Amendment Or Cancellation To Statement Of Qualification Of Limited: Fill & Download for Free

There are so many flaws in the system I find it hard to believe they are tolerated. I believe the system benefits those already in power and is deliberately designed to avoid any risk of losing that power. In that sense, it ‘works’ as designed. At this point in time there is no way that we can honestly say that our government represents we the people. Fixing the voting system would be a start. In addition to that, however, there is also the process for actually making laws, plus we should also increase civic education and citizen participation.This list of flaws is off the top of my head, and not all inclusive, with my suggestions for improvements.The primary process. Require all candidates and ballot issues to collect the same reasonable percentage of voter signatures from a cross section of voters to get on the ballot - no exceptions for party membership or endorsement. Have state funded open primaries.Super delegates. Ban. One human being one vote.Debates. Let the League of Women Voters (or other voter approved nonpartisan group) run the debates. Hold them every month during prime time. Include questions from voters. Include unexpected questions for unprepared responses. Mandatory inclusion of all vetted candidates (sufficient signatures plus other qualifications met)voter registration. Automatic registration. New registration automatically cancels previous registration ensuring only one active registration. No purging of voters allowed. Registration includes a secret pin number (as used by credit cards) in lieu of signatures.Voting method.Ranked choice voting, including “None of the Above”If None of the Above wins, then a totally new slate of candidates will have one month to campaign for a new election. Or whatever technique is used when a candidate is eliminated for other reasons, such as death.Eliminate the spoiler effect by removing any other factors that keep third party candidates out of contention.Voting mechanics.No precinct shall serve more than 1000 voters. No one shall be required to travel more than X miles to vote.Make Voting day a national holiday. All workers must have a chance to vote without risking job loss.Each Voter gets a time stamped number upon arrival and if not allowed to vote within one hour must be given a voucher for 100 dollars off of his/her taxes! Or some such guarantee of timely service.Paper ballots so that hand recounts can be conducted if needed.paper receipt with tracking number that allows for later verification that vote was properly counted.If not voting in person, an absentee ballot may be requested with no need to give a reason. Use the pin number associated with the registration, instead of a signature - if it can work for banking it can work for voting.Voting machines. Secure published software code shall be accessible for inspection by anyone who desires to examine it. Nothing secret allowed. One month and again one day prior to voting day, volunteers may attempt to hack actual random machines to verify their security. The one month test allows time to fix the software or security issue. The one day test verifies that any needed corrections were carried out, and there are no new problems.Voting exit polls vs counts.Any count outside of the margin of error of the exit polls is automatically recounted. Claims that exit polls are not reliable checks on the accuracy of the count are BS.Any race with less than 0.5% spread shall be recounted automatically at district expense. Any race with less than 1% spread (but more than .5%) may be challenged for a recount at the expense of the candidate requesting the recount.Gerrymandering. The ratio of the perimeter to the area of each district shall not exceed X.The population of each district shall be equal to within 1 (?) %.District maps must meet with the approval of a majority of legislators NOT in the majority party.If the ratio of seats won does not match the proportion of total votes cast for each party within 5 (?) %, then the maps shall be redrawn before the next election. (If a party gets X% of the vote they are not entitled to more than X% of the seats.)Electoral College. When a number of states, possessing 270 (or whatever is the current winning number) electoral votes amongst them, agree to vote according to the national popular vote then that winner of the national popular vote will receive those 270 electoral votes and the other states will not matter. This avoids needing a constitutional amendment, but voters in each state will need to ensure that their legislatures do not renege on the agreement.Financing.Campaigns must be publicly financed and expenditures limited. All media must provide X number of minutes/inches/pages per day per candidate of equal value as part of their licensing - public service. Not sure how to deal with free coverage under ‘news’.Corporations must stay out of the fray, except for endorsing candidates. No statements allowed other than “XXX endorses.” The government is, according to the constitution, of, by, and for the people. The owners, executives, and workers are free to speak as private citizens.Campaign content. Without making it illegal since that would be anti-free speech, let’s make it taboo to sling mud. Demand positive statements of reasons to vote FOR a candidate not against. Factual statements of factors that might disqualify an opposing candidate may be stated, but not substituted for policy discussion. It is, of course, up to the public to object to what it considers mud slinging.Lobbying. This should be totally divorced from any and all donations and/or benefits to legislators. Lobbyists may not make donations on their or their clients behalf. They may not write legislation. Consider limiting the number of professional lobbyists to the number of legislators. One each. No limit on private unpaid lobbying. They may make their case but it is up to the legislators to do additional research and write the laws. The legislators are paid to work on laws, not to spend all their time raising funds and meeting with lobbyists.As noted, this is off the top of my head, subject to refinement and editing. I don’t believe their is any one fix, and many parts of the overall package would be difficult to implement fairly. However, it would be difficult to be less fair than what we have now.

