Posts Tagged ‘India’

Big Mart Opening offers Stores India Nepal Asia



The Big Mart is Growing Grocery Supermarket store Brand. As we are Appointing our Franchise in all over World. Big Mart Brand has started its journey with free …

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Be the first to comment - What do you think?  Posted by admin - September 13, 2018 at 3:25 am

Categories: Asian best food   Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Big Mart Supermarket India Nepal Asia



The Big Mart is Growing Grocery Supermarket store Brand. As we are Appointing our Franchise in all over World. Big Mart Brand has started its journey with free home delivery services of food and grocery. Big Mart allows you to walk away from the drudgery of grocery shopping and welcome an easy relaxed way of browsing and shopping for groceries. Discover new products and shop for all your food and grocery needs from the comfort of your home or office. No more getting stuck in traffic jams, paying for parking, standing in long queues and carrying heavy bags – get everything you need, when you need, right at your doorstep.
Big Mart (Big Mart Retail Corporation and White Blue Retail) is one of the fastest growing express home delivery food and grocery company covering worldwide which is incorporated in the year 2016 In India.
BIG Mart is a online food and grocery store. With over 22,000 products and over a 1200 brands in our catalogue you will find everything you are looking for. Right from, Rice and food, Spices and Seasonings to Packaged products, Beverages, Personal care products, Meats – we have it all.We guarantee on time delivery, and the best quality!
in the years of 2009 big mart started its operation through its first COCO retail store on small size 100 sft. to 300 sft. area. big mart is giving door step delivery to its customer through our retail stores .Big Mart now came with franchise model from India in 2017 as a departmental and convenience store on 300 sft area to 500 sft area with FOCO Model and FOFO Model. Our first Foco model store is running in Kolkata New Town . We stock an expansive range of daily need items including groceries, candies, personal care products, soft drinks, ready-to-eat food, ice-cream, toiletries, tobacco products, magazines, and newspapers etc. Besides basic everyday items, we also offer additional services like phone recharge and wire transfer. Started small area of with free home delivery. today Big Mart has become a well-known name in the retail industry With our unmatched services, attractive prices and high-quality products, we have touched the lives of young customers.Big Mart has started its first franchising concept “”SHOP FROM HOME”” now we are giving franchise in both segment, SHOP FROM HOME and OUTLET STORE.

www.bigmartretail.com

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1 comment - What do you think?  Posted by admin - June 4, 2018 at 5:19 pm

Categories: Asian best food   Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Indian Street Food Tour in Mumbai, India | Street Food in India BEST Curry



FOOD RANGER MERCH NOW AVAILABLE!
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Indian Street Food Mumbai – Indian Street Food – Street Food India
Indian street food and Indian Food is something I’ve always dreamed about trying! So I flew to Mumbai, India and have been eating street food and curry non stop. Best Street Food I’ve tasted! The Indian food is so good in Mumbai! I’ve eaten street food in Chennai, street food in Hyderabad, and street food in Mumbai, all of which has been amazing!

The street food in Mumbai was so delicious. The restaurant food was also very nice! I had some amazing curry and thali and veg + non-veg food

Here are the locations for the Indian street food and Indian restaurants in Mumbai that I tried:

1) Pav Bhaji at Khau Ghali Street – Zaveri Bazzar
2) Vada Pav at Ashok Vada Pav
3) Malpua at Suleman Usman Mithaiwala
4) Tandoori Quail and Lamb Brain Gravy at Minara Masjid road – Temporary tent for Ramadan Special
5) Bheja at Bademiya Soup
6) Street Kachori at Khau Ghali Street – Zaveri Bazzar
7) Pani Puri at Elco Pani Puri Center
8) Sev Khamani at Khau Ghali Street – Zaveri Bazzar
9) Thali at Friends Union Joshi Club

ABOUT THE FOOD RANGER
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My name is Trevor James and I’m a hungry traveler and Mandarin learner that’s currently living in Chengdu, Szechuan, China, eating up as much delicious .

I enjoy tasting and documenting as many dishes as I can and I’m going to make videos for YOU along the way! Over the next few years, I’m going to travel around the world and document as much food as I can for you! I love delicious food! This channel will show you real Chinese food and real local food, not that stuff they serve in the Buzzfeed challenge.

Thanks for watching, and please feel free to leave a comment, suggestion, or critique in the comments below!

Please make sure to subscribe, it’s the best way to keep my videos in your feed, and give me a thumbs up too if you liked this food video, thanks, I appreciate it! You could also share the video too if you liked it, that would be awesome.

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Love the music I use? Get a FREE month from me to you! I’m using this library for a few months now (since July 2017) and LOVE it.

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28 comments - What do you think?  Posted by admin - January 9, 2018 at 11:27 pm

Categories: Asian best food   Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Asian Food and Culture: Food In The Muslim World



Asia is home to the worlds four major religions; one of them, Islam. United in their worship of Allah, in this program we learn of another way they are united; Food which embodies Islam. From the desserts of Iran to Bhiriyani of India, and Indonesia, we see a variety of Muslim cuisines throughout Asia.

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1 comment - What do you think?  Posted by admin - January 5, 2018 at 11:12 am

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What Does the Environment Try to eat for Breakfast?

