Resolve Without Litigation Your Disputes From Any Part Of The World

Disputes are not desirable but yet they do happen in every walk of the life. We have many options to resolve these disputes and approaching a  court is the last option. But for many people this is the first option and this is a wrong strategy on their part. By approaching the courts at the first place we are over burdening them unnecessarily when these disputes can be resolved outside the court. The over burdened courts  would have no choice but to give lengthy dates as there is no way a handful of judges in Indian courts can handle such impossible target.

This mindset is not a problem of ordinary people but our state governments and central government too. A big chunk of litigation in courts is  from government departments. State governments and central govt are notorious for not only denying remedies to citizens at the first place but they also keep on appealing against adverse orders against them to higher courts. So not only original cases but also appeals from the  adverse orders against state governments and central government are increasing burden upon Indian courts.

We at Perry4Law Techno Legal Base (PTLB) have been working in the fields like online dispute resolution (ODR) and e-courts since 2004. We have launched few techno legal fields in both ODR and e-courts fields. We understand the significance of alternative dispute resolution (ADR) very well. We also understand how technology can be used to strengthen ADR in India by converting traditional ADR into ODR.

As the field is new, some sort of confusion and uncertainty is natural. That is why we launched two different online portals on ODR for world wide stakeholders. The first one is a Pro Bono Platform where we are helping people to not only understand usage of ODR but also  helping them free of cost. Stakeholders can see this Guide so that they can best use our Pro Bono ODR portal.

The second platform is a professional one where our clients and big companies can avail our techno legal services on a regular and professional basis. All they need to do is to use our ODR clause in their agreements. If both the parties agree, they can also use our ODR portal without any agreement if they agree to our ODR clause at any stage of the dispute. The process is simple and very effective.

Now comes the best part. Some of the unique features of our ODR portal are:

(1) Our ODR services are available throughout the world and even if parties to the dispute reside in different countries.

(2) It is not mandatory that the dispute must be an Indian dispute but any dispute in any part of the world can be resolved using our portal if the same can be resolved using mediation, conciliation, arbitration or ODR as per the laws of respective countries.

(3) Our ODR services can be used at any stage of the dispute even if there is no pre existing ODR clause. Such an ODR agreement can be formed by simply accepting our ODR clause by parties to the dispute.

(4) Parties to the dispute need not to move even out 0f their homes to avail our ODR services. So travelling expenses and travelling time is totally saved.

(5) All required documents can be shared with us through the online portal, secure e-mail, secured chats, etc. No cost for sending documents through post would be incurred.

(6) We are the only techno legal Institutionalised Arbitration Centre that is dealing in ODR world wide.

If any company or government department wishes to have training about how to best use our ODR services, we can also ensure the same.

If Indian government is serious about better access to justice and ensuring justice for all, we are more than happy to have a collaboration with it. We are also open to collaborations with foreign governments and international organisations if they have similar projects or wish to expand their existing dispute resolution capacities.

We may update this article with more information and details for the larger benefit of all. Please visit regularly this blog in general and our ODR portals in particular for latest developments of our projects.

TeleLaw Project Of PTLB Filed RTI Application Against Ministry Of MSME For Failing Digital India

As our readers must be aware that we are in the process of streamlining and empowerment of MSME sector in India. On our preliminary examination, we found that Ministry of MSME is not at all MSME friendly. To make the situation worst, Ministry of MSME has least inclination to use and adopt modern technologies. As a result while Modi Government is trying to implement Digital India project yet Ministry of MSME is actually working in the opposite direction.

We at PTLB Projects are working very hard to make India a Global leader in Techno Legal fields but the bureaucrats and Indian politicians are least interested in making India a Digital Economy. All they are interested in is oppression of Indians using unconstitutional and Orwellian technologies like Aadhaar. And we are fighting against this gross violation of Civil Liberties and Human Rights of Indians by Indian Government.

We have established a “No Aadhaar Zone” where stakeholders can operate and manage their businesses and affairs in  a surveillance free environment. For that we have developed a “New India Model” where Techno Legal Projects of PTLB are empowering national and international stakeholders. One such projects if TeleLaw Project of PTLB that is ensuring Access to Justice (A2J) and Justice for All at global level.

In one such Digital Empowerment drive, TeleLaw Project was testing the Digital India awareness and readiness of the Ministry of MSME. It is really surprising that the Ministry of MSME is not at all aware of technology aspects and they are not using it in any manner. Even their Twitter account is almost inactive and they are not responding back to the queries of citizens. This is a bad governance example especially when Modi Government is claiming that Digital India is successful. We tried our level best to inculcate good technology driven Good Governance at Ministry of MSME but the Ministry is well committed to renounce technology in all aspects.

