Reality of Fair & Lovely: Exposed by Rajiv Dixit

दोस्तो अगर fair & lovely से गोरापन आता तो ये अफ्रीका वाले क्यूँ काले है ???
एक बात हमेशा याद रखे !दुनिया मे fair & lovely लागने से कोई आदमी गोरा हुआ नहीं और आगे होने की कोई संभावना नहीं !

क्यूंकि गोरा और काला होने का सिद्धांत ही अलग है !हमारे रक्त (blood) मे एक कैमिकल होता है उसका नाम है Melanin ! जब melanin की मात्रा बढ़ जाती है तो शरीर काला पड़ जाता है और जब melanin की मात्रा कम हो जाती है तो शरीर गोरा हो जाता है ! और जब melanin की मात्रा न बढ़ती है न कम होती है तो शरीर सांवला हो जाता है ! हम सब हिन्दुस्तानी साँवले है क्यूंकि melanin की मात्रा न ज्यादा है न कम ! और आदर्श(prefect) स्थिति यही होती है !!

पूरी post नहीं पढ़ सकते तो यहाँ click करें !
https://www.youtube.com/watch?v=QA7wiyifHPk

हमारे देश मे एक राष्ट्रपति थे डा राधा कृष्णन ! वो एक बार लंदन गए वहाँ अंग्रेज़ पत्रकारो ने उन्हे चिढ़ाने के लिए एक सवाल पूछा !

आप हिन्दुस्तानी काले क्यूँ होते है ??

तो डाक्टर राधा कृष्णन ने इतना सुंदर जवाब दिया वो आप सबको देना !
उन्होने कहा हम हिन्दुस्तानी काले नहीं होते कुछ और होते है !
अंग्रेज़ ने पूछा तो क्या होते है ???

डाक्टर राधा कृष्णन ने एक कहानी सुनाई !
उन्होने ने कहा भगवान जी ने रोटी बनाई और वो कच्ची रह गई वो सब खाकर तुम सब अंग्रेज़ पैदा हुए !

भगवान जी ने फिर एक रोटी बनाई वो जल गई उसको खाकर ये अफ्रीकी पैदा हुए !

और फिर भगवान जी ने तीसरी रोटी बनाई वो न जाली न कच्ची रही बराबर सिकी !
उसे कहकर हम हिन्दुस्तानी पैदा हुए !
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तो हम काले नहीं साँवले है और आज विज्ञान ने स्वीकार किया है कि साँवले रंग वालों को त्वचा का कैंसर होने की संभावना सबसे कम होती है !कारण क्या है खून मे melanin की मात्रा सबसे perfect हमारी ही है !!इसलिए अपने साँवले होने पर गर्व करो इसे हीन भावना से मत देखो !

और बार - बार ध्यान करो !

कि भगवान शंकर जी साँवले
!
भगवान राम साँवले !

भगवान कृष्ण साँवले !

तो हम गोरे होकर करेंगे क्या ??????? हम तो साँवले ही अच्छे !

और जब ये बात मन मे बैठ जाये कि हम तो साँवले ही अच्छे है तो फिर ये fair & lovely की जरूरत क्या ?? ये तो गोरा बनाने वाली क्रीम है tongue emoticon

और दोस्तो जब ये विज्ञापन बार - बार tv पर आता है न ! कि fair & lovely लगाओ आप दो दिन मे गोरे हो जाओगे 3 दिन मे हो जाओगे 1 महीने मे गोरे हो जाओगे ! तो इसको देख भारत की करोड़ो काली माँ ,बहन , बेटियो की छाती पर आड़ी चलती है ! आप इसको महसूस करो !

आप तो जानते हैं हमारा हिंदुस्तान तो 121 करोड़ की आबादी का है और उसमे 50 करोड़ तो माताए बहने हैं और उनमे से 40 से 45 करोड़ मताए ,बहने या तो काली है या साँवली है ! उनके दिलो पर कटार चलती है जब वो ये विज्ञापन देखती है ! हाय रे हाय गोरेपन की क्रीम fair lovely

और फिर उन माताओ बहनो को लगता है कि गोरे होने से ही जिंदगी सवर्ती है और आपको जानकार हैरानी होगी कई बहने ने सिर्फ इस बात के कारण आत्म ह्त्या कि काले रंग के कारण उनकी शादी नहीं हो पा रही थी !
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fair & lovely (विदेशी कंपनी क ज़हर) के खिलाफ़ मद्रास हाईकोर्ट में केस ।
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राजीव दीक्षित जी का दोस्त जो होस्टल में उनके साथ पड़्ता था । 12 साल से fair and lovely लगा रहा था । फ़िर भी चिक्कट काला । और बोला होस्टल में आने से पहले भी 8 साल से लगा रहा है ।