What Does the Environment Try to eat for Breakfast?



Where by should your taste buds truly dwell?
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“Where’s My Potato?”
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30 comments - What do you think?  Posted by admin - December 22, 2017 at 8:34 am

Categories: Asian best food   Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Remark on Artwork 12 of Constitution of India

Remark on Artwork 12 of Constitution of India

Remark on Artwork 12 of Constitution of India.

The structure of India has described the phrase Condition for the function of Component –III and Component IV.

In  Condition OF WEST BANGAL V/S SUBODH GOPAL BOSE, the SC observed that the object of Component III is to give protection to the rights and freedoms guaranteed under this section by the invasion of Condition.

Component III and Component IV  carry a theme of Human Legal rights, Dignity of Particular person and also of the unity and dignity of the nation.

These elements respectively as a Unfavorable Obligation of the Condition and not to Interfere with the Liberty of the Particular person, and Favourable Obligation of the Condition to choose techniques for the welfare of the Particular person.

Sate under Artwork 12 of the structure has Four Parts:

  1. 1. The Federal government and Parliament of India

Federal government indicates any department or establishment of department Parliament shall consist of the President, the Home of Persons and Council of Condition.

  1. The Federal government and Legislature of every Condition.

Condition Legislatures of every Condition consist of the Governor, Legislative Council, and Legislative Assembly or any of them.

  1. All Local Authorities  and

It indicates, Municipal boards Panchayats, Physique of Port Commissioner, and other legally entitled to or entrusted by the federal government.

  1. Other Authorities inside the territory of India or under the control of Federal government of India.

The first two categories incorporated the legislative and government wings of the Union and Condition in all their attainable versions. They are rather specific and self explanatory.

Judicial Scrutiny

The letter two categories, significantly the very last are not so specific and require some clarification. To give a wider dimension to FR the Judiciary has interpreted “Condition” in unique context at unique time.

Basic principle of Ejusdem Generis:

In University of Madras v/s Santa Bai ,the Madras High Court docket evolved the theory of ejusdem generis i.e. of the like nature. It indicates that people authorities are protected under the expression ‘other authorities which conduct governmental or sovereign capabilities.

In Ujjam Bai v/s Union of India the Supreme Court docket rejected the theory of ejusdem generis .It observed that there is no prevalent genus between the authorities described in Short article 12. And by providing the reference of Artwork 19 (1) (g), and Artwork 298 which contemplated engagement of state in the functionality of business activity, and Artwork 46 marketing of schooling or financial fascination.

In Rajasthan Condition Electrical power Board v/s Mohan Lals it was held that to be Condition, it is not vital that the authority will have to be carrying out governmental or sovereign capabilities .It must-
( i ) Be made by the Constitution of India
(ii ) Have energy to make legal guidelines

In R.D.Shetty  v/s Worldwide Airport Authority, the Court docket laid down five tests to be an other authority-
( i ) Complete share cash is owned or managed by Condition.
( ii ) Enjoys monopoly position.
( iii ) Division of Federal government is transferred to Company.
( iv ) Purposeful character governmental in essence.
( v ) Deep and pervasive Condition control.

( f ) Item of Authority
In Ajay Hasia v/s Khalid Mujib the Court docket observed that the take a look at to know whether a juristic human being is Condition is not how it has been introduced but why it has been introduced.

( g ) Clearance of five tests
In Union of India v/s R.C.Jain , to be a regional authority, an authority will have to satisfy the next tests-
( i ) Independent authorized existence.
( ii ) Functionality in a described spot.
( iii ) Has energy to raise cash.
( iv ) Enjoys autonomy.
( v ) Entrusted by a statute with capabilities which are normally entrusted to municipalities.

In Prem Garg v/s Excise Commissioner H.P. the Supreme Court docket held that when rule earning energy of judiciary is anxious, it is Condition.
Other jurists say that considering that judiciary has not been especially described in Short article 12, it is not Condition, consequently if the Decide or magistrates are not be aware Condition although there are functioning  as a Judiciary. But if they are also working as Administrator then they will be dealt with as Condition inside the indicating of Artwork 12.  The Main Justice of High courtroom shall have capabilities in twin job :

  1. Main Justice of High Court docket
  2. Main Administrative of High Court docket.

If any citizen aggrieved by the act of the Main Justice , although he was purpose as main administrator of the large courtroom then that main justice has no cure and he shall be dealt with as a Condition under the Artwork 12.

Summary
The phrase ‘State’ under Short article 12 has been interpreted by the courts as for every the transforming instances .It has acquired wider indicating which guarantees that Component-III can be used to a greater extent. We hope that it would continue on to extent its width in coming instances.



Supply by Naveen Kumar Shelar

Be the first to comment - What do you think?  Posted by admin - October 25, 2017 at 7:51 pm

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Data Protection Laws of India

Data Protection Laws of India

In the recent years India has emerged as one of the preferred destinations for offshore business outsourcing. Financial services, educational services, legal services, banking services, healthcare services, marketing services and telecommunication services . The factors that have turned India into one of the hotspots for offshore outsourcing are the educated and unemployed masses, enterprising nature of Indians who have excellent spoken English skills and relatively cheap labour.

