operators. Pilots will get the top slot in salaries.”



Even so, pilots will not have reason to cheer. With a dearth of senior Indian commanders, airlines, in a hurry to staff are looking at expatriate pilots. They don’t come cheap; on an average, they make one-and-a-half times more than a senior Indian commander with a private airlines, who gets Rs 5.5 lakh per month. With more foreigners willing to join Indian carriers, airlines are now spoilt for choice.



This, despite Naresh Goyal of Jet Airways warning, recently: “We cannot expand irrationally as we are also aware of the current market scenario for pilots. They are scarce.”



This blatant preference creates discontent among Indian commanders, as was demonstrated in 2009 when Jet Airways pilots formed a union (it was later de-notified) to protest the salary discrimination.



In fact, as many as 4,000 licence-holding, commercial pilots have been ‘benched’, thanks to expats. “It’s not just expats who get paid more, but airlines are also poaching pilots from competitors by paying double their existing salary,” says a pilot with a leading private airliner. “Freshers with a commercial pilot’s licence, who get an average salary of about Rs 1.5 lakh per month, were brought over for double that amount by Jet recently, which was looking to tap the growing market.”



Even the Gurgaon-based low-cost carrier IndiGo, sources say, pays 5% more than the industry average, and has emerged as one of the better paymasters.



Airlines are now looking to project themselves as good employers. “We can see two clear trends in the sector,” says Karanth.



“First, there is a lot of re-hiring of staff who were sacked during the downturn. And second, airlines are consciously trying to position themselves as employee-friendly. Carriers like IndiGo have initiated programmes for staff that adopt the best business practices in the sector.”



A major push for recruitment will come from the maintenance, repair and overhaul business (MRO). International firms in the MRO business have announced plans to open shop in India in the coming years, along with aircraft manufacturers like Boeing.



Airlines like Jet, too, have expressed interest in this growing business, while Air India has spun off a separate unit to investigate the potential in this area. “We expect MRO services to create over a lakh jobs in the next two to three years,” says Mr Goyal of Jet.

The GDP Growth

GDP Growth





Economic growth is the increase in value of the goods and services produced by an economy. It is conventionally measured as the percent rate of increase in real gross domestic product, or GDP. Growth is usually calculated in real terms, i.e. inflation-adjusted terms, in order to net out the effect of inflation on the price of the goods and services produced. In economics, "economic growth" or "economic growth theory" typically refers to growth of potential output, i.e., production at "full employment," which is caused by growth in aggregate demand or observed output.As economic growth is measured as the annual percent change of National Income it has all the advantages and drawbacks of that level variable. But people tend to attach a particular value to the annual percentage change, perhaps since it tells them what happens to their pay check.



The real GDP per capita of an economy is often used as an indicator of the average standard of living of individuals in that country, and economic growth is therefore often seen as indicating an increase in the average standard of living.However, there are some problems in using growth in GDP per capita to measure general well being.GDP per capita does not provide any information relevant to the distribution of income in a country. GDP per capita does not take into account negative externalities from pollution consequent to economic growth. Thus, the amount of growth may be overstated once we take pollution into account. GDP per capita does not take into account positive externalities that may result from services such as education and health. GDP per capita excludes the value of all the activities that take place outside of the market place (such as cost-free leisure activities like hiking).



Economists are well aware of these deficiencies in GDP, thus, it should always be viewed merely as an indicator and not an absolute scale. Economists have developed mathematical tools to measure inequality, such as the Gini Coefficient. There are also alternate ways of measurement that consider the negative externalities that may result from pollution and resource depletion (see Green Gross Domestic Product.)The flaws of GDP may be important when studying public policy, however, for the purposes of economic growth in the long run it tends to be a very good indicator. There is no other indicator in economics which is as universal or as widely accepted as the GDP.Economic growth is exponential, where the exponent is determined by the PPP annual GDP growth rate. Thus, the differences in the annual growth from country A to country B will multiply up over the years. For example, a growth rate of 5% seems similar to 3%, but over two decades, the first economy would have grown by 165%, the second only by 80% (source: wikipedia).

India’s most successful captain

In my openion Saurav Ganguly will be the most talked about palyer in the history of world cricket , ofcourse for his dynamic way of leadership.

India’s most successful captain — the man who single-handedly galvanised a bunch of talented players into a winning side — won’t play again. The God on the off-side has announced his retirement from competitive cricket. Sourav Ganguly made this announcement during an exclusive interview with Headlines Today.




Breaking his silence on the IPL controversy, he said, he was playing Ranji only to stay fit for the league. And he doesn’t see any possibility of playing IPL again. So he’s hanging up his boots.



Speaking to Headlines Today, he said: “I have already retired from international cricket. I was playing Ranji cricket only to stay fit for IPL. I see no possibility of playing IPL any more. And now I don’t see any point in playing competitive cricket again.”



But he expressed disappointment at not finding a place in 10 IPL teams in which 70 Indians were selected. “I had the runs. Players of my age, Gilchrist, Dravid and Laxman are still actively involved. I haven’t been able to put the finger on why I was left out.



Cricketing logic and past form suggests I should have been picked. There are several reasons I could have been dropped, but not for cricket.”



So there will be no resurrection for the man, who like a phoenix has sprung surprises every time people thought his innings was over.



But Ganguly doesn’t feel betrayed by Shah Rukh Khan.



“SRK spoke to me about a possible role as KKR mentor. I don’t think KKR needs a mentor. I see no role there. The team already has enough expertise in Whatmore and Akram. I wanted to play and not mentor the team. I didn’t see myself in the sort of a role Kumble has chosen.”



To put it more succinctly, he said: “We are in a profession, where we get selected. Opinions differ. But I thought I deserved a place.”



But such is his love for the Kolkata outfit that he was disappointed over how the team has been handled, especially over the past two seasons. “I agree KKR didn’t do well. We had the acumen to deliver, but suffered a confidence problem. I felt there was panic every time we lost. There was panic among the owners, panic among the players.



But you need continuity in a team to deliver like Chennai Super Kings and Mumbai Indians. When we don’t win three seasons in a row, there’s an opportunity to rebuild. I understand KKR felt they deserved better and they need to go into the later stages of the game.”



His passion for the game won’t die. His IPL dream flickered when Kochi wanted him after the auctions. But the franchises put a spanner in the works. And Ganguly was left in the cold again.



“I was very disappointed when the franchises stalled the repurchase. The rules of the IPL have been changed in the past. Every rule in sport should give an opportunity to play, not keep them out. Whether it’s Sourav Ganguly today or some other player sometime.”



Ganguly junked the theory floated by some franchises that he brings baggage with him and indulges in politics. “I have played cricket, 5 years as captain and 8 years under different skippers. I have helped in building what Team India is today. And this doesn’t come by playing politics.”