राजीव भाई ने कहा कभी तो तु सुधरेगा । तो उसने कहा कल से fair and lovely बंद ।

राजीव भाई ने पूछा तेरे पास fair and lovely ख़रीदने का बिल है । उनसे
कुछ बिल निकाल कर दिये । जिसके आधार पर उन्होने मद्रास हाईकोर्ट में केस दर्ज कर दिया । पहले तो जज ने कहा मेरे घर में भी यही समस्या है tongue emoticon ! लेकिन उसने बहुत सुंदर जजमेंट दिया !
कंपनी के अधिकारियो को वहां जाना पड़ा । जज ने पूछा । कि आपने इसमे क्या मिलाया है ।
जो काले को गोरा बना देती है । उन्होने बोला जी कुछ नहीं मिलाया । तो जज ने पुछा ये बनती कैसे है । तो उन्होने कहा( सूअर की चर्बी के तेल से )।

देश के पढ़े लिखे गवार विज्ञापन देख आपने मुँह पर सुअर की चर्बी का तेल थोप रहे है । और अपने आप को बहुत होशियार समझ रहे है !!
और यह कितनी महंगी है !!

25 ग्राम 40 रुपए की
मतलब 50 ग्राम 80 रूपये की
और 100 ग्राम 160 रूपये की !
मतलब 1600 रूपये की 1 किलो !!

देश के पढे लिखे ग्वार लोग 1600 रूपये किलो का सूअर की चर्बी का तेल मुह पर थोप रहे हैं लेकिन 400 -500 रूपये किलो बादाम या काजू नहीं खा रहे !!!!

मित्रो सुंदरता fair and lovely मे नहीं है सुंदरता करीम पाउडर या लिपस्टिक में नहीं है !!
सुंदरता गुण कर्म और सुभाव में होती है !!

आपके गुण अच्छे है कर्म अच्छे है सुभाव अच्छा है तो आप बहुत सुंदर है !!
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यहाँ जरूर click करे !!

https://www.youtube.com/watch?v=QA7wiyifHPk

वन्देमातरम !

हिन्दुओं का धार्मिक रंग भगवा क्यों है ?

हिन्दुओं का धार्मिक रंग भगवा क्यों है ?

हिन्दू का धार्मिक रंग भगवा है क्योंकि भगवा रंग ज्ञान का प्रतीक है ! यह अग्नि का भी प्रतीक है !
जैसे अग्नि के प्रदीप्त होते ही अंधकार का नाश होता है और प्रकाश का आगमन वैसे ही भगवा इस बात का द्योतक है कि ज्ञान रुपी अग्नि में अज्ञानता का नाश हो जाता है !
हिन्दू धर्म में अग्नि को आत्म ज्ञान का रूप माना गया है ! भगवा के रंग में सूर्य, मंगल और बृहस्पति के रंगों को समाहित माना गया है !
और माना गया है कि ज्ञान की तृष्णा मंगल से, ज्ञान से सत्य कि प्राप्ति सूर्य से और ज्ञान की स्वयं प्राप्ति बृहस्पति से है यह सन्देश है भगवा के रंग में!
भगवा रंग योग की अग्नि में पकने का भी सूचक है। यानी अगर कोई व्यक्ति परिपक्वता और समझदारी के एक खास स्तर तक पहुंच गया है भगवा रंग एक नई शुरुआत और परिपक्वता का सूचक है।
यह रंग आपके आभामंडल और आज्ञा चक्र से भी जुड़ा है, यह ज्ञान का भी सूचक है और यह भी बताता है कि इस इंसान ने जीवन के प्रति एक नई दृष्टि विकसित कर ली है।

साभार-योगेश मिश्र (वकील एंव ज्योतिष शोधकर्ता )
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नीचे दिये गए LINK पर आप अन्य महत्वपूर्ण लेख पढ़ सकते है

LINK - http://www.sanatangyanpeeth.in/?cat=3

American Agent Manmohan Singh And His Globalization Collapsed INDIAN Economy Exposed By Rajiv Dixit

American Agent Manmohan Singh And His Globalization Collapsed INDIAN Economy Exposed By Rajiv Dixit

1991 मे चुनाव का दौर चल रहा था ! कोई परिणाम अभी आया नहीं था मई 1991 की बात है राजीव गांधी अभी जिंदा थे फ्रांस के एक लोकल अखबार Le Monde मे एक खबर छपी ! खबर ये थी की किसी भी पार्टी की सरकार आये अगले वित मंत्री डाक्टर मनमोहन सिंह होंगे
(Dr. Manmohan Singh would be the next Finance Minister of India.)

