Carbon credit - Wikipedia, the free encyclopedia

Wednesday, July 14, 2010 1:23 PM

Carbon credit From Wikipedia, the free encyclopedia It has been suggested that Carbon offset be merged into this article or section. (Discuss) Energy portal This article deals with carbon credits for international trading. For carbon credits for individuals, see personal carbon trading. For voluntary schemes see also carbon offset A carbon credit is a generic term meaning that a value has been assigned to a reduction or offset of greenhouse gas emissions.[1] Carbon credits and markets are key components of national and international attempts to mitigate the growth in concentrations of greenhouse gases (GHGs). One carbon credit is equal to one ton of carbon dioxide, or in some markets, carbon dioxide equivalent gases. Carbon trading is an application of an emissions trading approach. Greenhouse gas emissions are capped and then markets are used to allocate the emissions among the group of regulated sources. The goal is to allow market mechanisms to drive industrial and commercial processes in the direction of low emissions or less carbon intensive approaches than those used when there is no cost to emitting carbon dioxide and other GHGs into the atmosphere. Since GHG mitigation projects generate credits, this approach can be used to finance carbon reduction schemes between trading partners and around the world. There are also many companies that sell carbon credits to commercial and individual customers who are interested in lowering their carbon footprint on a voluntary basis. These carbon offsetters purchase the credits from an investment fund or a carbon development company that has aggregated the credits from individual projects. The quality of the credits is based in part on the validation process and sophistication of the fund or development company that acted as the sponsor to the carbon project. This is reflected in their price; voluntary units typically have less value than the units sold through the rigorously validated Clean Development Mechanism[2]. Contents 1 Background 1.1 Emission allowances 1.2 Kyoto's 'Flexible mechanisms' 1.3 Emission markets 1.4 Setting a market price for carbon 2 How buying carbon credits can reduce emissions 2.1 Credits versus taxes 3 Creating real carbon credits 3.1 Additionality and its importance 3.2 Criticisms 4 See also 5 References 6 External links Background Burning of fossil fuels is a major source of industrial greenhouse gas emissions, especially for power, cement, steel, textile, fertilizer and many other industries which rely on fossil fuels (coal, electricity derived from coal, natural gas and oil). The major greenhouse gases emitted by these industries are carbon dioxide, methane, nitrous oxide, hydrofluorocarbons (HFCs), etc, all of which increase the atmosphere's ability to trap infrared energy and thus affect the climate. The concept of carbon credits came into existence as a result of increasing awareness of the need for controlling emissions. The IPCC (Intergovernmental Panel on Climate Change) has observed[3] that: Policies that provide a real or implicit price of carbon could create incentives for producers and consumers to significantly invest in low-GHG products, technologies and processes. Such policies could include economic instruments, government funding and regulation , while noting that a tradable permit system is one of the policy instruments that has been shown to be environmentally effective in the industrial sector, as long as there are reasonable levels of predictability over the initial allocation mechanism and long-term price. The mechanism was formalized in the Kyoto Protocol, an international agreement between more than 170 countries, and the market mechanisms were agreed through the subsequent Marrakesh Accords. The mechanism adopted was similar to the successful US Acid Rain Program to reduce some industrial pollutants.

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adopted was similar to the successful US Acid Rain Program to reduce some industrial pollutants. Emission allowances Under the Kyoto Protocol, the 'caps' or quotas for Greenhouse gases for the developed Annex 1 countries are known as Assigned Amounts and are listed in Annex B.[4] The quantity of the initial assigned amount is denominated in individual units, called Assigned amount units (AAUs), each of which represents an allowance to emit one metric tonne of carbon dioxide equivalent, and these are entered into the country's national registry.[5] In turn, these countries set quotas on the emissions of installations run by local business and other organizations, generically termed 'operators'. Countries manage this through their national registries, which are required to be validated and monitored for compliance by the UNFCCC.[6] Each operator has an allowance of credits, where each unit gives the owner the right to emit one metric tonne of carbon dioxide or other equivalent greenhouse gas. Operators that have not used up their quotas can sell their unused allowances as carbon credits, while businesses that are about to exceed their quotas can buy the extra allowances as credits, privately or on the open market. As demand for energy grows over time, the total emissions must still stay within the cap, but it allows industry some flexibility and predictability in its planning to accommodate this. By permitting allowances to be bought and sold, an operator can seek out the most cost-effective way of reducing its emissions, either by investing in 'cleaner' machinery and practices or by purchasing emissions from another operator who already has excess 'capacity'. Since 2005, the Kyoto mechanism has been adopted for CO2 trading by all the countries within the European Union under its European Trading Scheme (EU ETS) with the European Commission as its validating authority.[7] From 2008, EU participants must link with the other developed countries who ratified Annex I of the protocol, and trade the six most significant anthropogenic greenhouse gases. In the United States, which has not ratified Kyoto, and Australia, whose ratification came into force in March 2008, similar schemes are being considered. Kyoto's 'Flexible mechanisms' A tradable credit can be an emissions allowance or an assigned amount unit which was originally allocated or auctioned by the national administrators of a Kyoto-compliant cap-and-trade scheme, or it can be an offset of emissions. Such offsetting and mitigating activities can occur in any developing country which has ratified the Kyoto Protocol, and has a national agreement in place to validate its carbon project through one of the UNFCCC's approved mechanisms. Once approved, these units are termed Certified Emission Reductions, or CERs. The Protocol allows these projects to be constructed and credited in advance of the Kyoto trading period. The Kyoto Protocol provides for three mechanisms that enable countries or operators in developed countries to acquire greenhouse gas reduction credits [8] Under Joint Implementation (JI) a developed country with relatively high costs of domestic greenhouse reduction would set up a project in another developed country. Under the Clean Development Mechanism (CDM) a developed country can 'sponsor' a greenhouse gas reduction project in a developing country where the cost of greenhouse gas reduction project activities is usually much lower, but the atmospheric effect is globally equivalent. The developed country would be given credits for meeting its emission reduction targets, while the developing country would receive the capital investment and clean technology or beneficial change in land use. However, geologists from Cass Business School are sceptical on this program, arguing that the introduction of carbon credits does little to encourage companies to reduce emissions and instead allows the existence of 'carbon cowboys'. Under International Emissions Trading (IET) countries can trade in the international carbon credit market to cover their shortfall in Assigned amount units. Countries with surplus units can sell them to countries that are exceeding their emission targets under Annex B of the Kyoto Protocol. These carbon projects can be created by a national government or by an operator within the country. In reality, most of the transactions are not performed by national governments directly, but by operators who have been set quotas by their country. Emission markets For trading purposes, one allowance or CER is considered equivalent to one metric ton of CO 2 emissions. These allowances can be sold privately or in the international market at the prevailing market price. These trade and settle internationally and hence allow allowances to be transferred between countries. Each international transfer is validated by the UNFCCC. Each transfer of ownership within the European Union is additionally validated by the European Commission. Climate exchanges have been established to provide a spot market in allowances, as well as futures and options market to help discover a market price and maintain liquidity. Carbon prices are normally quoted in Euros per tonne of carbon dioxide or its equivalent (CO2 e). Other greenhouse gasses can also be traded, but are quoted as standard multiples of carbon dioxide with respect to their global warming potential. These features reduce the quota's financial impact on business, while ensuring that the quotas are met at a national and international level. Currently there are five exchanges trading in carbon allowances: the Chicago Climate Exchange, European Climate Exchange, Nord Pool, PowerNext and the European Energy Exchange. Recently, NordPool listed a contract to trade offsets generated by a CDM carbon project called Certified Emission Reductions (CERs). Many companies now

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offsets generated by a CDM carbon project called Certified Emission Reductions (CERs). Many companies now engage in emissions abatement, offsetting, and sequestration programs to generate credits that can be sold on one of the exchanges. At least one private electronic market has been established in 2008: CantorCO2e.[9] Managing emissions is one of the fastest-growing segments in financial services in the City of London with a market estimated to be worth about 30 billion in 2007. Louis Redshaw, head of environmental markets at Barclays Capital predicts that "Carbon will be the world's biggest commodity market, and it could become the world's biggest market overall."[10] Setting a market price for carbon This section includes a list of references, related reading or external links, but its sources remain unclear because it lacks inline citations. Please improve this article by introducing more precise citations where appropriate. (August 2008) Unchecked, energy use and hence emission levels are predicted to keep rising over time. Thus the number of companies needing to buy credits will increase, and the rules of supply and demand will push up the market price, encouraging more groups to undertake environmentally friendly activities that create carbon credits to sell. An individual allowance, such as an Assigned amount unit (AAU) or its near-equivalent European Union Allowance (EUA), may have a different market value to an offset such as a CER. This is due to the lack of a developed secondary market for CERs, a lack of homogeneity between projects which causes difficulty in pricing, as well as questions due to the principle of supplementarity and its lifetime. Additionally, offsets generated by a carbon project under the Clean Development Mechanism are potentially limited in value because operators in the EU ETS are restricted as to what percentage of their allowance can be met through these flexible mechanisms. Yale University economics professor William Nordhaus argues that the price of carbon needs to be high enough to motivate the changes in behavior and changes in economic production systems necessary to effectively limit emissions of greenhouse gases. Raising the price of carbon will achieve four goals. First, it will provide signals to consumers about what goods and services are high-carbon ones and should therefore be used more sparingly. Second, it will provide signals to producers about which inputs use more carbon (such as coal and oil) and which use less or none (such as natural gas or nuclear power), thereby inducing firms to substitute low-carbon inputs. Third, it will give market incentives for inventors and innovators to develop and introduce low -carbon products and processes that can replace the current generation of technologies. Fourth, and most important, a high carbon price will economize on the information that is required to do all three of these tasks. Through the market mechanism, a high carbon price will raise the price of products according to their carbon content. Ethical consumers today, hoping to minimize their carbon footprint, have little chance of making an accurate calculation of the relative carbon use in, say, driving 250 miles as compared with flying 250 miles. A harmonized carbon tax would raise the price of a good proportionately to exactly the amount of CO 2 that is emitted in all the stages of production that are involved in producing that good. If 0.01 of a ton of carbon emissions results from the wheat growing and the milling and the trucking and the baking of a loaf of bread, then a tax of $30 per ton carbon will raise the price of bread by $0.30. The carbon footprint is automatically calculated by the price system. Consumers would still not know how much of the price is due to carbon emissions, but they could make their decisions confident that they are paying for the social cost of their carbon footprint. Nordhaus has suggested, based on the social cost of carbon emissions, that an optimal price of carbon is around $30(US) per ton and will need to increase with inflation. The social cost of carbon is the additional damage caused by an additional ton of carbon emissions. ... The optimal carbon price, or optimal carbon tax, is the market price (or carbon tax) on carbon emissions that balances the incremental costs of reducing carbon emissions with the incremental benefits of reducing climate damages. ... [I]f a country wished to impose a carbon tax of $30 per ton of carbon, this would involve a tax on gasoline of about 9 cents per gallon. Similarly, the tax on coal -generated electricity would be about 1 cent per kWh, or 10 percent of the current retail price. At current levels of carbon emissions in the United States, a tax of $30 per ton of carbon would generate $50 billion of revenue per year. [11] How buying carbon credits can reduce emissions This section includes a list of references, related reading or external links, but its sources remain unclear because it lacks inline citations. Please improve this article by introducing more precise citations where appropriate. (August 2008) See also: Economics of global warming Carbon credits create a market for reducing greenhouse emissions by giving a monetary value to the cost of polluting the air. Emissions become an internal cost of doing business and are visible on the balance sheet alongside raw materials and other liabilities or assets. For example, consider a business that owns a factory putting out 100,000 tonnes of greenhouse gas emissions in a year. Its government is an Annex I country that enacts a law to limit the emissions that the business can produce. So the factory is given a quota of say 80,000 tonnes per year. The factory either reduces its emissions to 80,000

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So the factory is given a quota of say 80,000 tonnes per year. The factory either reduces its emissions to 80,000 tonnes or is required to purchase carbon credits to offset the excess. After costing up alternatives the business may decide that it is uneconomical or infeasible to invest in new machinery for that year. Instead it may choose to buy carbon credits on the open market from organizations that have been approved as being able to sell legitimate carbon credits. We should consider the impact of manufacturing alternative energy sources. For example, the energy consumed and the Carbon emitted in the manufacture and transportation of a large wind turbine would prohibit a credit being issued for a predetermined period of time. One seller might be a company that will offer to offset emissions through a project in the developing world, such as recovering methane from a swine farm to feed a power station that previously would use fossil fuel. So although the factory continues to emit gases, it would pay another group to reduce the equivalent of 20,000 tonnes of carbon dioxide emissions from the atmosphere for that year. Another seller may have already invested in new low-emission machinery and have a surplus of allowances as a result. The factory could make up for its emissions by buying 20,000 tonnes of allowances from them. The cost of the seller's new machinery would be subsidized by the sale of allowances. Both the buyer and the seller would submit accounts for their emissions to prove that their allowances were met correctly. Credits versus taxes Carbon credits and carbon taxes each have their advantages and disadvantages. Credits were chosen by the signatories to the Kyoto Protocol as an alternative to Carbon taxes. A criticism of tax-raising schemes is that they are frequently not hypothecated, and so some or all of the taxation raised by a government would be applied based on what the particular nation's government deems most fitting. However, some would argue that carbon trading is based around creating a lucrative artificial market, and, handled by free market enterprises as it is, carbon trading is not necessarily a focused or easily regulated solution. By treating emissions as a market commodity some proponents insist it becomes easier for businesses to understand and manage their activities, while economists and traders can attempt to predict future pricing using market theories. Thus the main advantages of a tradable carbon credit over a carbon tax are argued to be: the price may be more likely to be perceived as fair by those paying it.[12]. Investors in credits may have more control over their own costs.[citation needed] the flexible mechanisms of the Kyoto Protocol help to ensure that all investment goes into genuine sustainable carbon reduction schemes through an internationally agreed validation process. some proponents state that if correctly implemented a target level of emission reductions may somehow be achieved with more certainty, while under a tax the actual emissions might vary over time. it may provide a framework for rewarding people or companies who plant trees or otherwise meet standards exclusively recognized as "green." The advantages of a carbon tax are argued to be: possibly less complex, expensive, and time-consuming to implement. This advantage is especially great when applied to markets like gasoline or home heating oil. perhaps some reduced risk of certain types of cheating, though under both credits and taxes, emissions must be verified. reduced incentives for companies to delay efficiency improvements prior to the establishment of the baseline if credits are distributed in proportion to past emissions. when credits are grandfathered, this puts new or growing companies at a disadvantage relative to more established companies. allows for more centralized handling of acquired gains worth of carbon is stabilized by government regulation rather than market fluctuations. Poor market conditions and weak investor interest have a lessened impact on taxation as opposed to carbon trading. Creating real carbon credits The principle of Supplementarity within the Kyoto Protocol means that internal abatement of emissions should take precedence before a country buys in carbon credits. However it also established the Clean Development Mechanism as a Flexible Mechanism by which capped entities could develop real, measurable, permanent emissions reductions voluntarily in sectors outside the cap. Many criticisms of carbon credits stem from the fact that establishing that an emission of CO2 -equivalent greenhouse gas has truly been reduced involves a complex process. This process has evolved as the concept of a carbon project has been refined over the past 10 years. The first step in determining whether or not a carbon project has legitimately led to the reduction of real, measurable, permanent emissions is understanding the CDM methodology process. This is the process by which project sponsors submit, through a Designated Operational Entity (DOE), their concepts for emissions reduction creation. The CDM Executive Board, with the CDM Methodology Panel and their expert advisors, review each project and decide how and if they do indeed result in reductions that are additional [13] Additionality and its importance

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Additionality and its importance This section includes a list of references, related reading or external links, but its sources remain unclear because it lacks inline citations. Please improve this article by introducing more precise citations where appropriate. (August 2008) It is also important for any carbon credit (offset) to prove a concept called additionality. The concept of additionality addresses the question of whether the project would have happened anyway, even in the absence of revenue from carbon credits. Only carbon credits from projects that are "additional to" the business-as-usual scenario represent a net environmental benefit. Carbon projects that yield strong financial returns even in the absence of revenue from carbon credits; or that are compelled by regulations; or that represent common practice in an industry are usually not considered additional, although a full determination of additionality requires specialist review. It is generally agreed that voluntary carbon offset projects must also prove additionality in order to ensure the legitimacy of the environmental stewardship claims resulting from the retirement of the carbon credit (offset). According the World Resources Institute/World Business Council for Sustainable Development (WRI/WBCSD) : "GHG emission trading programs operate by capping the emissions of a fixed number of individual facilities or sources. Under these programs, tradable 'offset credits' are issued for project-based GHG reductions that occur at sources not covered by the program. Each offset credit allows facilities whose emissions are capped to emit more, in direct proportion to the GHG reductions represented by the credit. The idea is to achieve a zero net increase in GHG emissions, because each tonne of increased emissions is 'offset' by project-based GHG reductions. The difficulty is that many projects that reduce GHG emissions (relative to historical levels) would happen regardless of the existence of a GHG program and without any concern for climate change mitigation. If a project 'would have happened anyway,' then issuing offset credits for its GHG reductions will actually allow a positive net increase in GHG emissions, undermining the emissions target of the GHG program. Additionality is thus critical to the success and integrity of GHG programs that recognize project-based GHG reductions." Criticisms Environmental restrictions and activities have been imposed on businesses through regulation. Many are uneasy with this approach to managing emissions. The Kyoto mechanism is the only internationally agreed mechanism for regulating carbon credit activities, and, crucially, includes checks for additionality and overall effectiveness. Its supporting organisation, the UNFCCC, is the only organisation with a global mandate on the overall effectiveness of emission control systems, although enforcement of decisions relies on national co-operation. The Kyoto trading period only applies for five years between 2008 and 2012. The first phase of the EU ETS system started before then, and is expected to continue in a third phase afterwards, and may co-ordinate with whatever is internationally agreed at but there is general uncertainty as to what will be agreed in Post-Kyoto Protocol negotiations on greenhouse gas emissions. As business investment often operates over decades, this adds risk and uncertainty to their plans. As several countries responsible for a large proportion of global emissions (notably USA, Australia, China) have avoided mandatory caps, this also means that businesses in capped countries may perceive themselves to be working at a competitive disadvantage against those in uncapped countries as they are now paying for their carbon costs directly. A key concept behind the cap and trade system is that national quotas should be chosen to represent genuine and meaningful reductions in national output of emissions. Not only does this ensure that overall emissions are reduced but also that the costs of emissions trading are carried fairly across all parties to the trading system. However, governments of capped countries may seek to unilaterally weaken their commitments, as evidenced by the 2006 and 2007 National Allocation Plans for several countries in the EU ETS, which were submitted late and then were initially rejected by the European Commission for being too lax.[14] A question has been raised over the grandfathering of allowances. Countries within the EU ETS have granted their incumbent businesses most or all of their allowances for free. This can sometimes be perceived as a protectionist obstacle to new entrants into their markets. There have also been accusations of power generators getting a 'windfall' profit by passing on these emissions 'charges' to their customers.[15] As the EU ETS moves into its second phase and joins up with Kyoto, it seems likely that these problems will be reduced as more allowances will be auctioned. Establishing a meaningful offset project is complex: voluntary offsetting activities outside the CDM mechanism are effectively unregulated and there have been criticisms of offsetting in these unregulated activities. This particularly applies to some voluntary corporate schemes in uncapped countries and for some personal carbon offsetting schemes. There have also been concerns raised over the validation of CDM credits. One concern is related to the accurate assessment of additionality. Others relate to the effort and time taken to get a project approved. Questions may also be raised about the validation of the effectiveness of some projects; it appears that many projects do not achieve the expected benefit after they have been audited, and the CDM board can only approve a lower amount of CER credits. For example, it may take longer to roll out a project than originally planned, or an afforestation project may be reduced by disease or fire. For these reasons some countries place additional restrictions on their

