What are Human Rights?

Chandigarh, (NRILG) - Originally, people had rights only because of their membership in a group, such as a family. Then, in 539 B.C., Cyrus the Great, after conquering the city of Babylon, did something totally unexpected he freed all slaves to return home. Moreover, he declared people should choose their own religion. The Cyrus Cylinder, a clay table containing his statements, is the first human rights declaration in history. The idea of human rights spread quickly to India, Greece and eventually Rome. In India - the Fundamental Rights are not Human Rights.

The most important advances in the development of Human Rights since then have included:

1215: The Magna Carta — gave people new rights and made the king subject to the law.

1628: The Petition of Right — set out the rights of the people.

1628: The Petition of Right — set out the rights of the people.

1776: The United States Declaration of Independence — proclaimed the right to life, liberty and the pursuit of happiness.

1789: The Declaration of the Rights of Man and of the Citizen — adocument of France, stating that all citizens are equal under the law.

1948: The Universal Declaration of Human Rights —the first document listing the 30 rights to which everyone is entitled.They are

We Are All Born Free and Equal
Don’t Discriminate
The Right to Life
No Slavery
No Torture
You Have Rights No Matter Where You Go
We’re All Equal before the Law
Your Human Rights Are Protected by Law
No Unfair Detainment
The Right to Trial
We’re Always Innocent Till Proven Guilty
The Right to Privacy
Freedom to Move
The Right to Seek a Safe Place to Live
Right to a Nationality
Marriage and Family
The Right to Your Own Things
Freedom of Thought
Freedom of Expression

HUMAN RIGHTS  VIOLATIONS

Human rights advocates agree that, sixty years after its issue, the Universal Declaration of Human Rights is still more a dream than reality. Violations exist in every part of the world. For example, Amnesty International’s 2009 World Report and other sources show that individuals are:

• Tortured or abused in at least 81 countries
• Face unfair trials in at least 54 countries
• Restricted in their freedom of expression in at least 77 countries

Not only that, but women and children in particular are marginalized in numerous ways, the press is not free in many countries, and dissenters are silenced, too often permanently. While some gains have been made over the course of the last six decades, human rights violations still plague the world today.

To help inform you of the true situation throughout the world, this section provides examples of violations of six Articles of the Universal Declaration of Human Rights (UDHR):-

ARTICLE 3 — THE RIGHT TO LIVE FREE

“Everyone has the right to life, liberty and security of person.”

An estimated 6,500 people were killed in 2007 in armed conflict in Afghanistan—nearly half being noncombatant civilian deaths at the hands of insurgents. Hundreds of civilians were also killed in suicide attacks by armed groups.

In Brazil in 2007, according to official figures, police killed at least 1,260 individuals—the highest total to date. All incidents were officially labeled “acts of resistance” and received little or no investigation.

In Uganda, 1,500 people die each week in the internally displaced person camps. According to the World Health Organization, 500,000 have died in these camps.

Vietnamese authorities forced at least 75,000 drug addicts and prostitutes into 71 overpopulated “rehab” camps, labeling the detainees at “high risk” of contracting HIV/AIDS but providing no treatment.

What are Human Rights in India?

Though UN had declared 30 Articles as Human Rights, due to the Supremacy of the Indian Constitution, the Indian Government had enacted the Protection of Human Rights Act in 1993. According to the aforesaid act the Human Rights in India is the Rights related to the life, liberty, equality and dignity guaranteed under the Indian Constitution + 30 articles of UN enforceable in the courts of India.Human Rights can be enforced only against the matters under the Schedule 7- List II and III of the Indian Constitution. Hence, the Fundamental Rights in India are different from Human Rights.

More than 1,500 Canadians detained abroad in foreign prisons

                                        John Greyson, right, and Tarek Loubani 

MONTREAL - For nearly two months all eyes were turned to John Greyson and Tarek Loubani, the Canadian activists held in an Egyptian prison before being allowed to return to Canada.

Two other detained Canadians, Greenpeace activists Alexandre Paul and Paul Ruzycki, have also been in the headlines as they remain held in a Russian prison and could face a lengthy prison sentence on piracy charges.

But there are other Canadians detained abroad who don't have such a network of supporters, and fail to capture similar public attention.

Overall, 1,590 Canadians are in prison outside the country, according to figures provided by Canada's Foreign Affairs department, accurate to Oct. 10.

The bulk of them — 1,097 — are behind bars in the United States. The rest are in prisons in more than 85 other countries.

Foreign Affairs wouldn't provide a breakdown on the circumstances or duration of detention, nor how many cases the government is actively contesting.

But human-rights groups continue to monitor a number of cases where they believe Canadians are being wrongly detained or have been the victim of human-rights violations.

Often, it can take years to bring a Canadian back home.

Earlier this month, Hamid Ghassemi-Shall was finally able to return to Canada after 64 months in an Iranian prison, including a year in solitary confinement.