राजीव भाई ने भी ये खबर जब पढ़ी तो वो हैरान हो गए और ये अखबार की कटिंग अपने कुछ मित्रो को दिखाई तो उन्होने बात मज़ाक मे टाल दिया की उन्होने कहा ये लोग कुछ भी लिखते रहते है ऐसे ही ये भी लिख दिया होगा !लेकिन जब चुनाव के बाद मनमोहन सिंह को सच मे वित मंत्री की शपथ दिलवाई जा रही थी तो राजीव भाई के कान खड़े हो गए की Le Monde अखबार कैसे कहता है की मनमोहन सिंह अगले वित मंत्री होंगे ?? तब राजीव भाई के एक परिचित है world bank मे काम करते थे

उन्होने राजीव भाई को बताया की शायद तुम जानते नहीं world bank बहुत पहले तय कर चुका था की मनमोहन सिंह को अगला वित मंत्री बनाना है!
राजीव भाई ने कहा मनमोहन सिंह और world बैंक मे क्या नाता है ?? तो उन्होने ने कहा मनमोहन सिंह वर्ल्ड बैंक मे 10 साल नौकरी कर चुके हैं ! world bank IMF को एक ऐसा व्यकित चाहिए जो भारत मे उनको शर्तो को लागू करवा सके और उनके हित के लिए कानून बनवा सके !
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अर्थात इस देश का वित मंत्री कौन होगा ये हमारी संसद तय नहीं करेगी world BANK,IMF
तय करेगा ? तो इस देश के लोकतन्त्र और राजनीतिक प्र्भुस्त्ता का क्या अर्थ बचा ?? —
पहले 30 मिनट ये विडियो जरूर देखें
click here
http://www.youtube.com/watch?v=kfwWyWsADhs

Cab Drivers' need to undergo verification mandatory - Cab drivers’ details to be verified

With more questions raised on the safety of women passengers in radio taxis, city police are taking no chances. They have asked cab operators to furnish details of drivers and get them verified from police stations. 

Confirming the directive to cab operators, DCP (law and order) Shekhar HT told TOI that service providers have to pay a minimum fee for police verification. 

The move comes in the wake of an alleged case in which a cab driver molested a woman passenger in Gurgaon. 

Cab services started in Mysuru in August 2014. Nano Taxi was the first to start its services in Mysuru followed by TaxiForSure, Ola and Meru. In the past 10 months, these cab operators have developed a good customer base. 

Nano Taxi general manager R Vijaykumar said that a majority of its customers are women. "Since about 67% of passengers are women, we take utmost care to ensure their safety. We track every ride and take feedback from the passengers. So far, there has not been a single complaint of misbehaviour against any of our 75 drivers. We have been training our drivers on how to behave with passengers, especially women," said Vijay. 

Vikram Lakshminath, an assistant manager with Ola, said its cabs are fitted with GPS devices. "Details of our drivers have been submitted to police for verification," he said.

Cab Drivers' Verification - Police begin verification drive for cab drivers

Traffic police are starting a drive where they will meet private taxi owners over police verification process. 

In the wake of sexual assault of a woman by an Uber cab driver in Delhi, the Mumbai police have decided to ask private taxi operators to subject their drivers to police verification and also launched a separate drive to check antecedents of private taxi drivers. 

Joint commissioner of Police (Traffic) B K Upadhyay said private cab operators hired as drivers anyone with a driver’s licence. “There is no legal provision on checking the background of the drivers while hiring them,” he said. Upadhyay said many women had expressed concerns through the social media about their security while travelling in a private cab. “Many women have tweeted to us and expressed worries on other social media,” said a traffic police officer. To address these concerns, the traffic police are starting a drive where they will meet private taxi owners over the next few days and ask them to get all their drivers undergo a police verification process. They will also meet fleet owners to discuss their security norms and check if they have installed GPS devices in their vehicles as claimed. 

Mumbai Police Commissioner Rakesh Maria on Monday instructed all police stations to contact private taxi operators in the city and check antecedents of all the drivers employed with them. 

“We will check our records to see if any of them have ever been arrested or convicted for a crime and take appropriate action,” said Mumbai Police spokesperson DCP Dhananjay Kulkarni. An officer said one of the points under discussion was what action could be taken against drivers or taxi operators in case of non-compliance.  

“Registering details of all taxi drivers in our records will also send a message to them they are under the scanner, which will act as a deterrent,” said the officer. 

Banks liable for fraud by its employees - India Today

Banks cannot disown their liability to the depositors in the event of their employees committing fraud on the depositors during the course of their employment with the bank.

By Every one of us has one or more savings, current or fixed deposit accounts with one or another bank. In the case of savings bank account the pass book is given to the account holder wherein the entries of the deposits or withdrawals are made at intervals. In this connection, two questions arise.

One, do the entries in the pass book have any sanctity? And two, would the bank concerned be liable to make good the loss to the account holders in case the bank's employee(s) embezzle the depositors' funds by manipulating the entries in the pass books? The above questions arose in a bunch of cases, which were recently decided by a common judgment by the National Consumer Disputes Redressal Commission on September 7, 2010. Fifteen depositors, who were villagers living in Lakhnaura, District of Ambala (Haryana), noticed that their pass books indicated certain credit balances that were at variance with those appearing in the bank's ledger account. The discrepancy indicated a number of withdrawals which were never made by the depositors. Besides, some of their fixed deposits too were shown to have been prematurely withdrawn.

The bank involved in all these cases was the Haryana Gramin Bank, which has a branch office in the village where the depositors concerned were residing. All the depositors reported the matter to the bank, which on investigation found that the withdrawals from the accounts of these depositors were made without any payin-slips or cheques issued by them and the pass books were also manipulated so as not to show such withdrawals.