And the man who along with Sachin was part of one of the most destructive opening pairs in history won’t swing the willow again. Rather, he will still be part of the game, but not on the field. “I am mentally preparing myself for an administrator’s role at some stage. I would love to be part of the Cricket Association of Bengal at some point of my life. I also would love to coach the Indian cricket team as well.”



Cricket Association of Bengal is home turf. But the Bengal Tiger could also eye the chair of the Indian Cricket Board. Nothing is impossible for the unputdownable Dada.

THE REAL GROWTH IN AN ECONOMY

As every economist knows, the modern era is the era of economic growth. In the past



two centuries, measures of output per capita have increased dramatically and in a sustained


manner, in a way they had never done before. It seems by now a consensus to term


the start of this phenomenon “the Industrial Revolution”, although it is somewhat in dispute


what precisely is meant by that term. In the past two decades an


enormous literature has emerged to explain this phenomenon. A large number of “deep”


questions have emerged which this literature has tried to answer. Below I list the most


pertinent of these questions and in the subsequent pages, I shall make an attempt to


answer them.


**What explains the location of the Industrial Revolution (in Europe as opposed to


the rest of the world, in Britain as opposed to the rest of Europe, in certain regions


of Britain as opposed to others).What role did geography play in determining the


main parameters of the Industrial Revolution?


**What explains the timing of the Industrial Revolution in the last third of the eighteenth


century (though the full swing of economic growth did not really start until


after 1815)? Could it have started in the middle ages or in classical antiquity?


** Is sustained economic growth and continuous change the “normal” state of the


economy, unless it is blocked by specific “barriers to riches” or is the stationary


state the normal condition, and the experience of the past 200 years is truly a


revolutionary regime change?


** What was the role of technology in the origins of the Industrial Revolution and


the subsequent evolution of the more dynamic economies in which rapid growth


became the norm?

**. What was the relation between demographic behavior (and specifically the fall in


mortality after 1750 and the subsequent decline in fertility and shift toward fewer


but higher-quality children) in bringing about and sustaining modern economic


growth?


** What was the role of institutions (in the widest sense of the word) in bringing


about modern economic growth, and to what extent can we separate it from other


factors such as technology and factor accumulation?


** To what extent is modern growth due to “culture”, that is, intellectual factors regarding


beliefs, attitudes, and preferences? Does culture normally adapt to the economic environment, or can one discern autonomous cultural changes that



shaped the economy?


** Did the “Great Divergence” really start only in the eighteenth century, and until


then the economic performance and potential of occident and the orient were


comparable, or can signs of the divergence be dated to the renaissance or even


the middle ages?


** Was the Industrial Revolution “inevitable” in the sense that the economies a thousand


years earlier already contained the seeds of modern economic growth that


inexorably had to sprout and bring it about?


** What was the exact role of human capital, through formal education or other
forms, in bringing about modern economic growth?

The Egyptian Civilization : Indian Origin

The ancient Egyptians in their writings described that they had come "from the South", a land which was reached by crossing the sea and which they called "Punt". Some have said "Punt" refers to ancient Somalia but this cannot be for various reasons among them being the fact that the description of the animals and plants given by the ancient Egyptians as being native to the land of Punt match only with that of the southwestern coast of India (known as Malabar). There is, in fact, considerable archaeological and anthropological evidence that ancient India was the source of ancient Egyptian civilization. The ancient black Indians, known as "Dravidians", (who in ancient times were also known by the Greeks and Egyptians as "Ethiopians") built and laid out ancient Egyptian civilization and, no doubt, in the process also mixed with their black brethren in Africa. The ancient Egyptians, themselves, admitted in their writings that they received their civilization and culture from the Ethiopians, another black "race".


In ancient times there were known to be two types of Ethiopians, Western Ethiopians, in Africa, (who were black with wooly hair and fine features) and their brethren, the Eastern Ethiopians, of India, who also were black with fine features but possessed straight hair. Both Western and Eastern Ethiopians were descended from the biblical Cush, one of the sons of Ham. An excellent website offering substantial scholarship and historical documentation and evidence that ancient India was the source of Egypt's ancient culture and civilization is "India and Egypt" (http://www.hinduwisdom.info/India_and_Egypt.htm).



Before the Aryans (a Caucasian race who were barbaric and illiterate) invaded India, India was composed mainly of various black "races" (the Dravidians, the Veddoids, also known as Australoids, and the Negrito proples) who built the ancient Indus Valley civilization, one of the world's four earliest cradles of civilization. Today, the majority of India's population is a mixture of both Indo-Aryan and Dravidian with pure Aryans mainly in the extreme North and pure Dravidians mainly in the extreme South. The Veddoids mainly live in the hill regions of India and the Negritos mainly live off coast in the Andaman and Nicobar islands.



India contributed tremendously to Western civilization. Many don't realize that Western mathematics originated in India. The so-called "Arabic" numerals were borrowed by the Arabs from the Indians. Because the Europeans borrowed their mathematics from the Arabs they became known as Arabic numerals, but they originated in India. Without the decimal system that India created and which was borrowed by the West, via the Arabs, Western science and technology would not have been possible. The ancient Roman numerals would not have sufficed. The Arabs borrowed much of their sciences and mathematics from India and transmitted them to the West. More and more textbooks on mathematics now are mentioning India as the original source of Western mathematics.



Today Egypt is referred to as an Arab nation, but this is only because the Arabs conquered Egypt centuries ago and imposed upon the original people their Arab language, culture and Moslem religion. Many modern Egyptians of today are really the descendants of Arab, Persian, Greek, and other non-African peoples that entered into Egypt over the many centuries. The ancient or original Egyptians, however, were of African or Black (Negroid) descent, and this is still mostly true of the bulk of Egypt's rural population, especially in the south. Long before the Arabs invaded and conquered Egypt the famous and ancient Greek historian Herodotus (who is known as the Father of History) visited Egypt and wrote concerning the Egyptians: "They have burnt skin, flat noses, thick lips, and wooly hair" (Herodotus, Book II, p. 100, translated by George Rawlinson, New York: Tudor, 1928). Readers may wish to obtain the book "Return To Glory" (http://truthcentric.com/). The book, written by white author and professional speaker Joel F. Freeman, discusses the historical and archaeological evidences for ancient black Egyptian civilization.



It is often asked how all the varieties of humans could have descended Adam and Eve and, particularly, from Noah's three sons Ham, Shem, and Japheth. Obviously, Noah and his three sons Ham, Shem, and Japheth each carried the genes for producing several races since ultimately all the races of mankind had descended from them. Genetically, it was possible for Noah and his three sons to carry the genes for producing different races just as it is genetically possible today, for example, for a person of European origin to carry genes for producing children with different color hair. The principle is the same. Although you and I today may not possess genes for producing different races of people, Noah and his three sons Ham, Shem, and Japheth did possess such genes.