In June 2005, one BPO was in the eye of the storm when one of its employees sold personal data belonging to a large number of British nationals to an undercover reporter from the British tabloid ‘The Sun’. The incident sparked off a debate among the offshore industry circles, media and the legal world as to how safe foreign data is in Indian hands. The discussions were also veered towards the need for some kind of protection for personal data in India which is absent currently.

Data Protection Issues have time and again raised concern in the authorities about the cyber extortion, privacy, confidentiality, data protection and national security. With the increasing penetration in the online usage of more and more people towards internet, e-banking, e-shopping etc. the concerns of data protection and related issues are growing day by day.

Privacy is closely connected to Data Protection. An individual’s data like his name address, telephone numbers, profession, family, choices, etc. are often available at various places like schools, colleges, banks, directories, surveys and on various web sites.

Passing on such information to interested parties can lead to intrusion in privacy like incessant marketing calls.

It would be a misnomer to say that India does not have ‘data protection’ legislation at all.

This is factually wrong. The fact is that there exists data protection legislation in India.

The subject matter of data protection and privacy has been dealt within the Information

Technology Act, 2000 but not in an exclusive manner.

Data protection is not a subject in any of the three lists in Schedule VII of the

Constitution of India. But Entry 97 of List 1 states: “any other matter not enumerated in

List II and List III …….” Thus only the Indian Parliament is competent to legislate on

data protection since it can be interpreted as any other matter not enumerated in List II

and List III.

Data protection is, thus, a Central subject and only the Central Government is competent

to frame legislations on issues dealing with data protection. In fact, the Information

Technology Act, 2000,and the Indian Copyright Act, 1957 , enacted by the Indian Parliament are the main legislations in this field, which contains provisions on data protection. There is also a proposed Personal Data Protection Bill, 2006, which deals with the protection of personal data.

THE INFORMATION TECHNOLOGY ACT, 2000

The Indian Parliament enacted an Act called the Information Technology Act, 2000. It

received the assent of the President on the 9th June, 2000 and is effective from 17th October, 2000. This Act is based on the Resolution A/RES/51/162 adopted by the General Assembly of the United Nations on 30th January, 1997 regarding the Model Law

on Electronic Commerce earlier adopted by the United Nations Commission on International Trade Law (UNCITRAL) in its twenty-ninth session.

It was a foresight on the part of the Government of India to initiate the entire process of

enacting India’s first ever information technology legislation in the year 1997 itself.

It is significant to note that by enactment of the Information Technology Act, 2000, the

Indian Parliament provided a new legal idiom to data protection and privacy. The main

principles on data protection and privacy enumerated under the Information Technology

Act, 2000 are:

(i) defining ‘data’, ‘computer database’, ‘information’, ‘electronic form’, ‘originator’, ‘addressee’ etc.

(ii) creating civil liability if any person accesses or secures access to computer, computer system or computer network

(iii) creating criminal liability if any person accesses or secures access to computer, computer system or computer network

(iv) declaring any computer, computer system or computer network as a protected system

(v) imposing penalty for breach of confidentiality and privacy

(vi) setting up of hierarchy of regulatory authorities, namely adjudicating officers, the Cyber Regulations Appellate Tribunal etc.

Further, the Information Technology Act, 2000 defines certain key terms with respect to data protection, like access [S.2 (1)(a)], Computer [S.2 (1)(i)], Computer network [S.2 (1)(j), Computer resource [S.2 (1)(k)], Computer system [S.2 (1)(l)], Computer database

[S.43, Explanation (ii)],Data [S.2 (1)(o)], Electronic form [S.2 (1)(r)], Electronic record

[S.2 (1)(t], Information [S.2 (1)(v)], Intermediary [S.2 (1)(w)], Secure system [S.2(1)(ze)] and Security procedure [S.2 (1)(zf)].

Civil liability in case of data, computer database theft, privacy violation etc.

The Act provides a complete Chapter (Chapter IX) on cyber contraventions, i.e., section

43 (a) – (h) which cover a wide range of cyber contraventions related to unauthorised

access to computer, computer system, computer network or resources.

Section 43 of the Act covers instances such as: (a) computer trespass, violation of privacy

etc. (b) unauthorised digital copying, downloading and extraction of data, computer

database or information;. theft of data held or stored in any media, (c) unauthorised

transmission of data or programme residing within a computer, computer system or

computer network (cookies, spyware, GUID or digital profiling are not legally

permissible), (d) data loss, data corruption etc., (e) computer data/database disruption,

spamming etc., (f) denial of service attacks, data theft, fraud, forgery etc., (g)

unauthorised access to computer data/computer databases and (h) instances of data theft

(passwords, login IDs) etc.

Criminal liability in case of data, computer database theft, privacy violation etc.

The Act also provides a complete Chapter (Chapter XI) on cyber offences, i.e., sections

65-74 which cover a wide range of cyber offences, including offences related to unauthorised alteration, deletion, addition, modification, alteration, destruction, duplication or transmission of data, and computer database.