All these amounts were frittered away by Pawan Kumar Lehna, exbranch manager.

While criminal cases were filed against the ex-branch manager and some other employees, complaints were also filed against the bank before the District Consumer Disputes Redressal Forum, Rohtak where the bank denied its liability on the plea that the fraud was committed by its employee(s) against whom the matter was pending in the criminal court and that the bank was in no way responsible to the depositors. Repelling the bank's contention, the District Consumer Forum directed the bank to pay all the depositors the amounts which had been unauthorisedly withdrawn from their accounts. An appeal was filed by the Haryana Gramin Bank before the Haryana State Consumer Disputes Redressal Commission, Panchkula which by its order dated March 19, 2010 held the bank vicariously liable for the fraud and embezzlement of the amounts deposited by its customers.

The bank concerned came up before the National Consumer Commission in 15 revisions filed against the order of the Haryana State Commission which, by its order dated September 7, 2010 dismissed all of them by upholding the orders passed by the State Commission and the District Forum.

The judges relied on the judgment of the Supreme Court in State Bank of India v. Smt.

Shyama Devi AIR (1978) 1263 (SC) wherein the apex Court had held that "a master is liable for his servant's fraud perpetrated in the course of the master's business, whether the fraud was for the master's benefit or not, if it was committed by the servant in the course of his employment". While the above judgment will not only be of great help to banks' depositors who go by the pass book entries but also serve as a warning to banks that they cannot disown their liability to the depositors in the event of their employees committing fraud on the depositors during the course of their employment with the bank.

The judgment also calls upon the depositors not to take the entries in their pass books on their face value but to check their accounts with the banks at regular intervals.

Author is an advocate & editor of Consumer Protection & Trade Practices Journal (CTJ) rosykumar2000@ yahoo. com

Ex-employee couple accused of Rs 60 lakh fraud

GURGAON: A former senior employee of an online business portal was arrested on Saturday for allegedly cheating the company out of nearly Rs 60 lakh, with the help of her husband. A city court later sent her to judicial custody.

Police said the accused, Bableen Anand, and her husband Varun, residents of Kirti Nagar in Delhi, used to work with the Udyog Vihar-based firm till six months ago, and used their position to launder money from the official accounts of the company to their relatives' and personal accounts.

Global Enterprises is an online portal that books airline tickets, hotels and cabs at discounted rates. It claimed in the FIR, filed on April 10, that the couple used to transfer funds from the accounts of their subordinates to their personal accounts.

Since they were heading separate teams, the couple knew the account details and passwords of the persons working under them, and had access to the money, police said. Varun used to transfer the funds to Bableen's account and she used to further transfer them to other non-official accounts.

A year ago, Varun quit the company and started a new portal, happilycheckin.com, which was set up with the fraud money collected during his tenure. Six months after he quit, Bableen also left the firm and joined her husband in the management of their portal.

Police said both of them had hacked into the accounts of current employees to gain access to the funds and used to launder money even after they had quit the firm.

After investigation by the cyber crime wing, police raided the couple's house and recovered Rs 50,000 from there. Cyber crime cell officers have so far found only 10% of the documents related to the fraud and have calculated a total loss to the tune of Rs 60 lakh to the company.

Source: http://timesofindia.indiatimes.com/city/gurgaon/Ex-employee-couple-accused-of-Rs-60-lakh-fraud/articleshow/47486192.cms

KPMG’s Latest India Fraud Survey Kicks Up Some Dangerous Statistics

I was intrigued recently when the KPMG India fraud survey 2012 (download it here) threw up a shocking conclusion – Corporate India dubs rising fraud as an inevitable cost of business.  Close to 55 % of respondents polled indicated that their organisations experienced fraud in the last two years vis-à-vis 45 % in the 2010 edition of KPMG’s fraud survey.

However, it is surprising to note that 71 percent of the respondents think of fraud as an inevitable cost of doing business. This includes 80 percent of respondents who stated that they had experienced fraud in the last two years. What is hardly surprising is the fact that Indian companies outnumbered multinational firms in this view. I agree with the report’s view that this is a dangerous attitude to have as it could lead to organisations having a tolerant approach towards fraud and subsequently not investing enough in the appropriate fraud risk management controls and framework. It also translates into a culture of merely reacting to fraud and not proactively taking steps to mitigate it.

Let us look at the graphic below to understand better what a company’s employee feels about the state of corporate fraud in India today:

* Info & Graphics Source – KPMG India Fraud Survey 2012

We can see that the perception levels for frauds like money laundering (47%), internal reporting related frauds (44%) and intellectual property fraud (40%) too are significantly higher (compared to KPMG’s 2010 survey). These frauds today rely on technology to increase their impact. Let us now look at the sectors that are perceived as most vulnerable to fraud.

