[IAC#RG] COMPLAINT OVER COPS BEING MADE TO WORK LONG HOURS AND UNDER INHUMAN CONDITIONS: CS AND DGP SEEK FURTHER TIME TO FILE REPLY

The Goa Human Rights Commission (GHRC) comprising of Retired District Judge A.D.Salkar and Mr.J.A Keny today directed the Chief Secretary and Director General of Police to file their reply to the complaint that  policemen in the State were being made to work very long hours amidst pathetic and very appalling working conditions.

As the CS and DGP today once again sought further time to file their replies,  the GHRC while adjourning the matter to December 8^th censured the government for not filing their reply though having been served notices way back on 27^th of September.

Most policemen get a break only after many days of work and this has been taking a toll on their personal lives with a spate of incidents that has exposed the stress related fragility affecting the police force.

Alike all other government employees the police should also get an eight hour shift which will infact increase their efficiency.

On account of the long hours of work related stress, a lot of the policemen are grappling with serious health problems like hypertension, diabetes and depression. The working and living conditions of the police at some of the police stations and barracks is also very inhuman.

The Government cannot be allowed to be a cause for ruining the health and lives of the policemen by making them work long hours. The authorities seem to have lost sight that a policeman too has a personal life.

The policemen are also not being paid uniform, washing, rifle and ration allowance in time. This uncaring treatment meted out to the police force is a clear and blatant Human Rights violation.

The genuine grievances and pathetic working conditions confronting the police force must be looked into by the Government in right earnest. The Chief Secretary and Director General of Police need to explain as to how they have been mere spectators to this grave and gross Human Rights violations of the Police personnel in the State.

 

Aires Rodrigues

Advocate High Court

C/G-2, Shopping Complex

Ribandar Retreat,

Ribandar – Goa – 403006

Mobile No: 9822684372

Office Tel  No: (0832) 2444012

Email: airesrodrigues1@gmail.com

                         Or

           airesrodrigues@yahoo.com

You can also reach me on

Facebook.com/ AiresRodrigues

Twitter@rodrigues_aires

www.airesrodrigues.com

Re: [IAC#RG] 're Shri Narasimhan's suggestion

Dear Apte ji

Many thanks for your kind email.

This is the "India" Against Corruption group (not Bharatiya Janata Party), and so we are constantly divining that perfect blend of elements to be forged into an alloy of the highest temper.

Seeking purity is all very well, but purity is weak and enervating, whereas the best alloys combine sharpness, flexiblity and strength.

So we of India must properly incorporate all that enables other communities to be vigorous and healthy even if these are from Western or Islamic sources. This ability to absorb is an essential feature of Hinduism which has enabled the Hindu people to survive and flourish for millenia.

Sarbajit

On Tue, Nov 29, 2016 at 9:54 AM, Mukund Apte <mdapte@gmail.com> wrote:

          Dear Sir,

          I do not feel a new culture us required to be developed for Bhaarat. Our ancient Bhaarateey culture (devoid of any mixture with Western decadent structure) will do the trick. We must however clean it of any Western aspect sticking to it. Our own culture with spirituality of base has currently become little base with the 'Materialism dirt' from Western culture sticking to it.

          With regards,

          ------Mukund Apte

On Tue, Nov 29, 2016 at 9:36 AM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

From: "Jaivic Bharat" <rkatri1@gmail.com>
Date: Nov 29, 2016 12:38 AMOn Nov 27, 2016 5:48 AM, rkatri1@gmail.com wrote:

Thanks Joya;

Very well said now we have become a country of liers; cheats & ruled by crooks of highest order surrounded by psycophants.

We need to clean the system with dedicated army of 10,000 people in 100x100 Matrix based on Moral Values & Spiritual Understanding (Highest Form of Wisdom Developed by our Sages/Rishis who were actually traditional scientists not like today's Baba's which act like Shopkeepers/Sales/Marketing Agents or Pimps in Yellow Robes) which is core of Bhartiyata without which countries Soul has been sold already by pimps sitting in all nook & corners of the establishment.

Rural India/Bharat still has a hope for revival as some value system is still left in their souls for Rebuilding Bharat of our dreams/हमारे सपनों का भारत.

We have started the ball rolling for building such bharat thru Jaivic Bharat with a Campaign recently launched named (Food as a rejuvenating Medicine) FARM2016-17 focused on Healthcare & Lifestyle to begin with for reaching a critical mass.

A Concept Note is attached for anybody's ready reference in case people are interested for more details.

We can start with a 25x25 Matrix or Even 11x11 Matrix if there are people committed for Rebuilding Bharat without any hangups as it requires complete surrender to the cause without an iota of ego or selfcentred approach else Matrix will never be complete.

I am sure IAC has such committed people for the Nation. I am willing to coordinate for making it happen.

We have created a separate email ID for that spiritualwisdomindia@gmail.com in case somebody shows interest for further action.

Best Regards

R.K.Atri

On Nov 27, 2016 12:47 AM, "Prodipto Roy" <prodipto.r@gmail.com> wrote:

This message is eligible for Automatic Cleanup! (prodipto.r@gmail.com) Add cleanup rule | More info

I completely agree with this analysis. It hits the nail on the head. We must stop being a nation of liars, cheats and embezzlers.