So to bring out the truth of adoption of Digital India by Ministry of MSME, we filed an RTI Application (Pdf) at the online RTI portal of Indian Government. Now that is another struggle in itself. The Digital Payments that our Indian Government is so vigorously projecting is in a real bad shape. The SBI is managing the digital payment gateway for RTI Portal of Central Government and every time you use it , it give a failure message. Then subsequently you have to make a follow up with the Indian Government to get the RTI Application number manually. Thus, neither Digital India nor digital payments are in good shape no matter how much money Indian Government waste on making their positive image through advertisements.

We would update our readers about the development in this regard as soon as we get any information.

Contempt Of Court And Digital India Non Compliance By Ministry Of MSME: An Open Letter To Our Beloved Narendra Modi Ji

Dear Narendra Modi Ji

Greetings from Perry4Law Organisation (P4LO) and PTLB Projects that are incessantly working in the direction of making India a Global Leader in Techno Legal Fields.

We have been empowering poor, farmers, needy people, marginalised segments, startups, MSMEs, etc through our Techno Legal projects. In one such project, we are trying to streamline the processes at Ministry of MSME by using technology and other processes that can bring transparency and accountability in the Ministry of MSME.

However, the Ministry of MSME is not only illegally forcing Aadhaar even after the decision of Constitution Bench of Supreme Court but is also mocking the Digital India and Indian Cyber Law. As per the Information Technology Act, 2000 and well accepted and implemented policy of Indian Government, electronic documents are accepted all over India in multiple Ministries and Departments. Insisting that documents should be sent in paper form only is not only waste of money and time but would also cost us precious trees and our environment.

We first communicated with the Ministry of MSME over e-mail and when the Ministry failed to act on time, we filed an RTI Application (PDF). The intention is to make the functionalities and processes of Ministry of MSME as much online as possible. But Ministry of MSME is not cooperating in this regard and is frustrating our Digital India and New India Model.

We have attached the entire development and communications with Ministry of MSME for your perusal in the hope that we may be allowed to streamline the processes and applications in Ministry of MSME and Digital India would actually be effective.

Please look into the matter urgently and take corrective steps so that bureaucrats and Ministries like MSME do not take Citizens, Digital India and New India for granted.

Warm Regards

Praveen Dalal
Mobile: xxxxxxxxxx
New Delhi, India.

(1) Update 1 (21-06-2019): Today the Contempt of Court and violation of provisions of IT Act 2000 by Ministry of MSME has been escalated to next levels. We would update our readers about the same and its outcome soon.

(2) Update II (01-07-2019): Today we filed a RTI Application before the Prime Minister’s Office (PMO) regarding establishing transparency and accountability among Government Departments and Ministries. We also sought information about the Government’s pet project Digital India so that its actual implementation and truth can be revealed.

(3) Update III (02-07-2019): Yesterday (on 01-07-2019) we filed a RTI Application at PMO as the grievance officer was sitting upon our grievance. Today the grievance officer has forwarded our grievance to the head of the department at Ministry of MSME. We are committed to bring digital governance, Digital India, e-delivery and Good Governance in all Govt Departments and Ministries in India.

(4) Update IV (05-07-2019): After much follow up, the RTI filed on 01-07-2019 at PMO was finally registered today on 05-07-2019. While RTI Portal of Delhi Government is instantly registering the RTIs yet RTI Portal of Modi Government is taking 4 days just to register and communicate the RTI  number. Now think how much time would be taken by Modi Government to dispose off the RTI Application. On the other hand, RTI Applications in the Chief Minister Office (CMO) and Deputy Chief Minister Office  (DyCMO) of Delhi are moving in a 1 day cycle. So a RTI filed before Delhi Govt is not only instantly filed but it is also forwarded for prompt action within 1 day and this includes the time of filing of RTI Application too.

Dealing In Cryptocurrency Like Bitcoin Could Soon Be Banned And Punishable In India

Cryptocurrency like Bitcoin has a turbulent history in India. There has always been an environment of uncertainty and doubt about the legality of Bitcoin in India. To make the matter worst, many Indian and foreign Bitcoin exchanges were shut down without repayment to the Bitcoin holders. Many Bitcoin exchanges offices were also raided by law enforcement agencies in India to investigate money laundering and other foreign exchange compliance issues.

Nevertheless, enthusiasm among the cryptocurrency stakeholders always remained high in India. The cryptocurrency  stakeholders are lobbying very hard to get it recognised in India. However, the mood of Indian Government is more on the side of banning foreign  cryptocurrency and regulating its own digital currency like “Digital Rupee”.