Key Provisions of the Bill:-The 2019 Bill seeks to make illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, eligible for citizenship.Consequences of acquiring citizenship:The Bill says that on acquiring citizenship: (i) such persons shall be deemed to be citizens of India from the date of their entry into India, and (ii) all legal proceedings against them in respect of their illegal migration or citizenship will be closedException:Further, the Bill adds that the provisions on citizenship for illegal migrants will not apply to the tribal areas of Assam, Meghalaya, Mizoram, or Tripura, as included in the Sixth Schedule to the Constitution.These tribal areas include Karbi Anglong (in Assam), Garo Hills (in Meghalaya), Chakma District (in Mizoram), and Tripura Tribal Areas district. It will also not apply to the areas under the Inner Line” under the Bengal Eastern Frontier Regulation, 1873. The Inner Line Permit regulates visit of Indians to Arunachal Pradesh, Mizoram, and Nagaland.Citizenship by naturalisation:The Bill created an exception for Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, with regard to this qualification, i.e. acquiring Citizenship by naturalisation method.For these groups of persons, the 11 years’ requirement will be reduced to five years.Grounds for cancelling OCI registration:The Bill added one more ground, besides five grounds mentioned in 1955 Citizenship Act, for cancelling registration, that is, if the OCI has violated any law that is in force in the country.A foreigner may register as an OCI under the 1955 Act if they are of Indian origin (e.g., former citizen of India or their descendants) or the spouse of a person of Indian origin.Issues with this Amendment BillA. Whether differentiating on grounds of religion is a violation of Article 14The question is whether this provision violates the right to equality under Article 14 of the Constitution as it provides differential treatment to illegal migrants on the basis of (a) their country of origin, (b) religion, (c) date of entry into India, and (d) place of residence in India.First, the Bill classifies migrants based on their country of origin to include only Afghanistan, Pakistan and Bangladesh.What is the justification by the government:-The Statement of Objects and Reasons in the Bill (SoR) states that these countries have a state religion, which has resulted in religious persecution of minority groups.Counter Arguments:-While the SoR reasons that millions of citizens of undivided India were living in Pakistan and Bangladesh, no reason has been provided to explain the inclusion of AfghanistanFurther, it is not clear why migrants from these countries are differentiated from migrants from other neighbouring countries such as Sri Lanka (Buddhist state religion) and Myanmar (primacy to Buddhism).Sri Lanka has had a history of persecution of a linguistic minority in the country, the Tamil Eelams. Similarly, Rohingya Muslims in case of Myanmar.Classification based on religious persecution of certain minoritiesArgument against:- It may be argued that there are other religious minorities in these countries, who face religious persecution and may have illegally migrated to IndiaFor example, over the years, there have been reports of persecution of Ahmadiyya Muslims in Pakistan (who are considered non-Muslims in that country)It is unclear why illegal migrants from only six specified religious minorities have been included in the BillWhy there is a differential treatment of migrants based on their date of entry into India, i.e., whether they entered India before or after December 31, 2014Fourth, the Bill also excludes illegal migrants residing in areas covered by the Sixth ScheduleB. Wide discretion to government to cancel OCI registrationIt may be argued that giving the central government the power to prescribe the list of laws whose violation result in cancellation of OCI registration, may amount to an excessive delegation of powers by the legislature.The Supreme Court has held that while delegating powers to an executive authority, the legislature must prescribe a policy, standard, or rule for their guidance, which will set limits on the authority’s powersThe Bill does not provide any guidance on the nature of laws which the central government may notify.Therefore, in the absence of standards, criteria or principles on the types of laws which may be notified by the government, it may be argued that the powers given to the executive may go beyond the permissible limits of valid delegationFor example, the central government may wish to cancel the OCI of a person found guilty of sedition, i.e., under Section 124A of the Indian Penal Code, 1961Detailed Analysis at below link:-[Explained] The Citizenship Amendment Bill, 2019 - IQ Gyan

Why is DIN required?All promoter directors of a company are required to obtain an identification number called the Director Identification Number (DIN) prior to formation of a company. The DIN is issued by the Ministry of Corporate Affairs (MCA).PROCEDURE FOR DIRECTOR IDENTIFICATION NUMBER1. Director Identification Number Allotment - ApplicationNotification no. G.S.R. 648E dated October 19th, 2006 educates the populace on the matter of the addition of Section 266A of the Companies (Amendment) Act, 2006 and has in force as of November 1, 2006. The new section clearly elaborates on who is required to apply for a Director Identification Number (DIN) to the Central Government of India.This list includes:Any individual who is intended for the post of Director of a company.Any Director of a Company who may have been appointed to their post before the Companies (Amendment) Act, 2006.Any individual who has applied for a DIN can be appointed as the Director of an Enterprise, or can continue to hold until a DIN has been allotted to them.Director Identification Number - Allotment ProcedureSection 266B under the Companies (Amendment) Act, 2006 ensures that the Central Government will allot a DIN to an applicant within one month of the application under Section 266A.2. Allotment of Director Identification NumberSection 266B has been inserted by the Companies (Amendment) Act, 2006, and it sanctions that the Central Government shall, within a month of the receivable of the receipt