This has to start with the rulers - politicians and bureaucrats. Appropriate agencies must investigate the illegally acquired assets of all IAS and provincial cadre gov't.servants and all politicians from the top to the bottom - BDOs, Patwaris, etc., and including panchayat heads and benami assets.

Indians need a new civic culture, a change of heart, a distaste for illegal activities which will, unfortunately, only come when the dishonest are found out, shamed and suitably punished, whatever their status. And we must give up the foolish belief that a dip in the holy Ganga or a gift to a god will wipe out the sins of kalpas of lying,  cheating, stealing, embezzling, and slowly killing children, women and the poor by embezzling their dues.

Joya Roy

Post: "indiaresists@lists.riseup.net"
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in

--

      With regards to all,
      ------Mukund Apte

Re: [IAC#RG] 're Shri Narasimhan's suggestion

From: "Jaivic Bharat" <rkatri1@gmail.com>
Date: Nov 29, 2016 12:38 AMOn Nov 27, 2016 5:48 AM, rkatri1@gmail.com wrote:

Thanks Joya;

Very well said now we have become a country of liers; cheats & ruled by crooks of highest order surrounded by psycophants.

We need to clean the system with dedicated army of 10,000 people in 100x100 Matrix based on Moral Values & Spiritual Understanding (Highest Form of Wisdom Developed by our Sages/Rishis who were actually traditional scientists not like today's Baba's which act like Shopkeepers/Sales/Marketing Agents or Pimps in Yellow Robes) which is core of Bhartiyata without which countries Soul has been sold already by pimps sitting in all nook & corners of the establishment.

Rural India/Bharat still has a hope for revival as some value system is still left in their souls for Rebuilding Bharat of our dreams/हमारे सपनों का भारत.

We have started the ball rolling for building such bharat thru Jaivic Bharat with a Campaign recently launched named (Food as a rejuvenating Medicine) FARM2016-17 focused on Healthcare & Lifestyle to begin with for reaching a critical mass.

A Concept Note is attached for anybody's ready reference in case people are interested for more details.

We can start with a 25x25 Matrix or Even 11x11 Matrix if there are people committed for Rebuilding Bharat without any hangups as it requires complete surrender to the cause without an iota of ego or selfcentred approach else Matrix will never be complete.

I am sure IAC has such committed people for the Nation. I am willing to coordinate for making it happen.

We have created a separate email ID for that spiritualwisdomindia@gmail.com in case somebody shows interest for further action.

Best Regards

R.K.Atri

On Nov 27, 2016 12:47 AM, "Prodipto Roy" <prodipto.r@gmail.com> wrote:

This message is eligible for Automatic Cleanup! (prodipto.r@gmail.com) Add cleanup rule | More info

I completely agree with this analysis. It hits the nail on the head. We must stop being a nation of liars, cheats and embezzlers.

This has to start with the rulers - politicians and bureaucrats. Appropriate agencies must investigate the illegally acquired assets of all IAS and provincial cadre gov't.servants and all politicians from the top to the bottom - BDOs, Patwaris, etc., and including panchayat heads and benami assets.

Indians need a new civic culture, a change of heart, a distaste for illegal activities which will, unfortunately, only come when the dishonest are found out, shamed and suitably punished, whatever their status. And we must give up the foolish belief that a dip in the holy Ganga or a gift to a god will wipe out the sins of kalpas of lying,  cheating, stealing, embezzling, and slowly killing children, women and the poor by embezzling their dues.

Joya Roy

[IAC#RG] Complaint to "Public Query" on demonetisation of Rs. 500 and Rs. 1000 OHD /SBN

To:

The Governor,

Reserve Bank of India

Kind attn: Mr. Urjit Patel / Governor

Sir,

Kindly refer my email addressed to you and sent to the designated email ID under the SBN withdrawal scheme announced on 8.Nov.2016.

It is a matter of concern that I have not received a reply from the issuer Bank (Reserve Bank of India) who induced me over the years to exchange my monetary coinage resources for the Bank notes under the strength of section 39 of the Resreve Bank of India Act.

From your non-reply, it seems you want to cheat and defraud citizens like myself and are running away from completing your statutory obligations to repay me in coin on demand.

I reiterate that I have no wish to retain / deposit my funds in your regulated banks or in accounts therein since the guarantee of the Central Govt is highly insufficient to protect my deposits therein, whereas all my bank notes are guaranteed by the Central Govt. Also the bank accounts are very insecurely maintained by the lower banks and are being rampantly hacked by well organised foreign hackers with the stolen monies never recovered nor returned.

I wish to strongly convey that the Central Govt is least interested in protecting small bank depositors since the vital Cyber Regulations Appellate Tribunal lacks a Chairperson for many years and has not functioned since last 3 years simply to cover over this rampant menace of hacked banked accounts. The Adjudicating Officers appointed for sections 43-46 of Information Technology Act are also hardly functional and hacking complaints are piling up for years on end with them . It is therefore highly deceitful on part of RBI or Central Govt. to compel me to place my funds in your highly insecure banks and their pathetically insecure cyber infrastructres to recover my funds locked in the SBN notes.