For example, section 65 [Tampering with computer source documents] of the Act is not

limited to protecting computer source code only, but it also safeguards data and computer

databases; and similarly section 66 [Hacking with Computer System] covers cyber offences related to (a) Illegal access, (b) Illegal interception, (c) Data interference, (d)

System interference, (e) Misuse of devices, etc.

Interestingly, section 72 [Penalty for breach of confidentiality and privacy] is aimed at

public (and private) authorities10, which have been granted power under the Act to secure

access to any electronic record, book, register, correspondence, information, document or

other material information. The idea behind the aforesaid section is that the person who has secured access to any such information shall not take unfair advantage of it by disclosing it to the third party without obtaining the consent of the disclosing party.

INDIAN COPYRIGHT ACT, 1957 protects “Databases” as ‘literary works’ under Section 13 (1) (a) of the Act which says that Copyright shall subsists throughout India in original literary, dramatic, musical and artistic works

Copyright Act 1957 – Section 2(6)–Literary work–Compilation of list of clients /customers developed by a person by devoting time, money, labour and skill amounts to a literary work wherein the author has a copyright.

Section 2(o) defines `literary work’ to include (among others) computer programmes, tables and compilations including computer databases.. Under section 14, literary work is one of the items wherein exclusive rights can be claimed so as to amount to copyright. Under Section 17(c) if a work is made in the course of other’s employment under a contract of service or apprenticeship it is the employer who is the first owner of the copyright therein in the absence of any agreement to the contrary.

THE PERSONAL DATA PROTECTION BILL, 2006 : The purpose of this bill is to provide protection of personal data and information of an individual collected for a particular purpose by one organization, and to prevent its usage by other organization for commercial or other purposes and entitle the individual to claim compensation or damages due to disclosure of personal data or information of any individual without his consent and for matters connected with the Act or incidental to the Act.

Section 2 (c) defines “personal data” as information or data which relate to a living individual who can be identified from that information or data whether collected by any Government or any private organization or agency.

The personal data of any person collected for a particular purpose or obtained in connection with any transaction, whether by appropriate Government or by any private organization, shall not be put to processing without the consent of the person concerned. Provided that personal data of any person may be processed for any of the following

purposes:—

(a) the prevention or detection of crime;

(b) the prosecution of offenders; and

(c) the assessment or collection of any tax or duty.

Provided further that no consent of the individual shall be required if the personal data details of the individual are obtained through sources which have been made public.

Provisions contained in this Act are relates to data to be obtained of any person collected by an organization whether government or private, shall not be disclosed to any other organization for the purposes of direct marketing or for any commercial gain and if there is a contravention to this the person shall be entitled to compensation in addition to imprisonment for a term, which may extend to three years or with fine, which may extend upto ten lakh rupees or with both if contravenes or attempts contravene or abets the contravention of any provisions.

If the person committing the contravention is a company, then , every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of the company as well as the company, shall be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:

Data controllers have been proposed to be appointed to look upon the matters relating to violation of the proposed Act

JUDICIAL APPRAISAL

· In the matter of Himalaya Drug Company V/s. Sumit 2006(32) PTC 112 (DEL), the Delhi High Court proceeded ex-parte against the defendant who admitted to pass a Herbal Data Base as that of plaintiff’s and violated the trade dress.
The Delhi High Court not only restrained the defendant by an order of permanent injunction from reproducing, communicating to the public, adopting, using or infringing in any other manner the plaintiff’s Copyright in the Herbal Data Base as well as each Herbal Write-up /Description that comprises the Herbal Data Base, but also awarded punitive damages to the extent of Rs. 8 lacs.

· In the recent case of, Daljit Titus, Advocate & Ors. V/s. Alfred A. Adevare & Ors. 2006(32) PTC 609 (DEL), the Delhi High Court protected the works done by the defendant in the plaintiff’s law firm as an employee of the firm for the benefit of clients of the plaintiff under their contract of service.

It observed that the defendants were free to carry on their profession, utilize the skills and information they had mentally retained, but restrained them from using the copied material of the plaintiff in which the plaintiff alone has a right. The defendants were also restrained to utilize the agreements, due diligence reports, list of clients and all such materials which came to their knowledge or have been developed during their relationship with the plaintiff.
The above case raise the issue of well drafted contracts before entering into any kind of relationship with the parties. It envisaged the need of the proper clauses to be drafted as to the dealing of Data, Computer Data Base while in relationship or at the termination of such agreements. Para 6.28 of P.Narayanan on Copyright and Industrial Design – (Third Edition) says that “Whenever an employee of a Solicitor firm drafts a document, the employer is the first owner of the Copyright document”, which means that to protect the Data, computer Data Bases of an organization, one needs to have good drafted contracts with an employee so that no dispute arises after the termination of service of an employee.

· In Burlington Home Shopping Pvt. Ltd. Vs. Rajnish Chibber, 1995 IVAD (Delhi) the highcourt of delhi observed that”Trade catalogues are generally compilations, and as such are capable of protection as literary works. On similar principles, a computer database, stored on tape, disk or by other electronic means, would also generally be a compilation and capable of protection as a literary work”

· In the recent case of Dr. Harsh Pathak vs Union of India & Ors. , a PIL filed by a lawyer in the supremecourt regarding unsolicited Phone calls, the apex court passed an interim order restricting cellular companies to make promotional calls.