* Info & Graphics Source – KPMG India Fraud Survey 2012

It does not require a survey to realise that the financial services and banking industry that is so heavily reliant ontechnology faces the gravest threat. While technology can be a great facilitator for the business, it can also offer an equally potent platform for committing frauds like cybercrime, phishing and data theft.

Possible misuse of technology in the banking sector includes use of banking access for over payments to vendors / self bank account, sharing of potential confidential information and misuse of company’s technology resources for unauthorised activities including conflicting business relationship. Additionally, providing services on mobile and social media platforms with limited knowledge of the security requirements, poses threats to customers as well as financial institutions. Some of India’s co-operative banks may choose the cheapest IT Services company to design and develop their bank’s internet banking website but in such cases cheap may not be best!

Procurement function continues to be most vulnerable to fraud

Survey respondents have rated procurement, sales and distribution and inventory as the most vulnerable processes within an organisation. These areas being characterised by large number of stakeholders, multiple touch points, increasingly complex processes involving a significant proportion of organisations’ funds, it is not surprising to see this finding. Additionally, these processes involve a high degree of interaction with external stakeholders like vendors and customers where collusion can override certain internal controls.

Despite the widespread acknowledgement of the vulnerability of these processes, it is surprising to note that organisations have failed to implement basic controls. Due diligence of vendors before selection, involvement of representatives from multiple departments in the vendor selection process, and adequate segregation of duties and controls over access rights, are some of the controls which may help organisations in managing these risks better notes the survey.

This brings us to a very important fact – something that most companies fail to overlook until it’s too late. As Hollywood would say:

The Enemy Lies Within

Employees within organisations is the single largest group well equipped to perpetrate fraud or assist an external team to do so. Like an impending implosion, the larger threat of fraud lies within an organisation itself. However, most organisations tend to ignore or merely warn respective employees upon discovery of small value frauds (such as faking personal bills or fudging of expense reports). In the entertainment business for example, budget expenses for shooting and post production is where expense fudging  often takes place. Therefore, when employees collude with external parties to commit fraud (such as processing fake invoices submitted by vendors), organisations often tend to blame external parties first and not employees. This could be a possible reason for KPMG’s survey respondents to have ranked vendors/agents as the most likely to commit fraud against an organisation.

Among employees, senior management is considered the most susceptible to committing fraud by virtue of their ability to override existing controls. According to the ACFE 2012 Global Fraud Study (download it here), the position held by thefraudster within an organisation is directly related to the loss incurred on account of the fraud committed. Losses caused by senior management were approximately three times higher than the value of fraud loss due to managers; managers in turn caused losses approximately three times higher than junior employees.

In such circumstances it becomes imperative for organisations to provide a safe, robust channel for employees to report suspicions of malpractice. It is also important that an organisation’s Board comprise of individuals with utmost integrity who would engage themselves with the management. The Board needs to take a lead by setting the tone at the top and facilitate a zero tolerance approach towards fraud.

People are Essentially Good

However it must be remembered that the vast majority of employees are honest and hardworking. Unfortunately, it may only take one dishonest employee to put your business in serious trouble or even destroy it. The methods used are only limited by a dishonest employee’s creativity. Do not assume you can “profile” an employee thief.

Many frauds are perpetrated by long-term employees that no one ever thought could be involved in fraud. One of myfavorite fraud stories is about a parking lot outside Britain’s Bristol Zoo. Allegedly, for 25 years, 7 days a week, approximately $500 was collected in parking fees every day. The attendant never took a day off and then one day he did not show up for work. When the zoo called the city about a replacement, they were told he was not a city employee and the zoo was responsible.

The zoo was shocked that the attendant was not a city employee because he certainly was not a zoo employee! This is also a commonplace occurrence in Mumbai’s cities where fraudsters in the name of public parking in collusion with theBMC often extract parking fees to the tune of fifty rupees when the official fee for parking is only Rs. 5 or Rs. 10. It is another thing that even paying Rs. 50 is a helluva low amount for parking space in a space-crunched city like Mumbai where cars jostle with people and where footpaths are almost non-existent (I sincerely hope the BMC raises the car parking charges to Rs. 500 for an hour and trust me I wouldn’t mind paying it if it can discourage more people to walk more and drive less!)

Coming back to the Bristol Zoo case, at $500 a day, 7 days a week for 25 years, that equates to $4.6 million dollars earned by the fraudster! Although the veracity of this story has been challenged, the lesson to be learned rings true. Many times a fraud may be right under our nose and we may not see it! Be professionally skeptical, follow up on anomalies, and respect your instincts. I think we can broadly characterize most employee fraud into 10 categories. If you know what broad types of fraud schemes exist and have some basic knowledge of internal control, perhaps it can help you prevent employee fraud at your company.

I will provide the broad categories here and then briefly explore each of them in additional detail in later articles.