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project may be reduced by disease or fire. For these reasons some countries place additional restrictions on their local implementations and will not allow credits for some types of carbon sink activity, such as forestry or land use projects. See also Cap and trade Carbon finance Carbon leakage Carbon project Carbon Trade Watch CDM Gold Standard Emissions trading Energy speculation Kyoto Protocol emissions trading Nutrient trading References ^ "Climate change glossary -". Environment Protection Authority Victoria. 2008-09-02. http://www.epa.vic.gov.au/climate-change/glossary.asp#CAM. Retrieved 2010-02-16. ^ "Making Kyoto work:data, policies, infrastructures". UNFCCC press briefing. 2007-11-20. http://unfccc.metafusion.com/kongresse/071120_pressconference07/templ/ply_unfccc.php?id_kongresssession=806 &player_mode=isdn_real. Retrieved 2010-01-25. ^ "Climate Change 2007: Mitigation of Climate Change, Summary for Policymakers from IPCC Fourth Assessment Report". Working Group III, IPCC. 2007-05-04. pp. Item 25 and Table SPM.7, pages 2931. http://www.mnp.nl/ipcc/docs/FAR/Approved%20SPM%20WGIII_0705rev5.pdf. Retrieved 2007-05-10. ^ "Kyoto Protocol Targets". UNFCCC. http://unfccc.int/kyoto_protocol/items/3145.php. Retrieved 2010-01-25. ^ "Kyoto Protocol Reference Manual On Accounting of Emissions and Assigned Amount". UNFCCC. http://unfccc.int/resource/docs/publications/08_unfccc_kp_ref_manual.pdf. Retrieved 2010-04-07. ^ "UNFCCC Compliance under the Kyoto Protocol". UNFCCC. http://unfccc.int/kyoto_protocol/compliance/items/2875.php. Retrieved 2010-01-25. ^ "EU climate change policies: Commission asks member states to fulfil their obligations". EUROPA - Press Releases. http://europa.eu/rapid/pressReleasesAction.do?reference=IP/06/469&format=HTML&aged=1 &language=EN&guiLanguage=en. Retrieved 2010-01-27. ^ "The Mechanisms under the Kyoto Protocol". UNFCCC. http://unfccc.int/kyoto_protocol/mechanisms/items/1673.php. Retrieved 2010-01-27. ^ CantorCO2e (2008-09-09). "CantorCO2e Launches First Internet CER Auction". Press release. http://www.highbeam.com/doc/1G1-184638199.html. Retrieved 2010-01-27. ^ Kanter, James (2007-06-20). "Carbon trading: Where greed is green". The New York Times. http://www.nytimes.com/2007/06/20/business/worldbusiness/20iht-money.4.6234700.html?_r=1. Retrieved 2010-01-27. ^ Nordhaus,, William (2008). "A Question of Balance - Weighing the Options on Global Warming Policies". Yale University Press. http://nordhaus.econ.yale.edu/Balance_2nd_proofs.pdf. ^ "Carbon Credits". Hy-Bon Engineering Company Inc.. http://www.hy-bon.com/credits/index.htm. Retrieved 2010-01-27. ^ UNFCCC CDM project database ^ "France and Italy seek to avoid EU carbon clash". Reuters AlertNet - www.alertnet.org. 2006-12-13. http://www.alertnet.org/thenews/newsdesk/L12929039.htm. Retrieved 2010-01-27. ^ Carr, Mathew; Kishan, Saijel (2006-07-16). "Europe Fails Kyoto Standards as Trading Scheme Helps Polluters". Bloomberg.com. http://www.bloomberg.com/apps/news?pid=20601087&sid=awS1xfKpVRs8&refer=home. Retrieved 2010-01-27. External links Differences between carbon credit and carbon offsets. COMET-VR: a Decision Support System for agricultural producers, land managers, soil scientists and other agricultural interests to Measure and Model carbon based on land management choices. 1605(b)a US Voluntary Reporting Registry. The great carbon credit con: Why are we paying the Third World to poison its environment?, The Daily Mail, May 31, 2009 Carbon Credit and Trading - a key component of national and international emissions trading schemes. PanAmerican Properties on Carbon Credits: An Informational Web Site on Carbon Credits and the Use of Paulownia in Reforestation. The site includes a glossary of terms and sample documents pertinent to the Carbon Credit

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in Reforestation. The site includes a glossary of terms and sample documents pertinent to the Carbon Credit Industry. [show] v d e Global warming and climate change Categories: Climate change policy | Carbon finance This page was last modified on 3 July 2010 at 18:26. Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. See Terms of Use for details. Wikipedia is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization. Privacy policy About Wikipedia Disclaimers
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What Is Carbon Credit? | BNET

Wednesday, July 14, 2010 1:27 PM BNET Briefing What Is Carbon Credit? by Jessica Stillman Tags: Emission, British Petroleum Co Plc , Offset , Carbon, Government ...

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In step with the dramatic rise in C0 2 emissions and other pollutants in recent years, a v ariety of new financial markets hav e emerged, offering businesses key incentives aside from tax es and other punitive measures to slow down ov erall emissions growth and, ideally, global warming itself. A key feature of these markets is emissions trading, or cap-and-trade schemes, which allow companies to buy or sell credits that collectively bind all participating companies to an overall emissions limit. While markets operate for specific pollutants such as greenhouse gases and acid rain, by far the biggest emissions market is for carbon. In 2007, the trade market for C0 2 credits hit $60 billion worldwide almost double the amount from 2006. Key Stats

Size of global carbon credit market: Approximately $60 billion Amount of C02 the United States traded in 2007: Nearly 23 million metric tons Amount of C02 the EU traded in 2007: More than 1.6 billion metric tons download Email Share My BNET Twitter del.icio.us Google StumbleUpon Newsvine Facebook LinkedIn Digg My Yahoo Technorati Reddit Print Recommend 33

How It Works

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Emissions limits and trading rules vary country by country, so each emissions-trading market operates differently. For nations that have signed the Kyoto Protocol, which holds each country to its own C02 limit, greenhouse gas-emissions trading is mandatory. In the United States, which did not sign the environmental agreement, corporate participation is voluntary for emissions schemes such as the Chicago Climate Exchange. Yet a few general principles apply to each type of market. Under a basic cap-and- trade scheme, if a companys carbon emissions fall below a set allowance, that company can sell the difference in the form of credits to other companies that exceed their limits. Another fast-growing voluntary model is carbon offsets. In this global market, a set of middlemen companies, called offset firms, estimate a companys emissions and then act as brokers by offering opportunities to invest in carbonreducing projects around the world. Unlike carbon trading, offsetting isnt yet government regulated in most countries; it s up to buyers to verify a project s environmental worth. In theory, for every ton of C02 emitted, a company can buy certificates attesting that the same amount of greenhouse gas was removed from the atmosphere through renewable energy projects such as tree planting. Why It Matters Now Industry watchers say carbon markets will continue to grow at a fast clip especially in the United States, where Fortune 500 powerhouses such as DuPont, Ford, and IBM are voluntarily capping and trading their emissions. Even though a national cap on carbon emissions doesnt yet exist in the United States, most consider it inevitable, and legislators are already pushing the issue in Congress. Its not just governments who are demanding emissions compliance consumers want it, too. The commit ment a company makes to curb its pollutant output is an increasingly public aspect of strategy. More and more employees are taking these factors into account when deciding where to work. A recent study from MonsterTRAK found that 80 percent of young professionals want their work to impact the environment in a positive way, and 92 percent prefer to work for an environmentally friendly company. Why It Matters to Y ou Lets say a company cant afford to modify its operations to reduce C02 . Purchasing carbon credits or offsets buys it time to figure out how to operate within C02 limits. For others, it can be a cost-effective tool to help lower emissions while earning public praise for the effort. Each credit a company buys on the Chicago Climate Exchange usually for about $2 means another company will remove the equivalent of one metric ton of carbon. The Adv antages Companies in different industries face dramatically different costs to lower their emissions. A market-based approach allows companies to take carbon-reducing measures that everyone can afford. The private sector is better at developing diversified approaches to manage the costs and risks [of reducing emissions], says Jesse Fahnestock, spokesman at Swedish power company Vattenfall, which is a member of a global Combat Climate Change coalition. Reducing emissions and lowering energy consumption is usually good for the core business. For example, in 1997 British energy company BP committed to bring its emissions down to 10 percent below 1990 levels. After taking simple steps like tightening valves, changing light bulbs, and improving operations efficiency, BP implemented an internal cap-and-trade scheme and met its emissions goal by the end of 2001 nine years ahead of schedule. Using the combined C02 reduction strategy, BP reported saving about $650 million. Then theres the long-term investment angle: Buying into the carbon market boom now suggests significant dividends later on. Carbon credits are relatively cheap now, but their value will likely rise, giving companies another reason to participate. The Disadv antages

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As with any financial market, emissions traders are vulnerable to significant risk and volatility. The EUs trading scheme (EU-ETS), for instance, issued so many permits between 2005 and 2007 that it flooded the market. Supply soared and carbon prices bottomed out, removing incentives for companies to trade. Enforcement of trading rules can be just as unpredictable, though Fahnestock says the EU is working to correct the problems. Carbon offsets have their own drawbacks, which reflect a fast-growing and unregulated market. Some offset firms in the United States and abroad have been caught selling offsets for normal operations that do not actually take any additional C02 out of the atmosphere, such as pumping C02 into oil wells to force out the remaining crude. In 2008 the Climate Group, the International Emissions Trading Association, and the World Economic Forum will work to develop a Voluntary Carbon Standard to verify that offsetting projects are beyond business-as-usual and have lasting environmental value. The lack of offset regulations has also made marketing problematic. Recently, companies have taken to declaring themselves carbon neutral. But until the Federal Trade Commission determines the guidelines for such terms, its unclear which companies actually merit the distinction. Already Vail Resorts, the organizers of the Academy Awards, and other organizations have taken heat for touting their investments in carbon offset projects that were not entirely environmentally sound. Key Play ers Bank of America is a leader in carbon-reduction strategies. The bank recently launched a $20 billion, 10-year initiative to finance emission-reduction projects, invest in green technology, and facilitate carbon-credit trading. BP is among the most well-known companies to implement an internal cap-and-trade system. The company assigned its 150 units an emissions quota and allowed them to buy and sell carbon credits among themselves. The European Union Emission Trading Scheme (EU ETS) is the mandatory cap-andtrade program for the EU. The Chicago Climate Exchange (CCX) is a U.S. carbon-trading scheme in which companies make a voluntary but legally binding commitment to meet emissions targets. How to Talk About It Cap-and-trade scheme: A market approach to reducing greenhouse gases that works by setting emissions targets. Governments or businesses that reduce their carbon outputs in excess of the target can sell the difference to those who produce more than the limit. This is the favored solution of many business groups. MACs: Marginal abatement costs refer to the cost of cutting C02 emission, which varies from country to country and industry to industry. Free-market environmentalism: This theory holds that the free market, which offers economic incentives, is the best tool to address global warming. This view goes against the traditional approach to environmentalism, which looks to government regulation to prevent environmental destruction. Further Reading The Combat Climate Change Roadmap, the 3C Initiatives recommendations to political leaders Getting Ahead of the Curve: Corporate Strategies That Address Climate Change , a report of the Pew Center on Global Climate Change Industry Caught in Carbon Smokescreen, Financial Times, April 25, 2007, on the

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Industry Caught in Carbon Smokescreen, Financial Times, April 25, 2007, on the problems with carbon offsetting A Green Employ ment Tax Swap: Using a Carbon Tax to Finance Payroll Tax Relief , by Gilbert Metcalf, discusses the advantages of a revenue-neutral carbon tax Another Inconvenient Truth, BusinessWeek, March 26, 2007, on carbon-offset deals that dont deliver what they promise Join the largest community of Business leaders on the web. BNET members receive FREE access to:

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Indian Earth Observation Visualisation

Monday, July 26, 2010 7:09 PM

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About Bhuvan: Bhuvan gives you an easy way to experience, explore and visualize IRS images over Indian region ISRO is well known amongst space faring nations for its world-leading reputation in developing new, indigenous and innovative service oriented applications using remote sensing technology. Over the past 2 decades, ISRO has mastered the art of developing these unique applications using various spectral, spatial and temporal resolutions offered by the versatile IRS satellites and these have been successfully institutionalized in many important areas of policy making, natural resources management, disaster support, and enhancing the quality of life across all sections of the society.
Bhuvan is an initiative to showcase this distinctiveness of Indian imaging capabilities including the thematic information derived from such imagery which could be of vital importance to common man with a focus on Indian region. Bhuvan, an ambitious project of ISRO to take Indian images and thematic information in multiple spatial resolutions to people through a web portal through easy access to information on basic natural resources in the geospatial domain. Bhuvan showcases Indian images by the superimposition of these IRS satellite imageries on 3D globe. It displays satellite images of varying resolution of Indias surface, allowing users to visually see things like cities and important places of interest looking perpendicularly down or at an oblique angle, with different perspectives and can navigate through 3D viewing environment. The degree of resolution showcased is based on the points of interest and popularity, but most of the Indian terrain is covered upto at least 5.8 meters of resolution with the least spatial resolution being 55 meters from AWifs Sensor. With such rich content, Bhuvan opens the door to graphic visualisation of digital geospatial India allowing individuals to experience the fully interactive terrain viewing capabilities. Multi-resolution images from multi-sensor IRS satellites of India is seamlessly depicted through the Bhuvan web portal by enabling a common man to zoom into specific area of interest at high resolution. Bhuvan brings a whole lot of uniqueness in understanding our own natural resources whilst presenting beautiful images and thematic vectors generated from varieties of geospatial information. Bhuvan will also attempt to bring out the importance of multi temporal data and to highlight the changes taking place to our natural resources, which will serve as a general awareness on our changing planet. There are lot more special value added services which will be enabled onto the web portal in
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more special value added services which will be enabled onto the web portal in due course of time and each one of those services are going to be unique to preserving and conserving our precious natural resources through public participation. We are sure the common man will get rich benefits from these Indian geospatial data services in days to come. IRS Data Products Thematic Information NRDB ISRO 2009 Data Policy Contact English l

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Official Blog site of Narendra Modi | Chief Minister Government of Gujarat | Terrorism and that too saffron terrorism?
Tuesday, September 07, 2010 10:48 PM

Terrorism and that too saffron terrorism?

by Narendra Modi 1. September 2010 19:46

Friends,

The Home Minister Shri Chidambaramji who represents the Congress government should recall the history of the chair that he now sits which was once occupied by the Iron Man Sardar Patel who added lustre to it. If he recalls this rightly he would not have thought with such a bad intention to coin an imaginary and false term saffron terrorism. This accusation leveled by the Central government is not as if it was said in anger at an election rally. But this was said at a very important and sensitive conference of State police chiefs and InspectorGenerals of Police which he inaugurated. And it was therefore a prepared speech. This mischief cannot be dismissed as an insignificant event. The Central Congress governments home minister has indeed stepped outside the boundaries of the Constitution when he made such an irresponsible statement. By this statement the security forces and the police have been provoked to act in a certain way against a certain class of people. This is an anti-constitutional behaviour. The Central government by speaking about saffron terror has gravely insulted its own parent the Congress party itself. The home minister of the nation should be aware that the Congress in 1931 had established the Flag Samiti whose head was Dr Rajendra Prasadji. And the members of this samiti were great men like Pandit Jawaharlal Nehru, Shri Moulana Azad, Shri Master Tara Singh, Dr Ambedkar, Kakasaheb Kalelkar, Kanhaiya Lal Munishi. The members had recommeded that the national flag of India should be of a single colour and should be of saffron. Then how can the Central Congress government spread canards about saffron terror? Friends, the present Tri-colour to which we Indians bow has saffron in its unique glory. The Centre must reply to the people of India whether the Tri-colour has turned into a symbol of terrorism due to its saffron colour? Friends, in our thousand years of slavery our great patriots in each time period had been sacrificing themselves under the shadow of the saffron flag. Does the Central Congress government desire that in protecting this countrys heritage those who had sacrificied themselves like Guruputras, Chattrapati Shivaji, Rana Pratap and lakhs of brave Kshatriyas had sacrificed at the altar of saffron terror? Should we heap infamy on the bravery and sacrifices as recorded in our age-old Indian history? Friends, from Vedas to Vivekananda the contribution of our sants and mahants has been eternal as all of them wore saffron-coloured clothes. The saffron-attired young sanyasi Vivekananda had enhanced the prestige of India in the comity of nations. Is this sacrifice of tapasvis like Vivekananda could possibly form part of saffron terror tradition for the Congress government? The politics of votebanks and appeasement has destroyed this country. This canard of saffron terror has been spread as part of a devious political votebank and appeasement game. The country can never tolerate such dirty political games. Such insult to our great ancient culture can never be tolerated. Youths, rise and awake and demand an answer.. Yours,

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C omments (253)

Comments
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Areas Under RUDA

Table Showing The Names Of Villages Included in the Jurisdiction Of RUDA.