Ghassemi-Shall emigrated to Toronto, where he working as a shoe salesman, following Iran’s 1979 revolution. He was arrested on espionage charges while visiting his ailing mother in 2008, and faced the death penalty.

International pressure, including a stream of letters from supporters to the Iranian government, may have been a factor in helping to keep him alive, according to Amnesty International Canada.

Each case "has a delicate strategy depending on the circumstances of the case," said John Tackaberry, a spokesman for the human rights group.

That can mean a public-relations blitz or, alternatively, working quietly behind the scenes.

Most cases don't get nearly as much attention as Greyson and Loubani did, Tackaberry said.

Foreign Affairs Minister John Baird took an active role in the weeks leading up to their release, saying at one point that "Canadians have got to know that their government at the highest levels is doing absolutely everything it can."

"They had a very well-orchestrated social media campaign and a petition with 150,000 signatures," Tackaberry said. Similar cases, meanwhile, can sometimes fail to resonate with the public, he said.

"It has been difficult, in terms of raising public awareness of the issue, getting some coverage of the issues, putting some pressure on behind the scenes, or encouraging the government to get involved."

Foreign Affairs spokeswoman Claude Rochon said the federal government tries, in every case, to ensure Canadians receive fair treatment under the local criminal-justice system.

But she stressed that the government cannot "seek preferential treatment for you or try to exempt you from the due process of local law."

Often, there's not much more the federal government can offer in terms of assistance, according to one former Canadian diplomat.

"All the Canadian government can do is ensure that the person in prison gets fair treatment under the laws of the country where they are," said Eric Morse, now with the Royal Canadian Military Institute.

"Anything else is strictly informal."

Many of the arrests involve drug-related charges, Morse said, and the arrested are often in shock at the situation they find themselves in.

In an effort to dissuade others, the federal government has a collection of wrenching testimonials on its travel-advisory website from Canadians caught trying to smuggle drugs overseas.

Horror stories abound.

One man, who was sentenced to 15 years in a Cuban jail for importing marijuana, says the water was "milky colour and it made me really ill."

A woman who spent a year in a Jamaican prison for trafficking heroin described living in cramped quarters without running water where, as a foreigner, "inmates were constantly trying to pick fights with me."

In cases where Canadians are thought to be unfairly detained, the situation can be made much more difficult when Canada no longer has a diplomatic presence in the country, as in the case of Iran.

Other times, detaining a foreign national can be used to make a broader point at home. Morse suspects that's the case in Russia, where the Greenpeace activists remain behind bars.

Canadians, Greenpeace activists Alexandre Paul and Paul Ruzycki, have also been in the headlines as they remain held in a Russian prison and could face a lengthy prison sentence on piracy charges.

In a letter released by Greenpeace this week, Paul described the loneliness of being held in a cold cell with another inmate who doesn't speak any English.

Several of the 30 people arrested, including the captain, have already been denied bail.

Alberta, Sask. to reap biggest increases in workers’ pay next year

EDMONTON – A report from the Conference Board of Canada suggests it’s better to be a rig pig on the Prairies than a health-care worker in Ontario from a labour perspective.

The board’s forecast released Tuesday says workers in Alberta and Saskatchewan will fare the best in wage increases next year largely due to a shortage of qualified employees in the energy sector.

“The divide between East and West persists. Frenzied resource development and near-bottom unemployment rates mean that Alberta and Saskatchewan are again expecting to offer the highest pay increases next year,” said Ian Cullwick, vice-president of leadership and human resources research.

The report projects average increases of 3.7 per cent in Alberta and Saskatchewan. The lowest average increases are expected in the Atlantic provinces at 2.5 per cent and Ontario at 2.6 per cent.

The Canadian average for non-unionized workers is anticipated at 2.9 per cent in 2014.

The information is based on the responses of 411 employers across the country to a survey conducted between June and August.

The key is the availability of qualified workers in each region, said Cullwick. The findings also reflect that the industry with the highest average increases is predicted to be the oil and gas sector at 4.1 per cent. The health sector is forecast to have the lowest average increases at 1.8 per cent.

“Oil and gas lead the pack,” said Cullwick. “On the flip side, just to put some contrast to this, health care … is a tough industry sector. There’s a lot of restructuring going on across the country and the economics are indeed challenged.

“The cost of health care has gone up. If you look at health care authorities, I would argue they’re putting the money into patient care, equipment and facilities and they just don’t have much left over (for salaries).”

Cullwick said overall Canada’s economy is in relatively good shape, but growth has been sluggish and organizations will be looking at ways of keeping costs down.

Glen Hodgson, chief economist at the conference board, blames a drop in economic growth in Canada this year on the fiscal debt crisis and government shutdown in Washington, D.C.

Canada is affected by what he calls the “fiscal follies” south of the border, but he does expect the economy to rebound to about 2.4 per cent growth in 2014.

Hodgson said once again Alberta and Saskatchewan should lead the way with a growth rate of three per cent.