1. Poor Gate Security & Access & Exit Control
2. Fake Documents
3. Fake Vendors or Fake Employees
4. Misapplying Customer Remittances
5. Bribes, Bid-Rigging, and Kickbacks
6. Purchasing Goods for Personal Use with Company Funds
7. Data Manipulation
8. Fraudulent Expense Reports
9. Manipulate the Machines
10. Salami Fraud

Know that many controls are easy to establish while others may be too elaborate or expensive for your business. For smaller businesses, itis sometimes difficult to properly segregate duties for good internal control. Think hard about this because itis a major reason smaller businesses are hit so hard by employee fraud. Segregation of duties between employees having physical control of your assets and record-keeping for those assets is absolutely critical.

Regardless of the amount of time and money you spend, you will never be able to completely fraud-proof your company. Having said that, employee theft is a crime of opportunity. If you take small, simple steps, you can create a healthier internal control system and help discourage employee fraud at your company.

Things to remember before you sign a rent agreement

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When Kshitij Nadekarfinalised the house he wanted to rent in Pune a year ago, he thought he would stay there for 2-3 years till he bought his own house. "The place was in a reasonably good condition and was very close to my office. So, I immediately signed the agreement with the landlord," says the 37-year-old management executive. Nadekar had agreed to pay a monthly rent of Rs 5,000 and furnished Rs50,000 as deposit money. However, six months later, the landlord wanted to increase the rent by Rs 500 as the rentals in the area had gone up.

"I had two choices—pay the extra money or hunt for another house. My landlord told me that such an increase was the norm, and since nothing was mentioned in the lease agreement, I had little option but to pay the additional money," he adds. Nadekar could have avoided this hassle if he had scrutinised the rent agreement carefully and made changes that could have served his interests better. However, most tenants are not even aware of the points that should be included in the rent agreement. Here are the things you should check while sifting through the contract.

Is the lessor the actual owner? Before you sign the agreement, be sure that the person you are transacting with is the actual owner of the property. Often, NRIs or investors hand over their property to caretakers, who may lease it to a third party without the knowledge of the owner. So, you should verify the title documents, such as the sale deed and share certificate, besides obtaining a no-objection certificate (NOC) from the housing society where you want to lease the property.

These papers will help ascertain that you are dealing with the right person. Utility bills also come in handy as they specify the name of the owner. "If the apartment is mortgaged, the original sale deed will be in the custody of the bank. In such a case, an NOC should be obtained from the bank. This will mention the rightful owner's name," advises Om Ahuja, chief executive officer, residential services, Jones Lang LaSalle India.

Shveta Jain, executive director, residential services, Cushman & Wakefield, says that tenants should be wary of arbitrary eviction if they deal with an unsolicited party. "A case of trespassing can be filed against such a tenant if he refuses to vacate within a given time frame. The tenant cannot challenge eviction in this case," she adds.

Consider that the person who offers the property for rent, say, Mr. A, has slyly inserted a clause stating, 'The tenant has verified the title papers of the property and confirmed and satisfied that Mr. A is the rightful owner of the property'.

If you fail to check the agreement and sign it, you could be held liable for trespassing. "Of course, if such a clause is not mentioned, the tenant can hold the other party responsible for cheating and committing fraud," adds Ahuja.

What does the rent agreement contain? A rent agreement includes the terms and conditions under which the property is given on rent. It specifies the rent value and the tenure for which the agreement is made, as well as the security amount that needs to be deposited with the landlord by the tenant.

The agreement should also clearly mention the day before which the rent is expected to be paid. For instance, it could be the 5th or 10th of every month. If the tenant fails to pay the rent before the predetermined period, the penal charges that he would be liable to pay should also be defined in the agreement. The rent agreement could also mention the facilities, such as parking space or the usage of society's gym, included with the property.

There could also be additional monthly charges, such as the society maintenance charge and club fee. It's best if the additional charges for using such facilities are clearly spelt out, along with the person who is supposed to bear them. If either party fails to honour the terms and conditions of the agreement, it will become void and the aggrieved party could claim penal charges. The tenure of a rent agreement is usually 11 months, unless otherwise specified in the contract. If it's for more than a year, it's mandatory for the owner to get the document registered. The agreement should also specify the notice period and penalty for cancelling the agreement without completing the specified period. Typically, a two-month notice is served in case of high rental properties, while one month's notice is sufficient for low rental ones. What should you check? A tenant should verify whether the owner has included a rent escalation clause in the lease agreement, which could be used to increase the rent after a couple of months.

"The best way to safeguard yourself is to ensure that the agreement specifies the dates on which the rent escalation will be applicable and the percentage of increase," says Ahuja. You should also make sure that there is a clause on the sale of the house. If the owner decides to sell the house during the term of the rent agreement, you should know how many months you will get to search for another suitable accommodation. It's also important to check that all the appliances and the connections in the house are working properly before you sign the agreement.

Usually, minor repair work for installed electrical appliances is the responsibility of the tenant and he has to pay for them. However, if the property is damaged because of negligence on your part, the landlord can rightfully use the security money deposited with him for carrying out the necessary renovation. You also have the right to see the documents that prove all previous bills related to the house have been paid, especially the electricity, water and gas bills. While you are at it, make sure to peruse the papers that state the property tax has been paid by the landlord.