Contrary to popular belief by some, black skin is not a curse. Ham (which means "black") was given that name by his father Noah before there was any curse pronounced by Noah. Furthermore, Noah had never cursed Ham himself but, rather, Ham's son Canaan. And even that curse wasn't eternal or perpetual because the Bible tells us that a curse lasts for only a few generations. A more comprehensive treatment of this subject may be found in my article "Negro Slavery and The Myth of Ham's Curse" at www.religionscience.com.



Black skin protects from the harmful effects of ultraviolet light. In fact, all human skin color is brown. The skin pigment that gives color to all skin is melanin which is brown. Whites have the least amount of melanin in their skin and that's why they appear "white". Only albinos (those born with no melanin because of genetic defect and mutation) are purely white and in most danger from harmful effects of the Sun's rays. Instead of black skin being a "curse" it is a healthful blessing for those living in year round hot climates.



We are all from the same parents, created equally in God's image, and in Christ equally His children and whatever we possess and whatever good and progress any in the human race have done or accomplished is by the Creator's undeserving free grace, for His rightful glory and for our benefit and the benefit of others.

Indian Business Environment - PRESENT & FUTURE

Generalizing India's market
 is a difficult task as it is a country with so much variety. It is an impressive market with respect to the population, but whether the huge population base is enough to make it a good market is more difficult to ascertain.


When discussing markets it is important to analyse whether India fulfils all the conditions of an international market. In simple terms a market is a place where the buyer and seller meet irrespective of whether they are able to crack a deal. But in order to be a successful market the deals should be closed and beneficial to both parties. Bringing the buyer and seller to a common platform is not an easy task. In order to be a successful market the following features should be present:

o Suitable Business Environment/Climate

o Political stability

o Availability of buyers

o Regulatory framework

o Infrastructure developments

1. Indian business environment and climate

India is traditionally a mixed economy. Many of the important sectors, especially the infrastructure and industrial sectors, were in the hands of the government with other sectors existing in the private sector. Since the liberalization of the economy in 1991, India has really understood the importance of global players and the relevant growth effects on the local suppliers and customers of India.

The government previously had considerable control over the private sector through licensing for additional manufacturing, import of capital goods, raw materials and technology. After liberalization, things have changed, and government has altered the process for many licensing activities and in some cases the licensing system was abolished completely.

These economic reforms have changed the business environment in India and a new spirit of economic freedom is in the process of bringing change. Regular economic reforms are aimed to deregulate the country and stimulate foreign investment.

The overall environment is improving but it needs speeding up in order to attract more foreign investment and maintain a high growth rate.

2. Political stability

India is the world's largest democracy. It has been a long journey for Indian politics and it has changed a lot in comparison to the early years. India has not seen a single-party government since 1989. This suggests political instability, but over the past 20 years the transformation of Indian politics from a stable single-party government to a stable coalition government has given some confidence to the international market, with the last two coalition governments completing full terms and successfully taking economic reforms ahead.

3. Availability of buyers

The most important factor for a successful market is that it should have buyers who are willing to purchase. This plays the most important role in making India an attractive market. India has a huge and varied customer base which is the second largest in the world in terms of population. India's multicultural environment makes it a complicated market, which makes it harder to understand and predict the behaviour of the buyer. In terms of population, however, we can be sure that the potential exists for various types of consumer goods, and many foreign companies have been successful in establishing a presence in India.

India's population gives scope to all other sectors such as education, pharmaceutical, agriculture and various other industries. It is also one of the world's fastest-growing economies, meaning opportunities exist in various other heavy industries such as shipping, bulk machinery, refineries, infrastructure and real estate, etc.

With education levels increasing and sustained economic development, India promises to provide numerous opportunities for foreign investment.

4. Regulatory framework

A market must be well regulated in order to develop and maximize its reach. In India, the markets are generally regulated by supply and demand of goods, but at the same time government is regularly involved in regulating the market and taking efforts to ensure the market doesn't suffer.

For the foreign investor there are many regulations in place. This creates some obstacles to investment. However, the Indian Government is regularly reviewing them and amendments are constantly being made in line with market requirements. Proper care is also being taken with the domestic market to ensure the local business community is not affected.

The regulatory framework in India is very complicated and time-consuming, and foreign investors are generally not satisfied with the various registrations and formalities involved in setting up a business. As investment generally comes from the developed nations, where the regulatory framework is simple and strong, investors can feel that India's regulatory framework needs a lot of improvement.

There are various laws and regulations involved for industries being set up in India. Furthermore, it can take considerable time to get approval from government organizations. Important regulations applicable to setting up in India are:

o company registration

o permanent account number

o tax deduction number

o state VAT registration

o central VAT registration

o central excise registration

o professional tax registration - differs from state to state

o shop and establishment registration

o provident fund registration

o pollution control certificate

o employee state insurance certificate

Besides the above registration there are certain regulations and certificates required depending on the industry to be established. Companies must also regularly comply with various other monthly, quarterly and annual forms with various government departments.

The above regulations make the regulatory framework more complicated. However, the government is regularly working towards improvement of this framework which will help to boost investor confidence. Recently, the government has brought about significant reforms:

o online registration of companies

o online payment of taxes

o online completion of TDS return

o online completion of income tax return

o online payment of services tax

o online completion of sales tax returns

Hence the government is working towards streamlining the framework in future.

5. Infrastructure developments

In the development process of a country the most important factor is to have strong infrastructure development. Infrastructure includes the development of the airport, railway, power, telecommunications, ports, bridges, highways and dams. India has always been on the weak side in respect of the infrastructure development process. Over the last decade, great efforts have been taken to develop these infrastructures, and there has been a significant boom in the infrastructure and real estate sectors.

There are many projects still taking place in the infrastructure sector which will change the face of Indian infrastructure. Unfortunately, execution of projects is still slow, but looking at the current reforms and development processes it looks like India will be very sound in relation to infrastructure availability.

Future outlook

The Indian economy continues to grow, with reforms being regularly implemented. In the last decade, the government has focused on the reform process and infrastructure development. As such, the Indian market is impressive, and future development will only make it stronger. Looking at the future of India, it will continue and progress as a favoured destination for the international business community.