The draft Banning of Cryptocurrency and Regulation of Official Digital Currency Bill 2019 is a manifestation of that intention of Indian Government. As per the draft Cryptocurrency Bill, Individuals involved in mining, selling or holding of cryptocurrency like Bitcoin might face 10 year prison term. So people who “mine, generate, hold, sell, transfer, dispose, issue or deal in cryptocurrencies” may face the heat of proposed law.

This is a very wide restriction and for all practical purposes dealing of foreign cryptocurrencies in India can be a severe offence now. Along with making it illegal, the draft law also proposes to make holding cryptocurrencies a non-bailable offence.

Economic Affairs Secretary Subhash Chandra Garg is heading the panel drafting the Banning of Cryptocurrency and Regulation of Official Digital Currency Bill 2019. The panel reportedly includes several members from the Securities and Exchange Board of India (SEBI) as well as investigating agencies and Central Board of Direct Taxes (CBDT), among others.

The Reserve Bank of India (RBI) had already issued a notification prohibiting Indian banks from providing financial services to crypto exchanges. Considering the potential of cryptocurrencies of being misused in money laundering and other illicit activities, government authorities had backed banning it in India in the past.

It seems Indian Government is planning to launch and promote its own digital currency. The Government is working on an official digital currency for India called ‘Digital Rupee’. The Government- controlled cryptocurrency might be rolled out after consultations with the central board of the Reserve Bank of India.

This is a smart move as promoting India’s own digital currency would have its own financial and regulatory benefits in future. However, there is a lack of innovative ideas in India and the Aadhaar fiasco has proved this point very well. Indian Government should rely upon Techno Legal Policies and Projects instead of forcing Orwellian and oppressive technologies. Also actual implementation of Digital Rupee scheme would be a challenging one. Without adequate Techno Legal expertise, this project would remain a dream only. So before launching Digital Rupee, Indian Government must do its homework and establish necessary and adequate infrastructure in this regard in advance.

It is premature to comment upon the proposed Cryptocurrency Bill, but there may still be some hope for foreign cryptocurrencies either before or after the Bill becomes a law. We at Perry4Law Organisation (P4LO) can help you in your cryptocurrency venture in India and other jurisdictions and if you are interested in our Techno Legal consultancy/services, please contact us and establish a client attorney relationship.

Modi Government Is Streamlining Corporate Governance And Role Of Independent Directors

As per media reports, Narendra Modi Government is all set to bring some far reaching corporate governance norms in India. Corporate frauds, white collar crimes, financial frauds, etc significantly increased during the previous term of Modi Government from 2014 to 2019. While it is difficult for an honest and hard working entrepreneur and startup to get a loan from any bank, many high profile corporate criminals took crore of loans without any oversight and accountability. As a result the non performing assets (NPAs) of banks increased significantly pushing many banks to the verge of bankruptcy.

That is a past scenario and Modi Government is doing all it could do to bring back the defrauded money and criminals back to India to face punishment under Indian laws. We are not covering that aspect in this article and this article is discussing some significant policy decisions made by Modi Government for corporate governance in India. Of course, they are just ideas at this stage and their actual implementation would not be easy for the Government.

The first decision pertains to independent directors. According to existing law, every company listed in India has to have independent directors accounting for at least a third of its board strength. Their main duty is to act as overseers outside the influence of the company, safeguarding the interests of minority shareholders.

As per Injeti Srinivas, the top bureaucrat in charge of corporate affairs, Independent directors on company boards will soon have to clear an exam before they can be appointed. The exam will be an online assessment covering the basics of Indian company law, ethics, and capital market norms among other areas. While aspiring directors will have a fixed time frame within which they have to clear the exam, they will be allowed an unlimited number of attempts. Srinivas, who aims to roll out the new oversight program within two months, said the ultimate aim of the exam is to ensure that officials aren’t able to plead ignorance if they’re hauled up over a lack of oversight.

Experienced directors who have already been on boards for several years will be exempt from the test but will have to register themselves on a database the Government is preparing. This compilation will be a one-stop platform where companies looking for independent directors can meet those willing to serve.

This policy is good if implemented properly and in a time bound manner. Firstly, we would have independent directors who are well versed in corporate affairs. A well aware director would not let corporate irregularities to happen easily as is happening right now. Also if such an independent director is also liable for his/her acts or omissions, they would stop acting as a rubber stamp. So for all fresh independent directors, clearing the exam is a prerequisite before they can be appointed at the board of a company.

