First Time Voters are asking questions

https://www.indianbarassociation.org/

First Time Voters are asking questions from Indian politician.

Indian Data Protection Regime - Close to Reality?

Indian Data Protection Regime - Close to Reality?

Seeking A Comment On Legal Reform

Seeking A Comment On Legal Reform

As you may be aware, the Department of Commerce has been pursuing reforms in the legal services sector with the Department of Legal Affairs. Reforms. In this regard, the Department had assigned a study on the regulatory framework of legal services in India to the Centre for Trade and Investment Law (CTIL), IIFT. The draft report submitted by the CTIL ( enclosed) covers the following topics : –

(i) Regulatory Model for Non-Litigious Services: The report provides an in-depth analysis relating to the flaws and gap in regulation of in-house counsels, law firm lawyers and legal process outsourcing firms. Regulatory regimes in the United States of America, United Kingdom, Singapore and Malaysia have been examined in order to assess how these jurisdictions have addressed the regulatory gaps and flaws. Broad contours of a regulatory regime have been proposed for non-litigious services.

(ii) Action plan for making India an arbitration hub: The report seeks to build upon the recommendations put forth by the Srikrishna Committee and provides the status as against each of these recommendations. It concludes that the legislative measures suggested by the Committee need to be addressed at the earliest and seeks to resolve the issues through proposed amendments in the Arbitration and Conciliation Act, 1996 and the Arbitration and Conciliation (Amendment) Bill, 2018.

(iii) Action plan for entry of foreign law firms: On 24 June 2016, the Bar Council of India released the draft Registration and Regulation of Foreign Lawyers in India, 2016. The report objectively analyses the proposals for regulatory models put forth by the society for Indian Law firms, the Indian National Bar Association and the Indian Corporate Counsel Association in response to these regulations. The draft report seeks to recognize the key pillars of the regulatory regime which will govern the entry of foreign law firms in India and opines on the suitability of the existing proposals with respect to these issues.

It is requested to kindly furnish your comments/suggestions/views on the draft report latest by 30.01.2019.

Digital Information Security In Healthcare

Digital Information Security In Healthcare Act…What’s In Store Under The Proposed Legislation?

Digital Information Security In Healthcare

Kts tulsi

Must watch interview of Shri KTS Tulsi

http://inba.tv/interview-former-additional-solicitor-general-k-t-s-tulsi/

Panel Discussion on Prevention of Gender Biasness in the Corporate World...

INBA has organised a event INBA's meet (INBAM) and panel discussion on "Prevention of Gender Biasness in the Corporate World & Schools". on September 22, 2017

The panel discussion has been graced by eminent speakers:


Ashok Pandey, Chairman, NPSC & Principal, Ahlcon International School & Member, ShOObh Board

Merlyn Abraham, Partner, IndLex Partners, Advocates & Consultants

Capturing Technological Innovation in Legal Services

Capturing Technological Innovation in Legal Services

Let us make India Women Friendly Country

Let us make India Women Friendly Country

NBA invites you to sign the petition and support the campaign Let us make India Women Friendly Country. We need to support the compaign and ask every your friends and family to sign this. 

Indian National Bar Association (INBA) conducted a nationwide reality check on the Indian & Global Companies, in order to understand & assess the severity & reality of sexual harassment at Workplace and functioning of Sexual Harassment of Woman at Workplace(prevention, prohibition & Redressal) Act, 2013. This Act mandates to constitute the Internal Complaints Committee (ICC) to display the penal consequences of sexual harassment, organize orientation programs for the members of the ICC and arranging awareness programs for employees.

It is the prime responsibility of anemployer to provide a safe& secure work space/environment for women. This is not only a legal obligation, but is also essential for the holistic growth of the organization. The issue, if not taken with due attention and seriousness, may result in low productivity because of low job-satisfaction and turnover, hence, causing loss of valuable employees, and thus incurring loss.