Fascism

                     Definitions of fascism

Fascism



Core tenets[show]Nationalism · Authoritarianism · Single party state · Dictatorship · Social Darwinism · Social interventionism · Indoctrination · Propaganda · Anti-intellectualism · Eugenics · Heroism · Militarism · Economic interventionism · Anti-communism

Topics[show]Definitions · Economics · Fascism and ideology · Fascism worldwide · Symbolism

Ideas[show]Class collaboration · Corporatism · Futurism · Heroic capitalism · National Socialism · National syndicalism · Populism · Self-sufficiency · State capitalism · State socialism · Statism · Supercapitalism · Totalitarianism · Yellow socialism

Movements[show]Arrow Cross Party · Austrofascism · Brazilian Integralism · British Union of Fascists · Falange · Iron Guard · Italian Fascism · Japanese fascism · Nazism · Rexism · Ustaše · Revisionist Maximalism

Para-Fascist:

Austrofascism · Estado Novo (Portugal) · 4th of August Regime · Francoist Spain · Imperial Rule Assistance Organization · Japanese statism · Baathism · Independent State of Croatia · Slovak State · Tacuara Nationalist Movement ·

People[show] Corneliu Zelea Codreanu

Heinrich Himmler

Adolf Hitler

Ikki Kita

Benito Mussolini

Giovanni Gentile

Ante Pavelić

Konstantin Rodzaevsky

Plínio Salgado



Works[show]The Doctrine of Fascism · Fascist manifesto · Mein Kampf · The Myth of the Twentieth Century · Zaveshchanie russkogo fashista

Organizations[show]Axis powers · Black Brigades · Blackshirts · Blueshirts · Blue Shirt Society · Redshirts · Fascist International · Grand Council of Fascism · Greenshirts · Italian Nationalist Association · Schutzstaffel · Sturmabteilung

History[show]Fascio · March on Rome · Beer Hall Putsch · Acerbo Law · Aventine Secession · Fascist Italy · Nazi Germany · March of the Iron Will · Congress of Verona · Italian Social Republic

Lists[show]Anti-fascists · British fascists · Fascists by country · Nazi ideologues

Related topics[show]Anti-fascism · Clerical fascism · Cryptofascism · Ecofascism · European fascist ideologies · Fascist (epithet) · Hitler salute · Left-wing fascism · Neo-Fascism · Quadrumvirs · Racism · Roman salute · Social fascism · Palingenetic ultranationalism







What constitutes a definition of fascism and fascist governments is a highly disputed subject that has proved complicated and contentious. Historians, political scientists, and other scholars have engaged in long and furious debates concerning the exact nature of fascism and its core tenets.



Most scholars agree that a "fascist regime" is foremost an authoritarian form of government, although not all authoritarian regimes are fascist. Authoritarianism is thus a defining characteristic, but most scholars will say that more distinguishing traits are needed to make an authoritarian regime fascist.



Similarly, fascism as an ideology is also hard to define. Originally, "fascism" referred to a political movement that was linked with Sindicalist-Corporativism that existed in a single country (Italy) for less than 30 years and ruled the country from 1922 to 1943 under the leadership of Benito Mussolini. Clearly, if the definition is restricted to the original Italian Fascism, then "fascism" has little significance outside of Italian politics. Most scholars prefer to use the word "fascism" in a more general sense, to refer to an ideology (or group of ideologies) that was influential in many countries at many different times. For this purpose, they have sought to identify a "fascist minimum" - that is, the minimum conditions that a certain political group must meet in order to be considered fascist. Several scholars have inspected the apocalyptic, millennial and millenarian aspects of fascism.According to most scholars of fascism, there are both left and right influences on fascism as a social movement, and fascism, especially once in power, has historically attacked communism, conservatism and parliamentary liberalism, attracting support primarily from the "far right" or "extreme right."

INDO-NEPAL via CHINA ?

                                    INDO-NEPAL via CHINA ?
The Chinese clamour over Arunachal Pradesh has raised many eyebrows in India. Even as the meeting between Prime Minister Manmohan Singh and Chinese Premier Wen Jiabao in Thailand on Saturday was being looked at as an effort to cool down the tension between the neighbouring countries, the Dragon nation has opened another anti-India front. This time in Nepal.



Silently but speedily China is spreading its wings in the erstwhile Hindu kingdom, mainly to unleash anti-India propaganda. Besides acquiring some major construction projects in Nepal, the Chinese are also making their presence felt by opening language centres in Nepali cities on the Indo-Nepal border. These centres are teaching Chinese language. But, what raises suspicions on Chinese intentions is the fact that these centres are open only for Nepali citizens.



The surge in Chinese activities in the neighbour country is a matter of concern for India which is already fighting terrorism being pushed into the country from Pakistan. It's a known fact that China often uses Nepal as a buffer state against India. After the Indo-China war of 1962, the Dragon country has made constant efforts to increase its influence in Nepal. Though it did not succeed much till Nepal was under the rule of monarchy, the fall of monarchy and growing Maoist grip over Nepal has given a fillip to Chinese plans.



A clear indicator of this is the construction of Sikta barrage in Agaiya village of Banke district (Nepal). Its construction was delayed for almost three decades owing to Indian protest. But, once Maoists held sway over the Nepali government, the construction was given a go-ahead in 2006. Moreover, the contract for the project was given to Chinese firm — Sinehydro. In fact, a team of 40 Chinese engineers is engaged in the construction of the Sikta barrage in Agaiya district of Nepal. The district touches the Indian district of Shravasti. The distance from Indian border to the barrage is barely 14 kilometres. The possibility of Chinese infiltration in important zones of war on Indian border areas due to the presence of Chinese engineers cannot be ruled out.



Also, after the completion of the barrage the flow of river Rapti towards India will be diverted towards Nepal which will create acute water shortage in Indian area. Efforts have also been started to divert the flow of rivers flowing towards Indian area from Parchu lake located in Chinese area adjoining the state which may lead to floods in the borders districts of India during monsoon.



Not only this, if the and Sikta barrage ever breaks down due to technical reasons it will severely impact the security arrangements made on the India border. China, thus, seems to be working on these two projects under well-planned policy to tease India.



Similarly, China has established the office of 'Maitri Sangh' in Nepal adjoining Indian border territory.



Meanwhile, a 10-member team comprising five Chinese and five Tibetan national recently visited Nepalganj headquarters of Banke district (Nepal). The team toured the Indo-Nepal border and secretly clicked photographs of the Rupaidiha main gate located on Indo-Nepal border.



The Indian intelligence agencies, however, learnt about this when the team had already left for Kathmandu.






++++++++++++++++++++++         +++++++++++++++++++++    ++++++++++++++++++++

THE CONSTITUTION (FORTY-FOURTH AMENDMENT)

THE CONSTITUTION (FORTY-FOURTH AMENDMENT)


Statement of Objects and Reasons appended to the Constitution (Forty-fifth Amendment) Bill, 1978 (Bill No. 88 of 1978) which was enacted as THE CONSTITUTION (Forty-fourth Amendment) Act, 1978



STATEMENT OF OBJECTS AND REASONS



Recents experience has shown that the fundamental rights, including those of life and liberty, granted to citizens by the Constitution are capable of being taken away by a transient majority. It is, therefore, necessary to provide adequate safeguards against the recurrence of such a contingency in the future and to ensure to the people themselves an effective voice in determining the form of government under which they are to live. This is one of the primary objects of this Bill.



2. It is, therefore, proposed to provide that certain changes in the Constitution which would have the effect of impairing its secular or democratic character, abridging or taking away fundamental rights prejudicing or impeding free and fair elections on the basis of adult suffrage and compromising the independence of judiciary, can be made only if they are approved by the people of India by a majority of votes at a referendum in which at least fifty-one per cent. of the electorate participate. Article 368 is being amended to ensure this.