Secondly, once such qualified independent directors have cleared the exam and have acquired experience, they could register at the portal of Government. Once registered, they would not be required to clear the exam again and prospective companies can appoint them directly from the portal after complying with all the requirements. Maintaining such a database is a very productive exercise and it should be further refined with Techno Legal ideas from time to time.

The second decision pertains to screening of audit firms and companies that used doubtful audit practices to get defaulters loans that they otherwise were not entitled to get. Some of the audit firms have been suspended for facilitating big loan defaulters to get loan that ultimately resulted in big loss to many banks. However, mere suspension is not enough and if an audit firm is found guilty after proper inquiry, civil and criminal prosecutions should be initiated against the firm as well as the individual who was responsible for such unethical behaviour. CBI and SFIO should also investigate such audits and activities of such suspicious firms and banks too, wherever involved.

The TeleLaw Project of PTLB would be happy to extend its Techno Legal Service and expertise in this regard.

 

Technology And Digital India Are Useless Unless Govt And Authorities Actually Use Them Opines Praveen Dalal

Mere policies, howsoever good they may be, are of no use. Nothing can prove this better than the first term of BJP where it wasted entire 5 years on political rhetoric. These 5 years could have been used for the development of India but the priority of BJP was to force unconstitutional and Orwellian Aadhaar instead. As a results projects like Digital India and segments like startups, entrepreneurs, MSMEs, etc have literally collapsed.

Indian Government, whether at Central or State Level, is always proactive and enthusiastic at declaring technology related schemes. But these schemes are seldom implemented at ground level making them paper schemes only.

For instance, Indian Government launched satellited based monitoring system to curb illegal mining but such illegal mining is still happening. Similarly, Delhi Government decided to use remote sensing satellite technology to check and map unauthorised constructions and encroachments in the city. Again this initiative has made nil effect on illegal construction activities in Delhi. The fact is that love for illegal constructions is killing legal property business.

These are just few examples how mere policies and technology can never solve problem of illegal construction in India. Both Central and Delhi Government are not taking this issue seriously and there is nothing that technology or Digital India can do in these circumstances opines Praveen Dalal.

The latest victim of Government’s inability to possess qualified professionals at its disposal is the MSME’s segment. Officials at the Ministry of MSME are not comfortable with Digital India at all. We at PTLB Projects are creating a Techno Legal framework for MSMEs in India but officials at the Ministry of MSME are acting as a roadblock. They are so uncomfortable with the use of technology and Digital India that they are willing to neglect their duties. In the absence of any accountability and responsibility they are free from any sort of administrative and legal action.

So the second term of Narendra Modi Government is also going on similar lines where neither Government nor its officers are accountable and they can use the excuse of Aadhaar for non working.

Technology and Digital India are useless  unless Government, authorities and bureaucrats actually use them opines Praveen Dalal.

Forced Aadhaar Has Failed Digital India, Startups And Entrepreneurs In India Opines Praveen Dalal

During its earlier term (may 2014 to May 2019) and with lots of publicity and political rhetoric, BJP Government launched projects like Digital India, Startup India, Transforming India, Etc. But mere wish and rhetoric can never make any project successful and this also happened in case of these projects. We neither have political and bureaucratic will nor necessary techno legal expertise to make these projects successful. As a result all these projects have failed till June 2019.

But the biggest contributor for failure of almost all projects of BJP Government is forced imposition of unconstitutional Aadhaar upon Indians and unnecessary use of it for Digital India project opines Praveen Dalal. The latest example of this coercion and forced imposition of Aadhaar is the Ministry of MSME that is ignoring Digital India and forcing Aadhaar in clear violation of its own notification and Supreme Court’s Judgment.

Unfortunately, even startups and entrepreneurs have failed to take a bold decision and ignore Orwellian Aadhaar. They should have boycotted Aadhaar and should have launched projects that do not use Aadhaar.

We At PTLB have launched many techno legal projects and all of them are operating in a No Aadhaar Zone. We do not use either unconstitutional Aadhaar or any similar technology that violates civil liberties and Human Rights of masses. The latest to add to this list is the TeleLaw Project of PTLB that is ensuring Digital Empowerment, Access to Justice (A2J) and Justice for All in a timely and affordable manner.

Obviously Government has no interest in supporting projects that empower Indians and protect their Civil Liberties and Human Rights. Political parties like Congress, BJP, etc would always support startups and entrepreneurs who launch products and services that affiliate surveillance and mass control. that is why we do not have even a single startup or entrepreneur who is successful in India without Aadhaar.