Property laws in India

Pro-tenant laws in India often inhibit rental market

Even with the application of the Lease and License Agreement system, it is still difficult for a landlord to protect his property from unwanted overstaying tenants. Even if contracts are enforceable in courts, the actual enforcement takes years or decades to accomplish.

Rents: Can landlord and tenant freely agree rents in India?

There are two types of tenancy agreements in India, Lease Agreements which are covered by rent control laws and Lease and License Agreement which are not.

A Lease (or Rental) Agreement is covered by restrictive rent control laws. The amount of rent that can be charged is based on a formula devised by the local executive, legislative or judicial government, as the case maybe. For Delhi, the maximum annual rent is 10% of the cost of construction and the market price of the land, but the cost of construction and the price of land are both based on historical values and not the current market valuation. So the older your property, the smaller the rent you can charge. Rents can only be increased by a fraction of the actual cost the landlord has incurred in improving the property.

The Lease Agreement transfers the right of ownership to the tenant for an indefinite period of time, which can be problematic because it encourages the tenant to claim the right to permanent occupation. In numerous cases, tenants have refused to relocate. When brought to court, these cases can take 10 to 20 years to resolve.

Most landlords prefer a Lease and License Agreement. This agreement only grants the tenant a license to occupy the property for a period of 11 months, with an option for periodic renewal. Because the rent control laws (which are largely in favor of tenants) only apply for lease agreements of at least 12 months, establishing an 11-month agreement serves as a pre-emptive measure.

To avoid complications, since landlord prefer these agreements, we will only discuss Leave and License agreements for the rest of the article.

Deposits

Prior to occupancy, tenants usually pay a security deposit of three months’ rent. This is usually refundable at the end of the contract, if no other liabilities have been left unsettled. Deposits are expected to be returned within a month after the end of the tenancy, or as stated in the contract. Until the deposit is returned, contracts commonly stipulate that interest must be charged on the deposit, computed at a daily rate. Advance payments for six months up and full payment for 11 months are popular.

What rights do landlords and tenants have in India, especially as to duration of contract, and eviction?

Since Lease and License Agreements are designed to escape restrictive regulations, all terms are governed by agreement between landlord and tenant. Aside from the most basic condition that the tenancy is only for 11 months, everything must be stated in the contract. (For a copy of a sample l Residential Lease & License Agreement, click here.)

Typical contracts include a provision that, if either party wishes to prematurely terminate the contract, three month’s notice must be given.

The typical agreement also prohibits subleasing. To deter tenants from overstaying, experts recommend including a clause quadrupling the rent if the tenant does not leave when the contract ends.

How effective is the Indian legal system?

Court proceedings of any type should be avoided at all times. Well-defined contracts will greatly help landlords to convince tenants that they (the landlords) are likely to win the case in court. As stated above, eviction cases can last up to 10 or even 20 years.

Legislation

Local laws cover landlord and tenant agreements. Many local rent control laws such as the Maharashtra Rent Act 1999, Delhi Rent Act 1995, Tamil Nadu Buildings (Lease and Rent Control) Act 1960, strictly regulate rental agreements that are 12 months or longer in favor of tenants. If the monthly rent payable on a property exceeds Rs3,500 (US$76), the agreement is subject to the Transfer of Property Act (TPA), which assigns the landlord responsibilities including i) disclosure of information regarding material defects in the property and ii) uninterruptedoccupation of the property for the agreed period (subject to periodic visits by the landlord for inspection). In this case there are more grounds for evicting tenants, but the situation is still disadvantageous to the landlord.

Brief History: Recent changes in Indian landlord and tenant law

The laws on landlord and tenants in India are archaic. The national government is encouraging local units to relax these laws to encourage investments in housing and construction. How fast will India will move to abolish its old system is very much questionable. The Maharashtra Rent Act 1999, for example, is slightly more pro landlord than the Bombay Rent Control Act 1947, but it does not still sufficiently protect landlords’ rights.

Know How Employee Frauds

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Harshad Mehta – the name immediately brings back the memories of the most popular scam of India. The fraud cost 5.5 billion to the 10 major commercial banks of India. An employee fraud is not a new concept or term for India. The annual survey by KPMG (a leading management consultant) has provided many interesting insights to the recent scenario concerning employee frauds. The sample of the survey covered more than 1000 public and private organisations in India. According to the survey, 47 percent of the frauds in the organisations have been done by either the employees or the senior executives with a decision making authority.

Types of frauds:

The most common fraud reported by the organisations is the magnified or the inflated expense account by the employees. In these types of fraud, the expenses incurred by the employees are exaggerated and false invoices are submitted to the organisation for re-imbursement. Such frauds account for almost 50 per cent of the total losses incurred by the organisations because of employee frauds.

Other types of frauds faced by the organisations are:

• Keeping a secret share of commissions from suppliers for self
• Counterfeiting or faking the company cheques
• Purchase of goods for personal use on company expense
• Manipulating customer’s accounts
• Using official information for personal benefits
• Forging financial statements
• Misappropriation of other company resources
• Corporate espionage

Frauds related to manipulating and misusing the power to access the confidential information about the customers and the organisation and theft of data were also found to be more common than the rest.