3. In view of the special position sought to be given to fundamental rights, the right to property, which has been the occasion for more than one amendment of the Constitution, would cease to be a fundamental right and become only a legal right. Necessary amendments for this purpose are being made to article 19 and article 31 is being deleted. It would, however, be ensured that the removal of property from the list of fundamental rights would not affect the right of minorities to establish and administer educational institutions of their choice.



4. Similarly, the right of persons holding land for personal cultivation and within the ceiling limit to receive compensation at the market value would not be affected.



5. Property, while ceasing to be a fundamental right, would, however, be given express recognition as a legal right, provision being made that no person shall be deprived of his property save in accordance with law.



6. A Proclamation of Emergency under article 352 has virtually the effect of amending the Constitution by converting it for the duration into that of a Unitary State and enabling the rights of the citizen to move the courts for the enforcement of fundamental rights---including the right to life and liberty---to be suspended. Adequate safeguards are, therefore, necessary to ensure that this power is properly exercised and is not abused. It is, therefore, proposed that a Proclamation of Emergency can be issued only when the security of India or any part of its territory is threatened by war or external aggression or by armed rebellion. Internal disturbance not amounting to armed rebellion would not be a ground for the issue of a Proclamation.



7. Further, in order to ensure that a Proclamation is issued only after due consideration, it is sought to be provided that an Emergency can be proclaimed only on the basis of written advice tendered to the President by the Cabinet. In addition, as a Proclamation of Emergency virtually has the effect of amending the Constitution, it is being provided that the Proclamation would have to be approved by the two Houses of Parliament by the same majority which is necessary to amend the Constitution and such approval would have to be given within a period of one month. Any such Proclamation would be in force only for a period of six months and can be continued only by further resolutions passed by the same majority. The Proclamation would also cease to be in operation if a resolution disapproving the continuance of the Proclamation is passed by Lok Sabha. Ten per cent. or more of the Members of Lok Sabha can requisition a special meeting for considering a resolution for disapproving the Proclamation.



8. As a further check against the misuse of the Emergency provisions and to put the right to life and liberty on a secure footing, it would be provided that the power to suspend the right to move the court for the enforcement of a fundamental right cannot be exercised in respect of the fundamental right to life and liberty. The right to liberty is further strengthened by the provision that a law for preventive detention cannot authorise, in any case, detention for a longer period than two months, unless an Advisory Board has reported that there is sufficient cause for such detention. An additional safeguard would be provided by the requirement that the Chairman of an Advisory Board shall be a serving Judge of the appropriate High Court and that the Board shall be constituted in accordance with the recommendations of the Chief Justice of that High Court.



9. A special provision is being made guaranteeing the right of the media to report freely and without censorship the proceedings in Parliament and the State Legislatures. The provision with regard to the breakdown of the constitutional machinery in the States is being amended so as to provide that a Proclamation issued under article 356 would be in force only for a period of six months in the first instance and that it cannot exceed one year ordinarily. However, if a Proclamation of Emergency is in operation and the Election Commission certifies that the extension of the President's rule beyond a period of one year is necessary on account of difficulties in holding elections to the Legislative Assembly of the State concerned, the period of operation of the Proclamation can be extended beyond one year. This is subject to the existing limit of three years. These changes would ensure that democratic rule is restored to a State after the minimum period which will be necessary for holding elections.



10. With a view to avoiding delays, it is proposed to amend articles 132, 133 and 134 and insert a new article 134A to provide that a High Court should consider the question of granting a certificate for appeal to Supreme Court immediately after the delivery of the judgment, decree, final order or sentence concerned on the basis of an oral application by a party or, if the High Court deems fit so to do, on its own motion. Cases of special leave to appeal by Supreme Court will be left to be regulated exclusively by article 136.



11. The other amendments proposed in the Bill are mainly for removing or correcting the distortions which came into the Constitution by reason of amendments enacted during the period of the Internal Emergency.



12. The Bill seeks to achieve the above objects. The notes on clauses explain in detail the various provisions of the Bill.



NEW DELHI; SHANTI BHUSHAN.



The 9th May, 1978.



THE CONSTITUTION (FORTY-FOURTH AMENDMENT) ACT, 1978



-----------



ARRANGEMENT OF SECTIONS



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SECTIONS



1. Short title and commencement.



2. Amendment of article 19.



3. Amendment of article 22.



4. Amendment of article 30.



5. Omission of sub-heading after article 30.



6. Omission of article 31.



7. Amendment of article 31A.



8. Amendment of article 31C.



9. Amendment of article 38.



10. Substitution of new article for article 71.



11. Amendment of article 74.



12. Amendment of article 77.



13. Amendment of article 83.



14. Substitution of new article for article 103.



15. Amendment of article 105.



16. Amendment of article 123.



17. Amendment of article 132.



18. Amendment of article 133.



19. Amendment of article 134.



20. Insertion of new article 134A.



21. Amendment of article 139A.



22. Amendment of article 150.



23. Amendment of article 166.



24. Amendment of article 172.



25. Substitution of new article for article 192.



26. Amendment of article 194.



27. Amendment of article 213.



28. Amendment of article 217.



29. Amendment of article 225.



30. Amendment of article 226.



31. Amendment of article 227.



32. Amendment of article 239B.



33. Omission of article 257A.



34. Insertion of new Chapter IV in Part XII.



35. Amendment of article 329.



36. Omission of article 329A.



37. Amendment of article 352.



38. Amendment of article 356.



39. Amendment of article 358.



40. Amendment of article 359.



41. Amendment of article 360.



42. Insertion of new article 361A.



43. Amendment of article 371F.



44. Amendment of the Ninth Schedule.



45. Amendment of THE CONSTITUTION (Forty-second Amendment) Act, 1976.



THE CONSTITUTION (FORTY-FOURTH AMENDMENT) ACT, 1978



[30th April, 1979.]



An Act further to amend the Constitution of India.



BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows:-



1. Short title and commencement.- (1) This Act may be called the Constitution (Forty-fourth Amendment) Act, 1978.



(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.



2. Amendment of article 19.- In article 19 of the Constitution,-



(a) in clause (1),-



(i) in sub-clause (e), the word "and" shall be inserted at the end;



(ii) sub-clause (f) shall be omitted;



(b) in clause (5), for the words, brackets and letters "sub-clauses (d), (e) and (f)", the words, brackets and letters "sub-clauses (d) and (e)" shall be substituted.



3. Amendment of article 22.- In article 22 of the Constitution,-



(a) for clause (4), the following clause shall be substituted, namely:-



`(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than two months unless an Advisory Board constituted in accordance with the recommendations of the Chief Justice of the appropriate High Court has reported before the expiration of the said period of two months that there is in its opinion sufficient cause for such detention:



Provided that an Advisory Board shall consist of a Chairman and not less than two other members, and the Chairman shall be a serving Judge of the appropriate High Court and the other members shall be serving or retired Judges of any High Court:



Provided further that nothing in this clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (a) of clause (7).