If Indian startups and entrepreneurs keep on using Aadhaar and Government sponsored technologies, they would fail. Instead use fair and legal technologies and do not expect any help from our Government. Just keep on working on your dream projects and after securing proper intellectual property rights, seek funding from Indian and foreign angle investors opines Praveen Dalal.

So forced Aadhaar has failed Digital India, Startups and Entrepreneurs in India and now Government is killing MSMEs too opines Praveen Dalal.

The Bottom To Up Model Of PTLB For MSMEs Empowerment In India

There are two approaches to any problem and they are from top to bottom or from bottom to top. One approach may be appropriate for one aspect whereas another one may be more suitable for a particular purpose. We at PTLB Projects have been talking about a specific issue and area in this articles and for that purpose we have been using bottom to up model.

We are talking about Micro, Small and Medium Enterprises (MSMEs) of India. MSMEs play an important role in employment generation and helping the Indian economy to grow. None can ignore their role in current and future India. However, like all other sectors MSMEs have their own share of problems. These problems pertain to legal awareness and compliance, non availability of banking channels, non availability of easy and affordable loans, regulatory compliance, etc.

So let us start from the beginning and see how MSMEs in India can help India becoming a great nation. We are also documenting how PTLB Projects is working at the ground level to help MSMEs, Startups, Entrepreneurs, etc at national and international levels using its “Bottom to Up Model”.

(1) Entity Selection: To begin with almost all businesses or entrepreneurship start as a micro unit. If a business has finance in hand it may start as small unit entity. Nevertheless, the first step is to decide what type of entity a business withes to enact. It may be a proprietorship, partnership or company and the choice is entirely upon the concerned person. Most are proprietorship initially as it requires minimum compliance and formalities. PTLB has launched a TeleLaw Project that is providing affordable Techno Legal services to MSMEs and others. The best part is that TeleLaw Project is providing “Techno Legal Services” where complicated legal issues involving technology are also managed. We can help you in selection of appropriate entity structure.

(2) MSME Certificate Application: Once the business entity has been established, the next step is to apply for MSME certificate at the official website of Udyog Aadhaar. Ministry of MSME has launched an online facility where the online form can be filed easily. Once the form is filed, a number is generated for reference purposes and the MSME certificate is sent at the registered e-mail id of the applicant.

(3) Cyber Crimes And Frauds: There are some people who are trying to cheat innocent people applying for MSME certificate. Please note that the Ministry of MSME has not authorised any person or company to be its partner, representative or associate to file or accept MSME application. Also Ministry of MSME does not charge any fee for issuing the MSME certificate. So stay away from such cheats and file your applications on the official website of Udyog Aadhaar only.

(4) Cyber Crimes Investigation: Our Techno Legal Centre Of Excellence For Cyber Crimes Investigation In India (TLCOECCII) investigated few misleading and fraud websites and found them charging money from people when nothing is required to be paid. If you need any assistance regarding/against such websites, you may contact TeleLaw Project of PTLB and we would help you free of cost.

(5) Amendments And Changes: You can also change details of your Udyog Aadhaar with a simple online process. The entire process is very easy and user friendly. If you need any help in this regard you may contact TeleLaw Project.

(6) Offline Applications: As per the Notification (Pdf) issued by Ministry of MSME, in case an applicant or the authorised signatory does not have Aadhaar number or in cases where online filing is not possible for any reason, a hard copy of the duly filled Form (Pdf) shall be submitted to the concerned District Industries Center (DIC) or to the Office of the Micro, Small and Medium Enterprise-Development Institute (MSME-DI) under the Development Commissioner, MSME along with any one of the specified documents like voter ID Card, passport, driving license, PAN card, etc as alternative and viable means of identification. Such application would be processed and filed by the DIC/MSME-DI on behalf of the applicant and the MSME certificate would be issued.

(7) Digital Empowerment And E-Delivery: This is the point where PTLB Projects has introduced a Techno Legal mechanism as part of its bottom to up model. Till now the Ministry of MSME has not introduced a mechanism where Digital India and modes like e-mail can be used for sending “Offline Applications” or applications that cannot be filed through the online portal. We have send one such MSME application using e-mail and are waiting for the response from the Ministry of MSME. We would update our readers about this mechanism and model that we intend to develop further.

We are in talk with other stakeholders involved in the MSME ecosystem and would update this article and add more articles so that MSMEs can be benefited from our efforts.

(1) Update I (10-06-2019): Today we sent another e-mail reminder to the Ministry of MSME and its officers. Around 16.45 PM, we received a call from Shri. Vijay Kumar, Director of MSME Development Institute, Delhi, as he was also marked in the e-mail.

