Notification issued for rigid vehicles and trailers for having maximum of three decks to transport two wheelers

Feb 28, 2022 | Business


The Ministry of Road Transport and Highways has issued a notification on  25th February 2022 to amend Rule 93 of the Central Motor Vehicles Rules 1989, whereby rigid vehicles and trailers can have a maximum of three decks to transport two wheelers, with the load body not projecting over the driver’s cabin.


This will enhance the carriage capacity of two wheelers by 40-50%.


click here to see the details


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Ruling Issued by the L.A. Superior Court in Gerard Soussan vs. Wells Fargo Bank

Feb 5, 2022 | Business

 In November 2021, in the case, Gerard Soussan vs. Wells Fargo Bank (case # 21SMCV00803), the Los Angeles Superior Court ruled in favor of the plaintiff, Attorney Gerard Soussan, thereby allowing the plaintiff to move forward in his litigation and claims against Wells Fargo for the bank’s alleged negligence. According to the plaintiff’s complaint, the bank allegedly accepted a forged cashier’s check and then wired the money, without exercising ordinary care.

The plaintiff, Gerard Soussan, Esq., affirms: “Obviously, we are very pleased with the ruling of the Court confirming our right to pursue these claims. We look forward to our day in court. And, of course, a ruling in our favor would encourage other alleged victims of fraud to seek recovery of their funds from their bank, if found negligent.”

Attorney Gerard Soussan is represented by the prestigious law firm of Ross LLP with Mr. Peter Ross Esq., a seasoned business litigator, at the helm of this suit.

Law Offices of Gerard Soussan

Gerard Soussan

310-859-2499

www.soussanlaw.com

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15 notices issued against e-commerce entities and sellers found selling pressure cookers online in violation to compulsory standards

Dec 30, 2021 | Business


In exercise of powers under Section 18(2)(j) of the Consumer Protection Act, 2019, the Central Consumer Protection Authority has issued a Safety Notice to alert consumers against buying household goods which do not hold without valid ISI Mark and violate the standards directed for compulsory use by the Central Government.


To protect consumers from risk of suffering injury and harm and ensure required safety & technical standards are followed, Central Government is empowered to direct conformity to standard and compulsory use of standard mark under Section 16 of BIS Act. These directions are generally published in form of Quality Control Orders (QCO).


Section 17 of the BIS Act prohibits any person to manufacture, import, distribute, sell, hire, lease, store or exhibit for sale any such goods or article for which direction of compulsory use of Standard Mark has been published by the Central Government under Section 16. Further, as per Section 29(3), any person who contravenes the provisions of section 17 shall be punishable with imprisonment for a term which may extend up to two years or with fine which shall not be less than two lakh rupees for the first contravention and not be less than five lakh rupees for the second and subsequent contraventions, but may extend up to ten times the value of goods or articles produced or sold or offered to be sold or affixed or applied with a Standard Mark, including Hallmark, or with both. Section 29(4) designates contravention of sub-section (3) as a cognizable offence.


Violation of standards mandated by the QCOs can not only endanger public safety, it can make consumers vulnerable to severe injuries. This is a critical cause for concern especially in case of household goods, since such goods are present in most homes and are in the immediate vicinity of family members.


The household goods in reference to which CCPA has issued Safety Notice are as under –
















S.No.

Name

Line Ministry

Standard

Date of coming into force

1

Electrical Immersion Water Heaters

DPIIT

IS 302-2-201 (1992)

17.02.2003

2

Electric Iron

DPIIT

IS 302-2-3 (1992)

17.02.2003

3

Switches for domestic and similar purposes

DPIIT

IS 3854: 1988

17.02.2003

4

Domestic Gas Stoves for use with Liquefied Petroleum Gases

DPIIT

IS 4246:20020

01.06.2020

5

Microwave Oven

MEITY

IS 302 : Part 2 : Sec 25 : 2014

18.09.2021

6

Aluminium Foil for Food Packaging

DPIIT

IS: 15392

17.08.2020

7

Hand-held Blender

DPIIT

IS 302 : Part 2 :Sec 14

01.05.2019

8

Domestic Electric Food


Mixer (Liquidizers and


Grinders) and Centrifugal Juicer.

