The Real Estate (Regulation and Development) Bill, 2013

The Real Estate (Regulation and Development) Bill, 2013

The Union Cabinet chaired by the Hon’ble Prime Minister, Shri Narendra Modi, has given its approval to amendments to the Real Estate (Regulation and Development) Bill, 2013. The Real Estate (Regulation and Development) Bill is a pioneering initiative to protect the interest of consumers, promote fair play in real estate transactions and to ensure timely execution of projects. The Bill provides for a uniform regulatory environment, help speedy adjudication of disputes and ensure orderly growth of the real estate sector.

The recommendations of the Standing Committee of Parliament on Urban Development and suggestions of various stakeholders have also been included in the amended bill. The various measures taken under the bill are expected to boost domestic and foreign investment in the sector and help achieve the objective of the Government of India to provide ‘Housing for All by 2022’, through enhanced private participation.

The Bill is expected to ensure greater accountability towards consumers, significantly reduce frauds and delays, promote professionalism and standardization. The Bill also aims at restoring confidence of the general public in the real estate sector by instituting transparency and accountability in real estate and housing transactions. Further, it also ensures mandatory disclosure by promoters to customers through registration of real estate projects as well as real estate agents with the Real Estate Regulatory Authority.

The salient features of the Bill are as under :

The Real Estate (Regulation and Development) Bill, 2013

Webinar on Doing Business in Germany & India : Basic Laws

Webinar on Doing Business in Germany & India : Basic Laws

Free Webinar on Doing Business in Germany & India: Basic Laws.

Thursday, May 28, 2015 11:10 AM – 12:15 PM.

The topics to be recovered the labour relations system, the consequences of terminating employment contracts, employment litigation and seconded employees. Also, the presenters will point out specific particularities of the employment laws in their various countries.

1. How to open office and Regulatory compliance.
2. How to hire a local attorney Key insights and information on European markets and sectors.
3. How we can help you take advantage of the new opportunities available Trade Finance.

Make in India Policy – Part I

Make in India Policy – Part I

Shri Narendra Modi, Prime Minister of India

Launching his government’s ambitious project to make India a manufacturing hub, Prime Minister Narendra Modi promised effective and easy governance to help achieve high growth and creation of jobs. The ambitious scheme, that also puts in place the logistics and systems to address in a timely manner queries of potential investors, was unveiled along with a logo, a portal and brochures on 25 identified growth sectors before Who’s Who of the corporate world from India and abroad at the Vigyan Bhavan conference complex.

A major new national program designed to facilitate investment, foster innovation, enhance skill development, protect intellectual property and build the best-in-class manufacturing infrastructure are the primary reasons to take an interest in this program which is designed to transform India into a global manufacturing hub. New smart cities and industrial clusters, are being developed in identified industrial corridors having connectivity, new youth-focused programs and institutions dedicated to developing specialized skills.

With the easing of investment caps and controls, India’s high- value industrial sectors – defense, construction and railways – are now open to global participation 100% FDI allowed in Defense sector for modern and state of the art technology on case to case basis.100% FDI under automatic route permitted in construction, operation and maintenance in some specified Rail Infrastructure projects.

Most importantly, the Make in India program represents an attitudinal shift in how India relates to investors, not as a permit-issuing authority, but as a true business partner. Dedicated teams that will be guiding and assisting first-time investors, from their time of arrival. Focused targeting of companies across sectors.

Investment allowance (additional depreciation) at the rate of 15 percent to manufacturing companies that invest more than INR 1 billion in plant and machinery available till to 31.3.2015. Each state government has its own incentive policy, which offers various types of incentives based on the amount of investments, project location, employment generation, etc. The incentives differ from state to state and are generally laid down in each state’s industrial policy. The broad categories of state incentives include: stamp duty exemption for land acquisition, refund or exemption of value added tax, exemption from payment of electricity duty etc.

The Indian government has also taken several initiatives to create a conducive environment for the protection of intellectual property rights of innovators and creators by bringing about changes at legislative and policy level. In addition, specific focus has been placed on improved service delivery by upgrading infrastructure, building capacity and using state-of-the-art technology in the functioning of intellectual property offices in the country. This measure has resulted in sweeping changes in IP administration within the country.