He tried to explain why Aadhaar is required and why the software would not accept the application without the Aadhaar number. When we asked him to give us this in writing, he said that the matter is already before the Ministry of MSME as they received the e-mail too and the Ministry would take the call. He also said this is a Government Policy and they have to comply with it and all MSME certificate applicants have given Aadhaar to get the certificate. Basically his point was if everybody is doing something, we should also do so blindly to which we politely refused.

He did not say anything why more authentic documents like DL, PAN, etc and all details filed in an electronic form are not enough. All he said was that this is a Govt Policy and the Ministry of MSME has to take the call now. So the issue is between us and Ministry of MSME now.

He said Aadhaar is a valid identity document to which we explained that Aadhaar is neither an identity document nor a proof of address. It is used because Government is imposing it illegally. We also explained why DL, PAN, etc are authentic and MSME cannot reject them due to its own Notification and Judgment of Supreme Court. To this he said that must be some old Judgment and we assured him that we are talking about the Constitution Bench Judgment of Supreme Court. Finally he said this is a legal issue and the Ministry of MSME would take the call.

So Aadhaar has proved the first obstacle for Ease of Doing Business and Digital India Project of Indian Government. We have been maintaining for long that forced Aadhaar has failed Digital India, Startups and Entrepreneurs in India and this episode proves the same. Now we are waiting for the response of Ministry of MSME and would update our readers once a response is received.

(2) Update II (11-06-2019): Today we sent another e-mail to officials of Ministry of MSME. As Shri. Vijay Kumar, Director, MSME-Development Institute, Okhla, New Delhi, has informed us yesterday (i.e. 10-06-2019) that it is for the Ministry of MSME to take the call now, we have excluded his e-mail id from the loop. Now the officials at Ministry of MSME have to accept the application and the same must be done today itself as the time to issue MSME certificate is 1 day.

(3) Update III (13-06-2019):  There is a major governance problem in Modi Government. It was there during the previous term (2014-19) and it is still there. Due to anti transparency policy of Modi Government, Grievance Portals have been made redundant, RTI has been diluted and official at various Ministries are not fulfilling their responsibilities.

As a result, TeleLaw Project of PTLB filed an RTI Application (Pdf) today before the Ministry of MSME. TeleLaw Project would ensure Digital Empowerment of Indians and we would leave no stone unturned if Modi Government keeps on stone walling genuine queries and continue with its illegal drive to force Aadhaar.

(4) Update IV (18-06-2019):  Filing of RTI Application has forced the Ministry of MSME to reply back to our e-mails. However, as expected they are taking excuses of Aadhaar and paper filing, that are both illegal as per the Judgment of Constitution Bench of Supreme Court and Information Technology Act, 2000 (IT Act 2000) respectively. We have categorically informed them about the illegality of their actions and fallacies of their demands. If the Ministry of MSME still persists in its bad governance and insistence on Aadhaar and paper documents, we would file another RTI about these aspects as well. Meanwhile, we have explored other options too at the Government level and would update our readers about the same once we receive any information in this regard.

(5) Update V (19-06-2019): As the Ministry of MSME is not cooperating and is acting against the interests of MSMEs and startups, we approached the Prime Minister’s Office (PMO) on 18-06-2019. We discussed “Contempt Of Court And Digital India Non Compliance By Ministry Of MSME” (Pdf) with the PMO. Today we contacted Shri Ambuj Sharma, Under Secretary (Public), PMO, in this regard with all documents and communications. Now the entire chain of event is available to PMO as well and we hope the PMO would stop this blatant contempt of Supreme Court and open disregard of Digital India and New India model of PTLB Projects.

(6) Update VI (21-06-2019): Today the Contempt of Court and violation of provisions of IT Act 2000 by Ministry of MSME has been escalated to next levels. We would update our readers about the same and its outcome soon.

(7) Update VII (28-06-2019): Today we received an online response from Shri. Satish Kumar, US (Estt.A.III) of Department of Personnel and Training (DoPT) for the RTI Application made by us and allotted to multiple CPIOs of DoPT.

The response has been provided within a period of 7 days as the RTI Application was made by us on 21-06-2019. This is a positive development and we at PTLB Projects welcome and appreciate this swift action of Shri. Satish Kumar.

We asked for the relevant provisions of the service rules or other laws/rules where a secretary or/and head of a department can be “punished for non performance” or where “disciplinary actions or administrative actions” can be initiated against them for neglecting their “official duties”. Our RTI Application also covered their liability for other civil and criminal wrongs as well.