The results of the reality check were quite a revelation. 65 % of India corporations and global companies surveyed in the country were not compliant with Sexual Harassment Act, 2013. Overall 67% per cent of the respondents were not compliant with the Act after its enactment, which mandates Internal Complaints Committee being constituted to address complaints. It was also observed that more than half participants confirmed that Companies are not aware of the provisions of the Act and therefore not equipped to deal with the situation. These Companies were unaware of the penal consequences for non-compliance when constituting their committees. Surprisingly, the issue was more pronounced among global companies stating their ignorance. More than 50% per cent of the respondents’ organizations did not display the penal consequences of sexual harassment in their premisesAbout 67 per cent of the total respondents were yet to train their committee members.

To take the findings of the reality check to its logical conclusion, we at INBA, hadstarted the awareness and training, survey, compliance of the companies across the country. 

INBA would like to present its recommendation to your esteemed department / Ministry as how this law can be made more effective and complied with by every company. INBA would also to partner with you in order to make all the Company fully compliant with the Act, so that company is women friendly and devoid of any sexual harassment. INBA seeks the government logo to take it forward.

Indian National Bar Association INBA, India

INBA celebrates 68th Constitution Day

INBA celebrates 68th Constitution Day

INBA is celebrating its 6th Annual International Conference "68th Constitution Day" on November 25, 2017 at Shangri-La's Eros Hotel, New Delhi.

The conference will be graced by Hon'ble Dignitaries Chief Justice of New South Wales, Australia Thomas Frederick Bathurst, AC, Shri KK Venugopal Attorney General of India, In-house Counsels, Senior Lawyers, Entrepreneurs, Lawyers, Tier 1 Law Firms and CEO's from fortune 500 Companies.



https://www.indianbarassociation.org/event/inba-celebrates-68th-constitution-day/

Survey on Data Protection and Privacy Laws India

INBA's Largest Survey on Privacy & Data Protection Laws in India

INBA, in its quest to work for the betterment of legal industry is conducting this survey on Data Protection in order to create awareness and educate people at large about their data protection rights. It seeks to find solutions as to how we can make data protection rules fit for the digital age by putting citizens back in control of their personal data and simplifying the regulatory environment for business.

This survey is a part of research being undertaken by the INBA. We request you to kindly take part in this survey. It is only for research purpose. Your participation is on voluntary basis and you may withdraw at any point in time.

https://www.indianbarassociation.org/event/survey-on-data-protection/Survey on Data Protection and Privacy Laws India

INBA's 67th Constitution Day-2016

INBA's 67th Constitution Day-2016

978 Photos · Updated about a day ago

Photos of INBA's 67th Constitution Day has been organised on Law & Policy issues on November 26, 2016 at New Delhi. The conference has been graced by Hon’ble Mr. Justice Sidharth Mridul, Judge Delhi High Court, Shri Suresh Chandra, Union Law Secretary, Govt. of India, Mr. Sarosh Zaiwalla, Senior Partner, Zaiwalla & Co, Mahaveer C. Singhvi, Joint Secretary, Ministry of External Affairs, Shashank Karnad, Partner and COO - Forensic, KPMG India and many more.

"Copyright is not a divine right and that education is an important social need. This is a huge moment": Justice Rajiv Sahai

"Copyright is not a divine right and that education is an important social need. This is a huge moment": Justice Rajiv Sahai

Start-up E-pharmacy in India

Start-up E-pharmacy in India

Need to amend Drugs and Cosmetics Act 1940 to promote e-pharmacy in India

NEW DELHI, 1 August, 2016: INBA under the leadership of Mr. Tabrez Ahmad, Chair, Startup Committee supported FICCI report on E Pharmacy along with Frost & Sullivan. With the advent of e-pharmacy, there is a need to amend the Drugs and Cosmetics Act 1940 as it does not differentiate between offline and online pharmacies. E-Pharmacy is one of the technology advancements that is about to create a huge demand in the upcoming days. In today’s world, when most of the products and services are conveniently being delivered to the consumers’ doorstep, there is a huge demand for access models that help patients and consumers avail the convenience of medicine delivery without having to leave their homes. It is stated by Kaviraj Singh, Secretary General of Indian National Bar Association.