There is now efficient processing of IP applications by inducting additional manpower, augment IT facilities and automation in Intellectual Property Offices. The adoption of best practices in IP processing. The strengthening of public delivery system of IP services. There now are highest levels of transparency and user-friendliness. The IPR framework in India is stable and well established from a legal, judicial and administrative point of view and is fully compliant with the Agreement on Trade-Related Aspects of Intellectual Property Rights. India is committed to wide range of international treaties and conventions relating to intellectual property rights. Wide range of awareness programs are being conducted by the Government. During the last few years, Indian IP offices have undergone major improvements in terms of upgrading of the IP legislation, infrastructure facilities, human resources, the processing of IP applications, computerization, databases, quality services to stakeholders, transparency in functioning and free access to IP-data through a dynamic website. State of the art, integrated and IT- enabled office buildings have been created during the last few years in New Delhi, Kolkata, Chennai and Mumbai and Ahmedabad, housing central wings for Patents and Designs and Trademarks and Geographical Indications.

Made in India Policy Part II

Make in India Policy – Part II

The need to raise the global competitiveness of the Indian manufacturing sector is imperative for the country’s long term-growth. The National Manufacturing Policy is by far the most comprehensive and significant policy initiative taken by the Government. The policy is the first of its kind for the manufacturing sector as it addresses areas of regulation, infrastructure, skill development, technology, availability of finance, exit mechanism and other pertinent factors related to the growth of the sector. The aim is to create 100 million additional jobs by 2022 in manufacturing sector. Creation of appropriate skill sets among rural migrants and the urban poor for inclusive growth. There is an increase in domestic value addition and technological depth in manufacturing. There is a need to enhance the global competitiveness of the Indian manufacturing sector. There exists a need to ensure sustainable growth, particularly with regard to environment.

The focus is on promoting employment-intensive industries like textiles and garments, leather and footwear, gems and jewellery and food processing industries. Capital goods industries like machine tools, heavy electrical equipment, heavy transport, earthmoving & mining equipment. Industries with strategic significance like aerospace, shipping, IT hardware & electronics, telecommunication equipment, defense equipment and solar energy are being focused on. Industries where India enjoys a competitive advantage such as automobiles, pharmaceuticals & medical equipment are further being improved.

The National Investment and Manufacturing Zones are being conceived as giant industrial greenfield townships to promote world-class manufacturing activities. The central government will be responsible for bearing the cost of master planning, improving/providing external physical infrastructure linkages including rail, road, ports, airports and telecom, providing institutional infrastructure for productivity, skill development and the promotion of domestic and global investments.

State governments will be responsible for water requirement, power connectivity, physical infrastructure, utility linkages, environmental impact studies and bearing the cost of resettlement and rehabilitation packages for the owners of acquired land. The state government will also play a role in its acquisition if necessary. In government, purchase preferences will be given to units in the national investment and manufacturing zones. Central & State governments to provide exemptions from rules and regulations related to labour, environment etc. subject to the fulfilment of certain conditions.

The Make in India policy intends to leverage the existing incentives/schemes of government. A technology acquisition and development fund has been proposed for the acquisition of appropriate technologies, the creation of a patent pool and the development of domestic manufacturing of equipment used for controlling pollution and reducing energy consumption. There are incentives for the production of equipment/machines/devices for controlling pollution, reducing energy consumption and water conservation. The policy will also consider use of public procurement with stipulation of local value addition in specified sectors. These include areas of critical technologies such as solar energy equipment, electronic hardware, fuel efficient transport equipment, IT based security systems, power, roads & highways, railways, aviation and ports. In conclusion we can truly say there’s never been a better time to make in India.

India Israel Trade

India Israel Trade

Israel has extraordinary achievements in agriculture and agro-technology, irrigation, solar energy, and in many hi-tech industries and start-ups. Based on intensive R&D, Israel today is not only the land of milk and honey but also the land of hi-tech, including software, communications, biotechnology, pharmaceuticals, nanotechnology, electronics, software, medical equipment, printing, and computerized graphics. The major focus of the civilian trade has been in the areas of diamonds, agriculture, pharmaceuticals, chemicals and the IT sector. Trade and cooperation between the countries now centers primarily on security-related deals and aid in areas such as agriculture and water desalination. Israel outsources significant amount of legal work to India. Being a destination of choice for Legal Process Outsourcing, Indian legal professionals have now specialized in Israeli laws and are equipped to provide quality services. There is great scope of growth in the legal service sector.

Israel’s core strength in R&D involve in areas like life sciences, pharmaceuticals, biotechnology, software, telecommunication and semiconductors. Israel’s electronics industry excels in developing systems and solutions for micro-electronics, semiconductors, communications, Internet applications, electronic equipments, medical devices and diagnostic systems, smart-cards etc. There are ample opportunities of cooperation between India and Israel in the IT sector. India is a fast-growing economy with a strong consumer base and manufacturing capabilities. Israel has intrinsic strengths in product development and technological innovations. The promising sectors in India are renewable energy, telecom, food production, automobiles among others. Israeli companies have invested in India in projects involving agriculture and water technologies. Israeli companies are also setting up Research and Development (R&D) centers or production units in India. Major exports from India to Israel include precious stones and metals, chemical products, textile and textile articles, plants and vegetable products, mineral products, rubber and plastic products, base metals and machinery. Major exports from Israel to India include precious stones and metals, chemical and mineral products, base metals, machinery, and transport equipment.