Shri. Satish Kumar informed us that violation of any of the provisions of CCS (Conduct) Rules, 1964 may attract disciplinary action under Rule 14 or 16 of CCS (CCA) Rules, 1965 and penalties may be imposed under Rule 11 of CCS (CCA) Rules. He clarified that Rule 12 of the CCS (CCA) Rules, 1965 prescribes the “concerned authority” who can take “disciplinary action or administrative action” against guilty officials and bureaucrats.

He also informed that our application has also been marked to other concerned CPIOs of this Department for providing information directly to us. We have to wait for the response of other CPIOs as well before we take the biggest step in the history of India to bring transparency and accountability of government officials and bureaucrats.

(8) Update VIII (01-07-2019): Today we filed a RTI Application before the Prime Minister’s Office (PMO) regarding establishing transparency and accountability among Government Departments and Ministries. We also sought information about the Government’s pet project Digital India so that its actual implementation and truth can be revealed.

(9) Update IX (02-07-2019): Yesterday we filed a RTI Application at PMO as the grievance officer was sitting upon our grievance. Today the grievance officer has forwarded our grievance to the head of the department at Ministry of MSME. We are committed to bring digital governance, Digital India, e-delivery and Good Governance in all Govt Departments and Ministries in India.

Access To Justice (A2J) Project Of PTLB Invites Funding Proposals

Access to Justice (A2J) is a core Human Right that is not given much importance world over, including India. A2J can be ensured if a nation is providing timely, cost effective and diverse legal and judicial services to its citizens.

In a traditional set up and environment this means every individual has a fair chance to approach law enforcement agencies and courts and get justice from them. However, practically this is not happening. Forget about justice, marginalised segment, farmers, poor people, etc are not even aware what there legal rights are. Even if they are somehow able to approach a lawyer and court, the exorbitant costs are deterrent enough. Some brave hearts have mortgaged/sold their properties to fight a legal case in India but then our courts failed them.

For instance, if a court case takes more than 20 years to be decided at the lower court level, where is the justice in this situation? On top of it Indian Government has not formulated pro poor policies. All that Indian Government, whether BJP or Congress, has been doing is using political rhetoric to deny A2J. Even if private initiatives are started to cover the A2J gap, they are never encouraged and in the absence of adequate support from Government, they gradually die.

In India we have neither a suitable legal policy nor a conducive environment to encourage startups and entrepreneurs. Funding for startups and entrepreneurs is a rare luxury in India and funds are only available for big companies and crony capitalists. Surprisingly, a genuine and hard working startup has to keep on trying for years for funding and big companies are given loans without even due diligence.

Another cause of concern is the poor policies and conditions of SMEs in India. Although on paper there are many schemes to encourage and support SMEs yet in reality they are not at all effective. Indian Government has no idea what is happening at the ground level and it has created so many bureaucratic hurdles that getting funding from banks or Government is next to impossible. So SMEs are not doing what they were supposed to do i.e. create employment and generate wealth for India.

Take the example of BJP Government that recently declared that it would bring far reaching reforms in the first 100 days of its second term. It has been 10 days and all that BJP and its ministers have achieved is press releases, conferences, foreign meetings, praising political rhetoric, etc. Not even a single project has been implemented in these 10 days and with this intention nothing would happen in the remain initial 90 days too. The 100 days agenda of Narendra Modi Government has already started collapsing as opined by Praveen Dalal.

Farmers and small traders have already been ditched in the first 100 days and now it is the turn of SMEs, startups, entrepreneurs, etc. We at PTLB Corporation believe that the correct approach should be “Bottom to Up” and not “Up to Bottom”. We At PTLB have been following the bottom to up approach where interests of poor, marginalised segments, farmers, small traders, middle class Indians, etc are considered first. But Indian Government, whether BJP or Congress, believes that rich and crony capitalists should be served on priority even if that means exclusion of the people living at the bottom.

A major tool to exploit Indian poor and marginalised segments and to make the rich further rich is Aadhaar. Indian Government is using the excuse of Aadhaar to deny social rights of Indians as granted by Indian Constitution. Many Indians died due to unconstitutional and illegal policies like demonetisation and technology like Aadhaar. The Ministry of MSME and its Minister Shri. Nitin Gadkari are using the facade of Aadhaar to deny MSME certificates to those who believe in Human Rights and Civil Liberties. And do not forget that even after complying with all these cumbersome exercise, there is no guarantee that MSME/SMEs would be supported by banks, financial institutions and Government.