CONCLUSION

The Information Technology Act, 2000 is not data or privacy protection legislation per

se. It does not lay down any specific data protection or privacy principles. The Information Technology Act, 2000 is a generic legislation, which articulates on range of

themes, like digital signatures, public key infrastructure, e-governance, cyber contraventions, cyber offences and confidentiality and privacy. It suffers from a one Act

syndrome. It would be erroneous to compare the Information Technology Act, 2000 provisions with the European Directive on Data Protection (EC/95/46), OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data, 1980, and the Safe Harbor principles of the US.

In fact the Information Technology Act, 2000 deals with the issue of data protection and

privacy in a piecemeal fashion. There is no an actual legal framework in the form of Data

Protection Authority, data quality and proportionality, data transparency etc. which properly addresses and covers data protection issues in accordance with the principles of the EU Directive, OECD Guidelines or Safe Harbor Principles. Accordingly, even if the new proposed amendments to the Information Technology Act, 2000 were adopted, India

would still lack a real legal framework for data protection and privacy.



Source by Anandakrishnan.S

Be the first to comment - What do you think?  Posted by admin - September 20, 2017 at 7:10 pm

Categories: Asian best food   Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Data Protection Laws of India

Data Protection Laws of India

In the recent years India has emerged as one of the preferred destinations for offshore business outsourcing. Financial services, educational services, legal services, banking services, healthcare services, marketing services and telecommunication services . The factors that have turned India into one of the hotspots for offshore outsourcing are the educated and unemployed masses, enterprising nature of Indians who have excellent spoken English skills and relatively cheap labour.

In June 2005, one BPO was in the eye of the storm when one of its employees sold personal data belonging to a large number of British nationals to an undercover reporter from the British tabloid ‘The Sun’. The incident sparked off a debate among the offshore industry circles, media and the legal world as to how safe foreign data is in Indian hands. The discussions were also veered towards the need for some kind of protection for personal data in India which is absent currently.

Data Protection Issues have time and again raised concern in the authorities about the cyber extortion, privacy, confidentiality, data protection and national security. With the increasing penetration in the online usage of more and more people towards internet, e-banking, e-shopping etc. the concerns of data protection and related issues are growing day by day.

Privacy is closely connected to Data Protection. An individual’s data like his name address, telephone numbers, profession, family, choices, etc. are often available at various places like schools, colleges, banks, directories, surveys and on various web sites.

Passing on such information to interested parties can lead to intrusion in privacy like incessant marketing calls.

It would be a misnomer to say that India does not have ‘data protection’ legislation at all.

This is factually wrong. The fact is that there exists data protection legislation in India.

The subject matter of data protection and privacy has been dealt within the Information

Technology Act, 2000 but not in an exclusive manner.

Data protection is not a subject in any of the three lists in Schedule VII of the

Constitution of India. But Entry 97 of List 1 states: “any other matter not enumerated in

List II and List III …….” Thus only the Indian Parliament is competent to legislate on

data protection since it can be interpreted as any other matter not enumerated in List II

and List III.

Data protection is, thus, a Central subject and only the Central Government is competent

to frame legislations on issues dealing with data protection. In fact, the Information

Technology Act, 2000,and the Indian Copyright Act, 1957 , enacted by the Indian Parliament are the main legislations in this field, which contains provisions on data protection. There is also a proposed Personal Data Protection Bill, 2006, which deals with the protection of personal data.

THE INFORMATION TECHNOLOGY ACT, 2000

The Indian Parliament enacted an Act called the Information Technology Act, 2000. It

received the assent of the President on the 9th June, 2000 and is effective from 17th October, 2000. This Act is based on the Resolution A/RES/51/162 adopted by the General Assembly of the United Nations on 30th January, 1997 regarding the Model Law

on Electronic Commerce earlier adopted by the United Nations Commission on International Trade Law (UNCITRAL) in its twenty-ninth session.

It was a foresight on the part of the Government of India to initiate the entire process of

enacting India’s first ever information technology legislation in the year 1997 itself.

It is significant to note that by enactment of the Information Technology Act, 2000, the

Indian Parliament provided a new legal idiom to data protection and privacy. The main

principles on data protection and privacy enumerated under the Information Technology

Act, 2000 are:

(i) defining ‘data’, ‘computer database’, ‘information’, ‘electronic form’, ‘originator’, ‘addressee’ etc.

(ii) creating civil liability if any person accesses or secures access to computer, computer system or computer network

(iii) creating criminal liability if any person accesses or secures access to computer, computer system or computer network

(iv) declaring any computer, computer system or computer network as a protected system

(v) imposing penalty for breach of confidentiality and privacy

(vi) setting up of hierarchy of regulatory authorities, namely adjudicating officers, the Cyber Regulations Appellate Tribunal etc.