Israel has offered India all help with top-notch military technologies like the Iron Dome interceptor in tune with PM Narendra Modi’s ‘Make in India’ policy, which includes indigenous defense production as a key thrust area. The ‘Make in India’ initiative has a lot in store for the Indian as well as foreign investors and manufacturers alike with the key focus on public-private partnerships and harnessing the potential of “Democracy, Demography and Demand.” While India Inc is set to gain from the campaign, the government has also stressed on inviting two kinds of FDIs- First Develop India and Foreign Direct Investment, where for India, FDI is a responsibility, it means to First Develop in India and for global investors, FDI is an opportunity in the form of Foreign Direct Investment. Being a facilitation window for investors wanting to do business in the country, Make in India campaign will act as a facilitator to foreign investors, guiding them through clearances and advising them on joint venture partners as well.

Mr. Kaviraj Singh, Secretary General, INBA

Mr. Kaviraj Singh, Secretary General, INBA share his views on INBA, 65th National Law Day conference.

Professional Conduct and Etiquette for Lawyer India

Professional Conduct and Etiquette for Lawyer India

(Made by the Bar Council of India under Section 49(1 )(c) of the Advocates Act, 1961)

An Advocate shall, at all times, comport himself in a manner befitting his status as an officer of the Court, a privileged member of the community, and a gentleman, bearing in mind that what may be lawful and normal for a person who is not a member of the Bar, or for a member of the Bar in his non-professional capacity may still be improper for an advocate. Without prejudice to the generality of the foregoing obligation, an advocate shall fearlessly uphold the interests of his client, and in his conduct conform to the rules hereinafter mentioned both in letter and in spirit. The rules hereinafter mentioned contain cannons of conduct and etiquette adopted as general guides; yet specific mention thereof shall not be construed as a denial of the existence of others equally imperative though not specifically mentioned.

• An advocate shall, during the presentation of his case and while otherwise acting before a Court, conduct himself with dignity and self-respect. He shall not be servile and whenever there is proper ground for serious complaint against a judicial officer, it shall be his right and duty to submit his grievance to proper authorities.
• An advocate shall maintain towards the Courts a respectful attitude, bearing in mind that the dignity of the judicial office is essential for the survival of a free community.
• An advocate shall not influence the decision of a Court by any illegal or improper means. Private communications with Judge relating to a pending case are forbidden.
• An advocate shall use his best efforts to restrain and prevent his client from restoring to sharp or unfair practices or from doing anything in relation to the Court, opposing counsel or parties which the advocate himself ought not to do. An advocate shall refuse to represent the client who persists in such improper conduct. He shall not consider himself a mere mouthpiece of the client, and shall exercise his own judgment in the use of restrained language in correspondence, avoiding scurrilious attacks in pleadings, and using intemperate language during arguments in Court.
• An advocate shall appear in Court at all times only in the prescribed dress, and his appearance shall always be presentable.
• An advocate shall not enter appearance, act, plead or practice in any way before a Court, Tribunal or Authority mentioned in Section 30 of the Act, if the sole or any member thereof is related to be Advocate as father, grandfather, son, grandson, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, daughter-in-law or sister-in-law.
• An advocate shall not wear bands or gown in public places other than in Courts except on such ceremonial occasions, and at such places as the Bar Council or the Court may prescribe.
• An Advocate shall not appear in or before any Court or Tribunal or any other authority for or against an organisation or an institution, society or corporation, if he is a member of the Executive Committee of such organisation or institution or society or corporation. “Executive Committee,” by whatever name it may be called, shall include any Committee or body of persons which, for the time being, is vested with the general management of the affairs of the organisation or institution, society or corporation. Provided that this Rule shall not apply to such a member appearing as ‘amicus curiae’ or without a fees in a matter affecting the affairs or a Bar Council, Incorporated Law Society or a Bar Association.
• An Advocate should not act or plead in any matter in which he himself is pecuniarily interested.
  
  Illustration :
  
       1) He should not act in a bankruptcy petition when he himself is also a creditor of the bankrupt.
       2) He should not accept a brief from a company of which he is a director.