Explanation.-In this clause, "appropriate High Court" means,-



(i) in the case of the detention of a person in pursuance of an order of detention made by the Government of India or an officer or authority subordinate to that Government, the High Court for the Union territory of Delhi;



(ii) in the case of the detention of a person in pursuance of an order of detention made by the Government of any State (other than a Union territory), the High Court for that State; and



(iii) in the case of the detention of a person in pursuance of an order of detention made by the administrator of a Union territory or an officer or authority subordinate to such administrator, such High Court as may be specified by or under any law made by Parliament in this behalf.';



(b) in clause (7),-



(i) sub-clause (a) shall be omitted;



(ii) sub-clause (b) shall be re-lettered as sub-clause (a); and



(iii) sub-clause (c) shall be re-lettered as sub-clause (b) and in the sub-clause as so re-lettered, for the words, brackets, letter and figure "sub-clause (a) of clause (4)", the word,brackets and figure "clause (4)" shall be substituted.



4. Amendment of article 30.-In article 30 of the Constitution, after clause (1), the following clause shall be inserted, namely:-



"(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.".



5. Omission of sub-heading after article 30.- The sub-heading "Right to Property" occurring after article 30 of the Constitution shall be omitted.



6. Omission of article 31.- Article 31 of the Constitution shall be omitted.



7. Amendment of article 31A.-In article 31A of the Constitution, in clause (1), for the words and figures "article 14, article 19 or article 31", the words and figures "article 14 or article 19" shall be substituted.



8. Amendment of article 31C.-In article 31C of the Constitution, for the words and figures "article 14, article 19 or article 31", the words and figures "article 14 or article 19" shall be substituted.



9. Amendment of article 38.-Article 38 of the Constitution shall be renumbered as clause (1) thereof and after the clause as so renumbered, the following clause shall be inserted, namely:-



"(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.".



10. Substitution of new article for article 71.-For article 71 of the Constitution, the following article shall be substituted, namely:-



"71. Matters relating to, or connected with, the election of a President or Vice-President.-(1) All doubts and disputes arising out of or in connection with the election of a President or Vice-Presinhi dent shall be inquired into and decided by the Supreme Court whose decision shall be final.



(2) If the election of a person as President or Vice-President is declared void by the Supreme Court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice-President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration.



(3) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President.



(4) The election of a person as President or Vice-President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him.".



11. Amendment of article 74.-In article 74 of the Constitution, in clause (1), the following proviso shall be inserted at the end, namely:-



"Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.".



12. Amendment of article 77.-In article 77 of the Constitution, clause (4) shall be omitted.



13. Amendment of article 83.-(1) In article 83 of the Constitution, in clause (2), for the words "six years" in both the places where they occur, the words "five years" shall be substituted.



(2) The amendments made by sub-section (1) to clause (2) of article 83 shall apply also to the House of the People in existence on the date of coming into force of this section without prejudice to the power of Parliament with respect to the extension of the duration of that House under the proviso to that clause.



14. Substitution of new article for article 103.- For article 103 of the Constitution, the following article shall be substituted, namely:-



"103. Decision on questions as to disqualifications of members.-(1) If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, the question shall be referred for the decision of the President and his decision shall be final.



(2) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.".



15. Amendment of article 105.-In article 105 of the Constitution, in clause (3), for the words "shall be those of the House of Commons of the Parliament of the United Kingdom, and of its members and committees, at the commencement of this Constitution", the words, figures and brackets "shall be those of that House and of its members and committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act, 1978" shall be substituted.



16. Amendment of article 123.-In article 123 of the Constitution, clause (4) shall be omitted.



17. Amendment of article 132.-In article 132 of the Constitution,-



(a) in clause (1), for the words "if the High Court certifies", the words, figures and letter "if the High Court certifies under article 134A" shall be substituted;



(b) clause (2) shall be omitted;



(c) in clause (3), the words "or such leave is granted," and the words "and, with the leave of the Supreme Court, on any other ground" shall be omitted.



18. Amendment of article 133.-In article 133 of the Constitution, in clause (1), for the words "if the High Court certifies-", the words, figures and letter "if the High Court certifies under article 134A-" shall be substituted.



19. Amendment of article 134.-In article 134 of the Constitution, in sub-clause (c) of clause (1), for the word "certifies", the words, figures and letter "certifies under article 134A" shall be substituted.



20. Insertion of new article 134A.- After article 134 of the Constitution, the following article shall be inserted, namely:-



"134A. Certificate for appeal to the Supreme Court.- Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134,-



(a) may, if it deems fit so to do, on its own motion; and



(b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree, final order or sentence, determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to in clause (1) of article 132, or clause (1) of article 133 or, as the case may be sub-clause (c) of clause (1) of article 134, may be given in respect of that case.".



21. Amendment of article 139A.-In article 139A of the Constitution, for clause (1), the following clause shall be substituted, namely:-



"(1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or on an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself:



Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.".



22. Amendment of article 150.-In article 150 of the Constitution, for the words "after consultation with", the words "on the advice of" shall be substituted.



23. Amendment of article 166.-In article 166 of the Constitution, clause (4) shall be omitted.



24. Amendment of article 172.-(1) In article 172 of the Constitution, in clause (1), for the words "six years" in both the places where they occur, the words "five years" shall be substituted.



(2) The amendments made by sub-section (1) to clause (1) of article 172-



(a) shall not apply to any existing State Legislative Assembly the period of existence whereof as computed from the date appointed for its first meeting to the date of coming into force of this section (both dates inclusive) is more than four years and eight months but every such Assembly shall, unless sooner dissolved, stand dissolved on the expiry of-



(i) a period of four months from the date of coming into force of this section; or



(ii) a period of six years from the date appointed for its first meeting, whichever period expires earlier;



(b) shall apply to every other existing State Legislative Assembly without prejudice to the power of Parliament with respect to the extension of duration of such Assembly under the proviso to the said clause (1).



Explanation I.-In its application to the Legislative Assembly of the State of Sikkim referred to in clause (b) of article 371F of the Constitution, this sub-section shall have effect as if-



(i) the date appointed for the first meeting of that Assembly were the 26th day of April, 1975; and



(ii) the references in clause (a) of this sub-section to "four years and eight months" and "six years" were references to "three years and eight months" and "five years" respectively.



Explanation II.-In this sub-section, "existing State Legislative Assembly" means the Legislative Assembly of a State in existence on the date of coming into force of this section.



25. Substitution of new article for article 192.-For article 192 of the Constitution, the following article shall be substituted, namely:-



"192. Decision on questions as to disqualifications of members.-(1) If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of article 191, the question shall be referred for the decision of the Governor and his decision shall be final.