No
Rajkot 1 2 3 4

Name of Village

Male

Female Total

No
31

Name of Village
Kankot

Male
580

Female Total
533 1113

Parapipalia Rajgadha Gauridad Manharpur

845 236 1737 1456

779 201 1635 1340

1624 437 3372 2796

32 33
34 35 Lodhika

Ratanpar
Gunda Hadmatia

700
348 478

666 3273
347 460

1366 6959
695 938

Kuvadava 3686

5 6
7 8 9 10

Kothariya Madhapar
Ronki Nakrawadi Dhamalpar Targhadia

5191 1995
84 667 446 746

4657 1751
82 697 412 682

9848 3746
166 1364 858 1428

36
37

Jashawan 172 tpur

Pal 1034

154
919

326
1953

38
39 40 41 42

Kangasiya 776 ni
Pardi Haripar (Pal) Vajdi Vad 1255 787 689

606
1104 679 611 1064

1382
2359 1466 1300 2195

11 12
13

Maliasan Sokhada
Anandpar(N avagam)

1418 650
3855

1317 607
3418

2735 1257
7273

14 15
16 17 18 19 20

Munjka Vajdi Gadha

Motamava Vejagam Kheradi Thebachada Mahika

1148 344
1632 608 1483 836 911

1043 337
1421 586 1453 801 811

2191 681
3053 1194 2936 1637 1722

Khirsara 1131 (Ranmalji )

43 44
45 46 Padadha ri 47 48 49 50 51

Metoda Rataiya
Dholara Devgam

1152 443
908 629

866 433
946 692

2018 876
1854 1321

21 22
23

Vavdi Lapasari

1125 571

1033 483
918

2158 1054
1898

Khandheri 438 Nyara Targhadi Baghi Narnka 982 1766 367 624

407 909 1506 327 571

845 1891 3272 694 1195

Khokhadada 980 d

24 25
26 27 28 29 30

Ghanteswar Bedi
Amargadha Kalipat Vadali Thorala VajdiVirada

2161 1703
604 1152 986 0 778

1926 1610
536 1088 871 0 589

4087 3313
1140 2240 1857 0 1367

Kotada Sangani
52 53 Shapar Veraval 4559 7751 2589 5581 7148 13332

Tankara
54 VijayNaga 218 r Total 67821 235 58562 453 126383

Unfiled Notes Page 16

184 Safari - Gujarati Magazine from India | Harshal Publications

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Unfiled Notes Page 20

Friday, April 08, 2011 9:52 PM

[105th Congress Public Law 366] [From the U.S. Government Printing Office] <DOC> [DOCID: f:publ366.105] [[Page 3301]] INTERNATIONAL ANTI-BRIBERY AND FAIR COMPETITION ACT OF 1998 [[Page 112 STAT. 3302]] Public Law 105-366 105th Congress An Act

To amend the Securities Exchange Act of 1934 and the Foreign Corrupt Practices Act of 1977 to improve the competitiveness of American business and promote foreign commerce, and for other purposes. <<NOTE: Nov. 10, 1998 - [S. 2375]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: International Anti-Bribery and Fair Competition Act of 1998.>> SECTION 1. SHORT TITLE. <<NOTE: 15 USC 78a note.>> This Act may be cited as the ``International Anti-Bribery and Fair Competition Act of 1998''. SEC. 2. AMENDMENTS TO THE FOREIGN CORRUPT PRACTICES ACT GOVERNING ISSUERS. (a) Prohibited Conduct.--Section 30A(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78dd-1(a)) is amended-(1) by amending subparagraph (A) of paragraph (1) to read as follows: ``(A)(i) influencing any act or decision of such foreign official in his official capacity, (ii) inducing such foreign official to do or omit to do any act in violation of the lawful duty of such official, or (iii) securing any improper advantage; or''; (2) by amending subparagraph (A) of paragraph (2) to read as follows: ``(A)(i) influencing any act or decision of such party, official, or candidate in its or his official capacity, (ii) inducing such party, official, or candidate to do or omit to do an act in violation of the lawful duty of such party, official, or candidate, or
Unfiled Notes Page 21

lawful duty of such party, official, or candidate, or (iii) securing any improper advantage; or''; and (3) by amending subparagraph (A) of paragraph (3) to read as follows: ``(A)(i) influencing any act or decision of such foreign official, political party, party official, or candidate in his or its official capacity, (ii) inducing such foreign official, political party, party official, or candidate to do or omit to do any act in violation of the lawful duty of such foreign official, political party, party official, or candidate, or (iii) securing any improper advantage; or''. (b) Officials of International Organizations.--Paragraph (1) of section 30A(f) of the Securities Exchange Act of 1934 (15 U.S.C. 78dd1(f)(1)) is amended to read as follows: ``(1)(A) The term `foreign official' means any officer or employee of a foreign government or any department, agency, [[Page 112 STAT. 3303]] or instrumentality thereof, or of a public international organization, or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality, or for or on behalf of any such public international organization. ``(B) For purposes of subparagraph (A), the term `public international organization' means-``(i) an organization that is designated by Executive order pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288); or ``(ii) any other international organization that is designated by the President by Executive order for the purposes of this section, effective as of the date of publication of such order in the Federal Register.''. (c) Alternative Jurisdiction Over Acts Outside the United States.-Section 30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd-1) is amended-(1) by adding at the end the following: ``(g) Alternative Jurisdiction.-``(1) It shall also be unlawful for any issuer organized under the laws of the United States, or a State, territory, possession, or commonwealth of the United States or a political subdivision thereof and which has a class of securities registered pursuant to section 12 of this title or which is required to file reports under section 15(d) of this title, or for any United States person that is an officer, director, employee, or agent of such issuer or a stockholder thereof acting on behalf of such issuer, to corruptly do any act outside the United States in furtherance of an offer, payment, promise to pay, or authorization of the payment of any money, or offer, gift, promise to give, or authorization of the giving of anything of value to any of the persons or entities set forth in paragraphs (1), (2), and (3) of subsection (a) of this section for the purposes set forth therein, irrespective of whether such issuer or such officer, director, employee, agent, or
Unfiled Notes Page 22

issuer or such officer, director, employee, agent, or stockholder makes use of the mails or any means or instrumentality of interstate commerce in furtherance of such offer, gift, payment, promise, or authorization. ``(2) As used in this subsection, the term `United States person' means a national of the United States (as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) or any corporation, partnership, association, joint-stock company, business trust, unincorporated organization, or sole proprietorship organized under the laws of the United States or any State, territory, possession, or commonwealth of the United States, or any political subdivision thereof.''; (2) in subsection (b), by striking ``Subsection (a)'' and inserting ``Subsections (a) and (g)''; and (3) in subsection (c), by striking ``subsection (a)'' and inserting ``subsection (a) or (g)''. (d) Penalties.--Section 32(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78ff(c)) is amended-(1) in paragraph (1)(A), by striking ``section 30A(a)'' and inserting ``subsection (a) or (g) of section 30A''; (2) in paragraph (1)(B), by striking ``section 30A(a)'' and inserting ``subsection (a) or (g) of section 30A''; and (3) by amending paragraph (2) to read as follows: [[Page 112 STAT. 3304]] ``(2)(A) Any officer, director, employee, or agent of an issuer, or stockholder acting on behalf of such issuer, who willfully violates subsection (a) or (g) of section 30A of this title shall be fined not more than $100,000, or imprisoned not more than 5 years, or both. ``(B) Any officer, director, employee, or agent of an issuer, or stockholder acting on behalf of such issuer, who violates subsection (a) or (g) of section 30A of this title shall be subject to a civil penalty of not more than $10,000 imposed in an action brought by the Commission.''. SEC. 3. AMENDMENTS TO THE FOREIGN CORRUPT PRACTICES ACT GOVERNING DOMESTIC CONCERNS. (a) Prohibited Conduct.--Section 104(a) of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2(a)) is amended-(1) by amending subparagraph (A) of paragraph (1) to read as follows: ``(A)(i) influencing any act or decision of such foreign official in his official capacity, (ii) inducing such foreign official to do or omit to do any act in violation of the lawful duty of such official, or (iii) securing any improper advantage; or''; (2) by amending subparagraph (A) of paragraph (2) to read as follows: ``(A)(i) influencing any act or decision of such party, official, or candidate in its or his official capacity, (ii) inducing such party, official, or candidate to do or omit to do an act in violation of the lawful duty of such party, official, or candidate, or (iii) securing any improper advantage; or''; and (3) by amending subparagraph (A) of paragraph (3) to read as follows: ``(A)(i) influencing any act or decision of such
Unfiled Notes Page 23

``(A)(i) influencing any act or decision of such foreign official, political party, party official, or candidate in his or its official capacity, (ii) inducing such foreign official, political party, party official, or candidate to do or omit to do any act in violation of the lawful duty of such foreign official, political party, party official, or candidate, or (iii) securing any improper advantage; or''. (b) Penalties.--Section 104(g) of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2(g)) is amended-(1) by amending subsection (g)(1) to read as follows: ``(g)(1)(A) Penalties.--Any domestic concern that is not a natural person and that violates subsection (a) or (i) of this section shall be fined not more than $2,000,000. ``(B) Any domestic concern that is not a natural person and that violates subsection (a) or (i) of this section shall be subject to a civil penalty of not more than $10,000 imposed in an action brought by the Attorney General.''; and (2) by amending paragraph (2) to read as follows: ``(2)(A) Any natural person that is an officer, director, employee, or agent of a domestic concern, or stockholder acting on behalf of such domestic concern, who willfully violates subsection (a) or (i) of this section shall be fined not more than $100,000 or imprisoned not more than 5 years, or both. ``(B) Any natural person that is an officer, director, employee, or agent of a domestic concern, or stockholder acting on behalf [[Page 112 STAT. 3305]] of such domestic concern, who violates subsection (a) or (i) of this section shall be subject to a civil penalty of not more than $10,000 imposed in an action brought by the Attorney General.''. (c) Officials of International Organizations.--Paragraph (2) of section 104(h) of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2(h)) is amended to read as follows: ``(2)(A) The term `foreign official' means any officer or employee of a foreign government or any department, agency, or instrumentality thereof, or of a public international organization, or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality, or for or on behalf of any such public international organization. ``(B) For purposes of subparagraph (A), the term `public international organization' means-``(i) an organization that is designated by Executive order pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288); or ``(ii) any other international organization that is designated by the President by Executive order for the purposes of this section, effective as of the date of publication of such order in the Federal Register.''. (d) Alternative Jurisdiction Over Acts Outside the United States.-Section 104 of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2) is further amended-Unfiled Notes Page 24

78dd-2) is further amended-(1) by adding at the end the following: ``(i) Alternative Jurisdiction.-``(1) It shall also be unlawful for any United States person to corruptly do any act outside the United States in furtherance of an offer, payment, promise to pay, or authorization of the payment of any money, or offer, gift, promise to give, or authorization of the giving of anything of value to any of the persons or entities set forth in paragraphs (1), (2), and (3) of subsection (a), for the purposes set forth therein, irrespective of whether such United States person makes use of the mails or any means or instrumentality of interstate commerce in furtherance of such offer, gift, payment, promise, or authorization. ``(2) As used in this subsection, the term `United States person' means a national of the United States (as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) or any corporation, partnership, association, joint-stock company, business trust, unincorporated organization, or sole proprietorship organized under the laws of the United States or any State, territory, possession, or commonwealth of the United States, or any political subdivision thereof.''; (2) in subsection (b), by striking ``Subsection (a)'' and inserting ``Subsections (a) and (i)''; (3) in subsection (c), by striking ``subsection (a)'' and inserting ``subsection (a) or (i)''; and (4) in subsection (d)(1), by striking ``subsection (a)'' and inserting ``subsection (a) or (i)''. (e) Technical Amendment.--Section 104(h)(4)(A) of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2(h)(4)(A)) is amended by striking ``For purposes of paragraph (1), the'' and inserting ``The''. [[Page 112 STAT. 3306]] SEC. 4. AMENDMENTS TO THE FOREIGN CORRUPT PRACTICES ACT GOVERNING OTHER PERSONS. Title I of the Foreign Corrupt Practices Act of 1977 is amended by inserting after section 104 (15 U.S.C. 78dd-2) the following new section: ``SEC. 104A. PROHIBITED <<NOTE: 15 USC 78dd-3.>> FOREIGN TRADE PRACTICES BY PERSONS OTHER THAN ISSUERS OR DOMESTIC CONCERNS. ``(a) Prohibition.--It shall be unlawful for any person other than an issuer that is subject to section 30A of the Securities Exchange Act of 1934 or a domestic concern (as defined in section 104 of this Act), or for any officer, director, employee, or agent of such person or any stockholder thereof acting on behalf of such person, while in the territory of the United States, corruptly to make use of the mails or any means or instrumentality of interstate commerce or to do any other act in furtherance of an offer, payment, promise to pay, or authorization of the payment of any money, or offer, gift, promise to give, or authorization of the giving of anything of value to-``(1) any foreign official for purposes of-``(A)(i) influencing any act or decision of such foreign official in his official capacity, (ii) inducing
Unfiled Notes Page 25

foreign official in his official capacity, (ii) inducing such foreign official to do or omit to do any act in violation of the lawful duty of such official, or (iii) securing any improper advantage; or ``(B) inducing such foreign official to use his influence with a foreign government or instrumentality thereof to affect or influence any act or decision of such government or instrumentality, in order to assist such person in obtaining or retaining business for or with, or directing business to, any person; ``(2) any foreign political party or official thereof or any candidate for foreign political office for purposes of-``(A)(i) influencing any act or decision of such party, official, or candidate in its or his official capacity, (ii) inducing such party, official, or candidate to do or omit to do an act in violation of the lawful duty of such party, official, or candidate, or (iii) securing any improper advantage; or ``(B) inducing such party, official, or candidate to use its or his influence with a foreign government or instrumentality thereof to affect or influence any act or decision of such government or instrumentality, in order to assist such person in obtaining or retaining business for or with, or directing business to, any person; or ``(3) any person, while knowing that all or a portion of such money or thing of value will be offered, given, or promised, directly or indirectly, to any foreign official, to any foreign political party or official thereof, or to any candidate for foreign political office, for purposes of-``(A)(i) influencing any act or decision of such foreign official, political party, party official, or candidate in his or its official capacity, (ii) inducing such foreign official, political party, party official, or candidate to do or omit to do any act in violation of the lawful duty of such foreign official, political party, party official, or candidate, or (iii) securing any improper advantage; or [[Page 112 STAT. 3307]] ``(B) inducing such foreign official, political party, party official, or candidate to use his or its influence with a foreign government or instrumentality thereof to affect or influence any act or decision of such government or instrumentality, in order to assist such person in obtaining or retaining business for or with, or directing business to, any person. ``(b) Exception for Routine Governmental Action.--Subsection (a) of this section shall not apply to any facilitating or expediting payment to a foreign official, political party, or party official the purpose of which is to expedite or to secure the performance of a routine governmental action by a foreign official, political party, or party official. ``(c) Affirmative Defenses.--It shall be an affirmative defense to actions under subsection (a) of this section that-``(1) the payment, gift, offer, or promise of anything of value that was made, was lawful under the written laws and regulations of the foreign official's, political party's, party
Unfiled Notes Page 26

regulations of the foreign official's, political party's, party official's, or candidate's country; or ``(2) the payment, gift, offer, or promise of anything of value that was made, was a reasonable and bona fide expenditure, such as travel and lodging expenses, incurred by or on behalf of a foreign official, party, party official, or candidate and was directly related to-``(A) the promotion, demonstration, or explanation of products or services; or ``(B) the execution or performance of a contract with a foreign government or agency thereof. ``(d) Injunctive Relief.-``(1) When it appears to the Attorney General that any person to which this section applies, or officer, director, employee, agent, or stockholder thereof, is engaged, or about to engage, in any act or practice constituting a violation of subsection (a) of this section, the Attorney General may, in his discretion, bring a civil action in an appropriate district court of the United States to enjoin such act or practice, and upon a proper showing, a permanent injunction or a temporary restraining order shall be granted without bond. ``(2) For the purpose of any civil investigation which, in the opinion of the Attorney General, is necessary and proper to enforce this section, the Attorney General or his designee are empowered to administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any books, papers, or other documents which the Attorney General deems relevant or material to such investigation. The attendance of witnesses and the production of documentary evidence may be required from any place in the United States, or any territory, possession, or commonwealth of the United States, at any designated place of hearing. ``(3) In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Attorney General may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, or other documents. Any such court may issue an order requiring such person to appear before the [[Page 112 STAT. 3308]] Attorney General or his designee, there to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. ``(4) All process in any such case may be served in the judicial district in which such person resides or may be found. The Attorney General may make such rules relating to civil investigations as may be necessary or appropriate to implement the provisions of this subsection. ``(e) Penalties.-``(1)(A) Any juridical person that violates subsection (a) of this section shall be fined not more than $2,000,000. ``(B) Any juridical person that violates subsection (a) of this section shall be subject to a civil penalty of not more
Unfiled Notes Page 27

this section shall be subject to a civil penalty of not more than $10,000 imposed in an action brought by the Attorney General. ``(2)(A) Any natural person who willfully violates subsection (a) of this section shall be fined not more than $100,000 or imprisoned not more than 5 years, or both. ``(B) Any natural person who violates subsection (a) of this section shall be subject to a civil penalty of not more than $10,000 imposed in an action brought by the Attorney General. ``(3) Whenever a fine is imposed under paragraph (2) upon any officer, director, employee, agent, or stockholder of a person, such fine may not be paid, directly or indirectly, by such person. ``(f) Definitions.--For purposes of this section: ``(1) The term `person', when referring to an offender, means any natural person other than a national of the United States (as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) or any corporation, partnership, association, joint-stock company, business trust, unincorporated organization, or sole proprietorship organized under the law of a foreign nation or a political subdivision thereof. ``(2)(A) The term `foreign official' means any officer or employee of a foreign government or any department, agency, or instrumentality thereof, or of a public international organization, or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality, or for or on behalf of any such public international organization. ``(B) For purposes of subparagraph (A), the term `public international organization' means-``(i) an organization that is designated by Executive order pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288); or ``(ii) any other international organization that is designated by the President by Executive order for the purposes of this section, effective as of the date of publication of such order in the Federal Register. ``(3)(A) A person's state of mind is knowing, with respect to conduct, a circumstance or a result if-``(i) such person is aware that such person is engaging in such conduct, that such circumstance exists, or that such result is substantially certain to occur; or [[Page 112 STAT. 3309]] ``(ii) such person has a firm belief that such circumstance exists or that such result is substantially certain to occur. ``(B) When knowledge of the existence of a particular circumstance is required for an offense, such knowledge is established if a person is aware of a high probability of the existence of such circumstance, unless the person actually believes that such circumstance does not exist. ``(4)(A) The term `routine governmental action' means only an action which is ordinarily and commonly performed by a foreign official in-Unfiled Notes Page 28

foreign official in-``(i) obtaining permits, licenses, or other official documents to qualify a person to do business in a foreign country; ``(ii) processing governmental papers, such as visas and work orders; ``(iii) providing police protection, mail pick-up and delivery, or scheduling inspections associated with contract performance or inspections related to transit of goods across country; ``(iv) providing phone service, power and water supply, loading and unloading cargo, or protecting perishable products or commodities from deterioration; or ``(v) actions of a similar nature. ``(B) The term `routine governmental action' does not include any decision by a foreign official whether, or on what terms, to award new business to or to continue business with a particular party, or any action taken by a foreign official involved in the decision-making process to encourage a decision to award new business to or continue business with a particular party. ``(5) The term `interstate commerce' means trade, commerce, transportation, or communication among the several States, or between any foreign country and any State or between any State and any place or ship outside thereof, and such term includes the intrastate use of-``(A) a telephone or other interstate means of communication, or ``(B) any other interstate instrumentality.''. SEC. 5. TREATMENT <<NOTE: President. 15 USC 78dd-1 note.>> OF INTERNATIONAL ORGANIZATIONS PROVIDING COMMERCIAL COMMUNICATIONS SERVICES. (a) Definition.--For purposes of this section: (1) International organization providing commercial communications services.--The term ``international organization providing commercial communications services'' means-(A) the International Telecommunications Satellite Organization established pursuant to the Agreement Relating to the International Telecommunications Satellite Organization; and (B) the International Mobile Satellite Organization established pursuant to the Convention on the International Maritime Satellite Organization. (2) Pro-competitive privatization.--The term ``procompetitive privatization'' means a privatization that the President determines to be consistent with the United States policy of obtaining full and open competition to such organizations [[Page 112 STAT. 3310]] (or their successors), and nondiscriminatory market access, in the provision of satellite services. (b) Treatment as Public International Organizations.-(1) Treatment.--An international organization providing commercial communications services shall be treated as a public
Unfiled Notes Page 29

commercial communications services shall be treated as a public international organization for purposes of section 30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd-1) and sections 104 and 104A of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2) until such time as the President certifies to the Committee on Commerce of the House of Representatives and the Committees on Banking, Housing and Urban Affairs and Commerce, Science, and Transportation that such international organization providing commercial communications services has achieved a procompetitive privatization. (2) Limitation on effect of treatment.--The requirement for a certification under paragraph (1), and any certification made under such paragraph, shall not be construed to affect the administration by the Federal Communications Commission of the Communications Act of 1934 in authorizing the provision of services to, from, or within the United States over space segment of the international satellite organizations, or the privatized affiliates or successors thereof. (c) Extension of Legal Process.-(1) In general.--Except as required by international agreements to which the United States is a party, an international organization providing commercial communications services, its officials and employees, and its records shall not be accorded immunity from suit or legal process for any act or omission taken in connection with such organization's capacity as a provider, directly or indirectly, of commercial telecommunications services to, from, or within the United States. (2) No effect on personal liability.--Paragraph (1) shall not affect any immunity from personal liability of any individual who is an official or employee of an international organization providing commercial communications services. (3) Effective date.--This subsection shall take effect on May 1, 1999. (d) Elimination or Limitation of Exceptions.-(1) Action required.--The President shall, in a manner that is consistent with requirements in international agreements to which the United States is a party, expeditiously take all appropriate actions necessary to eliminate or to reduce substantially all privileges and immunities that are accorded to an international organization described in subparagraph (A) or (B) of subsection (a)(1), its officials, its employees, or its records, and that are not eliminated pursuant to subsection (c). (2) Designation of agreements.--The President shall designate which agreements constitute international agreements to which the United States is a party for purposes of this section. (e) Preservation of Law Enforcement and Intelligence Functions.-Nothing in subsection (c) or (d) of this section shall affect any immunity from suit or legal process of an international organization providing commercial communications services, or the privatized affiliates or successors thereof, for acts or omissions-[[Page 112 STAT. 3311]] (1) under chapter 119, 121, 206, or 601 of title 18, United
Unfiled Notes Page 30

