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Anonymous   11 June 2011 at 16:05

Power of Attorney

Whether a power of attorney can execute a sale deed despite power of attorney being not authenticated under the registration act?

Rizwan Pathan   11 June 2011 at 11:20

Difference betwwen ESIC and Workmen compendation

Dear Experts,

What is the basic difference between applicaibility of ESIC & WC.

An Empoyer is has any right of choice to take any of one.

What is the procees if an empoyer do not like to take esic and willing to take WC

What is the procees if an empoyer do not like to take WC and willing to take ESIC

Is this both are beficial schems or legal obligations.

Appriciate your view.

Thanks & regards,

Rizwan Pathan

Lt COL R S shekhawat   11 June 2011 at 10:30

Counting of Service rendered in Central Government Civil Department during Disembodied pd while in

are --nationalized & scheduled BANK are covered under the CIVIL GOVT dept\organization
or PSU treated as CIVIL GOVT dept abide the rule prevailing

what are CIVIl govt dept ?




1.pl ref. Para 2 C of CDA(O) letter CTC as reproduced.





.In pretext of above it is humbly requested for clarification
“whether Service rendered in
GOI Nationalized & Scheduled Bank during Disembodied pd while in Territorial Army Service” are accounted towards captioned subject or NOT.


LW19/Pension cases
CDA(O)
Golibar Maidan,
Pune – 411001
To

Addl. Dte Gen TA
GS Branch
IHQ of MOD(Army)
“L” Block, New Delhi-110001

Sub: Counting of Pre-Commissioned Qualifying Service For Grant of Pension to
TA Officers.

Ref; Your Lr No. 46347/Pens/TA-4 DT 16/01/2009
-*-

With reference to the above letter, you are requested to forward the full detils of the officers along with CDA A/C No. Personnel No and Name of the officers. It is further intimated that the cases regarding counting of Pre-Commissioned Service for Qualifying Service for Pension to TA Officers may be dealt with as per AO 56/2001.

2. As the AO 56/2001, PCDA (Pension), Allhabad is the authority responsible for counting of Pre-Commissioned Service in r/o TA Officers. Hence, you are requested to appraise all the Units / Formations of TA to adopt the procedure stipulated in ibid AO.

a) Former Service in Army, Navy or Air Force irrespective of regular, SSC or emergency commission:

Claims for counting of former service for pension will be submitted to the office of PCDA (Pension), Allhabad through staff channels concerned on the form prescribed in AO 56/2001 and will be accompanied by following documents

a) Record copies of Sheet Roll or Service Book, which ever was being maintained, along with Enrollment Forms completed in all respect including no and date of “Gazette Notification for grant of commission respect of pre-commissioned service.

b) Authenticated documentary evidence, if any, pertaining to previous pre-commissioned service.
c) Certificate from the officer regarding non-forfeiture of any portion of pre-commissioned service duly countersigned by the Record Officer / Head of the Office.
d) Certificate regarding non-payment of any terminal benefits for the pre-commissioned service.
e) Details of refund of any amount gratuity in r/o his former service with interest at the rate of DSOP Fund rates applicable from time to time








b) Former service in Civil Department of Central Government and
c) Service in Central Government Civil Department during disembodied period while in TA’ Service :

Claims for counting of former Civil Service, for pension will be submitted to the PCDA (Pension), Allhabad through Head of the Office concerned on form prescribed in AO 56/2001 along with following documents

a) Service Book and certificate regarding non-payment of any terminal benefits for the Pre-Commissioned service.
b) Certificate from the Officer regarding non-forfeiture on any portion of pre-commissioned service duly counter signed by the Head of the Office is also to be enclosed.
c) It should also be verified that individual has refunded any amount of gratuity in respect of his former service with interest at the rate of GPF rates from time to time.
3. After approval, PCDA (Pension), Allhabad will dispatch the authority for assessment of Pre-Commissioned service along with Sheet Roll / Service Book to the Record Office / Head of the Office concerned and the Min of Def for published in the Army List. The copies will also be dispatched to CDA (O), Pune and Army Headquarters, New Delhi respectively.
4. Copy of AO 56/2001 is enclosed for reference.

Sd/-
(S.Y. RANADE)
ACCOUNTS OFFICER

Copy to :

1) PCDA (Pension), --For information and necessary action
Draupadi Ghat
Allhabad

Anonymous   09 June 2011 at 21:37

Urban Land (Ceiling & Regulation) Act 1976

Please let me know the maximum area (sft)of vacant land a HUD family of 4 major children can have in Bangalore City limits.

prsmitra   09 June 2011 at 20:52

325 CRPC in excise cases

the learned magistrate refer the case Chief judicial magistrate court ton confirm the sentence imposed by him for payment of fine of Rs.20,000/- and 2 year imprisonment that the acused found more than quantity of the ID arrack.
plz give support judgement or decision for aruge the case before Chief Judical Magistrate Sec,75 of IPC shall be useful to me.

Anonymous   09 June 2011 at 20:33

pagari property

my grandfather has a pagari room in mumbai.he died 20 years ago without writing a will.now the room is in my uncle name. my father is not willing to take his share from uncle in the room.as a grandson do i have legal right over the property and can i fight my case in court. i have one elder sister and my uncle has 2 daughter.

saurabh   09 June 2011 at 15:07

documents to check before purchasing a plot

Hi,
I am planning to purchase a plot in Dhoom Manikpur,Greater Noida.
This is agricultural land.
There is code 143 applied on the land for conversion to resedential purpose.