“The unemployment rate in both provinces is at 4.7 per cent and that is below full employment. You’re getting really tight labour markets and that leads to the wage pressure,” he said.

“That’s going to be an ongoing trend and you’re going to see tight labour markets on an ongoing basis.”

Big U.S. tax changes for Canadian snowbirds

NRI Law Group Canada: Big U.S. tax changes for Canadian snowbirds: What Snowbirds need to know about U.S. taxes Edmonton - According to Wikipedia   A  snowbird  is someone from the  U.S. Northeast ,  U...

Big U.S. tax changes for Canadian snowbirds

What Snowbirds need to know about U.S. taxes

Edmonton - According to Wikipedia  A snowbird is someone from the U.S. Northeast, U.S. Midwest, Pacific Northwest, or Canada who spends a large portion of winter in warmer locales such as California, Arizona, Florida, Texas,the Carolinas, or elsewhere along the Sun Belt region of the southern and southwest United States, Mexico, and areas of the Caribbean.

With the weather getting colder, now’s the time for Canadian snowbirds to start preparing to head south of the border for the winter. They need to bring with them a keen awareness of all the potential tax hits they might face.

For starters, proposed legislation in the U.S. could have serious tax consequences for Canadian visitors. Under the current rules, those who spend more than 182 days out of 365 days in the calendar year, or more than 120 days per year on average over a three-year period, may be considered a U.S. resident for tax purposes.

The new JOLT Act, (Jobs Originated through Launching Travel), would allow Canadian retirees to spend up to 240 days each year in the U.S. without a visa. But snowbirds who spend that long in the U.S. may be required to pay U.S. income and estate taxes.

To avoid U.S. taxation, IRS form 8840 (Closer Connection Exemption Statement for Aliens) needs to be filed annually with the U.S. Internal Revenue Service. Not filing it could result in a US$10,000 fine.

There are several other possible tax implications.

Those with a bank account in the U.S. need to know that interest earned on deposits could be subject to taxation. They should complete IRS form W8-BEN (Certificate of Foreign Status) with the U.S. financial institution to avoid possibly having 30 per cent of any interest earned withheld and sent to the IRS.

Tax considerations come into play if you own property in the States, too. If you sell, a withholding tax of 10 per cent of the gross sales price is normally payable under the Foreign Investment in Real Property Tax Act.

A government regulation stipulates that, if you own an American property when you die and your worldwide assets are worth more than US$2million, that property is subject to a 45-per cent estate tax.

“It is entirely possible they [the U.S. government] will also charge beneficiaries of the property a gifting fee,” Laing says. “So owing a U.S. property technically can expose your entire worldwide estate to the U.S. government. That’s shocking to most people.”

One solution to U.S. estate tax is to hold real estate in a Canadian corporation rather than personally, according to the American Chamber of Commerce in Canada (AmCham). Because shares of a Canadian corporation are not considered property within the U.S, no U.S. estate tax will apply.

Another way to reduce exposure to the U.S. estate tax is split interest ownership of the property. According to AmCham, an individual would acquire a life interest in American property under such an arrangement, and his or her children would acquire the remainder interest in the property. Upon the death of the individual, there would be no estate tax on the life interest.

You need to be careful if you want to gift your property to a Canadian relative, says Douglas Gray, president of Canadian Enterprise Development Group Inc. and author of the Canadian Snowbird Guide Everything You Need to Know about Living Part-Time in the USA and Mexico.

“Gifting to Canadian relative is very complex in terms of strategy,” Gray says. “You want to be aware of Canadian and U.S. [tax] impacts so you don’t get a multiple hit.

If you own a place and plan on renting it out, that comes with a big tax hit as well.

“You either need to forgo an immediate 30 per cent withholding tax on all gross revenue and/or you have to have U.S. social security number and file a U.S. tax return,” says Jolene Laing, associate director of global wealth management at ScotiaMcLeod in White Rock, B.C. “That’s one step most people don’t think about.”

Furthermore, in some states—particularly hot ones that Canadians snowbird to—property taxes are significantly higher for those who aren’t permanent residents.

What it all comes down to is knowing the facts to avoid getting fleeced.

“A lot of Canadians who are savvy get tax advice from a U.S. lawyer and a U.S. financial planner, people who are experts in cross-border taxes,” Gray says. “If you don’t structure things properly, you could end up having to pay tax in both countries. There are U.S. and Canadian federal taxes and state taxes. Everything is in the fine print.”