(1) under chapter 119, 121, 206, or 601 of title 18, United States Code, the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), section 514 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 884), or Rule 104, 501, or 608 of the Federal Rules of Evidence; (2) under similar State laws providing protection to service providers cooperating with law enforcement agencies pursuant to State electronic surveillance or evidence laws, rules, regulations, or procedures; or (3) pursuant to a court order. (f) Rules of Construction.-(1) Negotiations.--Nothing in this section shall affect the President's existing constitutional authority regarding the time, scope, and objectives of international negotiations. (2) Privatization.--Nothing in this section shall be construed as legislative authorization for the privatization of INTELSAT or Inmarsat, nor to increase the President's authority with respect to negotiations concerning such privatization. SEC. 6. ENFORCEMENT AND MONITORING. <<NOTE: 15 USC 78dd-1 note.>> (a) Reports Required.--Not <<NOTE: Deadline.>> later than July 1 of 1999 and each of the 5 succeeding years, the Secretary of Commerce shall submit to the House of Representatives and the Senate a report that contains the following information with respect to implementation of the Convention: (1) Ratification.--A <<NOTE: Records.>> list of the countries that have ratified the Convention, the dates of ratification by such countries, and the entry into force for each such country. (2) Domestic legislation.--A description of domestic laws enacted by each party to the Convention that implement commitments under the Convention, and assessment of the compatibility of such laws with the Convention. (3) Enforcement.--As assessment of the measures taken by each party to the Convention during the previous year to fulfill its obligations under the Convention and achieve its object and purpose including-(A) an assessment of the enforcement of the domestic laws described in paragraph (2); (B) an assessment of the efforts by each such party to promote public awareness of such domestic laws and the achievement of such object and purpose; and (C) an assessment of the effectiveness, transparency, and viability of the monitoring process for the Convention, including its inclusion of input from the private sector and nongovernmental organizations. (4) Laws prohibiting tax deduction of bribes.--An explanation of the domestic laws enacted by each party to the Convention that would prohibit the deduction of bribes in the computation of domestic taxes. (5) New signatories.--A description of efforts to expand international participation in the Convention by adding new signatories to the Convention and by assuring that all countries which are or become members of the Organization for Economic Cooperation and Development are also parties to the Convention. (6) Subsequent efforts.--An assessment of the status of
Unfiled Notes Page 31

(6) Subsequent efforts.--An assessment of the status of efforts to strengthen the Convention by extending the [[Page 112 STAT. 3312]] prohibitions contained in the Convention to cover bribes to political parties, party officials, and candidates for political office. (7) Advantages.--Advantages, in terms of immunities, market access, or otherwise, in the countries or regions served by the organizations described in section 5(a), the reason for such advantages, and an assessment of progress toward fulfilling the policy described in that section. (8) Bribery and transparency.--An assessment of anti-bribery programs and transparency with respect to each of the international organizations covered by this Act. (9) Private sector review.--A description of the steps taken to ensure full involvement of United States private sector participants and representatives of nongovernmental organizations in the monitoring and implementation of the Convention. (10) Additional information.-In <<NOTE: Records.>> consultation with the private sector participants and representatives of nongovernmental organizations described in paragraph (9), a list of additional means for enlarging the scope of the Convention and otherwise increasing its effectiveness. Such additional means shall include, but not be limited to, improved recordkeeping provisions and the desirability of expanding the applicability of the Convention to additional individuals and organizations and the impact on United States business of section 30A of the Securities Exchange Act of 1934 and sections 104 and 104A of the Foreign Corrupt Practices Act of 1977. (b) Definition.--For purposes of this section, the term ``Convention'' means the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions adopted on November 21, 1997, and signed on December 17, 1997, by the United States and 32 other nations. Approved November 10, 1998. LEGISLATIVE HISTORY--S. 2375 (H.R. 4353): --------------------------------------------------------------------------HOUSE REPORTS: No. 105-802 accompanying H.R. 4353 (Comm. on Commerce). SENATE REPORTS: No. 105-277 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 144 (1998): July 31, considered and passed Senate. Oct. 9, considered and passed House, amended, in lieu of H.R. 4353. Oct. 14, Senate concurred in House amendment with amendments. Oct. 20, House concurred in a Senate amendment with an amendment and disagreed with other amendments. Oct. 21, Senate receded from certain amendments and concurred in another. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
Unfiled Notes Page 32

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): Nov. 10, Presidential statement. <all>
Inserted from <http://www.gpo.gov/fdsys/pkg/PLAW-105publ366/html/PLAW-105publ366.htm >

Unfiled Notes Page 33

Contrarian view on Jan Lokpal Bill: Conversation with Kartikeya Tanna

Friday, April 08, 2011 9:53 PM

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Contrarian view on Jan Lokpal Bill: Conversation with Kartikeya Tanna

Bar & Bench News Network

Apr 08, 2011

Bar & Bench spoke to Kartikeya Tanna ( pictured) on the Jan Lokpal Bill and the constitutional concerns it may pose. Kartikeya has researched and authored several articles on separation of powers, strengthening of existing organizations like the CBI and Judicial accountability.

Your views on the Jan Lokpal Bill The Act covers five situations: (a) allegations of offences punishable under the Prevention of Corruption Act; (b) complaints of misconduct; (c) grievances (defined broadly); (d) complaints from whistleblowers; and (e) complaints against the staff of Lokpal. The Jan Lokpal Bill seeks to place unfettered and unbridled power in the hands of the Lokpal to receive complaints on all five counts, initiate enquiries or investigation, assess preliminary investigations, pass orders as it deems fit and even prescribe fines, penalties and injunctions as it considers appropriate. A reading of Section 8 of the Bill provides indication of the excess powers it enjoys which include, inter alia, "blacklisting concerned firm or company involved in an act of corruption" or recommending penalties including the penalty of dismissal of a government employee and requiring the government to implement this binding decision within a week. Under Sections 9(3) [issue a search warrant], 10(2) [issuing writs and summons], 13(4) [contempt of court] and 13B [issuing Letters Rogatory], for example, the Bill require the law to 'treat the Lokpal as a court having necessary powers' in certain situations. Section 12 requires an assumption that members of Lokpal including the Chairperson are deemed police officers. Furthermore, Section 13A requires the Government to consult the Lokpal on the procedure to be followed in selection to ensure the integrity of the candidates selected to serve as special judges for adjudicating on offences listed in the Prevention of Corruption Act, 1988. Therefore, Lokpal intends to exercise functions that can clearly be considered "judicial" apart from policing, investigating and prosecutorial functions which can be considered as functions performed by the Executive. Do note that even though the Lokpal will be independent from the government, it still performs executive functions and is a part of the independent Executive. In Indira Nehru Gandhi vs. Raj Narain , the Court clearly stated that "[while] it is true that no express mention is made in our Constitution of vesting in the judiciary the judicial power as is to be found in the American Constitution, a division of the three main functions of Government is recognised in our Constitution ... It is not the intention that the powers of the Judiciary should be passed to or be shared by the Executive or the Legislature or that the powers of the Legislature or the Executive should pass to or be shared by the Judiciary. The Lokpal clearly performs a judicial function and is, therefore, not immune from adhering to the same standards of judicial independence, separation of powers and a system of checks and balances. And the Court has confirmed the relationship between the doctrine of separation of powers and rule of law last year in Union of India v R. Gandhi that rule of Law has several facets, one of which is that disputes of citizens will be decided by Judges who are independent and impartial; and that disputes as to legality of acts of the Government will be decided by Judges who are independent of the Executive.
With the Lokpal exercising powers and functions similar to the Executive and, to a significant extent, the Judiciary, this Bill might likely be held to infringe the principle of separation of powers. The scheme of the Act is devised so as to make Lokpal the receiver of complaints, investigator, prosecutor, judge, jury and the executioner.

Do you think the Jan Lokpal Bill will stand the test of the Courts? This system, which raises expectations of a conversion of 'a complaint slip (by the victim) to a pink slip (to the guilty public official)' is likely to be struck down by the Courts in view of long -standing principles of separation of powers and

Unfiled Notes Page 34

the Rule of Law governing the nation which I explained earlier. Your thoughts on accountability of Lokpal? Who is the Lokpal accountable to? The only situation where an appeal to the High Court against orders of the Lokpal is expressly permitted under this Bill is the case of non-disclosure of property held by a public servant. A legitimate query could thus be raised as to who the Lokpal is accountable to, considering its Chairperson, members and employees enjoy 'good faith immunity' under Section 27 which disallows lawsuits or proceedings as long as the Lokpal has acted in good faith. If the Lokpal performs all roles from receiving the complaint slip to handing over the pink slip and its decisions seem binding, who will keep the required check and balance on it?
Most critiques have questioned the drafting of the bill and mention that there are various inconsistencies

The Bill (currently in version 2.1) has some parts that are loosely drafted. For example, section 28B (2)(b) seems incomplete at a crucial juncture even though a recent version I read on a news website does not have that clause. Additionally, section 8(3) says that the Lokpal may suo motu initiate appropriate action if it becomes aware of a grievance (defined broadly under the Act). However, section 17 clearly states that Lokpal shall not entertain any requests for investigation into a grievance if the complainant has recourse before any other authority under any other law applicable or if the complainant inordinately delays in her recourse. This would probably cover most situations since most public departments do have redressal mechanisms which the public can avail of which then renders the operation of the Act as to the grievance ineligible.
Despite the fact that the drafting suffers from many infirmities, the courts are required to adopt the harmonious construction rule under the statutory interpretation laws and, therefore, the law may not be struck down on grounds of ambiguity or vagueness unlike in the United States. However, as a practical matter, to force the Government of India to pass this version as law and for a noble activist like Hazare to fast unto death until passage of the law which suffers from an infringement of the principle of separation of powers creates a difficult situation for our nation.

How will the Bill affect other institutions such as the CVC, which were instituted to battle corruption?
The Bill, as it is drafted, seeks to undermine the sanctity of the institutional framework of the country covering in its sweep many institutions that have hitherto functioned reasonably well. Even though, admittedly, the institutions are in need of incremental but certain reforms, the Bill seeks to, with one stroke, dilute the sanctity of the institutional framework of our country.

For example, it requires repeal of the Central Vigilance Commission, which was created under the orders of the apex court in Vineet Narain v Union of India . It requires CBI's anti-corruption unit in charge of investigating offences to be subsumed within itself. It attempts to replace a trial court which would issue search warrants or summons for discovery or production of certain documents. It also replaces the interim order making power of courts and their power to prescribe fines or levy penalties or order dismissal of employees. It replaces the police in the act of investigation. It has the potential to replace certain decision -making powers of the Executive, particularly in procedural and administrative matters and certain policy-making powers of the elected officials (for example, the policy decision to choose between an auction or a first-come-first-serve method for natural resources, under the pretext of a possible act of corruption). What are the next steps for both India Against Corruption and the Government? Clearly the existing systems have failed in curtailing corruption. The next step really is for the India Against Corruption committee to determine whether it is willing to abridge the essential principles enshrined in our Constitution. Their argument that politicians and governments have subverted democracy and the Constitution is, to some extent, true. However, a solution that seeks to provide a magic wand while concentrating power in the hands of one institution is a dangerous precedent that does not focus on systemic changes. A slow but certain process of evolution is replaced by the roar of revolution. But the roar has occluded a meaningful understanding of the impact of the Bill, particularly with the magnitude of institutions it sweeps across.
The government might consider making a Presidential reference to the Supreme Court to determine the constitutionality of this legislation to change the unnerving status quo while immediately enacting changes to the CBI laws that require prior approval of the Central Government before investigating acts of corruption allegedly committed by certain high-ranked public officials.

A reasonable alternative, within the institutional framework of the nation, is to set up a national independent prosecuting agency like the one I suggested in my article a month ago. It ensures that an independent counsel is appointed by a credible institution like the Supreme Court in a few select matters.

Unfiled Notes Page 35

Comments(1)
1. " this is very important and unavoidable Bill for the future of the India and everyone who is really concerned must
stand by Anna to eradicate this deep rooted problem.I am 100% with it and will support in any condition.".

Suryakant Sharma , London

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INDIA, GUJARAT
Department Who

Collector & District Magistrate and R&B Engineers of PWD

Collecto r and District Magistr ate and his Chitnis 12242 008

Total mismanagement of PWD city survey plot no 553 (Behind Welcome Vadodara Hotel, Race Course Road, Opp. MCube Mall, Baroda) Mafias modus operandi by the District Magistrate & Collector to intrude, encroach and harass decent residents of Anand Society with help of Raopura Police with intention to grab Anand societys city survey plot no. 554 There is aforesaid PWD city survey plot no. 553 whose actual entrance is on the west side towards Mangal Kiran Apartments, Race Course Road, in Baroda. However, the Collector and his corrupt officials have cordoned all the sides of PWD city survey plot no. 553 except for the east side (towards Anand Soceity) which is deliberately left open so that they can carry on all illegal activities pay and park income, rental income etc. Few years ago this plot was also a Matka and illicit liquor den. The dwellers of the plot are also harassing the decent residents of surrounding societies and have done considerable damage to the properties as well by doing such goondagiri. The Collector has also removed the barbed wire boundary fence on the eastern side with the help of the dwellers and corrupt engineers to pave a path in Anand Societys city survey plot no. 554 so that all illegal activities and mismanagement can be done easily without anybodys notice and knowledge. PWD city survey plot no. 553 is in total mess and pathetic state which you can very well come and see with your eyes as it is a heritage spot. The dwellers of the PWD city survey plot no. 553 sit in the plot for toilet and latrine and pollute the whole environment, which in turn has made life difficult for residents of adjacent residents of societies since there are lot of mosquitoes through out the year. As and when the residents of Anand Society approach Collectors Office for complaint, they are threatened that if at all anybody approaches then a false FIR will be filed against them and they have done to one of our societys residents and representative and he is continuously threatened by Raopura Police. Is Collector a mafia and are such PWD plots meant for such activities and harassing the decent residents with aid of DONS IN KHAKHI ????? It seems that Collector in Vadodara district is doing activities of land grabbing and minting money. The Collector had also once given order to the engineers to construct a wall on the eastern side of PWD city survey plot no. 553 but the corrupt Chitnis and Engineers stopped the work immediately so that they can carry on all illegal activities from eastern side towards Anand society. We have approached Collectors Office hundred times (with documentary proof) and now they have threatened us that if any body approaches then a false FIR will be filed and there will be perpetual harassment from the Police. This is nothing but goondagiri and goondaraj of Collector and his corrupt officials in Vadodara
Unfiled Notes Page 37

goondagiri and goondaraj of Collector and his corrupt officials in Vadodara district. It is high time we do something to stop this corruption in Vadodara where three or four decades are at least taken to decide the title of land which is very very surprising. E governance and RTI is all useless because Collector and the District Magistrate is the supreme and it is his birth right to do CORRUPTION and encourage the same down the line. The residents of Anand Soceity have left no stone unturned and no body - Mayor, MLAs, MPs etc are willing to sort out this problem and it seems that they will show interest only if there is some benefit to them (monetary). What will happen to a city/district whose Collector and District Magistrate is of this nature and on another side all Ministers and Politicians are fooling public that we will be Shangai in few years and will be at par with US. All bullshit old Complain against Dept of Revenue Ex. Dy. Collector Sytamp duty. Mr. S. K. Panchal 11420 09

I have made compalin againstMr. S. K. Panchal- Dy. Collector Stamp duty, Unit-2, Surat, Gujarat in 2006 to the Central vigilence commission , New Delhi for the huge corruption of Mr. S. K. Panchal. The amount of corruption was Rs. 300,000/- to Rs. 700,000/- per Day in Cash. and this was direct loss of Govt. of Gujarat or Central Govt. per day. I have disclosed this matter to the relevent departments in 2005 but the step were not taken due to the softness of the action takers. it seems more involvment of upper level officials as the amount was too much. This person was caught by Anti corruption beuro with the cash. in December 2006. to leave this person to do more mal practices. My Complain is that, Who is resonsible for this corruption for a long time even if some one informs about this matter to the upper level officials? This way the corrupted person gets very big open ground due to money power. Social reponsibilities of the discloser is only to inform to the vigilence but then the action must be taken by the responsible authorities. Now, Mr. S. K. Panchal, Who has made corruption of about more than Rs.25 crore will use the money and will come out as innotient from the court due to soft corner of the Govt. Advocates,action takers and other his favor makers. I want to make a big punishment to this person who had made a big loss to the state tresury. Harshad Mavani 0091-9374725446 AMC(Ahmedabd Municipal Corp) T.D.O (South Zone)Zonal office,Opp. Fire Brigade Maninagar A bad

Dear Sirs, I Have written varous letters to the concerned authority to give me the details about the construction done in A Bad Maskati Cloth dealer Co-op. Shops & warehousing Society Ltd. First letter I had written on 24th March 08 & subsequently followed by letters dated 01/5/08 ,02/7/08, 22/8/08, 25/9/08 & 17th Dec 08. But not a single requisite information desired had been answered. Last letter I received from Asst T D O vide letter no 1526 on dated 10/12/08 This is a case for the real welfare of the thousands of businessman of this Society. Thanking You M Binaykia

616200 9

Asstt.Commissioner of Commerical Tax-Unit-24

Asstt.Commissi oner of commercial Tax

882009

The Asstt.Commissioner of Commercial Tax is taking harrasing to

Unfiled Notes Page 38

The Asstt.Commissioner of Commercial Tax is taking harrasing to the dealers and negoating for birbe openly each manay dealers are very much problum with the officer but no body come forward for complant against him for fear of harashment. Custom office Clerks and higher officials

882009

Veraval is known for most fish exported in India. There are total of more than 4000 mechanized and 700 non-mechanized boats. Due to the terrorist attacks on India, it is made compulsory for every boats to report about their each fishing trip beforehand to the custom officials. The paper-work required for each trip is cumbersome and is so complex and lengthy that it takes more than 2 days to clear up things even after bribing clerks and officials of customs in Veraval city. For every sign for each boat, there is a fixed bribe amount of 20 rupees for each boat per each fishing trip. If you want to transfer the name of boat owner to another its usual to take 8 - 9 months before things actually start to roll. Recently it took me 9 months, and total amount of 32,000 rupees of bribing to get the boat name transferred. This is just a small piece of ice-berg of corruption going on in custom. I hope someone reads it and actually does something about it.
FOOD CORPORATION OF INDIA THE EXECU TIVE DIRECT OR MUMBA I