• An Advocate shall not stand as a surety, or certify the soundness of surety, for his client required for the purpose of any legal proceedings.

Section II - Duty to the Client

• An Advocate is bound to accept any brief in the Courts or Tribunals or before any authority in or before which he professes to practise at a fee consistent with his standing at the Bar and the nature of the case. Special circumstances may justify his refusal to accept a particular brief.
• An Advocate shall not ordinarily withdraw from engagements once accepted, without sufficient cause and unless reasonable and sufficient notice is given, to the client. Upon his withdrawal from a case, he shall refund such part of the fee as has not been earned.
• An Advocate should not accept a brief or appear in a case in which he has reason to believe that he will be a witness and if being engaged in case, it becomes apparent that he is a witness on a material question of fact, he should not continue to appear as an Advocate if he can retire without jeopardising his client’s interests.
• An Advocate shall at the commencement of his engagement and during the continuance thereof, make all such full and frank disclosures to his client relating to his connection with the parties and any interest in or about the controversy as are likely to affect his client’s judgment in either engaging him or continuing the engagement.
• It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and honourable means without regard to any unpleasant consequences to himself or any other. He shall defend a person accused of a crime regardless of his personal opinion as to the accused, bearing in mind that his loyalty is to the law which requires that no man should be convicted without adequate evidence.
• An Advocate appearing for the prosecution in a criminal trial shall so conduct the prosecution that it does not lead to conviction of the innocent. The suppression of material capable of establishing the innocence of the accused shall be scrupulously avoided.
• An Advocate shall not, directly or indirectly, commit a breach of the obligations imposed by Section 126 of the Indian Evidence Act.
• An Advocate shall not, at any time, be a party to fomenting of litigation.
• An Advocate shall not act on the instruction of any person other than his client or his authorised agent.
• An Advocate shall not stipulate for a fee contingent on the results of litigation or agree to share the proceeds thereof.
• An Advocate shall not buy or traffic in or stipulate for or agree to receive any share or interest in any actionable claim. Nothing in this Rule shall apply to stock, shares debentures or government securities, or to any instruments which are for the time being, by law or custom negotiable, or to any mercantile document or title to goods.
• An Advocate shall not, directly or indirectly, bid for or purchase, either in his own name or in any other name, for his own benefit or for the benefit of any person, any property sold in the execution of a decree or order in any suit, appeal or other proceeding in which he was in any way professionally engaged. This prohibition, however, does not prevent an Advocate from bidding for or purchasing for his client any property which his client may himself legally bid for or purchase provided the Advocate is expressly authorised in writing in this behalf.
• An Advocate shall not adjust fees payable to him by his client against his own personal liability to the client, which liability does not arise in the course of his employment as an Advocate.
• An Advocate shall not do any thing whereby he abuses or takes advantage of the confidence reposed in him by his client.
• An advocate should keep accounts of the client’s money entrusted to him, and the accounts should show the amounts received from the client or on his behalf, the expenses incurred for him and the debits made on account of fees with respective dates and all other necessary particular.
• Where moneys are received from or on account of a client, the entries in the accounts should contain a reference as to whether the amounts have been received for fees or expenses, and during the course of the proceedings, no Advocate shall, except with the consent in writing of the client concerned, be at liberty to divert any portion of the expenses towards fees.
• Where any amount is received or given to him on behalf of his client the fact of such receipt must be intimated to the client as early as possible.
• After the termination of the proceeding the Advocate shall be at liberty to appropriate towards the settled fee due to him any sum remaining unexpended out of the amount paid or sent to him for expenses, or any amount that has come into his hands in that proceeding.
• Where the fee has been left unsettled, the Advocate shall be entitled to deduct, out of any moneys of the client remaining in his hands, at the termination of the proceeding for which he had been engaged, the fee payable under the rules of the Courts in force for the time being, or by then settled and the balance, if any, shall be refunded to the client.
• A copy of the client’s account should be furnished to him on demand provided the necessary copying charge is paid.
• An Advocate shall not enter into arrangements whereby funds in his hands are converted into loans.
• An Advocate shall not lend money to his client, for the purpose of any action or legal proceedings in which he is engaged by such client.
  
     Explanation -  An Advocate shall not be held guilty of a breach of this rule, if in the course of a pending, suit or proceedings, and without any arrangement with the client in respect of the same, the Advocate feels compelled by reason of the rule of the Court to make a payment to the Court on account of the client for the progress of the suit or proceeding.


• An Advocate who has at any time, advised in connection with the institution of a suit, appeal or other matter or has drawn pleadings or acted for a party, shall not appear or plead for the opposite party.