So the position is grim so far and may be something positive can happen subsequently. But for last 5 years BJP Government failed to work upon economic development issues and openly admitted that its pre poll promises were lies. Only time would tell whether these lies would continue for another 5 years or BJP would transform India into a “New India”. But we at PTLB cannot wait for another 5 years to ensure A2J and empowerment of people in India, especially when the Government’s grievance system has collapsed, right to information (RTI) has been diluted and courts are not taking cognizance of anti national policies and decisions of Indian Government.

So we launched PTLB Projects so that India can be a “Global Leader in Techno Legal Fields”. Our aim is to work in collaboration with national and international stakeholders, including Indian Government. The latest Techno Legal Project of PTLB is TeleLaw Project of PTLB that is a game changer in every sense. But we need funding to make it a global project and with this objective in mind we have written this post. We have also launched a Blog in this regard that is carrying all possible details about the TeleLaw Project of PTLB.

The TeleLaw Project has been launched in May 2019 and is a startup in nature. So its potential can be analysed keeping in mind its potential future worth rather than its earning capacity in the past one month. Any person or company that is interested in funding this project is requested to keep in mind the startup status and initial development stage of the same.

We welcome all funding stakeholders to go through our TeleLaw Project and if they find it useful, we would be happy to have them as our partner for this Human Rights Project.

Let us create a “Human Rights Ecosystem” where Access to Justice (A2J) is the norm and not exception. We look forward to your esteemed collaboration and partnership.

Qualified Professionals With Absolute Professionalism Are Needed In Modi Government

Startups had very much hope from Modi Government in its first term but Modi Government failed to deliver during the first term. Now people of India have given him a second chance and there are very high hopes among the masses from Modi Government this time. They are closely watching the development agenda of Government for first 100 days. However, with passage of every day, their anxiety and desperation is increasing further. And they are justified in that behaviour too because the past 5 years of Modi Government were not utilised for economic development of India at all. So they are thinking will the present 5 years would be wasted too?

Startups and entrepreneurs hold the key to problems like unemployment, failing and dying agriculture sector, constant and poor economic growth of India, etc. But they need to be supported by Modi Government too otherwise they cannot help in nation building. Help here means actual and practical financial and regulatory help and not just political rhetoric and false promises. Startups have been complaining about lack of funds for their growth and expansion. In the previous term of Modi Government a meager sum of Rs. 24,000 thousand (Twenty Four Thousand) was given on an average to a common and small startup. Obviously most of the startups died even before they could have taken off.

However, there is a bigger issue that has not been discussed by startups so far that would jeopardise the entire startup culture of India. The issue pertains to lack of expertise and professionalism among the Government projects like Startup India. Take the example of a simple aspect of modification of details in a profile. How much time could it takes to do so? Maximum one day or two but Startup India is taking more than a month to do so. Either there is a drastic shortage of staff at Startup India and all resources are deployed at startup registration and related services or the Startup India project lacks expertise and professionalism to handle public queries. Either way this reflects poorly upon the claims of Indian Government of Ease of Doing Business and encouraging startup culture in India. How could a startup work if the portal takes one month to complete the simple registration process?

If you think this is a problem of startup India portal alone then you are wrong. Take the example of MeitY Startup Hub (MSH). Yesterday I tried to register at the portal after reading a glorifying tweet about it at Twitter. The registration process was completed in every possible aspect, including the use of OTP sent to the mobile for registration purposes. But at the final stage the page of registration was missing from the server. There were many more errors in the website that we duly reported to MeitY. Today the registration process itself has been deactivated though the page for the same is still there.

There is pressure everywhere to perform in the first 100 days and we at PTLB Projects do not want to increase it further. But we have expressed our intention to extend our Techno Legal expertise to Startup India, MeitY, etc on multiple occasions. If Indian Government can manage everything itself that is a fantastic news. But if it needs a helping hand there is nothing to be ashamed of to seek the help of those who are in a position to help. But if Indian Government is neither managing things itself nor taking help of public spirited individuals and organisations, we are heading for another policy failure soon.

This topic was not on the list of TeleLaw Project but then we realised that if their is a policy failure and complete breakdown of the service providing network, Indian economic growth would further plunge. Our aim is not to criticise Indian Government and its efforts to boost Indian economy. Our aim is definitely not to criticise Indian Government without offering a solution for the problems we are criticising. We are part of the solution and not problem but then Government must have the attitude and intention to involve institutions like PTLB Projects for nation building.

So if Modi Government really wishes to do some good work in the first 100 days and in its 5 year term, it must collaborate with Techno Legal professionals.

Qualified Professionals with absolute Professionalism are urgently needed in Modi Government.