For your ready reference, section 39 of the RBI Act 1934 is reproduced below.

"39. Obligation to supply different forms of currency.
 
(1) The Bank shall issue rupee coin on demand in exchange for bank notes and currency notes of the Government  of India, and shall issue currency notes or bank notes on demand in exchange for coin which is legal tender under the Indian Coinage Act, 1906.
 
(2) The Bank shall, in exchange for currency notes or bank notes of two rupees or upwards, supply currency notes or bank notes of lower value or other coins which are legal tender under the Indian Coinage Act, 1906, in such quantities as may, in the opinion of the Bank, be required for circulation; and the Central Government shall supply such coins to the Bank on demand. If the Central Government at any time fails to supply such coins, the Bank shall be released from its obligations to supply them to the public."

Accordingly, since I wish to exercise my statutory right to be paid on demand in coin for the now withdrawn notes issued by your bank, kindly communicate to me how, when and where I can present your withdrawn SBN notes for conversion into legal tender coinage.

sincerely,

Sarbajit Roy

National Convenor

INDIA AGAINST CORRUPTION

B-59 Defence Colony

New Delhi, 110024

Tel: +91-8010205897

On Thu, Nov 24, 2016 at 9:27 AM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

To:

1) The Governor, Reserve Bank of India

2) The Secretary, Department of Financial Services (GOI),

3) Chief Minister of Delhi

Dear Sirs

Sub: Public Query on Demonetisation of Rs. 500 and Rs. 1000 OHD

I am informed that the Govt of India on 8 November 2016 has notified that OHD notes of Rs. 500 and Rs. 1,000 are withdrawn and shall not be legal tender w.e.f midnight between 08.11.2016 and 09.11.2016.

The term "legal tender" essentially means "coins or banknotes that must be accepted if offered in payment of a debt"

However, each of the withdrawn note carries the assurance of the Reserve Bank of India, through its Governors, that "I promise to pay the bearer the sum of Five Hundred Rupees". or "I promise to pay the bearer the sum of One Thousand Rupees".

I am holding some OHD note of Rs. 500 and also some OHD notes of Rs. 1000.

I wish to be immediately paid in sum against these notes since I no longer have faith in currency notes issued by RBI and I am also not at all prepared to accept in exchange the new promissory notes being issued by RBI which are presently worthless to me and which contain an unacceptable political slogan.

Furthermore, since these OHD notes with me are genuine bearer notes issued by Governor RBI and withdrawn from ATMs / counters of PSU Banks, I am not prepared to provide / show any identification to exchange them since these are bearer notes.

Accordingly, kindly inform me when, where and how I can immediately exchange my aforesaid OHD notes for their sum.

NB: This communication is sent in larger public interest of persons who insist on financial inclusion in banking system

sincerely

Er. Sarbajit Roy

National Convenor

INDIA FIGHTS CORRUPTION

http://www.indiafightscorruption.org

Convenor

FIPS FORUM (Financial Inclusion and Payment Systems Forum)

http://www.fipsforum.in

Address: B-59 Defence Colony, New Delhi 110024

Tel : +91-8010205897

Re: [IAC#RG] Public Query on Demonetisation of Rs. 500 and Rs. 1000 OHD

Good points Modi should not play with common man who is worst affected_J Balaji Delhi

On Nov 29, 2016 8:02 AM, "Prashant Sachan" <prashant.sachan84@gmail.com> wrote:

Thanks Mr Sarabjit for writing such letter.

There might be some one or two percent people through which efficient Modi Govt may figure out with so called black money at the cost of 1.25 billion population inconvenience,regret and economy slow-down.

People having black money obviously they have not earned through hard work and if Govt would take it or they smoke (very remote possibility) , , they may now start storing new pink currency, how in such case System would improve.and what is the fault of general public in such case that Govt has started playing with their peace and putting restrictions on little money they have.

Thanks,

Best Regards,
Prashant 

On Thu, Nov 24, 2016 at 1:00 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

Dear CA Chitaranjan

1) Please do not impugn my honesty or integrity or patriotism, without basis. Furthermore, we circulate as many honest and reasonably argued emails, irrespective of their contents or who writes them, as we can.

2) You surely must have studied enough law to become a CA

3) The RBI issues currency notes on behalf of the Govt. of India. These promissory notes constitute the sovereign debt of Govt of India.

4) When these bearer promissory notes were issued, under RBI Act, the sovereign statutory liability cannot be UNILATERALLY extinguished or restricted.

5) At no time while issuing these BEARER promissory notes was there any requirement that they would only be exchanged against identity proof.

6) Kindly note the legal position, the RBI is obliged in law to exchange all notes tendered to it into lower denom notes or coins to any bearer.
https://www.rbi.org.in/scripts/BS_CurrencyFAQView.aspx?Id=39

What is the meaning of "I promise to pay" clause?

As per Section 26 of Reserve Bank of India Act, 1934, the Bank is liable to pay the value of banknote. This is payable on demand by RBI, being the issuer. The Bank's obligation to pay the value of banknote does not arise out of a contract but out of statutory provisions.