106200 9

THE E.D MUMBAI OF FCI SHRI SURENDERSINH IS NOT GIVING ME THE JUSTICE BECAUSE HE HIMSELF IN ONE OF THE INVOLVED OFFICERS INVOLVED IN IEGAL ACTIVITIES AS HE HAD PUNISHED ME ON THE BASIS OF ONE DEPARTMENTAL INQUIRY NO: 4 AT GANDHIDHAM KUTCH WHICH WAS CONDUCTED EX PARTE ARBITRARYLY DUE TO BIG CHAIN BECAUSE IT WAS HUGE CORRUPTION RELATED TO MY COMPLAINT. INSTEAD OF PUNISHING CULPRITS THE FCI`S SRM(GUJ) HAD CHARGESHEETED ME THAT I WAS BLACKMAILING OFFICERS BY MAKING FALSE COMPLAINTS. IN FACT THE FCI`S M.D`S VIGILANCE SQUAD OF SEPTEMBER 1997 HAD ESTABLISHED MY SAID COMPLAINT RELATED TO SAID INQUIRY AND MANY OTHER COMPLAINTS. HENCE I SHOULD HAVE BEEN AWARDED BUT CORRUPTED OFFICERS WERE PROMOTED AND CORRUPT J.M MR. RAJASHEKHDA RAO WAS APPOINTED AS THE JUDGE AGAINST ME IN ONE ANOTHER INQUIRY NO: 7 HENCE HE DISMISSED ME ON DOUBTS AND IMPOSED HUGE PENAL RENT UPON ME. IT WAS ALSO ESTABLISHED BY SAID M.D`S SQUAD BUT THERE IS NO MY VOICE IN FCI, NEITHER IAM REINSTATED ON SAID REPORT AS I WAS INNOCENT AND HARASSED NOR I AM GIVEN REFUND OF PENAL RENT OF RS. ABOUT 3 LAKHS WHICH WAS RECOVEED WITH DADAGIRI BY SAID BIAS J.M RAJASHEKHDA DUETO HIS BIG NEXUS TWO OTHER EMPLOYEES WERE ALSO IMPOSED PENAL RENT BY SAID J.M BUT THEY WERE REFUNDED ON THE GROUND THAT ORDER OF RAJASHEKHDA WAS UNFAIR AND ILLEGAL BUT THE SAID E.D IS NOT REFUNDING ME ONLY AS HE HIMSELF WAS IN HIS LEDAGUE WHEN HE WAS SRM GUJARAT NOW HE IS ENJOYING AS ZONAL MANAGER Ankalav Nagar Seva Sadan The Chief Officer

52471 1

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The Chief Officer, Anklav Nagar Seva Sadan, Ta. Anklav, Dist. Anand - 388 510, in Gujarat has placed an Order for desktop and laptop computers worth Rs.96,300/- and asked for a security deposit of Rs.4,815/- and an Agreement on stamp paper of Rs.100/-, which we did. Thereafter, we received an anonymous phone call on behalf of the President by the Chief Officer about TPC to be offerred to him, which was denied. As a result, the said Tender was cancelled and reinvited and our Security Deposit kept in abbeyance. This was a case of simple pressure tactics and arm twisting after cornering the Vendor with Security Deposit. It is understood for the State of Gujarat that under leadership of Honb'le Chief Minister: Shri Narendra Modi, corruption in state govt. does not prevails. We were also staunchly believing the same. However, this episode by a distant small town Nagar Palika has disturbed and deterred. Will you please look in to it and do the needful. Ahmedabad Muncipal Corporation Many illegal activites are going on with AMC North Zone office and its local offices here. A Housing society had been provided with materials which could be distributed through its own department for the works to be carried out under the supervision of its Engineers. The pipes, and tiles meant for Corporations own purpose is sold out for private individuals by AMC North Zone or by its Local office. Illegal gutter line connections had been done by crossing the service road of another society even after the information to the Central office as well as to the Zonal office. This is happening in large scale and AMC have no accountability about their stocks. Indian Space Research Organziation SAC Conus mer CoOperati ve store Civic Bodies

21201 0

912201 0

The SAC Conusmer Co-Operative store is a registered body (REGD No.BH-3324-1983), was formed form the service of the scientists at Space Application Center(SAC), Ahmedabad. SAC is part of the Indian Space Research Organization(ISRO). The SAC store, the tainted organization in question, has taken fixed deposits from 102 employees of SAC, the amount summing upto Indian rupees 40 lakhs in 1999-2000 at a previaling rate of interest 12-13% The unsuspecting scientists found investing their hard earned money with SAC store, firstly because it office was within the SAC premises and secondly it was run by employees of SAC itself,whom they trusted. The SAC stores refused to return the money and they fixed deposit(FD) holders approached the Consumer Redressal Forum, Ahmedabad City. A judgment was passed on 28-2-2003 directing the Executive committee members to pay back the fixed deposit amount with 12% interest and rupees 2000 as expenses. Till date only 22-25% of the money has been paid back and the remaining 78-75% of the principal and the entire interest and expenses are not paid back. There have been no steps taken by SAC or the parent organization ISRO for action against the perpetrators. Infact one member of the Executive committee was allowed a transfer to another city and another has retired, yet is receiving full pension. There have been promotion of other members as well. SAC, ISRO has taken no action what so ever against the criminals. If ISRO wanted, they could have stopped the salaries or diverted part of the salaries of these employees or could have stopped their promotions. Not award them with promotions, pay hikes, transfer on request & pensions. The office bearers who are tainted are H.R. Singh President, SAC Stores. V.H. Bhatt Vice President, SAC Stores. N.S. Nair Secretary, SAC Stores. S.J.Ozarkar Treasurer, SAC Stores. and other members of the executive committee. Possibly C.K.Shah and M.P.Patel past office beares of the store could also be tainted. All having
Unfiled Notes Page 40

91420 10

and M.P.Patel past office beares of the store could also be tainted. All having address SAC Consumers Co-Operative Stores. Ltd. SAC(ISRO), Jodhpur Tekra Ahmedabad 380015 Gujarat India. Further more, after the judgement, they accused went to higher courts and appealed against it.It seemed they hired a clever lawyer from our money,mixed and entangled the case in redtape,bribed judges,never allowed proper hearing or judgement, passed the onus to other office bearers of the society. We hear nothing new and no results come up. A few holders have died and justice would die a natural death. 1/ Huge sums of money not paid back by SAC Consumers CoOperative Stores. Ltd. 2/ No action taken by SAC(ISRO), despite repeated pleas. 3/ Court judgement not been executed. 4/ 102 people have waited over 10 years for money and have suffered at the hands of 7-8 people. 5/ People fear losing their jobs/lives if they strongly voice their complaint. 6/ An elite organization, which launched the world's cheapest moon mission, which brought India among the 6 nations to reach the moon is holded randsome by a few corrupt people./2010/09/14/sac-conusmer-co-operative-store-scam/ police head constabl e 121320 10

mr. imambax umarkhan baloch working in DCB CRIME BRANCH in vadodara Gujarat india is totally corrupted person. he tooks to much money from butlegar. he has to much property in his village mobha ta-padra divadoadara. he has two car One luxirious bunglow in vadoadara. he is also included in kashyap dhaka fake ancounter. he is also doing prohibited business. Gandhidham nagarpalika chief officer and other officer of Gandhidham nagarpalika get corruption from pas illgel bill near about rs. 50,00,00.00 fifty lakh police department police inspector, sp, acp, dcp. chief officer and other officer

312011

Hello. I am a business person. I am connect with restaurant business from last 9 years. Recently I am going to start my Owen restaurant in surat for that I have 2 gate police licence. I have applied for that but police inspector, sp, acp, dcp, all officers are askingy money for my licensing prosiger. they all are asking out of level moneys from me.
Sub Registrar Office

310201 1

Dhanji bhai

In order to get loan for my property I had to get previous true copies of the property's registered documents (in gujarat it is called as Khari Nakal). So, I contacted Mr. Dhanjibhai (sitting in the Sub-Registrar office) the person incharge and for this, the procedure is to fill up a form with Rs. 3 ticket on it and another Rs. 100 ticket for each document whose copy is needed. There were 3 copies needed to be done and I asked Dhanjibhai to do it and also gave him the tickets and filled up the form. He asked me to give money for it and since I am an Indian I knew I had to bribe him (black truth) and I gave him Rs. 500 for things to be done. But, he insisted to give Rs.900 (Rs. 300 per copy) and I told him I will look into it once the true copies are done (which maximum takes same day or next day). On visiting the next day, he said he had other work to do and didn't make the copies as he wanted more money. I was outraged and told him how important it was for me to get these copies done as I was in the middle of buying this property and submit for loan but he just turned deaf ears towards me and even told me if I want I can inform the higher authorities about it (which of course are corrupted as well). I am still waiting to get these copies done. The phone number of Dhanjibhai is 99242 19213 Regards, Indian Citize

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Pasted from <http://corruptionmonitor.com/cgi-bin/complaintsearch.cgi>

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Foreign Corrupt Practices Act - Wikipedia, the free encyclopedia

Friday, April 08, 2011 9:56 PM

Foreign Corrupt Practices Act

From Wikipedia, the free encyclopedia Jump to: navigation, search The Foreign Corrupt Practices Act of 1977 (FCPA) (15 U.S.C. 78dd-1, et seq.) is a United States federal law known primarily for two of its main provisions, one that addresses accounting transparency requirements under the Securities Exchange Act of 1934 and another concerning bribery of foreign officials.[1]

Contents
[hide] 1 Provisions and scope 1.1 Persons subject to the FCPA 2 History 3 Requirements 4 Application 5 See also 6 References 7 External links

[edit] Provisions and scope

The anti-bribery provisions of the FCPA prohibit: Issuers, domestic concerns, and any person from making use of interstate commerce corruptly, in furtherance of an offer or payment of anything of value to a foreign official, foreign political party, or candidate for political office, for the purpose of influencing any act of that foreign official in violation of the duty of that official, or to secure any improper advantage in order to obtain or retain business.

[edit] Persons subject to the FCPA

Issuers Includes any U.S. or foreign corporation that has a class of securities registered, or that is required to file reports under the Securities and Exchange Act of 1934 Domestic concerns Refers to any individual who is a citizen, national, or resident of the United States and any corporation and other business entity organized under the laws of the United States or having its principal place of business in the United States Any person covers both enterprises and individuals

[edit] History
As a result of U.S. Securities and Exchange Commission investigations in the mid-1970s, over 400 U.S. companies admitted making questionable or illegal payments in excess of $300 million to foreign government officials, politicians, and political parties. The abuses ran the gamut from bribery of high foreign officials to secure some type of favorable action by a foreign government to so-called facilitating payments that were made to ensure that government functionaries discharged certain ministerial or clerical duties. One major example was the Lockheed bribery scandals, in which officials of aerospace company Lockheed paid foreign officials to favor their company's products.[2] Another was the Bananagate scandal in which Chiquita Brands had bribed the President of Honduras to lower taxes. Congress enacted the FCPA to bring a halt to the bribery of foreign officials and to restore public confidence in the integrity of the American business system. The Act was signed into law by President Jimmy Carter on December 19, 1977, and amended in 1998 by the International Anti-Bribery Act of 1998 which was designed to implement the antibribery conventions of the Organization for Economic Co-operation and Development.
Unfiled Notes Page 43

bribery conventions of the Organization for Economic Co-operation and Development.

[edit] Requirements
The anti-bribery provisions of the FCPA make it unlawful for a U.S. person, and certain foreign issuers of securities, to make a payment to a foreign official for the purpose of obtaining or retaining business for or with, or directing business to, any person. Since 1998, they also apply to foreign firms and persons who take any act in furtherance of such a corrupt payment while in the United States. The meaning of foreign official is broad. For example, an owner of a bank who is also the minister of finance would count as a foreign official according to the U.S. government. Doctors at government-owned or managed hospitals are also considered to be foreign officials under the FCPA, as is anyone working for a government-owned or managed institution or enterprise. Employees of international organizations such as the United Nations are also considered to be foreign officials under the FCPA. There is no materiality to this act, making it illegal to offer anything of value as a bribe, including cash or non-cash items. The government focuses on the intent of the bribery rather than on the amount. The FCPA also requires companies whose securities are listed in the United States to meet its accounting provisions. See 15 U.S.C. 78m. These accounting provisions, which were designed to operate in tandem with the anti-bribery provisions of the FCPA, require corporations covered by the provisions to make and keep books and records that accurately and fairly reflect the transactions of the corporation and to devise and maintain an adequate system of internal accounting controls. An increasing number of corporations are taking additional steps to protect their reputation and reducing exposure by employing the services of due diligence companies. Identifying government-owned companies in an effort to identify easily overlooked government officials is rapidly becoming a critical component of more advanced anti-corruption programs. Regarding payments to foreign officials, the act draws a distinction between bribery and facilitation or "grease payments", which may be permissible under the FCPA but may still violate local laws. The primary distinction is that grease payments are made to an official to expedite his performance of the duties he is already bound to perform. Payments to foreign officials may be legal under the FCPA if the payments are permitted under the written laws of the host country. Certain payments or reimbursements relating to product promotion may also be permitted under the FCPA.

[edit] Application
Notable cases of the application of FCPA are with BAE Systems, Baker Hughes, Daimler AG, KBR, Lucent Technologies, Monsanto, Siemens, Titan Corporation, Triton Energy Limited, and Invision Technologies. Former Representative William J. Jefferson, Democrat of Louisiana, was charged with violating this act by bribing African governments for business interests.[3] The U.S. Justice Department and the Securities and Exchange Commission are currently investigating whether Hewlett Packard Company executives paid about $10.9 million in bribery money between 2004 and 2006 to the Prosecutor General of Russia "to win a million contract to supply computer equipment throughout Russia."[4]

[edit] See also

Convention against Corruption Politically exposed person The UK Bribery Act

[edit] References
1. ^ See generally T. Markus Funk, "Getting What They Pay For: The Far-Reaching Impact of the Dodd-Frank Act's "Whistleblower Bounty" Incentives for FCPA Enforcement", 5 BNA White Collar Crime Report 640 (2010). 2. ^ Rich, Ben R. and Janos, Leo. Skunk Works: A Personal Memoir of My Years at Lockheed. New York: Little Brown & Co., 1994, p. 10. ISBN 0-7515-1503-5. 3. ^ Stout, David (2009-08-06). "Ex-Rep. Jefferson Convicted in Bribery Scheme". The New York Times : p. A14. http://www.nytimes.com/2009/08/06/us/06jefferson.html. 4. ^ Crawford, David; Searcey, Dionne (April 16, 2010). "U.S. Joins H-P Bribery Investigation". The Wall Street Journal. http://online.wsj.com/article/SB10001424052702304628704575186151115576646.html? mod=WSJ_latestheadlines.

[edit] External links

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[edit] External links

This article includes a list of references, related reading or external links, but its sources remain unclear because it lacks inline citations. Please improve this article by introducing more precise citations where appropriate. (August 2009)

US Department of Justice page on the FCPA, including a lay person's guide (PDF) The American Bar Association's Global Anti-Corruption Initiatives Task Force Webpage. The European Anti-Bribery Blog. The FCPA and anti-bribery news with a European slant Indictments allege bribes were paid for Kazakstan oil 2 Americans accused -- but not U.S. firms, by Marlena Telvick, April 2003 Lucent fires four executives in China over allegations of bribery Report requests for bribes on BRIBEline Foreign Corrupt Practices Act, a CRS Report to U.S. Congress "Monsanto Company Charged with Bribing Indonesian Official" U.S. Department of State, 1/10/2005 Payload: Taking Aim at Corporate Bribery, by Nelson Schwartz and Lowell Bergman. Additional reporting by Marlena Telvick, New York Times, November 25, 2007. "At Siemens, Bribery Was Just a Line Item," by Siri Schubert, New York Times 12/21/2008. Corruption helped to build Siemens, but also cost it $1.6 billion, the largest fine for bribery in modern corporate history. This article is a joint report by ProPublica, a nonprofit investigative journalism organization, PBSs "Frontline," the Investigative Reporting Program at UC Berkeley and The New York Times. A related documentary will be broadcast on Frontline on April 7, 2009. "KBR charged with bribing Nigerian officials for contracts" CNN.com, February 2009 "Halliburton, U.S. Reach Settlement In Bribery Probe," All Things Considered, NPR, January 26, 2009. Halliburton Corp. has announced it will pay out more than $560 million to the Justice Department and the Securities and Exchange Commission to settle a probe into bribery and bid-rigging in contracts around the world. Investigative journalist Lowell Bergman talks about the settlement. [1] Compliance with FCPA [2] Compliance "The Business of Bribes" PBS Frontline and FRONTLINE/World (February 2009) A Pocket Guide to The FCPA (June 2009) David C. Weiss, The Foreign Corrupt Practices Act, SEC Disgorgement of Profits, and the Evolving International Bribery Regime: Weighing Proportionality, Retribution, and Deterrence, 30 Michigan Journal of International Law 471 (2009). For information about the UK Bribery Act (occasionally referred to as the FCPA on steroids) thebriberyact.com For more information about the UK Bribery Act and the FCPA see New York Law Journal, November 4, 2010, "White Collar Experts Are Recruited to Handle Expected Increase in Government Enforcements," and a quote in that article from M. Scott Peeler, a partner at Chadbourne & Parke, who when asked to compare the two acts, said, "It's the FCPA on steroids."

NEW U.S. ANTI-CORRUPTION LAW THE W HITE HOUSE Office of the Press Secre tary For Im mediate Release O ctober 17, 2000

STATEMENT BY THE PRESIDENT

Today I am pleased to sign into law H.R . 1143...[part of which]...authorizes a range of programs to promote good gove rnance and democratization overseas. The United States has long e ncouraged and funded programs that foster an independent media, establish audit offices for e xecutive agencies, and promote judicial reform. This legislation contains authority to provide assistance in furtherance of these programs to countries that would otherwise be prohibited from re ceiving U.S. assistance. W hile no direct assistance to the governments of such countries can be provided under this authority, the le gislation and its history make cle ar that assistance to such governments through nongovernmental organizations would be permissible... W ILLIAM J. CLINTON

Unfiled Notes Page 45

---------------------------------------------- HR 1143 - TITLE II--INTERNATIONAL ANTI -CORRUPTION AND GO O D GO VER NANC E AC T O F 2000

SEC. 201. SHORT TITLE.