Please guide me for the process so that I can determine if the land is fit for me for resedential purpose.
If possible also provide me the contact details of some lawyer who can help me out.
Saurabh : 9999590077

KIRTI SANGHVI   09 June 2011 at 14:06

Exempted PF Trust - non-payment of interest on PF

My querry is as under :

i) Oriental bank of Commerce Emp. PF Trust is an exempted PF Trust.

ii) I resigned from the services of the OBC (Oriental Bank of Commerce)on 09/04/2005 and after completing 90 days notice period,stopped going to the Bank from 10/07/2005.

iii) The bank relieved me from the Bank's service, sending me letter dated 10/07/2007(after two years)stating that I am relieved from Bank's service with effect from 09/07/2005(with retrospective effect!!!)

iv) Bank sent me the PF cheque, which was actually the balance as of 31/03/2006.

v) They did not pay me the INTEREST (which amounts to Rs.1.10 lacs today) for the 17 months period from 01/04/2006 to 03/09/2007

vi) All my efforts to writing to the Bank even under RTI Act is not yielding positive result - they say that maximum they can pay is 3 months interest after my relieving date.

vii) When Bank took about two years to complete the formlities, how come just sending me letter dt. 10/07/2007 giving the date of relieving as 09/07/2005, can be considered as they are in order.

viii)officially, my date of relieving should be considred as the date of relieving letter(10/07/2007) and accordingly, interest should be paid till 10/07/2007 at least.
ix) I want to have the registration no. of OBC Employees PF Trust without which the EPF India is not accepting mt grievance.

kindly advise / help in following :

i) getting me the registration no. OBC Emp. PF Trust which is an exempted PF Trust.

ii) advise whom to approach for taking up my case for PF interest payment.

regards,

kirti sanghvi
Ahmedabad
09377191902

Anonymous   09 June 2011 at 12:52

Need advice for LLb 3 yr program

Hello Sir,
I am a student of CA, presently pursuing at final level inclined towards going for practice in future n was considering the opportunity for going for LLB as well .

I m frm Indore n need ur advice as to what r the benefits for going for LLB and what is better to go for a correspondance course of LLb or to join the local university( DAVV) affiliated to Bar council of India N will it make a big difference if I am doin it from any recognised law college of india as I am doin my CA also.

Ur reply n help in this regard is really appreciated..
Thanking in Advance
Regards,
Nikita

Anonymous   09 June 2011 at 12:38

Municipal Gharpatti (Property tax) Transfer

We recently purchased property from say one Mr. X through duly registered transfer deed.
This property was built on behalf of society members and allotted to Mr. X on completion.
Mr. X had mortgaged the property with a bank on the basis of the allotment letter, share
certificates in his name and letter from sub-registrar of societies recognising his membership.

We paid up and cleared the mortgage on behalf of Mr. X and executed a transfer deed for
transfer of ownership to us. This deed has been registered with the sub-registrar's office.

Now Mr. X was rather lax or ignorant about getting the Gharpatti (Property Tax) transferred
to his name when he took possession of the premises he was allotted.

Recently when we approached the municipality we were informed the property tax (gharpatti)
stood in the name of "Chairman" of the society and there is a sum of Rs. 5469/- in arrears
towards property tax payment.

We got Mr. X to pay up and clear the arrears and also asked him to apply for transfer of
Gharpatti (property tax) to his name, so that then we can apply for transfer of
Gharpatti(property tax) to our name.

Mr. X applied for transfer of the Gharpatti and attached true-copies of Allottment letter,
Share Certificate in his name, Letter of recognition of membership provided by Sub-registrar
of Societies. However, municipal officers, for reasons best known to them, are refusing to
accept or entertain his application and are demanding that he also attach a deed of
sale/purchase/transfer similar to ours.

Since Mr. X has never purchased the said premises but instead was allotted the same by the society
which built the premises, he has not got any sale/purchase/transfer deed but only has allotment letter,
membership recognition letter and share certificate in his name.

Society is registered CHS, however dysfunctional since many of its members aren't educated
and the chairman left without constituting a new managing committee. We plan to request sub-registrar
of societies to appoint administrator since there is no one to administer the society, but that is not
what this query is about.

Primary query is to know if Municipality is right in demanding Sale/Purchase/Transfer deed when there
is none and not entertaining the application for Gharpatti (Property Tax) transfer to Mr. X even when
he is providing documents like Share certificates, Allotment Letter,
Sub-registrar of Societies letter recognising his membership and ownership and what can be done
in this case?

We have written to the Ward Officer and are awaiting his reply on the matter, but would greatly
appreciate expert views/suggestion on how we should deal with what to us seems deliberate
obstruction and harassment by municipal authorities.

Please also note that this property was mortgaged with a bank, so the question of Mr. X not
having proper and clear right and title to it is perhaps resolved, since its highly unlikely
that any bank would forward a loan against a property with ownership in doubt.

Awaiting your advise.

Thanks in advance.