The promissory clause printed on the banknotes i.e., "I promise to pay the bearer the sum of Rupees …" is a statement which means that the banknote is a legal tender for the specified amount. The obligation on the part of the Bank is to exchange a banknote with bank notes of lower value or other coins which are legal tender under the Indian Coinage Act, 2011, of an equivalent amount.

7) No restrictions on note exchange can be imposed UNILATERALLY by RBI on instructions of Govt. unless there is a declared NATIONAL EMERGENCY for which force-majeure clauses can be invoked in commercial contracts.

8) Is there any blanket moratorium notified on payment of debts ?

9) Anyway after IAC / India Fights Corruption has very forcefully (and silently) pursued Mr. Modi on these queries, we can say with authority that in a few days Rs. 100 notes will be freely available at all urban banks. These are being flown in from abroad in SECRET Chartered flights.

10 ) Everything we do , we do for our membership, and we are very transparent and very very unlike nautankibaazes like Mr. Arvind Kejriwal or Mr. Modi.

Sarbajit

Pradhancharya, Hindu Samaj of India

On Thu, Nov 24, 2016 at 11:03 AM, CA Chitranjan Bharadia <chitranjan@bharadiamaheshwari.com> wrote:

Dear Sarbajit

 

I am very much surprised to receive your above letter written to Governor and other persons, whereby you told that amount should be paid to you, as RBI has promised to pay you, its right so they can exchange your note from new notes, which are valid currency, however you have mentioned that you don't want to show/ provide your identity, which has doubt about your intension,

 

Whether you wish to support the persons, who are having black money, why you are raising such issue that you will not provide your identification ? r u afraid or you are having black money ?

 

When you are doing great work through various issues, however we not agree with you in this move, why you wish to raise such issue, that will give strength to the persons, who are having black money ? I am surprised that you are writing such letters ( now we are suspicious about your intentions) towards Indian Fight Corruption   campaign

 

Why are you afraid to give your identity, when it is genuine and you earned it though genuine means.

 

Hope you will circulate this mail to everyone.

 

Thanks with Best Regards

 

CA Chitranjan Bharadia

Post: "indiaresists@lists.riseup.net"
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in

Post: "indiaresists@lists.riseup.net"
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in

Re: [IAC#RG] Public Query on Demonetisation of Rs. 500 and Rs. 1000 OHD

Dear Prashant

We are equally thankful for the participation and kindness of all our members.

It is when educated people come together and share their knowledge and experience that society benefits as a whole, and I am pleased that there are young CAs like yourself who have worked in a variety of roles who can take the nation forward in this century.

It seems Mr. Modi's calculations were not so exact after all and that he has now discovered that corruption and black money cannot be controlled by demonetisation after the flood of money which has been compelled to be caged in the (rotten) banks waiting to be freed again. This "hot" money will not be chained where it can be taxed and will flow around all barriers to be productive.

It is at times like these that the skilled CAs will ensure that efficient indigenous forms of business and payment systems will continue to flourish and corrode the fetters which rotten governments impose on the efficient and excellent.

You young CAs will surely play a vital role in the revolution of applying GST practically to efficient indigenous businesses so that India can achieve its true place in the comity of nations.

So be honest, but not too honest ;-)

Sarbajit

On Tue, Nov 29, 2016 at 12:42 AM, Prashant Sachan <prashant.sachan84@gmail.com> wrote:

Thanks Mr Sarabjit for writing such letter.

There might be some one or two percent people through which efficient Modi Govt may figure out with so called black money at the cost of 1.25 billion population inconvenience,regret and economy slow-down.

People having black money obviously they have not earned through hard work and if Govt would take it or they smoke (very remote possibility) , , they may now start storing new pink currency, how in such case System would improve.and what is the fault of general public in such case that Govt has started playing with their peace and putting restrictions on little money they have.

Thanks,

Best Regards,
Prashant 

On Thu, Nov 24, 2016 at 1:00 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

Dear CA Chitaranjan

1) Please do not impugn my honesty or integrity or patriotism, without basis. Furthermore, we circulate as many honest and reasonably argued emails, irrespective of their contents or who writes them, as we can.

2) You surely must have studied enough law to become a CA

3) The RBI issues currency notes on behalf of the Govt. of India. These promissory notes constitute the sovereign debt of Govt of India.

4) When these bearer promissory notes were issued, under RBI Act, the sovereign statutory liability cannot be UNILATERALLY extinguished or restricted.

5) At no time while issuing these BEARER promissory notes was there any requirement that they would only be exchanged against identity proof.

6) Kindly note the legal position, the RBI is obliged in law to exchange all notes tendered to it into lower denom notes or coins to any bearer.
https://www.rbi.org.in/scripts/BS_CurrencyFAQView.aspx?Id=39

What is the meaning of "I promise to pay" clause?

As per Section 26 of Reserve Bank of India Act, 1934, the Bank is liable to pay the value of banknote. This is payable on demand by RBI, being the issuer. The Bank's obligation to pay the value of banknote does not arise out of a contract but out of statutory provisions.