This title may be cited as the `International Anti-Corruption and Good Governance Act of 2000'. SEC . 202. FINDINGS AND PURPOSE. (a) FINDINGS- Congress finds the following: (1) W idespread corruption e ndangers the stability and security of socie ties, undermines democracy, and je opardizes the social, political, and economic development of a society. (2) C orruption facilitates criminal activities, such as money laundering, hinders e conomic development, inflates the costs of doing business, and undermines the legitimacy of the government and public trust. (3) In January 1997 the Unite d Nations General Assembly adopted a re solution urging member states to carefully consider the problems posed by the international aspects of corrupt practices and to study appropriate legislative and regulatory measures to e nsure the transparency and integrity of financial systems. (4) The United States was the first country to crim inalize international bribery through the enactment of the Foreign C orrupt Practice s Act of 1977 and United State s leadership was instrumental in the passage of the Organization for Economic C ooperation and Development (O EC D) Convention on Combatting Bribery of Foreign Public O fficials in International Business Transactions. (5) The Vice Pre sident, at the Global Forum on Fighting C orruption in 1999, declared corruption to be a dire ct threat to the rule of law and the Secretary of State declare d corruption to be a matter of profound political and social conse quence for our e fforts to stre ngthen democratic governments. (6) The Secretary of State, at the InterAm e rican Development Bank's annual meeting in March 2000, declared that despite ce rtain economic achie vements, democracy is being threatened as citizens grow we ary of the corruption and favoritism of their official institutions and that e fforts must be made to improve governance if re spect for democratic institutions is to be re gained. (7) In May 1996 the O rganization of American States (OAS) adopted the Inter-American Convention Against C orruption re quiring countries to provide various forms of international cooperation and assistance to facilitate the prevention, investigation, and prosecution of acts of corruption. (8) Independent media, committed to fighting corruption and trained in investigative journalism te chniques, can both educate the public on the costs of corruption and act as a deterrent against corrupt officials. (9) C ompetent and independent judiciary, founded on a m e rit-based selection proce ss and trained to enforce contracts and protect property rights, is critical for cre ating a pre dictable and consistent environment for transparency in legal procedure s. (10) Independent and accountable le gislatures, re sponsive political parties, and transpare nt electoral proce sses, in conjunction with professional, accountable, and transparent financial management and procurement policies and procedures, are essential to the prom otion of good governance and to the combat of corruption. (11) Transparent business framework s, including m odern commercial codes and intellectual property rights, are vital to enhancing economic growth and decreasing corruption at all levels of society. (12) The United States should attempt to improve accountability in foreign countrie s, including by-- (A) promoting transparency and accountability through support for independent media, prom oting financial disclosure by public officials, political parties, and candidates for public office , open budgeting proce sses, adequate and e ffective internal control systems, suitable financial management systems, and financial and compliance re porting; (B) supporting the establishment of audit offices, inspectors general offices, third party m onitoring of government procurement proce sses, and anti-corruption agencies; (C) promoting re sponsive, transparent, and accountable legislatures that e nsure legislative oversight and whistle-blowe r protection; (D) prom oting judicial re forms that criminalize corruption and promoting law e nforcement that prosecutes corruption; (E) foste ring business practices that promote transparent, e thical, and competitive behavior in the private sector through the development of an effective legal framework for commerce , including anti-bribery laws, commercial code s that incorporate international standards for business practices, and protection of intellectual property rights; and (F) promoting free and fair national, state, and local e lections. (b) PURPOSE- The purpose of this title is to e nsure that United States assistance programs promote good gove rnance by assisting other countries to combat corruption throughout society and to improve transpare ncy and accountability at all levels of government and throughout the private sector. SEC . 203. DEVELOPMENT ASSISTANC E POLICY. (a) GENER AL POLICY- Section 101(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151(a)) is amended in the fifth se ntence-(1) by strik ing `four' and inserting `five'; (2) by strik ing `and' at the e nd of paragraph (3); (3) in paragraph (4), by striking the period at the e nd and inserting `; and'; and (4) by adding at the end the following: (5) the promotion of good governance through combating corruption and improving transpare ncy and accountability.'. (b) DEVELO PMENT ASSISTANCE POLICY- Se ction 102(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151-1(b)) is amended-(1) in paragraph (4)-(A) by strik ing `and' at the end of subparagraph (E); (B) in subparagraph (F), by striking the period at the end and inse rting `; and'; and (C) by adding at the e nd the following: `(G) progress in combating corruption and improving transparency and accountability in the public and private sector.'; and (2) by adding at the end the following:

`(17) Economic re form and development of e ffective institutions of democratic governance are mutually re inforcing. The succe ssful transition of a developing country is dependent upon the quality of its e conomic and governance institutions. R ule of law, m echanisms of accountability and transpare ncy, security of person, property, and inve stments, are but a few of the critical governance and e conomic re forms that underpin the sustainability of broad-based economic growth. Programs in support of such re forms strengthen the capacity of people to hold their gove rnments accountable and to cre ate economic opportunity.'.

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SEC . 204. DEPARTMENT OF THE TREASURY TEC HNICAL ASSISTANC E PROGRAM FOR DEVELO PING COUNTRIES.

Se ction 129(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151aa(b)) is amended by adding at the e nd the following:
`(3) EMPHASIS O N ANTI-CORRUPTION- Such technical assistance shall include e lements designed to combat anticom petitive, unethical, and corrupt activities, including protection against actions that may distort or inhibit transparency in mark et m echanisms and, to the extent applicable, privatization procedures.'. SEC . 205. AUTHORIZATION O F GOOD GO VER NANC E PROGRAMS. (a) IN GENER AL- C hapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 e t seq.), as amended by se ctions 105 and 107, is further amended by adding at the e nd the following: `SEC . 133. PROGRAMS TO ENC OURAGE GOOD GOVERNANC E. `(a) ESTABLISHMENT O F PROGRAMS`(1) IN GENER AL- The President is authorized to e stablish programs that combat corruption, improve transpare ncy and accountability, and promote other forms of good governance in countries described in paragraph (2). `(2) C O UNTRIES DESC RIBED- A country described in this paragraph is a country that is e ligible to re ceive assistance under this part (including chapter 4 of part II of this Act) or the Support for East European Democracy (SEED) Act of 1989. `(3) PR IORITY- In carrying out paragraph (1), the President shall give priority to establishing programs in countries that re ce ived a significant amount of United States foreign assistance for the prior fiscal year, or in which the United State s has a significant economic interest, and that continue to have the most persistent problems with public and private corruption. In determining which countries have the most persistent problems with public and private corruption under the pre ceding sentence, the President shall take into account criteria such as the Transparency Inte rnational Annual Corruption Perceptions Index, standards and codes set forth by the International Bank for R e construction and Development and the International Monetary Fund, and other re levant crite ria. `(4) R ELATION TO O THER LAWS`(A) IN GENER AL- Assistance provided for countries under programs e stablished pursuant to paragraph (1) may be m ade available notwithstanding any other provision of law that re stricts assistance to fore ign countries. Assistance provided under a program established pursuant to paragraph (1) for a country that would otherwise be re stricted from re ceiving such assistance but for the prece ding sentence may not be provided directly to the government of the country. `(B) EXC EPTION- Subparagraph (A) does not apply with re spect to -- `(i) section 620A of this Act or any com parable provision of law prohibiting assistance to countries that support international te rrorism; or `(ii) section 907 of the Freedom for R ussia and Emerging Eurasian Democracies and Open Mark ets Support Act of 1992. `(b) SPEC IFIC PROJECTS AND AC TIVITIES- The programs e stablished pursuant to subsection (a) shall include, to the e x te nt appropriate, proje cts and activities that-- `(1) support re sponsible independent media to promote oversight of public and private institutions; `(2) implement financial disclosure among public officials, political parties, and candidates for public office , open budgeting processes, and transpare nt financial management systems; `(3) support the establishment of audit offices, inspectors general offices, third party monitoring of government procure ment processes, and anti-corruption agencies; `(4) promote re sponsive, transparent, and accountable le gislatures and local governments that ensure le gislative and local oversight and whistle-blowe r protection; `(5) prom ote legal and judicial re forms that criminalize corruption and law e nforcement re forms and development that e ncourage prosecutions of crim inal corruption; `(6) assist in the development of a legal framework for commercial transactions that fosters business practices that promote transparent, ethical, and competitive behavior in the e conomic sector, such as commercial codes that incorporate international standards and protection of intellectual prope rty rights; `(7) promote free and fair national, state, and local elections; `(8) foster public participation in the le gislative process and public acce ss to government information; and `(9) e ngage civil society in the fight against corruption. `(c) C O NDUCT OF PROJECTS AND AC TIVITIES- Proje cts and activities under the programs established pursuant to subsection (a) may include, among other things, training and technical assistance (including drafting of anticorruption, privatization, and competitive statutory and administrative codes), drafting of anti -corruption, privatization, and competitive statutory and administrative codes, support for independent media and publications, financing of the program and operating costs of nongovernmental organizations that carry out such projects or activitie s, and assistance for travel of individuals to the United States and other countries for such projects and activitie s. `(d) ANNUAL R EPORT`(1) IN GENER AL- The Secre tary of State, in consultation with the Secretary of Commerce and the Administrator of the United States Agency for International De velopment, shall pre pare and transmit to the C ommittee on Inte rnational Relations and the C ommittee on Appropriations of the House of Representatives and the Committee on Fore ign R elations and the C ommittee on Appropriations of the Senate an annual re port on-- `(A) proje cts and activitie s carried out under programs e stablished under subsection (a) for the prior year in priority countries ide ntified pursuant to subsection (a)(3); and `(B) proje cts and activities carried out under programs to combat corruption, improve transparency and accountability, and promote other forms of good governance established unde r other provisions of law for the prior ye ar in such countries. `(2) R EQ UIRED CONTENTS- The re port re quired by paragraph (1) shall contain the following information with re spe ct to e ach country described in paragraph (1): `(A) A description of all United States Government-funded programs and initiatives to combat corruption and improve transparency and accountability in the country. `(B) A de scription of United States diplomatic e fforts to combat corruption and improve transparency and accountability in the country. `(C ) An analysis of major actions taken by the government of the country to combat corruption and im prove transpare ncy and accountability in the country. `(e ) FUNDING- Amounts made available to carry out the other provisions of this part (including chapter 4 of part II

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`(e ) FUNDING- Amounts made available to carry out the other provisions of this part (including chapter 4 of part II of this Act) and the Support for East European Democracy (SEED) Act of 1989 shall be made available to carry out this se ction.'. (b) DEADLINE FO R INITIAL R EPORT- The initial annual report re quired by section 133(d)(1) of the Fore ign Assistance Act of 1961, as added by subsection (a), shall be transmitted not later than 180 days after the date of the e nactment of this Act. HR 1143 passed House on April 13, 1999 (without Title II) Passed Senate on O ct 3, 2000 (amended as above by He lm s Amendment No. 4287) Signed into Law by the President on Oct. 17, 2000

Pasted from <http://www.cggl.org/scripts/document.asp?id=12>

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Corruption Report, Bribe report and expose corrupt Officials in the World.

CORRUPTION DESTROYS SOCIETIES, REPORT IT TO US.

LET US STOP CORRUPTION!

Corruption is becoming prev alent all ov er the w orld. Corruption hurts economies, people, and gov ernments. Corruption is unethical, immoral, and illegal in many societies, religions, and countries. It needs to be stopped. Priv ate organizations, United Nations, and some gov ernments hav e attempted to stop corruption or at least hav e tried to prev ent it. They hav e failed, how ever. This site is an attempt to expose countries and departments w here corruption is taking place. To fill out an instance of corruption you hav e experienced yourself or hav e knowledge of, click the link on the left to share information w ith the rest of the w orld. In addition, if you know of any successful approach that has prev ented or reduced corruption, please share it w ith the rest of the w orld by clicking the link "Make Suggestions" on the left. Also, if you know of any published article dealing w ith corruption and w ant to share w ith the rest of the w orld, click "Share Published Article" on the left. Also, many gov ernment agencies or officials do not care about people and their problems. If you hav e a problem w ith any gov ernment agency or an official, please report it to us by clicking "File Complaint" link on the left.

TIME TO STAND UP AND SUPPORT LEGISLATION IN INDIA

Indian activist says he is willing to die to end corruption

Hazare is demanding that a long-pending citizen ombudsman legislation, called the Lokpal bill, be widened in its scope. Hazare and his supporters reject the bill in its present form because it does not empower the proposed bodies to prosecute corruption suspects. Anti-graft crusaders have come up with their own draft of the legislation that seeks to create citizen ombudsman completely free from political influence and with wide-ranging jurisdiction. STOP CORRUPTION MOVEMENT IN INDIA - STAND UP AND CHEER Indian activist says he is willing to die to end corruption
By Harmeet Shah Singh, CNN New Delhi, India (CNN) -- A v eteran social activist in India has launched an indefinite hunger strike to seek tough, ov erarching law s to tackle corruption as a rash of scandals undermined the reputation of the country's gov ernment. On Tuesday, activ ist Anna Hazare began his "fast-unto-death" at New Delhi's Jantar Mantar landmark. His campaign, supported by numerous social reformists, has come in the w ake of a series of high-profile alleged scandals that hav e rocked Prime Minister Manmohan Singh's administration and inv estor confidence in Asia's third largest economy. Hazare is demanding that a long-pending citizen ombudsman legislation, called the Lokpal bill, be w idened in its scope. Hazare and his supporters rej ect the bill in its present form because it does not empow er the proposed bodies to prosecute corruption suspects. Anti-graft crusaders hav e come up w ith their ow n draft of the legislation that seeks to create citizen ombudsman completely free from political influence and w ith w ide-ranging j urisdiction. "This fast-unto-death is a reflection of the people's anger at grow ing, all-round corruption ... at a time w hen the scourge is eating into the v itals of our society," said political commentator K.G. Suresh. A day before Hazare, 72, began his hunger strike, the office of the Indian prime minister expressed its "deep disappointment" ov er the protest. Singh's office noted in a statement that the prime minister met w ith Hazare and his colleagues last month. "I appreciate and share your concern on corruption," the statement quoted Singh as hav ing told Hazare. Nonetheless, a subsequent meeting betw een social activists and a federal committee ended unsuccessfully ov er demands the gov ernment accept their v ersion of the bill in totality, Singh's office said. As politicians from different parties v isited Hazare at Jantar Mantar, the reformist announced he w ould allow no leader to share his platform. Rather, Hazare alleged corruption w as all perv asive in India's political establishment w ith only few exceptions. Last w eekend, a former gov ernment minister in India w as among a dozen defendants charged in a multi-billion-dollar telecom scandal. Andimuthu Raj a, a former telecommunication minister, is accused of being inv olv ed in a scheme inv olving the underselling of cell phone licenses at the height of India's lucrativ e telecom boom. Police hav e questioned several high-profile executiv es in connection w ith the suspected below -price sale of radiow aves in 2008. Politicians, bureaucrats, and corporate officials linked to the probe hav e denied any w rongdoing. According to a gov ernment audit, the treasury lost as much as $31 billion from the 2008 sale of the second-generation w ireless spectrum. The damning audit report came on the heels of allegations of massiv e fraud in sports and real estate. Tw o parliamentary committees are conducting separate inquiries into the case. Inv estigators are already probing complaints of financial malfeasance in the Commonw ealth Games that India hosted in October last year. Sev eral politicians, military officials, and bureaucrats have also been the subj ects of a separate inquiry for allegedly taking apartments meant for w ar w idow s. We hav e received this new s from Anand Krishnan Journalist & RTI India Online Member 34,Vishalakshi Nagar Kovaipudur Today the Veteran Social activ ist Shri Anna Hazare breaks Fast after gov ernment issued the notification on Jan Lokpal and accepted all of Anna's demands,but the key now is to keep building the pressure to ensure that a strong bill is drafted and then passed into law and for this India Against Corruption giv en deadline dated 15th August 2011 to fully implement this according to Law and order. The Voice from India behind Lens in Facebook - India Against Corrution Below : Its a v ictory of ANNA's ARMY not Indian Gov ernment ... Keep in mind its common man's rev olution. Now its again a fight betw een 5 Honest (IAC memebers) & 5 Dishonest (Congress leaders) ... KEEP UP THE PRESSURE

CORRUPTION IN INDIA New Year resolve to end corruption

Amruta Byatnal Pune: Gudi Padw a, the day celebrated as the beginning of the new year all ov er Maharashtra w as marked by a resolv e to end corruption at Ralegan Siddhi, social activ ist Anna Hazare's hometow n in Maharashtra's Ahmednagar district. In solidarity w ith the India against Corruption mov ement that is taking momentum across the country, 80 percent of the tow n's residents erected a gudi' w ith a black cloth instead of the traditional red. The mov ement launched by Anna Hazare urged the gov ernment to pass the Jan Lokpal Bill, drafted by RTI activ ist Arv ind Kej riwal and Karnataka Lokayukta Santosh Hegde, to be able to check corruption in

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Jan Lokpal Bill, drafted by RTI activ ist Arv ind Kej riwal and Karnataka Lokayukta Santosh Hegde, to be able to check corruption in ev ery State. The gudi outside ev ery home symbolises a new beginning, and w e w ant to start a life w ithout corruption. Anna is undertaking a historic task tomorrow [Tuesday] by starting an indefinite fast. We w ant to show our support to the cause, said Sanj ay Pathade, a teacher. A gram sabha w as convened last w eek, w here everyone w as asked to erect the black gudi. Those w ho did not hav e a black cloth did not erect a gudi at all, Mr. Pathade told The Hindu. There w as no excitement ov er the festiv al, but the resolution is firm in people's minds. Anna has said he w ill not return w ithout getting the Bill passed and w e extend our w holehearted support, Mr. Pathade said.

I Don't Care: Tighten the screws

MUZLI MOHD ZIN Tuesday, April 5th, 2011 I HAVE alw ays found it hard to shake my long-standing general perception that the culture of corruption is synonymous w ith civ il serv ants. I know it's unfair to put civ il serv ants in such a negativ e light due to some bad apples. How I w ish I w ould not hav e to one day cast such a perception in stone, but the unabated new s of corrupt civ il serv ants, brought to book, and rumours and coffee-shop talk on corrupt gov ernment staff is pushing me closer to it. You can't blame me, can you? The nation w as recently rocked ov er the arrest of 62 Customs officers by a high-pow ered and biggest task force, led by the Malaysian AntiCorruption Commission (MACC) team, follow ing a series of raids on more than 100 companies and 25 Customs premises nationw ide. The loot, seized from the suspects in the raids follow ing a concerted probe on under-declaration of duties and tax ev asion, w as indeed "nauseating". It sickens me to the core to reproduce the amount of their loot but it w as too huge to giv e it a pass. It is estimated that about RM10bil had been allegedly smuggled out or remitted ov erseas, no thanks to the suspects. There are more gold bars and bags of cash containing up to RM600,000 w ere discovered in the homes of sev eral Customs officers. Millions of ringgit w ere seized from at least fiv e officers. A director allegedly had millions of ringgit spread ov er sev eral bank accounts, w hile three other officers had betw een RM500,000 and RM1 million in their accounts. Other ill-gotten booty included luxury w atches and posh cars. Just about six months ago, nine Immigration officers, some of w hom w ere reportedly senior ranking, w ere arrested by MACC for allegedly allow ing foreigners to enter our country w ithout proper documents. And they allegedly did it for a fee, collecting betw een RM30,000 and RM50,000 from runners for ferry tekong (boat captains) carrying illegals. Early this month, a former council president w as accused of abusing his pow er to approv e renov ation w ork on his residence. And the list goes on, including high-profile cases inv olving former ministers and high-ranking civ il servants. I'd guess it (the list) can fill up a w hole page, but let's not w aste the space here. The statement by the Congress of Unions of Employees in the Public and Civ il Serv ices (Cuepacs) president Datuk Omar Osman last June w as enough to paint a grim picture of the alleged "happenings" on the ground. Omar claimed that 418,200, or 41 per cent, of the 1.2 million civ il servants were suspected to be inv olved in corruption. He had also said this w as w orrying and needed to be tackled urgently. You bet! Coming from the president himself, the nation w as, indeed, in trouble w hen close to half of its public serv ice population w ere allegedly open to bribes. Detractors, the opposition especially, w ere then quick to criticise the gov ernment for its lack of w ill to combat corruption. All these aside and despite my negativ e perception that corruption among civ il servants w ill continue, w e must not, how ev er, ignore the gov ernment's promise, under its National Key Result Areas, to reduce corruption. The gov ernment can't afford to hav e inv estors and rakyat sharing my sentiment for a v ery long time. Like them, I am also w atching in anticipation. MACC, meanw hile, deserves a pat on the back for bringing to j ustice these corrupt civ il servants and office bearers, including ministers, former ministers and Menteri Besar and other high-ranking officials. This is their testimonial for their existence. If only the conv iction rate is as high as the number of cases brought to court. But, to some, putting corrupt indiv iduals in the dock is a strong enough message to others. I somew hat agree. We all know that enforcement activ ities, which are normally based on tip-offs and reports, are not sufficient to stamp out corruption. Each gov ernment agency needs to tighten a lot of screw s in their operations and dealings w ith the masses. Ideas from the people are abound. Just do a poll. Now I remember a suggestion, also by Cuepacs, (in March) last year for the gov ernment to conduct a study on w hy some civ il servants, particularly in the support group, w ere succumbing to corruption. The idea came in the w ake of the disclosure by the MACC deputy chief commissioner Datuk Zakaria Jaafar that civ il servants topped the number of those suspected of corruption in 2009, and the maj ority of them w ere from the support group. Cuepacs believ es it may be due to civ il servants' low salaries as compared w ith high cost of liv ing. How ev er, the idea w as not taken up. It's a laughable notion to some, but then w ho know s? IS THERE A HOPE FOR PAKISTAN? PAKISTAN AT THE BRINK OF DISASTER!! (CLICK TO READ THE REPORT)