From more info visit: http://www.snowbirds.org/home

Business opportunities in India for Overseas Indians

At the State/ Union Territory (UT) level, there are Department of Industries and/or Industrial Development Corporation or related agencies which deals with various facets of industrial development and investment scenario in respective States/ UTs. They provide vital guidelines to the investors worldwide regarding the business opportunities in the States, availability of financial assistance for new entrepreneurs, etc. They are actively involved in undertaking several promotional activities so as to attract overseas Indians, that is, Non-Resident Indians (NRIs) and Persons of Indian Origin (PIOs), into the States/ UTs in terms of investments, setting up industrial units, etc. Some of such Departments or agencies include:-

• Department of Industries, Andhra Pradesh
• Andhra Pradesh Industrial Development Corporation
• Industry Department, Bihar
• Department of Industries, Delhi
• Industry Department, Gujarat
• Industrial Extension Bureau (iNDEXTb), Gujarat
• Directorate of Industries and Commerce, Karnataka
• Karnataka State Industrial Investment & Development Corporation Ltd. (KSIIDC)
• Industries Department, Kerala
• Department of Industries, Odisha
• Industry and Investment in Punjab
• Industries Department, Rajasthan
• Rajasthan State Industrial Development & Investment Corporation Ltd. (RIICO)
• Commerce and Industries Department, Sikkim
• Industrial Development Department, Uttar Pradesh
• Uttar Pradesh State Industrial Development Corporation
• Maharashtra Industrial Development Corporation
• Chhattisgarh State Industrial Development Corporation Limited (CSIDC)
• Pudhucherry Industrial Promotion Development and Investment Corporation Ltd. (PIPDIC), etc.

State-wise initiatives taken at Organisational set up level for some of the States:-

1. Gujarat - There is a NRI Division set up by the Government of Gujarat with a view to establish effective communication with Non Resident Indians of Gujarati origin in various parts of the world. The main objectives of the Division are to:- 

• prepare and maintain a comprehensive database about NRIs of Gujarati origin.
• study from time to time social and cultural issues of NRI of Gujarati origin and take steps to formulate schemes for meeting their requirements.
• take effective steps to survey and assess the technical and professional skills of NRIs and to dovetail the same in the developmental efforts of the State.
• create a database on Non Resident Gujaratis (NRGs), highlighting the professional areas of interest.
• enable Government of Gujarat and its agencies to communicate with NRGs with relevant interest.
• facilitate Government of Gujarat to initiate steps to address the specific needs of NRGs in different fields.
• tap the technological, managerial and financial resources of the NRI so as to upgrade the technical and professional skills and the human resources of the State, for the economic and industrial development of the State.
• channelise the savings and surplus financial resources of the NRIs in to the developmental efforts of the State for mutual benefits.
• monitor the general welfare of the NRI and, in times of crisis, identify specific problems of Gujarati Non Resident Indians groups and take up the same with and through Government of India.

In order to facilitate the achievement of above objectives, the Government have in addition set up the 'Gujarat State Non-Resident Gujaratis' Foundation (NRGF)'.

2. Madhya Pradesh - In the State, there is a separate Centre called Madhya Pradesh Facilitation Centre for NRIs which has been set up to:-

• facilitate NRIs to redress their personal and business issues related with Government of Madhya Pradesh.
• provide information to NRIs about investment opportunities in Madhya Pradesh.
• prepare the database of NRIs of Madhya Pradesh origin and/or NRIs interested in Madhya Pradesh. 
• act as one point contact with Government of Madhya Pradesh.
• organize seminars, workshops, fairs and exhibitions.
• help NRIs in planning their investments and exploring business opportunities.

3. Uttar Pradesh - In the State, the 'Udyog Bandhu' (Friend of Industry) was set up as coordination agency between entrepreneurs and Government with a view to facilitate congenial environment for progressive industrial development in U.P. It aimed to encourage entrepreneurs and function as a one-stop source of information on availability of basic requirements like land, power, finance and other applicable incentives. Over the years, it became independent body and has been functioning as catalyst for investment promotion as well. It is facilitating investment in industrial and service sectors related to different Government departments as well as solving various problems of existing and up-coming industries. It has also been carrying out greater responsibilities encompassing its role for industrial promotion, assisting Government in policy formulation, getting studies conducted regarding investment promotion, etc. That is, it has emerged as the major interaction centre for entrepreneurs and has been organizing high level conferences on industry related issues.

There is a NRI Cell in the U.P. which has been created to offer single window facility to all NRIs and PIOs of the State. Udyog Bandhu is a nodal agency for the NRI cell. This cell is exclusively dedicated to deal with all the matters relating to Overseas Indians with a view to effectively redressing their grievances as well as to play a proactive role in engaging them and providing escort services to invest in mutually beneficial projects of the State, by constantly networking with NRIs/ PIOs/ their associations abroad. This cell acts as a bridge between the State and NRIs abroad for enhancing cooperation in the development of infrastructure, education and health sector as well as investment in industry, promotion of traditional crafts enterprise and other areas of mutual interest.