The promissory clause printed on the banknotes i.e., "I promise to pay the bearer the sum of Rupees …" is a statement which means that the banknote is a legal tender for the specified amount. The obligation on the part of the Bank is to exchange a banknote with bank notes of lower value or other coins which are legal tender under the Indian Coinage Act, 2011, of an equivalent amount.

7) No restrictions on note exchange can be imposed UNILATERALLY by RBI on instructions of Govt. unless there is a declared NATIONAL EMERGENCY for which force-majeure clauses can be invoked in commercial contracts.

8) Is there any blanket moratorium notified on payment of debts ?

9) Anyway after IAC / India Fights Corruption has very forcefully (and silently) pursued Mr. Modi on these queries, we can say with authority that in a few days Rs. 100 notes will be freely available at all urban banks. These are being flown in from abroad in SECRET Chartered flights.

10 ) Everything we do , we do for our membership, and we are very transparent and very very unlike nautankibaazes like Mr. Arvind Kejriwal or Mr. Modi.

Sarbajit

Pradhancharya, Hindu Samaj of India

On Thu, Nov 24, 2016 at 11:03 AM, CA Chitranjan Bharadia <chitranjan@bharadiamaheshwari.com> wrote:

Dear Sarbajit

 

I am very much surprised to receive your above letter written to Governor and other persons, whereby you told that amount should be paid to you, as RBI has promised to pay you, its right so they can exchange your note from new notes, which are valid currency, however you have mentioned that you don't want to show/ provide your identity, which has doubt about your intension,

 

Whether you wish to support the persons, who are having black money, why you are raising such issue that you will not provide your identification ? r u afraid or you are having black money ?

 

When you are doing great work through various issues, however we not agree with you in this move, why you wish to raise such issue, that will give strength to the persons, who are having black money ? I am surprised that you are writing such letters ( now we are suspicious about your intentions) towards Indian Fight Corruption   campaign

 

Why are you afraid to give your identity, when it is genuine and you earned it though genuine means.

 

Hope you will circulate this mail to everyone.

 

Thanks with Best Regards

 

CA Chitranjan Bharadia

Post: "indiaresists@lists.riseup.net"
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in

Post: "indiaresists@lists.riseup.net"
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in

Re: [IAC#RG] Public Query on Demonetisation of Rs. 500 and Rs. 1000 OHD

Thanks Mr Sarabjit for writing such letter.

There might be some one or two percent people through which efficient Modi Govt may figure out with so called black money at the cost of 1.25 billion population inconvenience,regret and economy slow-down.

People having black money obviously they have not earned through hard work and if Govt would take it or they smoke (very remote possibility) , , they may now start storing new pink currency, how in such case System would improve.and what is the fault of general public in such case that Govt has started playing with their peace and putting restrictions on little money they have.

Thanks,

Best Regards,
Prashant 

On Thu, Nov 24, 2016 at 1:00 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

Dear CA Chitaranjan

1) Please do not impugn my honesty or integrity or patriotism, without basis. Furthermore, we circulate as many honest and reasonably argued emails, irrespective of their contents or who writes them, as we can.

2) You surely must have studied enough law to become a CA

3) The RBI issues currency notes on behalf of the Govt. of India. These promissory notes constitute the sovereign debt of Govt of India.

4) When these bearer promissory notes were issued, under RBI Act, the sovereign statutory liability cannot be UNILATERALLY extinguished or restricted.

5) At no time while issuing these BEARER promissory notes was there any requirement that they would only be exchanged against identity proof.

6) Kindly note the legal position, the RBI is obliged in law to exchange all notes tendered to it into lower denom notes or coins to any bearer.
https://www.rbi.org.in/scripts/BS_CurrencyFAQView.aspx?Id=39

What is the meaning of "I promise to pay" clause?

As per Section 26 of Reserve Bank of India Act, 1934, the Bank is liable to pay the value of banknote. This is payable on demand by RBI, being the issuer. The Bank's obligation to pay the value of banknote does not arise out of a contract but out of statutory provisions.

The promissory clause printed on the banknotes i.e., "I promise to pay the bearer the sum of Rupees …" is a statement which means that the banknote is a legal tender for the specified amount. The obligation on the part of the Bank is to exchange a banknote with bank notes of lower value or other coins which are legal tender under the Indian Coinage Act, 2011, of an equivalent amount.

7) No restrictions on note exchange can be imposed UNILATERALLY by RBI on instructions of Govt. unless there is a declared NATIONAL EMERGENCY for which force-majeure clauses can be invoked in commercial contracts.

8) Is there any blanket moratorium notified on payment of debts ?

9) Anyway after IAC / India Fights Corruption has very forcefully (and silently) pursued Mr. Modi on these queries, we can say with authority that in a few days Rs. 100 notes will be freely available at all urban banks. These are being flown in from abroad in SECRET Chartered flights.

10 ) Everything we do , we do for our membership, and we are very transparent and very very unlike nautankibaazes like Mr. Arvind Kejriwal or Mr. Modi.