Further, the Information Technology Act, 2000 defines certain key terms with respect to data protection, like access [S.2 (1)(a)], Computer [S.2 (1)(i)], Computer network [S.2 (1)(j), Computer resource [S.2 (1)(k)], Computer system [S.2 (1)(l)], Computer database

[S.43, Explanation (ii)],Data [S.2 (1)(o)], Electronic form [S.2 (1)(r)], Electronic record

[S.2 (1)(t], Information [S.2 (1)(v)], Intermediary [S.2 (1)(w)], Secure system [S.2(1)(ze)] and Security procedure [S.2 (1)(zf)].

Civil liability in case of data, computer database theft, privacy violation etc.

The Act provides a complete Chapter (Chapter IX) on cyber contraventions, i.e., section

43 (a) – (h) which cover a wide range of cyber contraventions related to unauthorised

access to computer, computer system, computer network or resources.

Section 43 of the Act covers instances such as: (a) computer trespass, violation of privacy

etc. (b) unauthorised digital copying, downloading and extraction of data, computer

database or information;. theft of data held or stored in any media, (c) unauthorised

transmission of data or programme residing within a computer, computer system or

computer network (cookies, spyware, GUID or digital profiling are not legally

permissible), (d) data loss, data corruption etc., (e) computer data/database disruption,

spamming etc., (f) denial of service attacks, data theft, fraud, forgery etc., (g)

unauthorised access to computer data/computer databases and (h) instances of data theft

(passwords, login IDs) etc.

Criminal liability in case of data, computer database theft, privacy violation etc.

The Act also provides a complete Chapter (Chapter XI) on cyber offences, i.e., sections

65-74 which cover a wide range of cyber offences, including offences related to unauthorised alteration, deletion, addition, modification, alteration, destruction, duplication or transmission of data, and computer database.

For example, section 65 [Tampering with computer source documents] of the Act is not

limited to protecting computer source code only, but it also safeguards data and computer

databases; and similarly section 66 [Hacking with Computer System] covers cyber offences related to (a) Illegal access, (b) Illegal interception, (c) Data interference, (d)

System interference, (e) Misuse of devices, etc.

Interestingly, section 72 [Penalty for breach of confidentiality and privacy] is aimed at

public (and private) authorities10, which have been granted power under the Act to secure

access to any electronic record, book, register, correspondence, information, document or

other material information. The idea behind the aforesaid section is that the person who has secured access to any such information shall not take unfair advantage of it by disclosing it to the third party without obtaining the consent of the disclosing party.

INDIAN COPYRIGHT ACT, 1957 protects “Databases” as ‘literary works’ under Section 13 (1) (a) of the Act which says that Copyright shall subsists throughout India in original literary, dramatic, musical and artistic works

Copyright Act 1957 – Section 2(6)–Literary work–Compilation of list of clients /customers developed by a person by devoting time, money, labour and skill amounts to a literary work wherein the author has a copyright.

Section 2(o) defines `literary work’ to include (among others) computer programmes, tables and compilations including computer databases.. Under section 14, literary work is one of the items wherein exclusive rights can be claimed so as to amount to copyright. Under Section 17(c) if a work is made in the course of other’s employment under a contract of service or apprenticeship it is the employer who is the first owner of the copyright therein in the absence of any agreement to the contrary.

THE PERSONAL DATA PROTECTION BILL, 2006 : The purpose of this bill is to provide protection of personal data and information of an individual collected for a particular purpose by one organization, and to prevent its usage by other organization for commercial or other purposes and entitle the individual to claim compensation or damages due to disclosure of personal data or information of any individual without his consent and for matters connected with the Act or incidental to the Act.

Section 2 (c) defines “personal data” as information or data which relate to a living individual who can be identified from that information or data whether collected by any Government or any private organization or agency.

The personal data of any person collected for a particular purpose or obtained in connection with any transaction, whether by appropriate Government or by any private organization, shall not be put to processing without the consent of the person concerned. Provided that personal data of any person may be processed for any of the following

purposes:—

(a) the prevention or detection of crime;

(b) the prosecution of offenders; and

(c) the assessment or collection of any tax or duty.

Provided further that no consent of the individual shall be required if the personal data details of the individual are obtained through sources which have been made public.

Provisions contained in this Act are relates to data to be obtained of any person collected by an organization whether government or private, shall not be disclosed to any other organization for the purposes of direct marketing or for any commercial gain and if there is a contravention to this the person shall be entitled to compensation in addition to imprisonment for a term, which may extend to three years or with fine, which may extend upto ten lakh rupees or with both if contravenes or attempts contravene or abets the contravention of any provisions.

If the person committing the contravention is a company, then , every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of the company as well as the company, shall be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:

Data controllers have been proposed to be appointed to look upon the matters relating to violation of the proposed Act

JUDICIAL APPRAISAL

· In the matter of Himalaya Drug Company V/s. Sumit 2006(32) PTC 112 (DEL), the Delhi High Court proceeded ex-parte against the defendant who admitted to pass a Herbal Data Base as that of plaintiff’s and violated the trade dress.
The Delhi High Court not only restrained the defendant by an order of permanent injunction from reproducing, communicating to the public, adopting, using or infringing in any other manner the plaintiff’s Copyright in the Herbal Data Base as well as each Herbal Write-up /Description that comprises the Herbal Data Base, but also awarded punitive damages to the extent of Rs. 8 lacs.