4. Kerala - The Non Resident Keralites Affairs Department (NORKA) was set up by the Government of Kerala in 1996, in order to ensure the welfare of the Non Resident Keralites (NRKs), redress their grievances and safeguard their rights. Since then, NORKA has been playing a vital role in the lives of NRKs, supporting them in times of need and lending them a helping hand in every possible means. The major issues dealt by NORKA are:- assistance to stranded Keralites; complaints on non receipt of salary, accommodation etc.; assistance in bringing the mortal remains of NRKs to Kerala, subject to certain conditions; complaints on illegal overseas recruitment agencies; enquiries on investment opportunities in Kerala; enquiries on Pravasi Suraksha Kudumba Arogya Scheme; problems faced by the NRKs in State Government Departments; etc. The latest addition to NORKA's activities is the Non Resident Keralite's Welfare Agency (NORKWA), whose activities include:- introduction of a pension fund for NRKs; rehabilitation of NRK returnees; etc. 

Further, Norka-Roots is the field agency of the Department of NORKA, set up in 2002. It acts as an interface between the Non-Resident Keralites and the Government of Kerala and a forum for addressing the NRKs’ problems, safeguarding their rights and rehabilitating the returnees. Its major activities are:-

• Welfare of NRK's 
• Heritage village for parents of NRK's
• Promotion of regional development with the active participation of NRK's
• Social Security Network for NRK's
• Relief fund for rendering immediate assistance to NRK's in need
• Organization of annual meets for NRK's
• Resettlement and reintegration of NRKs returning to Kerala
• Employment mapping
• Facilitate the creation of a high calibre human resource pool
• Data Bank of NRK's
• Channelising investments to the State

5. Karnataka - 'Karnataka Udyog Mitra' has been constituted under the aegis of the Commerce and Industries Department, Government of Karnataka, with a view to promote and facilitate investments as well as assist investors. It is a 'single contact point' for all investors who are looking at setting up businesses in Karnataka. As the nodal agency, its role is to facilitate investments and execute initiatives to enable a smooth transition, from receiving an investment proposal to the eventual implementation of the project. It is the Secretariat for grant of approvals and sanction of infrastructure facilities for approved projects. It provides an environment that helps investors handle investment processes and procedures with ease. 

There is a 'Karnataka Diaspora Cell' which has been set up as a special initiative of Karnataka Udyog Mitra. The objectives of the Cell are to:-

• forge a symbiotic relationship between Karnataka and its Diaspora.
• provide information on Karnataka, as well as developments and investment opportunities in the State across all potential sectors.
• facilitate investors among NRIs (Non-Resident Indians) and PKOs (People of Karnataka origin) in setting up their ventures in the State.
• draw up the knowledge reservoir of Diaspora for development of the State.
• promote Karnataka's culture and heritage overseas.
• act as a window to provide information to Diaspora about education facilities, health facilities available in Karnataka and other information of interest to the Diaspora.

The functions of the Cell include:-

• Undertaking activities to promote interactions/ exchange of ideas and involvement of Diaspora in projects in specific domains - rural development, industry and enterprise, health care, culture, language, philanthropy and communal harmony.
• Facilitating interactive meets of Diaspora with persons of eminence in various fields, based on requests from the Diaspora.
• Organizing annual meetings, prior to Indian Diaspora event organized by Government of India.
• Creation and maintenance of database on NRI/ PKO associations, individuals categorized on their professional back ground of reciding place. In addition, it contains contact information on Indian Diplomatic Mission abroad, concerned departments of State Government and Union Government.
• Publication of News letter / Circulars / E -mail to subscribers.

6. Punjab - There is NRI Zone (developed by Department of NRI Affairs, Government of Punjab) - www.nrizone.in. It is a valuable tool for NRI buyers looking to extend their reach and streamline their buying efforts. Buyers are able to search companies that are precisely indexed to a proprietary classification system of over 69,000+ product and service types. While, it equips the NRI seller with a state-of-the-art, precision marketing tool. It provides the seller with a buying audience that is global and precisely focused. Sellers and their catalogues can be identified and viewed by buyers in 16 languages.

Then, there is NRI Sabha Punjab which has been set up to:-

• help the NRIs in protecting their rights in Punjab especially in property related matters;
• provide facilities to NRIs on their visit to Punjab;
• pursue the interests of the NRIs with the State and Central Government;
• help in investment of NRIs in Punjab for economic development;
• maintain Cultural and ethnic bonds of Punjab with the NRIs especially with the new generation of the NRIs;
• promote social welfare in Punjab by motivating the NRIs and their friends and relatives residing in Punjab;
• provide a forum for the NRIs, their friends and relatives living in Punjab and the Government to join and act together.

7. Odisha - There is a Non-Resident Oriya Facilitation Center in the State which works in liaison with the NRO Cell of Government of Odisha.

As part of the Industrial Policy Resolution 2001, the office of the Odisha Investment and Export Promotion Office (OIEPO) has been set up to promote and facilitate investments into the State of Odisha. The OIEPO is considered as the first point of contract with prospective investors, embassies, chambers of commerce, trade commissioners, international trade/ business organisation and other associations at Delhi and direct them to Team Odisha. The main objectives are to:-

• promote Odisha as an attractive investment destination by creating awareness of the location and its competitive advantages.
• provide assistance to NRIs from the State in their efforts/ endeavour to invest in or export products from Odisha.
• assist in obtaining central level investment/ industrial approvals in respect of projects under implementation in the State.