Sarbajit

Pradhancharya, Hindu Samaj of India

On Thu, Nov 24, 2016 at 11:03 AM, CA Chitranjan Bharadia <chitranjan@bharadiamaheshwari.com> wrote:

Dear Sarbajit

 

I am very much surprised to receive your above letter written to Governor and other persons, whereby you told that amount should be paid to you, as RBI has promised to pay you, its right so they can exchange your note from new notes, which are valid currency, however you have mentioned that you don't want to show/ provide your identity, which has doubt about your intension,

 

Whether you wish to support the persons, who are having black money, why you are raising such issue that you will not provide your identification ? r u afraid or you are having black money ?

 

When you are doing great work through various issues, however we not agree with you in this move, why you wish to raise such issue, that will give strength to the persons, who are having black money ? I am surprised that you are writing such letters ( now we are suspicious about your intentions) towards Indian Fight Corruption   campaign

 

Why are you afraid to give your identity, when it is genuine and you earned it though genuine means.

 

Hope you will circulate this mail to everyone.

 

Thanks with Best Regards

 

CA Chitranjan Bharadia

Post: "indiaresists@lists.riseup.net"
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in

Re: [IAC#RG] Public Query on Demonetisation of Rs. 500 and Rs. 1000 OHD

Dear Ankit

Since I was responding to K.S Dhingra ji (a legal expert), I was slightly concise in my explanations, and you got confused..

I did not claim that currency note is a bearer cheque. I said it is "akin" to a bearer cheque, ie. "similar" to a bearer cheque.

Actually, a currency note is a "note" and NOT a cheque, but is excluded from being a promissory note under section 4 of the "Negotiable Instruments Act"  used for dishonoured cheques. Hence there is no explicit time limit on a currency note's validity. As per the Bank of England, a bank note is valid till the note and the issuer Bank both exist.

Since it is a bearer note, the international banking practice is not to insist on ID while bank notes are exchanged. However, nowadays there are some internationally agreed money laundering norms for which ID may be requested beyond a  reasonable threshhold..

The Courts have already started passing judgments on some exceedingly poor quality PILs being filed by pubicity seeking advocates all across  the country.
https://indiankanoon.org/doc/137292652/

The Supreme Court had also decided a case in 1996 which the Govt will probably rely on
https://indiankanoon.org/doc/1199635/
However, in my view, it is an exceptionally poorly reasoned and expedient decision,

The test however, in the present cases will be on sections 26 and Section 39 of RBI Act and the Govt exceedings its powers. But the law  moves very slowly.

FYI, the RBI has specifically clarified that the pre 2005 OHD withdrawn notes of Rs. 500 and Rs.1,000 can also be deposited into  bank accounts. (this supports the Bank of England's position that bank notes cannot be unilaterally extinguished along with their statutory sovereign debt repayment obligations)

https://rbi.org.in/Scripts/FAQView.aspx?Id=119

"3. Does the scheme apply to pre 2005 banknotes of ₹ 500 and ₹ 1000?

Yes, specified banknotes (SBN) include pre 2005 banknotes in the
denominations of Rs.500 and Rs.1000. Banks should accept deposits of
pre-2005 bank notes in the denominations of Rs. 500 and Rs. 1000 under
the scheme. However, these notes can be exchanged at RBI Offices
only."

The Hindustan Republican Army is very concerned with the highly polarised situation being manufactured in the country. Accordingly I  have been requested by IAC-HQ to co-chair their core committee meetings across India in next 2 weeks being attended by representatives from a wide spectrum of various influential nation building and also  religious organisations.

Obviously we all want least possible disruption to poor people while achieving maximum national objectives. So you can be sure that very  tough questions (also based on IAC member queries/concerns) will be asked and answered at our conclaves before INDIA AGAINST CORRUPTION formalises its future path / strategy, including our political path.

Sarbajit Roy

On 11/28/16, Ankit Khetan <indiaresists@lists.riseup.net> wrote:
> Respected Sarbajit ji,Previously I was not able to understand the matter
> fully, sometimes I used to think that your point is correct. But after many
> discussions among the subscribers I think that the Mr. K S Dhingra ji is
> saying correct.

>As per you the currency note is bearer cheque. Previously you
> have seen that govt. have put time limit on bank cheques of 3 months from 6
> months. As govt have power to put time limit on any cheque then on that
> basis this bearer cheque can also be brought under the time limit
> restriction.And this time limit is not for the first time, previously also
> this was done in 2005 previous notes.And as in the bank cheque now a days
> most banks asks for ID proof of the holder of the cheque who goes to encash
> the money. And in this case also govt is asking for ID proof.So in no case

> the stand of government is wrong as time limit period is also not of the
> short period.

>Yes some person may say that they do not know of this
> situation but due to vast media presence when person is on such a long trip
> then in India people might not be unaware of the situation atleast.
>
> Ankit Khetan India
>

Re: [IAC#RG] Public Query on Demonetisation of Rs. 500 and Rs. 1000 OHD

Respected Sarbajit ji,

Previously I was not able to understand the matter fully, sometimes I used to think that your point is correct. But after many discussions among the subscribers I think that the Mr. K S Dhingra ji is saying correct.

As per you the currency note is bearer cheque. Previously you have seen that govt. have put time limit on bank cheques of 3 months from 6 months. As govt have power to put time limit on any cheque then on that basis this bearer cheque can also be brought under the time limit restriction.