DPIIT

IS 4250

01.05.2019

9

Helmet for riders of Two


Wheeler Motor Vehicles

MoRTH

IS 4151: 2015

01.06.2021

10

Sewing Machines

DPIIT

IS 15449 : Part 1 : 2004

01.09.2021

11

Cooking Gas Cylinder

DPIIT

As specified in Gas Cylinder Rules, 2016

22.11.2016




Previously, CCPA had also issued Safety Notice dated 06.12.2021 to alert consumers against buying helmets, pressure cookers and cooking gas cylinders which violate compulsory standards. Goods which violate compulsory standards are liable to be held ‘defective’ under the Consumer Protection Act, 2019.


CCPA has decided to take up cases involving sale or offering for sale goods which violate compulsory standards as matter of preventing unfair trade practice and to protect, promote and enforce the rights of consumers as a class. Therefore, any person found selling the household items as mentioned in the table above without conforming to compulsory standards and holding valid license as prescribed by BIS shall be liable for violation of consumer rights and unfair trade practices and face action under the Consumer Protection Act, 2019.


As part of celebrations of 75 years of independence – Azadi ka Amrit Mahotsav, CCPA has already initiated a country-wide campaign to prevent sale of spurious and counterfeit goods that violate QCOs and raise awareness and consciousness among consumers to purchase goods that conform to BIS Standards. In this regard, CCPA has written to District Collectors across the country to investigate unfair trade practice and violation of consumer rights concerning manufacture or sale of helmets, domestic pressure cooker and cooking gas cylinders.


CCPA has also taken suo-moto action against e-commerce entities and sellers who were found to be selling pressure cookers in violation to compulsory standards online. 15 Notices have already been issued with respect to such violations. The cases have also been forwarded to BIS for taking necessary action under the BIS Act, 2016. BIS has also issued 3 notices for violation of QCO of domestic pressure cookers and 2 notices for violation of QCO for helmets.


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Notification issued for setting up of 7 Mega Integrated Textile Region and Apparel (PM MITRA) Parks with a total outlay of Rs. 4,445 crore.

Oct 23, 2021 | Business

The Ministry of Textiles has issued the Notification on 21 October 2021 for setting up of 7 PM MITRA  Parks as announced in Union Budget for 2021-22 and approved by the Central Government.  The Notification is available on the Ministry’s web-site: http://texmin.nic.in

The scheme aims to realise the vision of Hon’ble Prime Minister Shri Narendra Modi of building an Aatmanirbhar Bharat and to position India strongly on the Global textiles map.

PM MITRA Parks is envisaged to help India in achieving the United Nations Sustainable Development Goal 9 (“Build resilient infrastructure, promote sustainable industrialization and foster innovation”).

PM MITRA is inspired by the 5F vision of Hon’ble Prime Minister. The ‘5F’ Formula encompasses – Farm to fibre; fibre to factory; factory to fashion; fashion to foreign. This integrated vision will help furthering the growth of textile sector in the economy. No other competing nation has a complete textile ecosystem like us. India is strong in all five Fs.

The scheme is to develop integrated large scale and modern industrial infrastructure facility for entire value-chain of the textile industry. It will reduce logistics costs and improve competitiveness of Indian Textiles. The scheme will help India in attracting investments, boosting employment generation and position itself strongly in the global textile market. These parks are envisaged to be located at sites which have inherent strength for Textile Industry to flourish and have necessary linkages to succeed.

The 7 PM Mega Integrated Textile Region and Apparel (PM MITRA) Parks will be setup at Greenfield / Brownfield sites located in different willing States. Proposals of State Governments having ready availability of contiguous and encumbrance-free land parcel of 1,000+ acres along with other textiles related facilities & ecosystem are welcome. 

For a Greenfield PM MITRA park, the GOI Development Capital Support will be 30% of the Project Cost, with a cap of ₹500 Cr. For Brownfield sites, after assessment, Development Capital Support @30% of project cost of balance infrastructure and other support facilities to be developed and restricted to a limit of Rs. 200 Crore. State Government supports will include provision of 1,000 Acre land for development of a world class industrial estate.