(2) Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.".



26. Amendment of article 194.-In article 194 of the Constitution, in clause (3), for the words "shall be those of the House of Commons of the Parliament of the United Kingdom, and of its members and committees, at the commencement of this Constitution", the words, figures and brackets "shall be those of that House and of its members and committees immediately before the coming into force of section 26 of the Constitution (Forty-fourth Amendment) Act, 1978" shall be substituted.



27. Amendment of article 213.-In article 213 of the Constitution, clause (4) shall be omitted.



28. Amendment of article 217.-In article 217 of the Constitution, in clause (2),-



(a) in sub-clause (b), the word "or" occurring at the end shall be omitted;



(b) sub-clause (c) shall be omitted;



(c) in the Explanation, clause (a) shall be re-lettered as clause (aa) and before clause (aa) as so re-lettered, the following shall be inserted, namely:-



"(a) in computing the period during which a person has held judicial office in the territory of India, there shall be included any period, after he has held any judicial office, during which the person has been an advocate of a High Court or has held the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law;".



29. Amendment of article 225.-In article 225 of the Constitution, the following proviso shall be inserted at the end, namely:-



"Provided that any restriction to which the exercise of original jurisdiction by any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no longer apply to the exercise of such jurisdiction.".



30. Amendment of article 226.-In article 226 of the Constitution,-



(a) in clause (1), for the portion beginning with the words "writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them" and ending with the words "such illegality has resulted in substantial failure of justice.", the following shall be substituted, namely:-



"writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.";



(b) for clauses (3), (4), (5) and (6), the following clause shall be substituted, namely:-



"(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any way proceedings relating to, a petition under clause (1), without-



(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and



(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated.";



(c) clause (7) shall be renumbered as clause (4).



31. Amendment of article 227.- In article 227 of the Constitution,-



(a) for clause (1), the following clause shall be substituted, namely:-



"(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.";



(b) clause (5) shall be omitted.



32. Amendment of article 239B.-In article 239B of the Constitution, clause (4) shall be omitted.



33. Omission of article 257A.-Article 257A of the Constitution shall be omitted.



34. Insertion of new Chapter IV in Part XII.-In Part XII of the Constitution, after Chapter III, the following Chapter shall be inserted, namely:-



"CHAPTER IV.-RIGHT TO PROPERTY



300A. Persons not to be deprived of property save by authority of law.-No person shall be deprived of his property save by authority of law.".



35. Amendment of article 329.-In article 329 of the Constitution, in the opening portion, the words, figures and letter "but subject to the provisions of article 329A" shall be omitted.



36. Omission of article 329A.-Article 329A of the Constitution shall be omitted.



37. Amendment of article 352.- In article 352 of the Constitution,-



(a) in clause (1),-



(i) for the words "internal disturbance", the words "armed rebellion" shall be substituted;



(ii) the following Explanation shall be inserted at the end, namely:-



"Explanation.-A Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression or by armed rebellion may be made before the actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof.";



(b) for clauses (2), (2A) and (3), the following clauses shall be substituted, namely:-



"(2) A Proclamation issued under clause (1) may be varied or revoked by a subsequent Proclamation.



(3) The President shall not issue a Proclamation under clause (1) or a Proclamation varying such Proclamation unless the decision of the Union Cabinet (that is to say, the Council consisting of the Prime Minister and other Ministers of Cabinet rank appointed under article 75) that such a Proclamation may be issued has been communicated to him in writing.



(4) Every Proclamation issued under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of one month unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament:



Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People has been dissolved, or the dissolution of the House of the People takes place during the period of one month referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution, unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.



(5) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of the passing of the second of the resolutions approving the Proclamation under clause (4):



Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which it would otherwise have ceased to operate under this clause:



Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days, a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People.



(6) For the purposes of clauses (4) and (5), a resolution may be passed by either House of Parliament only by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.



(7) Notwithstanding anything contained in the foregoing clauses, the President shall revoke a Proclamation issued under clause (1) or a Proclamation varying such Proclamation if the House of the People passes a resolution disapproving, or, as the case may be, disapproving the continuance in force of, such Proclamation.



(8) Where a notice in writing signed by not less than one-tenth of the total number of members of the House of the People has been given, of their intention to move a resolution for disapproving, or, as the case may be, for disapproving the continuance in force of, a Proclamation issued under clause (1) or a Proclamation varying such Proclamation,-



(a) to the Speaker, if the House is in session; or



(b) to the President, if the House is not in session,



a special sitting of the House shall be held within fourteen days from the date on which such notice is received by the Speaker, or, as the case may be, by the President, for the purpose of considering such resolution.";



(c) clause (4) shall be renumbered as clause (9) and in the clause as so renumbered, for the words "internal disturbance" in both the places where they occur, the words "armed rebellion" shall be substituted;



(d) clause (5) shall be omitted.



38. Amendment of article 356.-In article 356 of the Constitution,-



(a) in clause (4),-



(i) for the words, brackets and figure "one year from the date of the passing of the second of the resolutions approving the Proclamation under clause (3)", the words "six months from the date of issue of the Proclamation" shall be substituted;



(ii) in the first proviso, for the words "one year", the words "six months" shall be substituted;



(iii) in the second proviso, for the words "one year", the words "six months" shall be substituted;



(b) for clause (5), the following clause shall be substituted, namely:-



"(5) Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of a Proclamation approved under clause (3) for any period beyond the expiration of one year from the date of issue of such Proclamation shall not be passed by either House of Parliament unless-



(a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and



(b) the Election Commission certifies that the continuance in force of the Proclamation approved under clause (3) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned.".



39. Amendment of article 358.-Article 358 of the Constitution shall be renumbered as clause (1) of that article, and-



(a) in clause (1) as so renumbered,-



(i) in the opening portion, for the words "while a Proclamation of Emergency is in operation", the words "While a Proclamation of Emergency declaring that the security of India or any part of the territory thereof is treatened by war or by external aggression is in operation" shall be substituted;



(ii) in the proviso, for the words "where a Proclamation of Emergency", the words "where such Proclamation of Emergency" shall be substituted;



(b) after clause (1) as so renumbered, the following clause shall be inserted, namely:-



"(2) Nothing in clause (1) shall apply-



(a) to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency in operation when it is made; or



(b) to any executive action taken otherwise than under a law containing such a recital.".



40. Amendment of article 359.-In article 359 of the Constitution,-



(a) in clauses (1) and (1A), for the words and figures "the rights conferred by Part III", the words, figures and brackets "the rights conferred by Part III (except articles 20 and 21)" shall be substituted;



(b) after clause (1A), the following clause shall be inserted, namely:-



"(1B) Nothing in clause (1A) shall apply-



(a) to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency in operation when it is made; or



(b) to any executive action taken otherwise than under a law containing such a recital.".