And this time limit is not for the first time, previously also this was done in 2005 previous notes.

And as in the bank cheque now a days most banks asks for ID proof of the holder of the cheque who goes to encash the money. And in this case also govt is asking for ID proof.

So in no case the stand of government is wrong as time limit period is also not of the short period. Yes some person may say that they do not know of this situation but due to vast media presence when person is on such a long trip then in India people might not be unaware of the situation atleast.

Ankit Khetan

India

---

From: Sarbajit Roy <sroy.mb@gmail.com>
To: indiaresists <indiaresists@lists.riseup.net>
Sent: Monday, 28 November 2016 8:08 AM
Subject: Re: [IAC#RG] Public Query on Demonetisation of Rs. 500 and Rs. 1000 OHD

Sir,

Are you the KS Dhingra who was the Chief Law Officer of The Central Electricity Regulatory Commission ?

Then, as a legal expert.you would surely know the difference between a "bearer" cheque and an "order" cheque.

Unlike Order Cheques, an Indian currency note is akin (since banknotes and currency notes are not included as promissory notes under N.I. Act) to a bearer cheque drawn on RBI and signed by its Governor, clearly containing the Governor's statement "I promise to pay the BEARER the SUM of Rs. xxxx"

The consequence of this statement is that the BEARER of a currency note is entitled to present it for over the counter payment at the RBI either in person or by his endorsee WITHOUT ANY PROOF OF IDENTITY.

A bearer cheque is always a bearer cheque and payment of the cheque across the counter cannot be refused by the banker as per law.

It is also relevant that this extra-ordinary situation has arisen out of the rampant counterfeiting caused by the poor quality notes lacking vital security features which the Reserve Bank of India has been issuing.

Please see "What is a Bearer Cheque?" [link] for a populist explanation.

"A bearer cheque is one that does not have the word 'Bearer' on the cheque cancelled.

This cheque is payable by the drawee bank over the counter to the Bearer or presenter of the cheque.

A Bearer cheque can be negotiated or pass to another person by mere delivery. In other words, the holder (or the Transferer), when giving it to another person need not endorse the cheque.

No identification is needed when a bearer cheque is presented for encashment. However, in normal banking practice, where the amount of the cheque is substantial, the identity of the encasher is insisted on.

A bearer cheque can be collected by the bank for the credit of anyone's account.

In banking practice, the need for the encasher's signature on the back of the cheque is merely to evidence that the encasher has received the money from the bank"

There is thus no basis for the RBI to say they will only pay these bearer notes through a bank account.

If the RBI cannot pay the value of these notes across the counter on demand to bearers if presented, then it means that the RBI is insolvent.

I would advise you to kindly read this article by our lady subscriber VIDYUT before you confuse our members further. The clear analysis is that the Govt is clearly bankrupt and the RBI is unable to payout its obligations to the depositors.

https://aamjanata.com/here-is-how-the-demonetisation-is-a-forced-public-funded-bailout-of-banks/

I shall deal with the meaning of "SUM" separately, since "sum" is not the same as "value".

Sincerely.

Sarbajit

On Sun, Nov 27, 2016 at 11:49 PM, K.S. Dhingra <ks_dhingra@hotmail.com> wrote:

The Governor of Reserve Bank of India promised to pay the amount. He will keep the promise. He will pay  you the amount by crediting your bank account with equal amount once you deposit the note in bank.

K S Dhingra
9211777884

Post: "indiaresists@lists.riseup.net"
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in

Re: [IAC#RG] Reply received from IIT Delhi concerning Gopal Mohan (your anti-cooruption advisor)

I congratulate  Mr. Sarbajit Roy  for exposing such elements.  This is precisely  the type of campaign that we need to put down characterlessness in administration and corruption in public life.

It is quite possible that such communication to Delhi Chief Minister may not even be acknowledged.  It will be difficult to make Indian media to spread such campaign, as the media is known to have many priorities. 

I appeal to every member of the group to forward this email to as many people as possible.  I am doing this at my level.

N.S.Venkataraman

Nandini Voice For The Deprived

On Mon, Nov 28, 2016 at 5:47 AM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

To:

Chief Minister/ NCT Delhi

Dear Mr. Kejriwal

I am constrained to inform you that I have received an email reply from the Head of the Centre for Energy Studies (CES-IITD) at IIT Delhi, dt. 15 November 2016 in reply to my request to be informed about any degrees / doctorate(s).of Mr. Gopal Mohan conferred by IIT Delhi.

The reply received indicates that Mr.Gopal Mohan (s/o Shri Radhey Shyam Thareja), who is presumably your advisor anti-corruption, has merely attended courses for professional candidate registration at their Centre, and that they have no information about degrees or doctorates he has claimed to have obtained from IIT Delhi.