· In the recent case of, Daljit Titus, Advocate & Ors. V/s. Alfred A. Adevare & Ors. 2006(32) PTC 609 (DEL), the Delhi High Court protected the works done by the defendant in the plaintiff’s law firm as an employee of the firm for the benefit of clients of the plaintiff under their contract of service.

It observed that the defendants were free to carry on their profession, utilize the skills and information they had mentally retained, but restrained them from using the copied material of the plaintiff in which the plaintiff alone has a right. The defendants were also restrained to utilize the agreements, due diligence reports, list of clients and all such materials which came to their knowledge or have been developed during their relationship with the plaintiff.
The above case raise the issue of well drafted contracts before entering into any kind of relationship with the parties. It envisaged the need of the proper clauses to be drafted as to the dealing of Data, Computer Data Base while in relationship or at the termination of such agreements. Para 6.28 of P.Narayanan on Copyright and Industrial Design – (Third Edition) says that “Whenever an employee of a Solicitor firm drafts a document, the employer is the first owner of the Copyright document”, which means that to protect the Data, computer Data Bases of an organization, one needs to have good drafted contracts with an employee so that no dispute arises after the termination of service of an employee.

· In Burlington Home Shopping Pvt. Ltd. Vs. Rajnish Chibber, 1995 IVAD (Delhi) the highcourt of delhi observed that”Trade catalogues are generally compilations, and as such are capable of protection as literary works. On similar principles, a computer database, stored on tape, disk or by other electronic means, would also generally be a compilation and capable of protection as a literary work”

· In the recent case of Dr. Harsh Pathak vs Union of India & Ors. , a PIL filed by a lawyer in the supremecourt regarding unsolicited Phone calls, the apex court passed an interim order restricting cellular companies to make promotional calls.

CONCLUSION

The Information Technology Act, 2000 is not data or privacy protection legislation per

se. It does not lay down any specific data protection or privacy principles. The Information Technology Act, 2000 is a generic legislation, which articulates on range of

themes, like digital signatures, public key infrastructure, e-governance, cyber contraventions, cyber offences and confidentiality and privacy. It suffers from a one Act

syndrome. It would be erroneous to compare the Information Technology Act, 2000 provisions with the European Directive on Data Protection (EC/95/46), OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data, 1980, and the Safe Harbor principles of the US.

In fact the Information Technology Act, 2000 deals with the issue of data protection and

privacy in a piecemeal fashion. There is no an actual legal framework in the form of Data

Protection Authority, data quality and proportionality, data transparency etc. which properly addresses and covers data protection issues in accordance with the principles of the EU Directive, OECD Guidelines or Safe Harbor Principles. Accordingly, even if the new proposed amendments to the Information Technology Act, 2000 were adopted, India

would still lack a real legal framework for data protection and privacy.



Source by Anandakrishnan.S

Be the first to comment - What do you think?  Posted by admin - September 18, 2017 at 9:37 pm

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Kid Labour in India

Kid Labour in India

India has the best number of labourers in the world beneath the age of 14 several years. The constitution guarantees no cost and compulsory schooling to young children in between the ages of 6 and 14. Whilst the Structure of India prohibits work of young children young than 14 in any harmful atmosphere, youngster labour is existing in nearly all sectors of the Indian economic system. Some of the sectors included in youngster labour are beedi manufacture, fireworks manufacture, diamond field, domestic labour, design, and many others.

Kid labour is most predominant in the beedi manufacture sector. A lot more than 30% of the total hired staff are young children. The United States Customs Assistance had banned the import of Beedis created in Ganesh Beedi Will work of Mangalore. In Surat, which is the hub of the diamond field in India, 25% of the workforce contains young children. Even so, in the past few several years there has been a major decrease in the number of youngster staff especially in Gujarat. This has been achievable because of to the constant endeavours of quite a few teams and an maximize in the consciousness among individuals related to the diamond field. The fireworks manufacture sector in some sites like Sivakasi, employs young children at wages as reduced as Rs. 20 per day. It is estimated that much more than 3,000 young children function in this field. Unfortunately, quite a few of them die in mishaps. All throughout India, we get to see young children working as domestic labour and as staff at dhabas, lodges, offices, and many others. Children can also be located in the design of both of those home and office environment structures. In 1982, for the design of the Asian Game titles Village, the contractors had used youngster labour, for they had to be compensated fewer, creating it a huge issue. An additional field where by youngster labour is hugely energetic is silk manufacture. Human Rights Check out estimates that at minimum 3,50,000 bonded young children are used by the silk field in India.

There have been quite a few initiatives in opposition to youngster labour by the authorities and non governmental companies. In 1979, the authorities fashioned the Gurupadswamy Committee to deal with youngster labour. The Kid Labour Prohibition and Regulation act was enacted centered on the recommendations of the committee in 1986. The act bans work of young children in occupations related to

§ Transportation of passengers
§ Manufacture and selling of crackers and fireworks
§ Carpet Weaving
§ Manufacture of Beedi, cement, matches, explosives, cleaning soap, agate items, agarbatti, and many others
§ Making and design field
§ Hazardous procedures beneath the manufacturing facility act

The violation of the act can end result in punishment ranging from imprisonment from one month to two several years. A lot of NGOs such as Conserve the Children have been working to eradicate youngster labour in India . Conserve the Children is driven to encourage breakthroughs in the way the world treats young children, and to accomplish fast and long lasting adjust in their life. For this, we have produced many techniques and policies for youngster defense. It is our mission to eliminate youngster labour totally from the modern society and facilitate the improvement of young children enabling them to reach their whole potential.