CORRUPT PAKISTANI MNAs

IS THERE A HOPE FOR PAKISTAN? PAKISTAN AT THE BRINK OF DISASTER!! (CLICK TO READ THE REPORT)

Recently Filed Corruption Incident

Delhi, Delhi, India What a questionnaire! Who does not know , bribe is the Indian w ay of life. Those w ho don't participate in it, like myself, don't belong. When I w as young, like 26 years old, I purchased a sleeper ticket once in a night train, but the place got so crow ded because the conductor filled the w hole compartment w ith small bribes like Rs 5/- each from so many, one could not ev en sit comfortably. When I complained to the conductor stating that I paid for the sleeper to be able to sleep, ev ery one snapped on me, how mean Mr, w e all hav e to trav el too! Ev ery one in India is full of such stories. For example, go to a DDA office; bribe is the centerpiece of ev ery conv ersation. Clearly, if one does not participate in it, one w on't surv iv e. Almost everyone in DDA participates in bribery openly. It is ev ery w here! Bribe seeker and participators are in large majority. I predict, v ery soon non-bribing folks w ill go extinct. One naturally w onder, w ho w ill w ant to get rid of it in that ev ent. More

Recently Filed Complaint

Karachi, Sindh, Pakistan Pakistan Works Department, Executive Engineer PWD Executiv e Engineer Div ision No. 1 and Div ision No. 2, Karachi has published an adv ertisement for v arious w orks copy of the tender enclosed. In the adv ertisement it w as stated that the tenders can be purchased but w hen contacted to receiv e the tenders, it w as noted that tenders are not for sale. This adv ertisement is an arranged adv ertisement hence no outsider can compete. The adv ertisement is for record and as a legal procedure to escape any enquiry. On protest that this is a fraud, tampering on Gov ernment record as w ell as revenue, w e have been told that share goes up to the lev el of Director General if you desire to make a complaint, that w ill go to dustbin. Usually w e hav e been told that the tenders are not issued. They are distributed after a deal. This is the story of corruption at entire department lev el. My suggestion is the department w hich is engaging the serv ices of PWD should sell the tenders and the tenders should be opened in the presence of the department officials along w ith PWD officials. In case of MNA/MPs fund Sindh Assembly should sell the documents likew ise officials of Sindh Assembly to be present at the time of opening. By this w ay the corruption of 40% of the allocated budget can be sav ed for corruption. More

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PREVENT CORRUPTION
MOST CORRUPT PERSON OF THE YEAR Nominate a most corrupt public employee, aw ard w ill be now presented in December 2011.

Nominate a Person

Nominees for MOST CORRUPT PUBLIC EMPLOYEE AWARD MOST HONEST PERSON OF THE YEAR Nominate a most honest public employee, aw ard w ill be now presented in December 2010.
Nominate a Person Nominees for MOST HONEST PUBLIC EMPLOYEE AWARD

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Six corrupt CJIs named by Prashant Bhushan

Six corrupt CJIs named by Prashant Bhushan

By CT October 6, 2010Posted in: Corruption Prashant Bhushan recently submitted a supplementary affidavit in the Supreme Court of India where he has submitted evidence to back his allegations that half of the last 16 Chief Justices have been corrupt. Bhushan has admitted that getting documentary evidence of corruption in the higher judiciary is difficult. Despite this, his historic affidavit throws light on blatant corruption in the top echelons of the Indian judiciary. The affidavit also lists instances of how impeachment motion could not be brought against some CJIs. The reason, Bhushan states, is the reluctance of MPs to sign an impeachment motion against a sitting judge of the Supreme Court or a sitting Chief Justice of a High Court (despite documentary evidence of serious charges of misconduct). This is because of a fear of judicial backlash against the MP or his political party, most of whom have cases pending in the courts. The excerpts from Prashant Bhushans affidavit are reproduced below.

Justice Rangnath Mishra Tenure: September 25, 1990 November 24, 1991 Chief Justice Rangnath Mishra as a judge of the Supreme Court presided over a Commission of Inquiry on the genocide of Sikhs in 1984. He conducted the inquiry proceedings in a highly biased manner and went on to give a clean chit to the Congress party, despite there being considerable evidence implicating senior leaders of the Congress party. The evidence against the Congress leaders and party has come out in subsequent official inquiry reports as well as in the subsequent CBI investigations. He went on after his retirement to agree to become a Rajya Sabha MP of the Congress party.

Justice K N Singh Tenure: November 25, 1991 December 12, 1991 Chief Justice K N Singh who followed Justice Rangnath Mishra, passed a series of unusually benevolent orders in

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Chief Justice K N Singh who followed Justice Rangnath Mishra, passed a series of unusually benevolent orders in favour of Jain Exports, and its sister concern Jain Shudh Vanaspati. Several of these were passed during his 18 day tenure as Chief Justice, and many of these cases were ordered to be listed before him by oral mentioning. This became such a talked about scandal in the corridors of the Court that eventually in a hearing on 9th December 1991, the counsel for the Union of India was forced to object to the manner in which the cases came to be listed before Justice K N Singhs bench. He was forced to give a labored explanation about how and why he ordered the matter to be listed before him when it was before another bench. All these judgments came to be reviewed and reversed later by a series of subsequent benches, in some of which, the review petitions were heard in open court, in a departure from the normal procedure.

Justice A M Ahmadi Tenure: October 25, 1994 March 24, 1997 Chief Justice A M Ahmadi who succeeded Justice Venkatachalaiah went on to quash the charge of culpable homicide in the criminal case arising out of the Bhopal Gas leak. Seven benches were changed during the hearing of this case, the only common judge in all these benches was Justice Ahmadi who was Chief Justice and constituting the benches. This judgment of quashing the charge of culpable homicide before the trial, not only delayed the trial, but led to such miscarriage of justice, that the Supreme Court has thought it fit to issue notice on a curative petition filed by the CBI even 14 years after that judgment. Justice Ahmadis house in Kant Enclave is completely illegal and in violation of the Supreme Courts judgments as well as the Forest Conservation Act has now been emphatically stated by the Supreme Court itself in its order dated 14/5/08 on the clarification application on behalf of Kant Enclave. The Centrally Empowered Committee of the Court has found the violations of those who constructed their houses in Kant Enclave so egregious, that they have recommended the demolition of these constructions which includes that of Justice Ahmadi in their report dated 13/1/09.

Justice M M Punchhi Tenure: January 18, 1998 October 9, 1998 The Committee on Judicial Accountability had prepared an impeachment motion against Justice M M Punchhi, which had been signed by more than 25 members of the Rajya Sabha. The motion did not get the requisite number of signatures since he went on to become Chief Justice of India. The six extremely serious charges in the impeachment motion against Justice Punchhi are detailed below: 1. That as a Judge of the Supreme Court, while deciding an appeal of Shri K N Tapuria against a judgment of the Bombay High Court dated 10.12.93 by which he was sentenced to two years rigorous imprisonment, Justice Punchhi allowed the Appeal and acquitted Shri Tapuria on thebasis of a purported compromise entered into between Shri Tapuria and the alleged representative of M/s Turner Morrison & Co., and thereby remitted his prison sentence. This was done despite the fact that the offence of criminal breach of trust for which Shri Tapuria had been convicted cannot be compounded in law and thus could not have been allowed to be compromised by the complainant. In fact,

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cannot be compounded in law and thus could not have been allowed to be compromised by the complainant. In fact, the order acquitting Shri Tapuria dated 25.4.95 passed by Justice Punchhi was on extraneous considerations. 2. That as a Judge of the Punjab & Haryana High Court, Justice Punchhi heard and dismissed a Writ Petition of the Vice Chancellor of the Rohtak University, Dr. Ram Gopal containing serious allegations of malafides against the then Chief Minister of Haryana Shri Bhajan Lal. That while he decided this case dismissing allegations against Shri Bhajan Lal, two of his unmarried daughters residing with him, Ms. Madhu and Ms. Priya, applied for and got allotment of two valuable house plots in Gurgaon from the discretionary quota of the Chief Minister, Shri Bhajan Lal. The plots were allotted on 1.5.86, the same day Justice Punchhi dismissed Shri Ram Gopals Writ Petition against Shri Bhajan Lal. The judgment of Justice Punchhi dismissing the Writ Petition was obviously given on extraneous considerations. 3. That as Inspecting Judge of the Punjab & Haryana High Court, Justice Punchhi made an adverse inspection report questioning his integrity, against Shri K.S. Bhullar, Sub-Judge-cum-Judicial Magistrate of Punjab, for the reason that Shri Bhullar had refused to decide a case before him involving Justice Punchhis co-brother in his favour. 4. That as a Judge of the Supreme Court, Justice Punchhi attempted to hear and decide a case involving the validity of section 8 (a) of the Capital of Punjab (Development and Regulation) Act, 1952 though he was personally interested in the outcome of the case. 5. That Justice Punchhi attempted to browbeat officials of the Registry of the Punjab & Haryana High Court when they came to take inventory of items of furniture at the residence of the then Chief Justice of the Punjab & Haryana High Court, Justice V. Ramaswami. He ordered them to mention in the inventory report that all the items had been found in order even when these had not been verified and this was not true. Thereafter, when this matter became subject of the impeachment proceedings was put in issue in Writ Petitions filed in the Supreme Court, Justice Punchhi attempted to hear and decide that case, though in view of his role in the matter, he was clearly disentitled from doing so. 6. That as Judge of the Supreme Court, Justice Punchhi, kept pending with him a matrimonial proceeding involving one Ashok and Rupa Hurra from Gujarat, even after it had become infructuous. The matter was kept pending in order that a fresh Petition to be filed by the husband also come before him. These proceedings were finally decided by him for extraneous considerations in a manner which was contrary to law.

Justice Dr. A S Anand Tenure: October 10, 1998 November 1, 2001 During his tenure, evidence of several acts of very serious misconduct came to light and came to the possession of the Committee on Judicial Accountability. As a result of this, an impeachment motion was also prepared by the Committee on Judicial Accountability against Justice Anand which contained four serious charges which are detailed below: 1. That Shri A S Anand, when he was the Chief Justice of the High Court at J& K, heard and passed favourable interim orders in the case of one Krishan Kumar Amla, soon after hehad accepted gratification from Shri Amla in the form of a 2 Kanal plot of land at Ganderbal, Shrinagar. That Shri Anand accepted this gratification from Shri Amla even though he had been as a judge hearing and dealing with the cases of the companies owned by Krishan Amla and his father Tirath Ram Amla. These acts constitute gross misconduct and misbehavior on the part of a Judge. 2. That Shri A S Anand abused his office and influence as a judge and Chief Justice of the J&K High Court to hold on to the ownership of Agricultural land which should have been vested in the government under the J&K Agrarian Reforms Act of 1976. 3. That Shri A S Anand, while he was a judge of the Supreme Court, abetted his wife and mother-in-Law in filing a suit based on false averments in a civil court in Madhya Pradesh. During the proceedings before the Civil Court, he abused his influence and authority to get the revenue authorities to suppress from the trial court the record of the proceedings before the revenue Court. That he subsequently used his influence to get the MP government to withdraw the Special Leave Petition filed by the State against his wife. 4. That Shri Anand abused his office and influence as Chief Justice of the J&K High Court to get from the government of J&K a 2 Kanal plot of land at Gandhinagar in Jammu for a price which was a small fraction of the Market price of that land. That in doing so, he gave a false and misleading affidavit that he owned no land or immovable property in Jammu.

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Jammu.

Justice Y K Sabharwal Tenure: November 1, 2005 January 14, 2007 The most serious among the charges against Chief Justice Y K Sabharwal was that he passed a series of orders for sealing commercial properties in Delhi which were operating in residential areas. The immediate consequence of his orders was to force shops and offices to shift to shopping malls and commercial complexes being constructed by builders and developers, which resulted in increasing their prices enormously almost overnight. At precisely the time when Justice Sabharwal passed these orders of sealing, his sons entered into partnerships with some of the largest shopping mall and commercial complex developers and thus made huge profits by virtue of his orders. Moreover, the registered offices of his sons companies were at the official residence of Justice Sabharwal at this time. Apart from this, Justice Sabharwals sons were allotted huge commercial plots by the Mulayam Singh government of Uttar Pradesh in Noida at highly concessional rates, at a time when Justice Sabharwal was dealing with the case of Amar Singhs tapes, the publication of which he had stayed. As a result of these transactions, the sons of Justice Sabharwal, who till he started dealing with the sealing case, were small traders having a turnover of less than Rs 2 crores went on to purchase a property of Rs 15.43 crores in Maharani Bagh in March 2007 and more recently a property at 7 Sikandra Road for Rs 122 crores (in partnership with their builder friends) in April 2010. Read More: Prashant Bhushans Affidavit in SC (December 2009) Shanti Bhushans Affidavit in SC (September 2010) Prashant Bhushans Supplementary Affidavit in SC (September 2010) >

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Trees On Maliki Lands

Wednesday, August 03, 2011 8:48 PM

Trees On Maliki Lands

Permission for cutting reserved trees from occupied Land Subject : Permission for cutting reserved trees from occupied Land Grant of under the Saurashtra Felling of Trees (Infliction of Punishment) Act, 1951.

GOVERNMENT OF GUJARAT Agriculture & Lands Department, Circular No. TRS.2060-9863-A3 Sachivalaya, Ahmedabad 15, Dated the 11th February, 1961.

The Saurashtra Felling of Trees (Infliction of Punishment) Act, 1951 has been extended to the whole State of Gujarat under Trees (Infliction of Punishment) Act, 1951 lays down that the provision of the said Act shall be in addition to and not in derogation of the provisions of any other law in force. The Indian Forest Act, 1927 is in force in the State of Gujarat. The provisions of the Indian forest Act, 1927 and the Bombay Forest Rules, 1942 framed there under, therefore, remain operative. According to Rules 90, 94 to 99 of the Bombay Forest Rules previous permission of the Divisional Forest Officer is required to be obtained for the cutting of any reserved trees (i.e. teak, Black wood & Sandal -wood) from occupied lands,. Since these provisions remain in operation, the power to grant permission under Section 3(1) (a) of the Saurashtra Felling of Trees (Infliction of Punishment) Act, 1951 cannot extend to the reserved trees from occupied Lands and therefore, for the cutting of such trees previous permission of the concerned Divisional Forest Officer should be obtained as hither to for. The Collectors are, therefore, informed that, as in the case of private forests, applications for permission to fell any reserved trees from occupied Land should be forwarded to the Divisional Forest Officer concerned for necessary further action. By order and in the name of the Governor of Gujarat,

Sd/Under Secretary to Government, Agriculture and Lands Department.

All Commissioners All Collectors Chief Conservator of forests, Baroda. All Conservator of Forests, All Divisional Forest Officers All Sub-Divisional Forest Officers. The Rural Development Department.

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Forest (Conservation) Act, 1980 with Amendments Made in 1988

Wednesday, August 03, 2011 9:01 PM

Forest (Conservation) Act, 1980 with Amendments Made in 1988

An Act to provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto. Be it enacted by Parliament in the Thirty-first Year of the Republic of India as follows:1. Short title, extent and commencement. (1) This Act may be called the Forest (Conservation) Act, 1980. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall be deemed to have come into force on the 25th day of October, 1980. 2. Restriction on the dereservation of forests or use of forest land for non-forest purpose. Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing(i) that any reserved forest (within the meaning of the expression "reserved forest" in any law for the time being in force in that State) or any portion thereof, shall cease to be reserved; (ii) that any forest land or any portion thereof may be used for any non-forest purpose; (iii) that any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organisation not owned, managed or controlled by Government; (iv) that any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for reafforestation. Explanation - For the porpose of this section, "non-forest purpose" means the breaking up or clearing of any forest land or portion thereof for(a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or medicinal plants; (b) any purpose other than reafforestation; but does not include any work relating or ancillary to conservation, development and management of forests and wildlife, namely, the establishment of check-posts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes. 3. Constitution of Advisory Committee. The Central Government may constitute a Committee consisting of such number of persons as h may deem fit to advise that Government with regard to(i) the grant of approval. under Section 2; and (ii) any other matter connected with the conservation of forests which may be referred to h by the Central Government. 3A. Penalty for contravention of the provisions of the Act. Whoever contravenes or abets the contravention of any of the provisions of Section 2, shall be punishable with simple imprisonment for a period which may extend to fifteen days. 3B. Offences by the Authorities and Government Departments. (1) Where any offence under this Act has been committed (a) by any department of Government, the head of the department; or (b) by any authority, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the authority for the conduct of the business of the authority as well as the authority; shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render the head of the department or any person referred to in clause (b), liable to any punishment if he proves
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department or any person referred to in clause (b), liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence punishable under the Act has been committed by a department of Government or any authority referred to in clause (b) of sub-section (1) and it is proved that the offence has been committed with the consent or connivance of; or is attributable to any neglect on the part of any officer, other than the head of the department, or in the case of an authority, any person other than the persons referred to in clause (b) of sub-section (1), such officer or persons shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 4. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, makes rules for carrying out the provisions of this Act. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 5. Repeal and saving. (1) The Forest (Conservation) Ordinance, 1980 is hereby replaced. (2) Notwithstanding such repeal, anything done or any action taken under the provisions of the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
Inserted from <http://envfor.nic.in/legis/forest/forest2.html>

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Forest (Conservation) Rules, 1981 (as amended up to May 1992)

Wednesday, August 03, 2011 9:01 PM

Forest (Conservation) Rules, 1981

(as amended up to May 1992) G.S.R. 719... in exercise of the powers conferred by sub-section (i) of section 4 of the Forest (Conservation) Act, 1980 (69 of 1980), the Central Government hereby makes the following rules, namely 1. Short title, extent and commencement (a) These rules may called the Forest (Conservation) Rules, 1981. (b) They shall extend to the whole of India except the State of Jammu and Kashmir. (c) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions :-In these rules, unless the context otherwise requires (a) "Act" means the Forest (Conservation) Act, 1980 (69 of 1980) (b) "Committee" means the Committee constituted under section 3 (c) "Chairman" means the Chairman of the Committee (d) "Member" means a member of the Committee (e) "Section" means a section of the Act. 2A (1) Composition of the Committee:- The Committee shall be composed of the following Members : (i) Inspector General of Forests - Chairman Ministry of Environment and Forests (ii) Additional Inspector General of Forests - Member Ministry of Environment and Forests (iii) Joint Commissioner (Soil Conservation) - Member Ministry of Agriculture (iv) Three eminent environmentalists - Member (non-officials) (V) Deputy Inspector General of Forests - Member-Secretary (Forest Conservation), Ministry of Environment and Forests (2) Additional Inspector General of Forests shall act as the Chairman in the absence of Inspector General of Forests. 2B. Terms of appointment of non-official members shall be as follows (i) A non-official member shall hold his office for a period of two years. (ii) A non-official member shall cease to hold off ice if he dies, resigns, becomes of unsound mind, becomes insolvent or is convicted by a court of law on a criminal offence involving moral turpitude. (iii) Any vacancy in the membership caused by any reason mentioned in sub-rule (ii) shall be filled by the Government for the unexpired portion of 2 years term. (iv) Travelling and daily allowances shall be payable to the non-official members of the Committee at the highest rate admissible to the Government servants of Group W under the rules and orders made by the Central Government and for the time being in force. Provided that the payment of travelling allowance and daily allowance to a member who is a Member of the Parliament or a Member of a State Legislature shall be regulated in accordance with the Salary, Allowance and Pension of Members of Parliament Act, 1954 or the respective provisions of law pertaining to the Members of the concerned State Legislature. 3. Conduct of business of the Committee (1) The Chairman shall call the meeting of the Committee as often as necessary, but not less frequently than once in a month. (2) The meetings of the Committee shall normally be held at New Delhi. However, in a case where the Chairman is satisfied that inspection of site or sites of forest land proposed
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case where the Chairman is satisfied that inspection of site or sites of forest land proposed to be used for non-forest purposes would be necessary or expedient in connection with the consideration of the proposal or proposals received under sub-rule (1) of rule-4, he may direct that the meetings of the Committee will be held at a place other than Delhi from where such inspection of she or sites can be undertaken conveniently. (3) The Chairman shall preside over every meeting of the Committee at which he is present : Provided that K the Chairman is absent from a meeting and it is not expedient to adjourn the meeting, the senior-most member of the Committee shall preside over the meeting. (4) Every question upon which the Committee is required to advise shall be considered at its meeting provided that in urgent cases K the meeting of the Committee cannot be convened within a month, the Chairman may direct that necessary papers may be sent to the Members for their opinion by a stipulated date. (5) The quorum for the meeting of the Committee shall be three.