of the application under section 266A, allot a Director Identification Number to said applicant.3. The Director is expected to intimate his company/ companies, post the allotment with the details of Director Identification NumberSection 266D under the Companies (Amendment) Act, 2006 suggests that the Director is obligated to intimate the company/companies about the allotment of the DIN within one month of its receipt. Form DIN-2 should be used for the same.Director Identification Number - Important FeaturesAny person who is a Director of a company or is soon to be appointed to said post should apply for a DIN. It is therefore mandatory for all Directors within a company to possess a DIN of their own.An Application for a DIN by an Individual should be submitted along with a proof of identity, such as a Driving License, Voter ID card, PAN card, ration card, bank statement and/or electricity bill.Proof of Residence is also required along with a DIN Application. This can be verified by providing documents such as a Voter ID card, passport, electricity bill, telephone bill or bank statement.E-filing of forms and documents needs a DIN, and a PAN card will not suffice.Directors of Indian companies who are not Indian citizens must be in possession of a DIN.A DIN is not necessary for Directors of Multi National Companies, and who have an office outside India. No matter how many companies an individual holds the position of Director for; he will require only one DIN. The Directorships of an individual will be mapped through the DIN database.The DIN will not be cancelled even upon the resignation of the individual.5. Prerequisites before appointing an individual to the post of DirectorIts very important to check that the following formalities are met at the time of incorporation, in the case of appointment of first directors of a company:Confirm whether the proposed director is in possession of Directors identification Number (DIN). If the individual does not have a DIN, apply in Form DIN. No company shall appoint or re-appoint any individual as Director of their firm unless they have been allotted a Director Identification Number under section 266B.Obtain consent in plain paper. This shall be filed with the e-form 32.E-form 32 in respect of the first directors is to be prepared and filed with the Registrar accompanied with the consent to act as a director.Any agreement that a company proposes to enter into with any individual in regards to their appointment as a Managing or full-time Director shall be filed with the registrar.E-Form 32 must be filed within 30 days after incorporation. It is advisable to file it at the time of filing of the other documents.Particulars in the Register of directors shall be entered with respect to each Director immediately after their absorption into the company.Particulars of the Directors' shareholding will be entered in the Register of directors' shareholdings [Section 307].Information pertaining to the director's interests in other companies and firms is mandatory. The names of his relatives for the purpose of Section 297 and 299 of the Act will also be obtained. A general notice of the interests under section 299 will be given in Form 24AA, prescribed under the Companies (Central Government's) General Rules & Forms, 1956.How to make application for allotment of DIN?Section 153 of the Companies Act, 2013 read along with Rule 9 of the Companies (Appointment and Qualification of Director) Rules 2014 provides for the provision for applying for allotment of DIN. Any person intends to become a director in a new company is required to apply for the allotment of Director Identification Number only through SPICe (Simplified Proforma for Incorporating Company Electronically).Similarly, for an existing company, he shall have to make an application in eForm DIR-3 for allotment of DIN and should follow the following procedure:Download the form as per your specifications.Create an account on MCA.Login the account.Attach the photograph along with a scanned copy of supporting documents i.e. attested proof of identity and residence as prescribed. Physical documents are not required to be submitted to the DIN cell.Get Form DIR-3 signed by the applicant mandatorily which shall be verified digitally by a company secretary in full time employment of the company or by the Managing Director or Director of an existing company in which the applicant is intended to be appointed as a director.Upon upload, make the payment of filing fee of eForm DIR-3. Only e-payment of the fees shall be allowed (i.e. Net banking / Credit Card / Debit Card / Pay Later / NEFT). eForm DIR-3 will be processed only once the DIN application fee is paid.Post successful payment, an approved DIN shall be generated in case the details of the eForm have not been identified as potential duplicate. Provisional DIN shall be generated in case the details of the eform have been found as potential duplicate. A suitable informational message will be given to the user in this regard in the receipt.In case, details of eForm DIR-3 are found as potential duplicate, the same gets routed to DIN cell for back office processing. Once after the approval, provisional DIN becomes approved and available for further use.Allotment of DINThe central government through its delegated authority process the application filed .The processing of the application made for allotment of DIN is to be done within one month from the date of receipt of application along with the fees. However, after approval of the application submitted by an individual, Central Government communicates the DIN allotted to the applicant within a month.DIN allotment rejectionIn case, the application for DIN allotment is rejected because of wrong/ incomplete information provided, the Central government permits a time limit of 15 days to rectify it. Within the given 15 days, the applicant is required to file a fresh application as per the process explained above but no fee is required for filing such rectification. However, if the applicant fails to make the required rectification, the application becomes invalid and the fee paid thereon is forfeited by the Central Government.OTHER INTERESTING LINKS YOU MAY LIKE:HOSPITAL | PAYROLL | INTERIOR DESIGNING