Supply by Arun Arukandathil

Be the first to comment - What do you think?  Posted by admin - August 24, 2017 at 4:24 pm

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Assignments to China & India

Assignments to China & India

As enterprises proceed to spend in the fast producing markets of China and India, they are becoming additional aware of the issues concerned in discovering the correct talent to take care of their investments. Their financial investment requirements to be managed by a large-caliber group with know-how far outside of traditional organization techniques. As Human Source specialists have to have to recruit community supervisors to fill these positions, they have to have to know how to technique their recruitment search and wherever to uncover suited candidates.

China

The demand for skilled supervisors in China is staggering. According to the McKensey
International Institute, it is believed that China will have to have 75,000 globally powerful leaders about the subsequent 10-15 a long time, and that there are only 3,000-5,000 individuals in China who meet up with the standards.

Area hires fully grasp the China organization environment, the language and the tradition, but many absence intercontinental organization encounter, regional management know-how and in many circumstances, fluent English techniques. Nurturing a community employee and producing these techniques is a sluggish approach. It is also risky. The investments in China are creating so many alternatives, that there is large demand for community staff and hence, large staff turnover.

As the political and economic environment evolves in China, additional Chinese college students will be educated in Western markets and will begin to get the substantially-necessary world-wide encounter necessary to take care of a multinational organization in China. About time, the range of returning Chinese nationals will maximize and the labor pool of skilled supervisors will broaden. In the meantime, many organizations are choosing to hire Western staff members to fill the gap. The most desirable candidates will be perfectly versed in intercontinental organization and be culturally savvy. The the greater part of them nonetheless, will have to have intercultural training.

India

An gain of choosing community supervisors in India, as opposed to China, is that the the greater part of them will talk English. Furthermore, Indian college students have been attending university and doing work in Western markets for many years. Getting lived and labored around the planet, not only have they acquired a worldly viewpoint, but these specialists have also grow to be acquainted with other essential parts of organization, like world-wide organization operations and cultural diversity–which can make them very desirable candidates.

As in China, Human Source specialists are acknowledging that they have to have staff members who not only fully grasp the Indian tradition and community organization procedures, but who also
have world-wide encounter and have labored in a assortment of intercontinental cultures.
Subsequently, these organizations are concentrating on choosing “returning” Indians who have acquired the necessary techniques. This results in a one of a kind talent pool of accessible candidates for organizations investing in India. These specialists are typically recruited by multinational organizations and return to India to begin new professions in their homeland. Or, they are returning dwelling on their possess and discovering new work opportunities locally. The two of these components are creating alternatives for organizations to uncover suited talent to take care of their enterprises in India.

Discovering the correct talent is just the beginning

Regardless of the present talent pool of Indian nationals, many Human Source specialists are nonetheless discovering it necessary to hire Western staff members to take care of their abroad investments. If they do in simple fact recruit a Westerner, the employee will have to have to be relocated and presented with ongoing assistance throughout their assignment. Providing them with intercultural training, discovering them a put to stay and navigating tax and immigration regulations are just a handful of of the issues.

For staff members with households, aiding them with discovering the finest school for their little ones and providing spousal assistance products and services are also utilized to enable maximize the likelihood of a prosperous assignment. If the employee is a returning Indian Countrywide, there are other problems to take into consideration. Some Indians have been living abroad for 10 or 15 a long time given that leaving College. The India they return to will be very unique to the just one they still left. They have been utilized to living existence in the West and will very likely experience the similar adaptability problems as a Western employee will when they get there in India. In simple fact, occasionally returning Indians have even additional problem altering as they have greater expectations of a smoother settling in approach than expats do, and may perhaps grow to be annoyed when they experience issues.

Sharing Expertise

Quite a few relocation organizations enable Human Source specialists assistance these intercontinental assignees. Companies like Crown Relocations have been providing these assistance products and services for many years. Crown was at first established in Japan in 1965, expanded to China in 1985 and to India in 1998. With staff members doing work with expats every single day, Crown’s staff members have empathy for relocating staff members and to start with hand expertise of existence in China and India. They fully grasp the sort of assistance Human Source specialists have to have to enable their staff members relocate and settle in speedily.

In 2006, Crown designed a official program to educate Crown’s corporate staff on expat problems in China and India and to share Crown’s expertise with Human Source specialists around the planet. The multifaceted program consists of in-industry visits to China and India, multi-state seminars for market specialists and the advancement of expertise “resources” ranging from housing and school comparison experiences to state-particular internet websites and location guides.

If you would like additional info, check out just one of Crown’s internet websites: http://www.crownrelo.com, http://wellconnectedinchina.com or http://www.relocatingtoindia.com



Supply by Christine Draeger

Be the first to comment - What do you think?  Posted by admin - August 5, 2017 at 10:17 pm

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