4.
(1) Every State Government or other authority seeking the prior approval under section 2 shall send its proposal to the Central Government in the form appended to these rules : Provided that all proposals involving clearing naturally grown trees in forest land or portion thereof for the purpose of using K for reafforestation shall be sent in the form of Working Plan / Management Plan. (2) Every proposal referred to in sub-rule (1) shall be sent to the following address, namely : Secretary to the Government of India Ministry of Environment & Forests Paryavaran Bhawan, CGO Complex Lodi Road, New Delhi - 110003 Provided that all proposals involving forest land up to twenty hectares and proposals involving clearing of naturally grown trees in forest land or portion thereof for the purpose of using it for reafforestation shall be sent to the Chief Conservator of Forests 1 Conservator of Forests of the concerned Regional Office of the Ministry of Environment and Forests. 5. Committee to advise on proposals received by the Central Government (1) The Central Government shall refer every proposal received by it under sub-rule (1) of rule 4 to the Committee for its advice thereon if the area of the forest land involved is more than twenty hectares. Provided that proposals involving clearing of naturally grown trees in forest land or portion thereof for the purpose of using it for reafforestation shall not be referred to the Committee for its advice. (2) The Committee shall have due regard to all or any of the following matters while tendering its advice on the proposals referred to R under sub-rule (1), namely : (a) Whether the forests land proposed to be used for non-forest purpose forms part of a nature reserve, national park wildlife sanctuary, biosphere reserve or forms part of the habitat of any endangered or threatened species of flora and fauna or of an area lying in severely eroded catchment; (b) Whether the use of any forest land is for agricultural purposes or for the rehabilitation or persons displaced from their residences by reason of any river valley or hydro-electric project; (c) Whether the State Government or the other authority has certified that it has considered all other alternatives and that no other alternatives in the circumstances are feasible and that the required area is the minimum needed for the purpose; and (d) Whether the State Government or the other authority undertakes to provide at its cost for the acquisition of land of an equivalent area and afforestation thereof. (3) While tendering the advice, the Committee may also suggest any conditions or restrictions on the use of any forest land for any non-forest purpose which, in its opinion, would minimise adverse environmental impact. 6. Action of the Central Government on the advice of the Committee -The Central Government shall. after considering the advice of the Committee tendered under rule 5 and after such further enquiry as it may consider necessary, grant approval to the proposal with or without conditions or reject the same.

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FORM Form for seeking prior approval under section 2 of the proposals by the State Governments and other authorities. (See rule 4) 1. Project details: (i) Short narrative of the proposal and project 1 scheme for which the forest land is required. (ii) Map showing the required forest area, boundary of adjoining forest and itemwise breakup of the required forest area for different purposes (to be authenticated by an officer not below the rank of Deputy Conservator of Forests). (iii) Total cost of the project: (iv) Justification for locating the project in the forest area giving alternatives examined and reasons for their rejection. (v) Financial and social benefits. (vi) Total population benefited. (vii) Employment generated. 2. Location of the project 1 Scheme: (i) State/Union Territory. (ii) District. (iii) Forest Division, Forest Block, compartment etc. 3. Item-wise break-up of the total land required for the project/scheme along with its existing land use. 4. Details of forest land involved: (i) Legal status of the forest (namely, reserve, protected/unclassed, etc.) (ii) Details of flora and fauna existing in the area. (iii) Density of vegetation. (iv) Species-wise and diameter class-wise abstract of trees. (v) Vulnerability of the forest area to erosion, whether it forms a part of a seriously eroded area or not. (vi) Whether h forms a part of national park, wildlife sanctuary, nature reserve, biosphere reserve, etc; and 9 so, details of the area involved. (Specific comments of the Chief Wildlife Warden to be annexed). (vii) Item-wise break-up of the forest land required for the project/scheme for different purposes. (viii) Rare/endangered species of flora and fauna found in the area. (ix) Whether it is a habitat for migrating fauna or forms a breeding ground for them. (X) Any other significance of the area relevant to the proposal. 5. Details of displacement of people due to the project : (i) Total number of families involved in displacement. (ii) Number of Scheduled Caste/Scheduled Tribe families involved in displacement. (iii) Detailed rehabilitation plan. 6. Details of compensatory afforestation scheme: (i) Details of non forest area/degraded forest area identified for compensatory afforestation, its distance from adjoining forest, number of patches, size of each patch. (ii) Map showing non-forest/degraded forest area identified for compensatory afforestation an adjoining forest boundaries. (iii) Detailed compensatory afforestation scheme including species to be planted, implementing agency, time schedule, cost structure etc. (iv) Total financial outlay, for compensatory afforestation scheme. (v) Certificates from competent authority regarding suitability of area identified for compensatory afforestation for afforestation and from management point of view. (To be signed by an officer not below the rank of Deputy Conservator of Forests). (vi) Certificate from the Chief Secretary regarding non-availability of the nonforest land for compensatory afforestation (if applicable). 7. Details regarding Transmission Lines (only for Transmission Line proposals): (i) Total length of the Transmission Line. (ii) Length passing through forest area. (iii) Right of Way. (iv) Number of Towers to be erected. (v) Number of Towers to be erected in forest area.
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(v) Number of Towers to be erected in forest area. (vi) Height of Transmission Towers. 8. Details of Irrigation Hydel Project (only for Irrigation/Hydel Projects): (i) Total catchment area. (ii) Total command area. (iii) Full Reservoir Level. (iv) High Flood Level. (v) Minimum Drawal Level. (vi) Break-up of area failing in catchment area of the project (forest land, cultivated land, pasture land, human cultivation, others). (vii) Area of submergence at High Flood Level. (viii) Area of submergence at Full Reservoir Level. (ix) Area of submergence at 2 metre below Full Reservoir Level. (x) Area of submergence at 4 metre below Full Reservoir Level (For medium and major projects only). (xi) Area of submergence at Minimum Drawal Level. (xii) Detailed catchment area treatment plan. (xiii) Total financial outlays and details regarding availability of funds for Catchment Area Treatment Plan. 9. Details regarding Road/Railway Lines (only for Roads/Railway lines proposal): (i) Length and width of the strip and forest area required. (ii) Total length of the road. (iii) Length of the road already constructed . (iv) Length of the road passing through the forest. 10. Details regarding mining proposals (only for mining proposals): (i) Total mining lease area and forest area required. (ii) Period of mining lease proposed. (iii) Estimated reserve of each mineral/ore in the forest area and in the non-forest area. (iv) Annual estimated production of mineral/ore. (v) Nature of mining operations (open cast/underground) (vi) Phased reclamation plan. (vii) Gradient of the area where mining would be undertaken. (viii) Copy of the Lease Deed (to be attached only for renewal purposes). (ix) Number of labourers to be employed. (x) Area of forest land required for (a) Mining. (b) Storing mineral/ore. (c) Dumping of overburden. (d) Storing tools and machinery. (e) Construction of building power stations, workshops, etc. (f) Township/housing colony (g) Construction of road/rope way/railway lines. (h) Full land use plan of forest area required. (xi) Reasons why any of the activities, referred to in (a) to (h) above under the project for which forest land has been asked for cannot be undertaken/located outside forest area. (xii) The extent of damage likely to be caused and the number of trees affected on account of mining and related activities. (xiii) Distance of the mining area from perennial watercourses, national and State highways, national parks, sanctuaries and biosphere reserves. (xiv) Procedure for stocking of the topsoil for reuse. (xv) Extent of subsidence expected in underground mining operations and its impact on water, forest and other vegetation. 11. Cost-benefit analysis. 12. Whether clearance from environmental angle is required (Yes/NO). If, yes, whether, requisite details for the same have been furnished (Yes/No 13. Whether any work in violation of the Act has been carded out (Yes/No). If yes, (i) Details of the same including date of commencement. (ii) Officers responsible for violation of the Act. (iii) Action taken/being taken against erring officers.
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(iii) Action taken/being taken against erring officers. (iv) Whether work in violation of the Act is still in progress. 14. Any other information.... 15. Details of Certificates/documents enclosed. 16. Detailed opinion of the Chief Conservator of Forests/Head of the Forest Department concerned covering the following aspects, namely : (i) Out-turn of timer, fuelwood and other forest produce from the forest land involved. (ii) Whether the district is self-sufficient in timber and fuelwood, and (iii) The effect of the proposal on (a) Fuelwood supply to rural population (b) Economy and livelihood of the tribals and backward communities. (iv) Specific recommendations of the Chief Conservator of Forests/head of the forest Department for acceptance or otherwise of the proposal with reasons thereof. Certified that all other alternatives for the purpose have been explored and the demand for the required area is the minimum demand for forest land. Signature of the authorised officer of the State Government/ Authority N.B.1.: While furnishing details of flora and fauna, the species should be described by their scientific names. N.B.2.: If the space provided above is not sufficient to specify any information, please attach separate details/documents. (No. 5-5/86-1-C) R. RAJAMANI. Secy. Footnote: The principal rules were notified vide Number G.S.R. 719 dated the 20th July, 1981 and subsequently amended vide (1) G.S.R. 14, dated the 28th December, 1987. (2) G.S.R. 640 (E), dated the 26th June, 1989.
Inserted from <http://envfor.nic.in/legis/forest/forest3.html>

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Forest (Conservation) Act, 1980 with Amendments Made in 1988

Wednesday, August 03, 2011 9:02 PM

Forest (Conservation) Act, 1980 with Amendments Made in 1988

An Act to provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto. Be it enacted by Parliament in the Thirty-first Year of the Republic of India as follows:1. Short title, extent and commencement. (1) This Act may be called the Forest (Conservation) Act, 1980. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall be deemed to have come into force on the 25th day of October, 1980. 2. Restriction on the dereservation of forests or use of forest land for non-forest purpose. Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing(i) that any reserved forest (within the meaning of the expression "reserved forest" in any law for the time being in force in that State) or any portion thereof, shall cease to be reserved; (ii) that any forest land or any portion thereof may be used for any non-forest purpose; (iii) that any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organisation not owned, managed or controlled by Government; (iv) that any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for reafforestation. Explanation - For the porpose of this section, "non-forest purpose" means the breaking up or clearing of any forest land or portion thereof for(a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or medicinal plants; (b) any purpose other than reafforestation; but does not include any work relating or ancillary to conservation, development and management of forests and wildlife, namely, the establishment of check-posts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes. 3. Constitution of Advisory Committee. The Central Government may constitute a Committee consisting of such number of persons as h may deem fit to advise that Government with regard to(i) the grant of approval. under Section 2; and (ii) any other matter connected with the conservation of forests which may be referred to h by the Central Government. 3A. Penalty for contravention of the provisions of the Act. Whoever contravenes or abets the contravention of any of the provisions of Section 2, shall be punishable with simple imprisonment for a period which may extend to fifteen days. 3B. Offences by the Authorities and Government Departments. (1) Where any offence under this Act has been committed (a) by any department of Government, the head of the department; or (b) by any authority, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the authority for the conduct of the business of the authority as well as the authority; shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render the head of the department or any person referred to in clause (b), liable to any punishment if he proves
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department or any person referred to in clause (b), liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence punishable under the Act has been committed by a department of Government or any authority referred to in clause (b) of sub-section (1) and it is proved that the offence has been committed with the consent or connivance of; or is attributable to any neglect on the part of any officer, other than the head of the department, or in the case of an authority, any person other than the persons referred to in clause (b) of sub-section (1), such officer or persons shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 4. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, makes rules for carrying out the provisions of this Act. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 5. Repeal and saving. (1) The Forest (Conservation) Ordinance, 1980 is hereby replaced. (2) Notwithstanding such repeal, anything done or any action taken under the provisions of the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
Inserted from <http://envfor.nic.in/legis/forest/forest2.html>

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WORLD FAMOUS PAINTER

Wednesday, October 12, 2011 7:07 PM

Article by deepakbansal Painting is a form of art and the person who makes the painting is called a Painter.Painter can be of many types each depending on the type of painting he makesPainter is also known as artist and holds a respectful position in our society.We also call a person who paints our houses or buildings as a Painter A painter is a person who applies an emulsion called paint to a surface.A painter makes painting and sells his work at art and painting exhibitions.So many Painters have come and gone but very few of them have been successful. Leonardo da Vinci, Michelangelo Buonarroti and Pablo Picasso are known for their art work and each one is a world famous Painter.Painting is the profession of the Painter and it is by his paintings that a painter earns his bread and milk.Painter Leonardo da Vinci is globally famous Painter and his art works like Mona Lisa and the Last supper are phenomenal.There has been Painter even in pre historic world as earlier people used to make symbols and draw things to communicate.A Painter can make landscape painting, portrait painting and still life and real life paintings. A landscape Painter makes an outdoor scene and paints the nature which has land, water, clouds, wind and sunlight.A portrait Painter basically makes the image of a person or animals and the portrait Painter can also capture the mood of the model.A still life Painter paints things like flowers, food, or musical instruments. A real life Painter can show a busy street, party, gatherings or anyplace where there is lifeA religious Painter paints and tries to give out religious message to the audience.Greece is one country which has the history of having well rather the best Painter.Greek Painter, El Greco is famous for his unusual wall paintings and was a greatest painter.There are many drawing or painting schools which offer painting trainings to a Painter. Theodoros Vryzakis is a Painter who is known for his paintings which depicted Greek life. Each Painter has his own style of painting and his own way to use the colors and the brushes.A modern art Painter is someone who is known for his bizarre paintings.In India there have been many painters but Raja Ravi Varma is said to be a unique painter who become a world famous painter. If you are planning to become a painter then you need to get training from good Art colleges. Painting is such a filed which not only gives the Painter money but also a glamorized world. Painter like M.F Hussain has really made a mark in the world of art. A painter is just like a Fashion designer who exhibits his work not at a fashion show but at an Art Exhibition. A good painter need not be an aged person even a child can become a famous painter. If your child wants to become a Painter then you should always support his dream.PainterOne of Indias famous painter is Sudhir Patwardhan who a
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dream.PainterOne of Indias famous painter is Sudhir Patwardhan who a famous contemporary Painter. A Painter is creative person who has the ability to draw or paint what he sees. One can get a good Painter for making paintings which he can put up at his home. In early days when there was no camera it was through paintings that a Painter could capture a moment. Many people call a Painter to make their family portrait as it looks more elegant and stylish. In India it is mostly the Bengalis who are good Painters as they are more creative. Painter has the ability to stop the time by capturing it on his canvas. A Painter can charge very high prices for his paintings so now days its the trend for the elite class to buy paintings. Painter uses several things like a brush, paint colors, and a canvas sheet to draw his paintings. Painter who paint our houses should use good quality paints as its our house what we are giving him to paint.

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JanLokpal-Bill-Gujarati | Jan Lokpal Bill, India Against Corruption, Anna Hazare

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i-FunBox | File Manager, Browser, Explorer, Transfer Tool for iPhone, iPad & iPod Touch via USB
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First Version of iFunbox Mac is out now

Total Control of iPhone/iPad File System Manage files on your iPhone or iPad in a way just like Windows File Explorer but more robust and friendly. Easily transmit files and folders to your computer with the optimized file transfer and browsing. iOS 4.0 is now fully supported. One-stop App Install and Backup Safe App Install on iPhone/iPad with .ipa packages. No Jailbreak required for installing purchased apps. Support install unofficial/unsigned .ipa based on AppSync without installous. Backup install apps back to .ipa packages for sharing and reinstallation. Uninstall install apps in batch easily. Hi-Speed General Purpose Storage Use your iPhone as an USB Portable Disk for general files. Exploit the large flash memory on iPhone or iPad with transmission speed beyond 5MB/s on iPhone and 15MB/s on iPad.

Export Music and Movie on iPhone/iPod Export Apple iTunes managed audio and video in iPhone, iPad or iPods to PC as a backup copy or burn to CD. Scan and populate music and movie files in iPhone and iPod even when iTunes is refused to connect.

iFunBox V1.8.798.616

What's New: Release Notes App backup to IPA package without Jailbreak App batch-uninstall without Jailbreak Robust device connect (now compatible with WIFI Sync) Improved Access App Sandbox without Jailbreak

Find ifunbox.dev at:

iPhone/iPad File Manager > Navigation, Upload and Download > Quick Preview, Drag&Drop > Delete, Rename and Move > Asian / Long Filename Support

iOS App Manager > One-step Batch install/uninstall App > Back up installed App to .ipa package > Install unsigned .ipa package > Quick App list preview

iPhone/iPad Portable Disk > Realtime Progress Indicator > High Speed Data Transmission > Scheduled Data Transferring > Recursive Copy Subfolders

Backup iPod Music & Movie > iTunes Managed Media Files > Recover Songs and Movie > Copy from iPad/iPhone > Copy to PC with Friendly Title

Upload Wallpaper in Batch > Image Thumbnail Preview > Batch Uploading and Conversion > Change Image Resolution > High Quality Image Resizing

iPhone USB Tunnel Suite i-FunBox, or iFunbox, is a tool to transfer, manage, browse and explore your files, epub documents, mp4 videos and mp3 musics for iPhone, iPad and iPod Touch via USB. i-FunBox allows you to easily copy files from or to your iPhone. i-FunBox allows you to use iPhone as an external USB driver and search for files on iPhone. It works with iPhone, iPhone 3G, iPhone 3GS, iPad, iPod Touch in Firmware1.x,2.x and 3.x, even without JB (jailbreak). It is compatible with Windows XP, Windows Vista and Windows 7. More Introductions: en de es fr hr it jp kr ne pt ro ru sc tc tr What's New: en de es fr hr it jp kr ne pt ro ru sc tc tr HP Coupon u verse Coupon Newegg Promo Code Online Coupon Codes UK Voucher Codes Canada Coupon Codes Dell Ireland Coupons Dell AU Coupons Lenovo AU Coupons
Inserted from <http://www.i-funbox.com/>

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