Dimensions of frauds:
Any or every employee/ executive fraud, has the following magnitude or dimensions:

• The human dimension - There is always a human mind behind every executive fraud. It has been found to be of an internal employee or management in 90 per cent of the cases. Employees use their power and intelligence for corporate espionage.
• The technology dimension - Technology has emerged as a very important dimension to the employee frauds. New technologies have given way to unethical practices like hacking etc. On one hand, where the information technology can be effectively used to check frauds, it can and is giving opportunities and assistance to the people in planning and executing frauds.
• The legal dimension – The last dimension is the legal dimension that the legal framework and the institutional system regarding the frauds. It also includes organizational practices and policies regarding frauds.

Detection of frauds
According to the survey report of KPMG, a majority of the frauds were exposed by internal controls or check measures. Whistle-blowers or, many a times, anonymous notifications received also help to detect frauds. What follows the detection is the investigation by the management of the organisation , a review of the entire situation, followed by actions like firing the concerned employee, formal police investigation, and sometimes – letting the employee resign. 

The study by KPMG also sights the fact that most of the Indian organisations are unprepared to detect, handle or deal with fraud. Also, shocking was the fact that as much as 77 per cent of the respondents do not even conduct or has fraud diagnostic review systems in their organisations; nor do 84 per cent of the respondents have a written fraud policy. Assured of their security and internal control systems, 52 percent of the respondents (corporate heads) did not consider frauds as a threat or major problem.

Scenario in Indian sectors
The percentage of risk from corporate espionage of the information communication and entertainment sectors, and financial sector of India (including all the financial service providers) is as high as 84 and 81 per cent respectively. But the sector which is facing the frequent brunt of the problem is the emerging BPO sector in India. Cases of frauds in BPO sector, employees using the customer’s confidential information, manipulation in accounts are getting common. The reasons being quoted for the increasing number of frauds are:

• Weakening of society's values,
• The growing economic pressures,
• More sophisticated technologies to assist criminals
• Urbane and intelligent criminals and
• Inadequate punishment for those who are caught

Solutions
The first and the foremost solution to the problem are the reference checks and affirming the employee details of the employees before their confirmation in an organisation. To reduce the possibilities of frauds, it is advisable to design and incorporate the fraud diagnostic systems in the organisations creating internal detection systems. Also, regular periodic rotation of the staff can help reduce the possibilities of the employee frauds. There are also 185 certified fraud examiners (as on Jan’06) in India. There information is available on the website of Association of Certified Fraud Examiners. (www.acfe.com)

It is also being planned to create a common database for an industry vertical by all organisations of all employees who have been identified and have been proved as fraudsters in the past. This would help the other companies to check for them before hiring them for their organisation.

Employee Fraud Conference - India might be losing $40 Billion to frauds

India's first dedicated conference on Employee frauds was held in Taj Westend on 14th March'2008. This conference gathered a huge response from across the sectors. Participants from the companies like TATA Motor Finace, TATA Steel, Fullerton India, Perot Systems, TCS, Infosys, Wipro, Syntel, ICICI Bank, ICICI Lombard, Centurion Bank, HSBC, Orchid Hotel, FirstSource, Lab Systems, Nokia, Saraansh Software  gathered at this event. It was India's first focused event on Employee Frauds. Banaglore city would be remembered in the history as the hosts of this conference.

Pinkerton Consulting which were the exclusive sponsors of this conference made a impressive start in the industry. Pinkerton focus on the fraud investigations and background verification of the employees mostly in the IT Sector. Pinkerton not only sponsored the conference but under the leadership of Mr. Krishnendu Biswas they also acted as the Knowledge Partners for this conference and played a very important role by offering the knowledge they have gathered from various assignments on Employee frauds. Pinkerton could be a low cost substitute to the services offered by the multinational firms.

The conference focused on various issues and eminent speakers covered the interesting topics in this conference. Capt. Percy Jokhi - CSO of FirstSource discussed the fraud cases across Banking, BPO and Hospitality Industry. Selam Raveendhrun who pioneered the fraud control unit efforts in banking industry in India discussed the financial impacts of Frauds. He alerted the industries about India's economy crossing the mark of $ 1 trillion. Babu Jayendran who mentioned about the software to check the insider data leakage was quoted in Hindustan Times and also in Economic Times. Yash Maruli who shared some of the real life cases with the actually forged documents was also mentioned in this story of Hindustan Times. Vikram Tiwathia CIO of CII was quoted by Business standard in an exclusive story.

All the speaker presentations are available for download till 31st March'2008.

Since it was a very unique kind of a conference media covered this event very enthusiastically. All the mainline newspapers talked about the Quantum of the frauds India is losing out.

• Sify                  
• Zee News                 
• Hindu Business Line              
• Times of India
• AOL
• Bangalore Live

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