Governing Framework at State Level

In today's rapidly changing business scenario, there is intense competition between States/ Union Territories (UTs) for attracting investments into their respective economies. Investors generally choose the State/UT that offers best combination of industrial and social infrastructure; technology savvy work force; and presence of business-friendly environment. Accordingly, several policy initiatives and measures are being undertaken by the Governments of various States/ UTs.Over the past few years, more and more Indian States/ UTs are roping in their own NRIs and other Overseas Indians. They are taking continuous steps to encourage NRIs to unleash the existing potentialities of thrust areas in the respective economies as well as to make greater investments accordingly. Overseas Indians are being considered as an important source of foreign direct investment (FDI) into the States/ UTs. The prominent sectors holding huge investment opportunities include: agro-based industries, drugs and pharmaceuticals, IT and ITES, leather products, chemicals, automobiles, electricals, infrastructure, etc.

There are Department of Industries and/or Industrial Development Corporation in each State/ UT to provide attractive investment avenues for industrial development. They undertake several activities for promotion of investment by overseas Indians. Within these departments, there are separate NRI cell or related agencies, like, that of Gujarat, Uttar Pradesh, Karnataka, etc. While, some of other States/ UTs have facilitation centres for NRIs such as Odisha, Madhya Pradesh, etc.Besides, within the existing as well as upcoming industrial policies and Acts of the States/UTs, there are special provisions for facilitating and encouraging investments by NRIs and other overseas Indians, along with industrial development in the State/UT.

Policies and Legislations

The Government of almost all States/ Union Territories (UTs) are making all possible efforts for creating ideal conditions for investments in every sector of their respective economies. They are also working in coordination with Central Government to sustain the pace of development in the country. Accordingly, they have been framing a well structured framework of policies for attracting significant investments into the various States/ UTs. Some of such policy initiatives are:-1. Under the Kerala's Industrial policy, the aim of the Government is to achieve high and sustainable economic growth through rapid industrialization and big leap in commercial activities, without affecting ecology and environment. The policy seeks to create large-scale employment opportunities for the people of Kerala and convert Kerala into an investment friendly destination. That is, it aims to convert Kerala into a favoured destination for manufacturing, agro processing, health services, knowledge based industries and services. It seeks to formulate schemes to attract foreign direct investments (FDIs), including Non-Resident Indians (NRIs) and Non-Residents Keralites (NRKs) to channalise their investible surpluses to the State and, thus, enabling them to harness their expertise in the key areas of manufacturing and services. It also includes setting up of exclusive Industrial Parks for NRI investors.

2. The Industrial Policy of Andhra Pradesh has announced to promote Andhra Pradesh as an attractive destination for industrial investments and foreign investments. FDI is considered as an important way of transmitting skills, knowledge and technology to the State and it is an important driver of industrial performance. Thus, investors are given highest priorities in implementing the projects in the State. The policy further seeks to improve infrastructure in the State by facilitating investment in industrial infrastructure in private sector. In line with such objectives, an autonomous body 'AP Invest' is created for needs assessment and road mapping of FDIs as well as to give special care in providing timely clearances and assistance for setting up of industrial units.

3. In the State of Uttar Pradesh (U.P.), the Industrial and Service Sector Investment Policy 2004 has been announced to achieve all round development of the State by accelerating the pace of growth in the fields of industry, trade, commerce and services. This include strategies like: promotion of private partnership in industrial development; balanced development of tiny, small and heavy sector; promotion of exports; promotion of NRI and FDI investments; assurance for security of life and property; recognition of the role of service sector; etc. The policy recognised that there is an immense potential for attracting investment in the State from NRIs. Also, entrepreneurial skills and capabilities of NRIs belong to U.P. have earned worldwide recognition. The policy thus aims to create attractive environment for investments by NRIs in the State; to make the procedure of investment by NRIs simpler by introducing adequate changes in rules and procedures; to conduct a dedicated survey of NRIs to provide them required facilities; as well as to encourage and persuade NRIs belonging to the State to make greater investments in varied fields like land development, infrastructure, mining, service sector; etc. All these efforts aim to give highest priority to the proposals of Overseas Indians.

4. With a view to promoting investment and trade, the Government of Karnataka formulates and implements the policies of the State with respect to industrial development. It is making all efforts to attract foreign direct investment to the State through its progressive policies and strategies. The federal policy guidelines of the Government of India are also applicable to projects set up in the State. The FDI proposals approved for the State are to be monitored at the highest level to facilitate their speedy implementation.