Competitiveness Incentive Support (CIS) of ₹300 Crore will also be provided to each PM MITRA park for early establishment of textiles manufacturing units in PM MITRA Park. Such support is crucial for a new project under establishment which has not been able to break even and needs support till it is able to scale up production and be able to establish its viability.

PM MITRA park will be developed by a Special Purpose Vehicle which will be owned by State Government and Government of India in a Public Private Partnership (PPP) Mode. The Master Developer will not only develop the Industrial Park but also maintain it during the concession period. Selection of this Master Developer will happen based on objective criteria developed jointly by State and Central Governments.

SPV in which State Government has majority ownership will be entitled to receive part of the lease rental from developed industrial sites and will be able to use that for further expansion of textiles industry in the area by expanding the PM MITRA Park, providing Skill Development initiatives and other Welfare measures for workers.

Convergence with other Central Government and State Government Schemes is available as per their eligibility under the guidelines of those schemes. This will enhance the competitiveness of the textiles industry, by helping it in achieving economies of scale and will create huge job opportunities for millions of people. Leveraging Economies of Scale, the scheme will help Indian companies to emerge as Global Champions.

The detailed Guidelines for the scheme is under preparation, after which the proposalswill be invited from the willing state governments.

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Guidelines issued for fast and efficient vaccination of Civil Aviation Community

May 7, 2021 | Business

Ministry of Civil Aviation (MoCA) has issued enabling guidelines to facilitate the vaccination program in a fast and efficient manner to ensure timely vaccination of the aviation community. During the COVID-19 surge, the aviation community has worked tirelessly to ensure unhindered services for the movement of people in need and essential cargo including critical medical cargo like vaccines, medicines, Oxygen Concentrators, etc. Secretary, Civil Aviation sent a letter earlier to all the State Governments with a request to consider the personnel involved in aviation and related services as a priority group under the vaccination program.

As per the guidelines, all players in Civil Aviation Sector would be advised to cover their personnel under the ongoing vaccination program. Guidelines further state that the organizations which have already made arrangements with Government/Private service providers for the vaccination to their employees may continue to do so.

Further, a dedicated vaccination facility is advised to be established by the Airport Operators in their respective airports to facilitate expeditious vaccination for the personnel involved in aviation or related services (including the contractual, casual, etc.). It is stated that the Airport Operator should immediately contact State Governments/Private Service Providers (Hospitals), who are willing to set up Covid Vaccination Centres at Airports.

The guidelines state that required facilities like setting up of vaccination counters, segregated waiting area (pre as well as post-vaccination) are to be established by the Airport Operators. Basic facilities for the personnel visiting (help desk, drinking water, ventilation fans, washrooms, etc.) to be arranged following COVID safety protocols.The cost per vaccination dose can be decided by the Airport Operator with the service provider. These facilities would be available for all aviation sector stakeholders at the same cost.It further states that all agencies working in the airports eco-system need to sponsor their personnel to avail the facilities as operators/service providers would not be dealing with individual cases.Further, online Payment mechanism to the service provider for vaccine doses administered for their respective personnel has been advised to be devised.

It is stated that for the smaller airports (where the numbers to get vaccinated are less and private players do not find it viable), the Airport Operators can approach the District/local Administration for extending the vaccination program. The facilities created by Airport Operator would be available for all the Civil Aviation Personnel in first phase and can be extended to the family members subsequently.

The guidelines suggest that priority should be made to cover the ATC, crew of airlines (both cockpit and cabin), mission critical and passenger facing staff on priority. All Airport Operators have been advised to designate a nodal officer (an alternative nodal officer may also be kept in readiness) for coordinating the efforts.

The guidelines said that Chairman, AAI will hold regular meetings to review the progress and coordinate with the Ministry and DGCA to address issues and challenges.If there is an issue of vaccine availability Ministry would take up at appropriate level for smooth supply.

The order further mentions that considering any impending local situation, suggested guidelines may be contextualized and improved but all safety protocols and instructions issued by MoHFW, State Government Concerned or MoCA, related to COVID 19 must be followed.

Link to the Guidelines

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