The Government is seized of the issue and is working towards amending the existing law to develop a framework where the consumers are benefited. This was stated by Mr. K. B. Aggarwal, Additional Secretary (Food and Drugs), Ministry of Health & Family Welfare,while launching a report at a session on ‘E-pharmacy in India – Last Mile Access of Medicines’, organized by FICCI.

Mr. Aggarwal said that e-pharmacy would allow easy availability of drugs at all hours. However, there were concerns with respect to legitimacy of e-pharmacies, patients’ safety and privacy, misuse of e-pharmacy and adverse effect on retailers business. He said that there was a need to create e-pharmacy guidelines which allow proper tracking and

monitoring of sales of drugs, authenticity of online pharmacists and prescriptions, details of patients, thereby helping in reducing drug abuse and counterfeiting. He added that linking a person’s Aadhar number with e-pharmacy would ensure correctness of person seeking medicines.

Mr. Aggarwal said that for ensuring privacy and confidentiality of information, deliberations were taking place and soon the suggestions will be put up for further discussions among the stakeholders. He added that the DCGI was working towards developing its online platform and the system should be stable by the end of December 2016.

In his presentation Mr. Jayant Singh, Director, Frost & Sullivan, said that e-pharmacy was one of the technology advancements that is about to create a huge demand in the upcoming days. There was a huge demand for access models that help patients and consumers avail the convenience of medicine delivery without having to leave their homes. With the use of technology and access to inventory of multiple stores at a time, e-pharmacies can aggregate supplies, making otherwise-hard-to-find medicines available to consumers across the country.

Dr. Manisha Shridhar, Regional Adviser, World Health Organization, said that for sale of online drugs, in the EU legitimate online pharmacies will have to carry a logo and India could learn from their processes and create its own logo for e-pharmacy. She added that there was a need to work on Direct to Consumer (DTC) as with emergence of e-pharmacy many issues will emerge that would need to be deliberated upon. In his presentation on the consumer survey, Mr. Afaq Hussain, Director, BRIEF Market Research, said that 90 percent of the respondents were willing to buy medicines online as e-pharmacy brings with the convenience of ordering from mobile applications; all required medicines are available at one store/website; home delivery of medicines; better quality of medicines; better pricing and e-bill for tacking and reimbursement.

INBA seeking suggestions from the industry and legal fraternity for the changes to be brought by Government of India in its public policy and law to help the startup e-pharmacy. All the suggestions received will compile and submitted to government for further appropriate action.

INBA round table discussion on "How to promote Arbitration & Mediation" ...

| Trustman & Co.

| Trustman & Co.: The Union Cabinet chaired by the Hon’ble Prime Minister Shri Narendra Modi ji, has given its nod to the “Stand Up India Scheme” to promote entrepreneurship among SC/ST and Women entrepreneurs. The Scheme is intended to facilitate at least two such projects per bank branch, on an average one for each category of entrepreneur. The …

overseas subsidiaries of Indian companies

In reference to the circular DBOD.IBD.BC.No.96/23.37.001/2006-07 dated May 10, 2007 permitting banks in India to extend funded and/or non-funded credit facilities to step-down subsidiaries of the overseas subsidiaries of Indian companies that may not be wholly owned, subject to certain conditions. RBI has revived the above instructions and modified the same which are mentioned below.

Modified norms

·        Banks may extend funded and/or non-funded credit facilities to the step-down subsidiaries of Indian companies including to those beyond the first level, to finance the projects undertaken abroad.