As this is now a serious matter, I would request you to kindly seek an immediate explanation from your anti-corruption advisor concerning his apparently impersonatory claims of being a degree holder / Ph.D from IIT-Delhi in robotics and energy studies / embedded systems etc. widely published in the national newspapers like DNA / Indian Express / Times of India etc. (see links below)

I expect your reply in 3 days, since I am reiterating that. Mr. Gopal Mohan has corruptly misused the authority of your office as Chief Minister to ensure that vigilance complaints I have made against Delhi Govt officials have been compromised.

sincerely

Sarbajit Roy

National Convenor

INDIA AGAINST CORRUPTION

B-59 Defence Colony

New Delhi 110024

[1]  http://www.dnaindia.com/india/report-he-cheated-on-anna-for-a-cause-of-course-1580753

[2] http://mumbaimirror.indiatimes.com/others/sunday-read/Victory-sweepers/amp_articleshow/27374085.cms

[3] http://indianexpress.com/article/news-archive/web/inside-the-aam-aadmi-party/

Post: "indiaresists@lists.riseup.net"
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in

[IAC#RG] Reply received from IIT Delhi concerning Gopal Mohan (your anti-cooruption advisor)

To:

Chief Minister/ NCT Delhi

Dear Mr. Kejriwal

I am constrained to inform you that I have received an email reply from the Head of the Centre for Energy Studies (CES-IITD) at IIT Delhi, dt. 15 November 2016 in reply to my request to be informed about any degrees / doctorate(s).of Mr. Gopal Mohan conferred by IIT Delhi.

The reply received indicates that Mr.Gopal Mohan (s/o Shri Radhey Shyam Thareja), who is presumably your advisor anti-corruption, has merely attended courses for professional candidate registration at their Centre, and that they have no information about degrees or doctorates he has claimed to have obtained from IIT Delhi.

As this is now a serious matter, I would request you to kindly seek an immediate explanation from your anti-corruption advisor concerning his apparently impersonatory claims of being a degree holder / Ph.D from IIT-Delhi in robotics and energy studies / embedded systems etc. widely published in the national newspapers like DNA / Indian Express / Times of India etc. (see links below)

I expect your reply in 3 days, since I am reiterating that. Mr. Gopal Mohan has corruptly misused the authority of your office as Chief Minister to ensure that vigilance complaints I have made against Delhi Govt officials have been compromised.

sincerely

Sarbajit Roy

National Convenor

INDIA AGAINST CORRUPTION

B-59 Defence Colony

New Delhi 110024

[1]  http://www.dnaindia.com/india/report-he-cheated-on-anna-for-a-cause-of-course-1580753

[2] http://mumbaimirror.indiatimes.com/others/sunday-read/Victory-sweepers/amp_articleshow/27374085.cms

[3] http://indianexpress.com/article/news-archive/web/inside-the-aam-aadmi-party/

Re: [IAC#RG] Public Query on Demonetisation of Rs. 500 and Rs. 1000 OHD

Sir,

Are you the KS Dhingra who was the Chief Law Officer of The Central Electricity Regulatory Commission ?

Then, as a legal expert.you would surely know the difference between a "bearer" cheque and an "order" cheque.

Unlike Order Cheques, an Indian currency note is akin (since banknotes and currency notes are not included as promissory notes under N.I. Act) to a bearer cheque drawn on RBI and signed by its Governor, clearly containing the Governor's statement "I promise to pay the BEARER the SUM of Rs. xxxx"

The consequence of this statement is that the BEARER of a currency note is entitled to present it for over the counter payment at the RBI either in person or by his endorsee WITHOUT ANY PROOF OF IDENTITY.

A bearer cheque is always a bearer cheque and payment of the cheque across the counter cannot be refused by the banker as per law.

It is also relevant that this extra-ordinary situation has arisen out of the rampant counterfeiting caused by the poor quality notes lacking vital security features which the Reserve Bank of India has been issuing.

Please see "What is a Bearer Cheque?" [link] for a populist explanation.

"A bearer cheque is one that does not have the word 'Bearer' on the cheque cancelled.

This cheque is payable by the drawee bank over the counter to the Bearer or presenter of the cheque.

A Bearer cheque can be negotiated or pass to another person by mere delivery. In other words, the holder (or the Transferer), when giving it to another person need not endorse the cheque.

No identification is needed when a bearer cheque is presented for encashment. However, in normal banking practice, where the amount of the cheque is substantial, the identity of the encasher is insisted on.

A bearer cheque can be collected by the bank for the credit of anyone's account.

In banking practice, the need for the encasher's signature on the back of the cheque is merely to evidence that the encasher has received the money from the bank"

There is thus no basis for the RBI to say they will only pay these bearer notes through a bank account.

If the RBI cannot pay the value of these notes across the counter on demand to bearers if presented, then it means that the RBI is insolvent.

I would advise you to kindly read this article by our lady subscriber VIDYUT before you confuse our members further. The clear analysis is that the Govt is clearly bankrupt and the RBI is unable to payout its obligations to the depositors.

https://aamjanata.com/here-is-how-the-demonetisation-is-a-forced-public-funded-bailout-of-banks/

I shall deal with the meaning of "SUM" separately, since "sum" is not the same as "value".

Sincerely.

Sarbajit

On Sun, Nov 27, 2016 at 11:49 PM, K.S. Dhingra <ks_dhingra@hotmail.com> wrote:

The Governor of Reserve Bank of India promised to pay the amount. He will keep the promise. He will pay  you the amount by crediting your bank account with equal amount once you deposit the note in bank.

K S Dhingra
9211777884