There is the New Industrial policy 2006-2011 of the State which aims to promote sustained and growth oriented industrialization, with employment, for overall socio-economic development of the State. The other objectives of the policy are to:-

promote diversified industrial base with strength in both old economy and new economy fields.

facilitate reduction of regional imbalance in the matter of economic opportunities, employment and growth.

promote sustained industrial growth by facilitating accelerated flow of investments, etc.

5. Earlier Industrial Policy of Madhya Pradesh aimed at accelerating and strengthening industrial development in the State by attracting more capital investment. The objectives of the policy were to:-

place Madhya Pradesh among the ranks of the industrially developed States.

ensure balanced regional development by giving additional facilities in "No Industry" Development Blocks.

accelerate the pace of industrial development in the State through greater utilisation of the State's human and natural resources.

create more direct and indirect employment opportunities.

create special opportunities for the accelerated development of rural industries. 

create new opportunities for the development of the small scale sector.

create opportunities to attract new investments in the large and medium sector.

facilitate synergistic linkages between small scale units and large and medium enterprises.

encourage hi-technology based industries.

encourage investment by Non-Resident Indians.

encourage private sector participation in infrastructure development, etc. 

While, the new policy called the Industrial Promotion Policy 2004 envisages on creating an industry-friendly administration, maximizing employment opportunities, tackling industrial sickness, as well as bolstering private sector participation. The main thrust of the policy is:-

establishment of a Madhya Pradesh Trade and Investment Facilitation Corporation. 

enacting an Industrial Facilitation Act and to change rules of business with a view to make single window system decisive and result oriented. 

developing infrastructure for enhancing identified industrial clusters. 

reviving closed down/sick industrial units by granting special packages. 

6. In the State of Gujarat, there is an Industrial Policy which has been formulated to promote sustainable industrial development in the State. The policy aims to achieve global competitiveness for industries in Gujarat and make it one of the most competitive destination for investment. The objectives of the policy are to:-

create a conducive environment for the investors.

equip new entrepreneurs as well as existing enterprises with the latest information in relevant fields.

develop the best of infrastructure facilities by infusing private sector investment.

empower the industrial estates to undertake developmental responsibilities.

enhance the quality of life in the State.

strengthen the mature manufacturing segments in the State.

promote industries which are labour-intensive in nature so as to create large-scale employment opportunities in the State.

provide assistance to small-scale industries for healthy growth.

strengthen existing industrial clusters and promote new clusters.

assist small and medium industries in getting bank finance.

equip the industries in Gujarat to meet with the challenges of WTO regime.

establish Gujarat as second to none in terms of "quality" and "brand image"; of products, on international platform;etc.

The State realizes the importance of attracting investments from non-resident Indians (NRIs) as well as multinational companies. This would help the State in improving the technological standards in the industry through technology transfer, enhancing exports, introduction of latest manufacturing practices, development of infrastructure and generation of employment opportunities. At the same time, the Government of Gujarat also appreciates the problems and concerns of the NRIs when they invest in the State. For providing them additional comfort, it is also exploring various options that would meet the aspirations of the NRIs and the needs of the State. In order to bridge the gap between the self-actualisation needs of NRIs and the development requirements of the State, it is considering to set up an Non-Resident Investment Trust Bank after obtaining necessary approvals from Government of India and Reserve Bank of India. 

7. Industrial Policies of other States incorporating several features for investment in the States:-

Industrial Policy of Odisha

Industrial Policy of Maharashtra

Industrial Policy of Punjab

Industrial Policy of Goa, etc.

Legislative Framework

The Government of various States and UTs are enacting several legislations for promotion of investment opportunities in their industrial set up. The most important law being, the enactment of Industries Facilitation Act in respective States/ UTs which aims to promote industrial development and facilitate new investments by simplifying the regulatory framework and by reducing the procedural requirements. This Act mainly aims to provide for the measures for speedy implementation of industrial projects and to ensure smooth functioning of the existing industries in the State by providing single point clearances to the entrepreneurs. It seeks to create a conducive environment for business in the economy so as to attract investors the world over, including investments by overseas Indians. Some of these Acts are:-

Odisha Industries (Facilitation) Act, 2004

Karnataka Industries (Facilitation) Act, 2002

Punjab Industrial Facilitation Act, 2005, etc.

http://business.gov.in/overseas/organisational_set_up_state.php

Nanny human trafficking case - B.C. man sentenced to 18 months for forcing caregiver to work 16-hour days

VANCOUVER — A British Columbia man convicted of human trafficking for forcing the family nanny to work long hours for little or no pay, has been sentenced to 18 months in jail.

Franco Orr was convicted in June on charges he brought 40-year-old Leticia Sarmiento into Canada from Hong Kong on false pretences, paying her $500 a month to take care of his three children.

In handing down sentence, B.C. Supreme Court Judge Richard Goepel said the Crown didn’t prove that Sarmiento was subjected to humiliating or degrading treatment, but did prove that the man profited by paying low wages.

Orr’s wife, Oi Long Nicole Huen, was acquitted on all charges.