·        The immediate overseas subsidiary of the Indian company must be directly controlled by the Indian parent company through any of the modes of control recognised under the Indian Accounting Standards. As per the Indian Accounting Standards, control has been defined as (a) the ownership, directly or indirectly, through subsidiary(ies), of more than one-half of the voting power of an enterprise; or (b) control of the composition of the board of directors in the case of a company or of the composition of the corresponding governing body in case of any other enterprise so as to obtain economic benefits from its activities. In addition, the Indian parent company must directly hold a minimum 51% of its shareholding.

·        All the step-down subsidiaries, including the intermediate ones, must be wholly owned subsidiary of the immediate parent company or its entire shares shall be jointly held by the immediate parent company and the Indian parent company and / or its wholly owned subsidiary. The immediate parent should, wholly or jointly with Indian parent company and / or its wholly owned subsidiary, have control over the step-down subsidiary.

·        Banks shall make additional provision of 2% (in addition to country risk provision that is applicable to all overseas exposures) against standard assets representing all exposures to the step-down subsidiaries, to cover the additional risk arising from complexity in the structure, location of different intermediary entities in different jurisdictions exposing the Indian company, and hence the bank, to greater political and regulatory risk.

Germany India Bilateral Agreement

Germany India Bilateral Agreement

Salient Features of Draft Regulatory Reform Bill, 2013

Salient Features of Draft Regulatory Reform Bill, 2013



Salient Features of Draft Regulatory Reform Bill, 2013
(i) General:
a. The objective of the proposed regulatory Bill is orderly development of infrastructure
services, enable competition and protect consumer interest in securing access to affordable and quality infrastructure.
b. The Draft Bill is guided by the three general principles of separation of power, democratic accountability, and the federal principle. Accordingly, the rule-making and enforcement functions have been separated from judicial functions, which have been vested in Appellate Tribunals. To secure democratic accountability, the regulator has been made responsible to the legislature and to the people at large. The federal principle has also been followed through distribution of subjects of economic regulation between union and state competencies.
c. The Draft Bill includes an overarching institutional framework for regulatory commissions and appellate tribunals, their role and functions, legislative, financial and judicial accountability and their interface with the market and the people.
(ii) Constitution:
Independence and autonomy are key considerations for constitution of regulatory commissions and appellate tribunals. In the Draft Bill, selection, appointment and removal of chairperson and members is insulated against any perceived interference or manipulation that may influence the outcome. The Draft Bill lays down a fair selection process where it proposes that the Chairperson and members of the regulatory commissions may be appointed by the President of India on the recommendation of the Prime minister who should choose from out of a panel of two or three names empanelled by a High Powered Selection Committee and approved by the Minister concerned.
(iii) Tariff Regulatory Commission:
The Government may also constitute tariff regulatory commissions for determination of tariffs in the provision of goods and services in public utility industries where competition is either restricted or the prices of such goods or services are determined by the government or an entity owned or controlled by the government.
(iv) Tenure and other conditions:
Tenure of members is proposed to be fixed at four years. It is proposed that qualifications and experience of members should be specified by law with a view to ensure a multi-disciplinary composition of the regulatory commissions and appellate tribunals. Further, at least one member may also be drawn from other than public sector background to enrich the functioning
of the regulatory bodies

Uzbekistan, Kazakhstan, Kyrgyzstan, Tajikistan and Turkmenistan

A Snapshot of Hon’ble Prime Minister Shri Narendra Modi’s  visit to Central Asian Countries— Uzbekistan, Kazakhstan, Kyrgyzstan, Tajikistan and Turkmenistan (6^th-13^th July, 2015)

Hon’ble Prime Minister Shri Narendra Modi during his visit to Central Asian Countries- Uzbekistan, Kazakhstan, Kyrgyzstan, Tajikistan and Turkmenistan from (6th -13th July) aimed at enhancing strategic, economic and energy ties along with cooperation in the field of trade and investments. Shri Narendra Modi is the first Indian PM to visit the five Central Asian nations in one trip. During the visit India signed several MOUs and Agreements with each of these Central Asian countries.Uzbekistan, Kazakhstan, Kyrgyzstan, Tajikistan and Turkmenistan