41. Amendment of article 360.-In article 360 of the Constitution,-



(a) for clause (2), the following clause shall be substituted, namely:-



"(2) A Proclamation issued under clause (1)-



(a) may be revoked or varied by a subsequent Proclamation;



(b) shall be laid before each House of Parliament;



(c) shall cease to operate at the expiration of two months, unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament:



Provided that if any such Proclamation is issued at a time when the House of the People has been dissolved or the dissolution of the House of the People takes place during the period of two months referred to in sub-clause (c), and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.";



(b) clause (5) shall be omitted.



42. Insertion of new article 361A.-After article 361 of the Constitution, the following article shall be inserted, namely:-



`361A. Protection of publication of proceedings of Parliament and State Legislatures.-(1) No person shall be liable to any proceedings, civil or criminal, in any court in respect of the publication in a newspaper of a substantially true report of any proceedings of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State, unless the publication is proved to have been made with malice:



Provided that nothing in this clause shall apply to the publication of any report of the proceedings of a secret sitting of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State.



(2) Clause (1) shall apply in relation to reports or matters broadcast by means of wireless telegraphy as part of any programme or service provided by means of a broadcasting station as it applies in relation to reports or matters published in a newspaper.



Explanation.-In this article, "newspaper" includes a news agency report containing material for publication in a newspaper.'.



43. Amendment of article 371F.-In article 371F of the Constitution, in clause (c), for the words "six years", the words "five years" shall be substituted, and for the words "five years" in both the places where they occur, the words "four years" shall be substituted.



44. Amendment of the Ninth Schedule.- In the Ninth Schedule to the Constitution, entries 87, 92 and 130 shall be omitted.



45. Amendment of the Constitution (Forty-second Amendment) Act, 1976.- In the Constitution (Forty-second Amendment) Act, 1976, sections 18, 19, 21, 22, 31, 32, 34, 35, 58 and 59 shall be omitted.

The Salaried Employees

Salaried employees are, for the most part, at the mercy of their employer. These employees are under contract to their employer for a set amount of money on a set pay day. The labor laws, in this case, are somewhat ambiguous, so many of these cases go to court or are decided by arbitrators and no one may be found at fault or "guilty" unless the excesses are blatant and obviously knowingly carried out.




Salaried employees are not usually required to keep track of their hours, though for reporting instances, your employer may require that. Some employers do this as a means to measure productivity and will require complex descriptions of the work done as well as the number of hours or even minutes spent on each task. This is legal, though on the side you may want to make notes of how much time it took you to complete this requirement, along with your regular work. It will subtract from your productivity level if you must spend minutes recounting your work every time that you perform a task. It is also wise, if you are entering into a salaried position, that it is clearly stated how many hours you are expected to work during a regular work week. Since you are not punching a time clock or filling out a time sheet, you must keep meticulous records if you regularly work over the number of hours originally agreed upon. For example, if your contract states or you know that you are required to work 50 hours a week, but you regularly put in 60 or 70 hours a week with no additional compensation, then you have the right to approach your employer about it and in the case that you and he or she disagree, you also can take them to court for reimbursement for those additional hours. But, in most cases, it is imperative that your contract spells out the expectations and if you are looking at one or two weeks over the course of a year, do not expect a ruling in your favor. You also cannot expect to be compensated at the overtime rate, though in some cases of blatant abuse of a salaried employee, that has been a decision handed down by the court.



When it comes to sick and vacation days, a salaried employee is compensated when he or she has the sick or vacation days available. By the same token that your employer is required to pay you the set amount for a week in which you worked the set hours, if you do not have sick days or vacation days available, your employer is not required to compensate you for hours you did not work. In this case, your salary is usually computed to a daily or hourly rate, and that amount of money can be withheld from your salary. This normally only happens with cases where the employer feels that the employee is abusing their salaried position. On the other hand, if you are regularly a very reliable employee who puts in more than their agreed upon salaried hours in the majority of weeks, but then has to take a sick day once or twice during a pay period and your employer decides to dock your pay, regardless of the number of additional hours that you have voluntarily worked, you may have a case. These cases are much more difficult to bring, but if a pattern of this type of abuse can be tracked and attested to, your employer may be required to compensate you and will also be required to mend his or her ways.



Yes, it's true that salaried employees do not necessarily receive the same protection as an hourly employee, but it is also true that blatant disregard of the labor laws can land your employer in hot water. For the most part, salaried employees enter into contracts for which they feel adequately paid for the work they perform. It is really up to you, as an employee, and up to your employer to honestly carry out your contract in the way that it was intended when it was entered into.

THE LABOUR LAWS

                                                         Labor Law: Things to Know







The labor laws in India provide for labor rights and regulate terms of employment. Typically, labor laws are laws pertaining to employer-employee relationships. They guarantee few legal rights to the workers. Further, they aim to promote interests of the workers.




The labor laws can be classified in two major categories. The first category consists of laws defining the relationship between trade unions, employees and employers. The second category includes laws that provides for rights of employees at work place. Labor laws were formulated to address demands of workers for improvement of working conditions, wages, working hours, protection of labor rights and settlement of industrial disputes.



Indian laws on labor rights and work places are regulated by the Ministry of Labor and Employment. The major Indian laws pertaining to rights of workers and employment are, such as:





The Industrial Dispute Act, 1947.

The Payment of Bonus Act, 1965.

The Payment of Wages Act, 1936.

The Child Labour (Prohibition and Regulation) Act, 1986.

The Trade Unions Act, 1926.

The Maternity Benefit Act, 1961.

The Factories Act, 1948.

The Equal Remuneration Act, 1976.

The Employee's State Insurance Act, 1948.



Labor Law: Things to Know



Labor laws in India provide for the provision of legal strikes and the right to strike. However, the Government is empowered to limit these rights in favor of public order. Here are few things to know about labor laws in India:



The Industrial Disputes Act, 1947



The Industrial Disputes Act, 1947, was enacted in 1947. Few provisions of the Act are derived from the Trade Dispute Act, 1929. It provided for formation of two types of institutions to promote industrial peace, namely, the Works committees and the Industrial Tribunals.



The committees comprise of the representatives of workers and employers. It aims to promote harmonious relations and smooth the communication process between the parties. The tribunals were empowered to address industrial disputes.



The International Labor Organization (ILO) is the international body that addresses labor issues and promotes labor rights. Further, it upholds the principle 'labor is not a commodity' and calls for equal, fair and dignified treatment to workers at workplace.



The author, Swapna, is a crazy, fun-loving, intense, moody and liberal thinking Indian mom. She loves writing about books, wines, food, movies, musings on news around the world, and Indian Laws. She has keen interest on the Constitution of India. She has practiced law for three years in litigation in Kerala, specialized in labor laws during recent LLB course. She also functioned as Commissioner appointed by the Rent Control court to undertake a site investigation on behalf of the court and submitted the report before the aforementioned court.