Orr’s lawyer, Nicholas Preovolos, says they will appeal the conviction and they hope to have a bail hearing by the end of the week seeking Orr’s releasing.

Sarmiento worked for 22 months before calling 911 to ask for help.

विदेश न ले जाने पर पति नामजद

बरनाला - वादे के मुताबिक शादी के बाद अपनी पत्नी को विदेश न ले जाना एक पति के लिए भारी पड़ गया। वादाखिलाफी से आहत पत्नी ने अपने पति के खिलाफ दहेज प्रताड़ना व जान से मारने की धमकी देने का केस दर्ज करवा दिया। शहर के वार्ड नंबर 12 के निवासी परमानंद की बेटी रीतू शर्मा पत्नी ने बताया कि सेखा गांव निवासी मनदीप सिंह बोपाराय ने शादी के पहले उसे शादी के बाद कनाडा ले जाने का वादा किया था। मगर वह शादी के बाद वह दहेज लाने के लिए उसे प्रताड़ित करता रहा तथा शिकायत करने पर जान से मारने की धमकी देता रहा। आखिर वह उसे छोड़ कर खुद कनाडा चला गया। बात करने पर उसने दहेज में लिया समान वापस लौटाने व अपने पास ले जाने से साफ इंकार कर दिया। पूरे मामले की शिकायत पुलिस को दी गई। डीएसपी हरपाल सिंह ने कहा कि आरोपी के खिलाफ थाना सिटी बरनाला में केस दर्ज करके जांच एएसआइ बलविंदर सिंह को सौंप दी है।

Indian-origin man held guilty of rape in New Zealand

WELLINGTON: A court in New Zealand Friday held an Indian-origin man guilty of kidnapping two young women and raping them.

Pravin Fia Hari Prasad Kumar faced retrial in the Auckland High Court on charges of rape, kidnapping and sexual assault of two young women in 2008, Fairfax media reported.

The court was told that Kumar's first victim was a prostitute who initially agreed to have sex with him in exchange for money Sep 27, 2008.

The woman had asked Kumar to pay up first and wear condom but he didn't agree.He drove her to a remote location in Wiri, South Auckland, and raped her.

Crown prosecutor Alysha McClintock told the court that Kumar approached the second victim on the side of a road Oct 8, 2008, and offered her a lift home.

But Kumar took the woman to a liquor store, bought alcohol and then drove her to a remote location near Auckland airport and raped her in the back of the car.

He will be sentenced in December.While on bail for the 2008 rapes, Kumar did not attend his first trial.He also escaped electronic monitoring and the court convicted him in his absence.

A court of appeal later quashed the conviction and ordered a retrial.

Actor Sanjay Dutt seeks parole extension

Sunday, Oct 13, 2013

PUNE: Bollywood actor Sanjay Dutt, currently out of jail on parole for a fortnight, has sought an extension of parole on medical grounds, official sources said Sunday. His parole period ends Monday. The application is under consideration and a decision is likely to be taken shortly, the sources said.

Dutt, 53, was granted parole from the Yerawada Central Jail Oct 1 to get medical treatment for certain unspecified illnesses.
His parole period ends Monday and he has sought another fortnight's extension. The application is under consideration and a decision is likely to be taken shortly, the sources said.
A parole is a conditional release of a prisoner for a limited period for a specific purpose and is strictly governed under Indian jail laws.
"It does not imply commutation of the sentence or amnesty and is purely decided as per individual cases at the discretion of the concerned authorities," criminal lawyer J.P. Mishra told IANS.
Dutt is serving a 42-month sentence for his role in the March 1993 Mumbai serial bombings of March 1993.
He was convicted by a Special TADA Court for illegal possession of a pistol and an AK-47 rifle.
In March, the Supreme Court upheld his conviction under the Arms Act and reduced his sentence from six years, awarded by a lower court, to five years.
He has already served one-and-a-half years behind bars during trial. He returned to Mumbai's Arthur Road Central Jail May 16 to serve the remaining 42 months in prison.
Later, on security grounds, he was shifted to Yerawada Central Jail here.

If granted, he is likely to extend his stay at home by 14 days.   

Father accused of injecting son with drugs as divorce finalized

A Redmond, WA, father has been charged with attempted murder after allegedly injecting his four-year-old son with heroin the day his divorce was to be final.

Eric Emil Lehtinen's soon-to-be-ex wife found him and his son unconscious in his home on Tuesday, SeattlePI.com reported.

The website references court documents saying the boy had a syringe, apparently filled with drugs, on his chest. Both were taken to hospital.

Lehtinen, 37, is now in jail and his son remains in Seattle Children's Hospital recovering from an overdose, the website reported.

The boy had several puncture wounds, including needle sticks, and his blood contained heroin, ketamine, morphine, codeine and other drugs, the website reported.

Lehtinen reportedly has a history of drug use and his ex wanted drug testing to be part of the custody agreement. He was trying to delay finalizing the divorce.