Economic Impact of the Indonesian Mineral Law

Economic Impact of the Indonesian Mineral Law Abstract Raw mineral ores is one of excellence natural product in Indonesia. For many years, the mineral mining company in Indonesia can export raw mineral ores directly over the world. A new mining law mandates the mining company to process the ores domestically then export its product. The government purpose is to increase value added of the mineral ores and creates domestic industry activity. The problem arises since there are only few smelters which ready to process the mineral ores. In short run, this new law has a negative impact to mineral export activity and GDP growth become slower. 1 Introduction Indonesia is one of rich countries with abundant mineral resource. Bauxite, copper, gold, nickel and tin are Indonesia’s excellence mineral resource export product. This mineral ores are spread over in Indonesia region, mostly in Kalimantan Island, Papua Island, Sumatra Island and Sulawesi Island. The latest report of U.S. Geological Survey (USGS) mentions the estimation of bauxite reserves in Indonesia is 1,000,000 metric ton, ranked Indonesia in 6th of biggest bauxite reserves in the world. Meanwhile the reserve of Indonesia’s copper is 28,000 metric ton, the 8th largest in the world. Gold reserve is 3,000 metric ton, placed in 5th largest reserves in the world. Other Indonesia resources, nickel and tin are estimated 3,900,000 and 800,000 metric ton reserved beneath the earth. Indonesia’s nickel is 6th largest deposit and tin reserve ranked this country at 2nd position in the world (USGS, 2014). Figure 1.Production per year its reserves (bauxite, nickel, tin) (source: USGS, 2014) Figure 2.Production per year its reserves (copper, gold) (source: USGS, 2014) These generous resources are being used by Indonesian government to add national income by export the mineral ores to foreign country. Since 1967, Indonesian government attracts foreign company to invest in mining sector. To regulate the Foreign Direct Investment (FDI) in mining sector, the government had been issued several mining law which has revised over the time. Since then, the mining sector is become favorite among foreign investor (Bhasin Venkataramany, 2007). These mining activities contribute to Indonesia’s Gross Domestic Product (GDP). Together with oil gas and quarrying, mining sector accounted with 7% in real GDP at 2012 (at constant prices). Even though this sector does not contribute more in contrary with another natural resource e.g.: agriculture, livestock, forestry and fishery with 12% contribution in GDP, mineral sector still contribute USD 61.3 billion in Indonesia’s total GDP of USD 875.72 billion Figure 3. Indonesia GDP 2012 at constant prices (source: Central Bureau of Statistics) 2 Indonesia New Mining Law After spending almost four years discussion in the House of Representatives, on 16th December of 2008 the parliament members agreed a new mining law, replacing old mining law which had been applied almost 40 years. This new mining law officially signed by the president on January 2009 and the law is known as Law No.4/2009 Concerning Mineral and Coal Mining (Syahrir, Bongaerts, Drebenstedt, 2013). The government’s purpose to implement this new mining law is not only regulates the contract term for foreign investor company and obligate them to have a mining license, but also better environment and increasing added value of mineral resources (Syahrir et al., 2013). In order to protect the environment area which affected by mining operation, the new mining law also regulate the mining company to keep the environment and ensure them to fulfill the minimum requirement of environmental standard operational based on their level of license. Beside the environment purpose, the new law also regulates the company to undertake domestic processing. The Law no.4/ 2009, Chapter XIII, article 102 and 103 stated: Article 102 The holders of Mining Business License (IUP) and Special Mining Business License (IUPK) shall increase the added value of mineral and/or coal resources in carrying out mining, processing and purification activities as well as in making use mineral and coal. Article 103 The holders of Mining Business License (IUP) and Special Mining Business License (IUPK) for operational production shall process and purify output of the domestic mining. The holders of IUP and IUPK as referred to in paragraph (1) can process and purify the mining output from others holders of IUP and IUPK. Further provisions on the need to increase the added value as referred to in Article 102 as well as on the processing and purification as referred to in paragraph (2) are to be provided for in government regulation. Furthermore, the Ministry of Energy and Mineral Resource (MoEMR) also issued a regulation no.34/2009 in order to control production and export of mining product. This is reflected from article 5 MoEMR no.34/2009 which stated: The Mining Company as cited in Article 3 paragraph (1) shall be allowed to export the mineral or coal as long as it is capable of fulfilling a Minimal Percentage of Mineral Sale or Minimal Percentage of Coal Sale. This policy issued as government want to ensure the supply for increasing domestic demand. With this Ministry Regulation, the company may export their production, but is encouraged to fulfill domestic demand which calculated by Domestic Market Obligation (DMO) (PricewaterhouseCoopers, 2012). Despite this new mining law was signed on five years ago in 2009; the effect will be enforced on 12 January 2014. Therefore, after 12 January 2014 the mining company cannot export mineral unprocessed. This situation is totally different when in the old mining rules regime[1], the mining company still allowed to shipping the mineral ores directly to their buyer; industrial countries, such as: China, Japan, EU countries and United States. At that time the mineral ores are exported and then processed by the buyer in order to add the value of ores product. Later, Indonesia’s industry sector will import the metal product to supply their production (Syahrir et al., 2013). For example: Indonesia shipyard industries have to import steel from China where the China’s steel plant produced steel from Indonesia’s iron ores. Based on this situation, the idea of adding value to mineral resource in Indonesia came to surface. And later the President of Indonesia Republic signed it as the new mining law. This law and regulation will close the mining company’s curtain to export the mineral resources directly to the buyer unless the mineral is processed domestically. 3 The Lack Preparation of Mineral Refinery Sector After the new law has been signed on December 2009, the mineral resources have to be processed or extracted in domestic smelter or extractor. In the other hand there are only three available mining refinery in Indonesia by 2012: PT Aneka Tambang, PT Indonesia Asahan Aluminium and PT Smelting (Hogan Lovells, 2012). After another regulation MoEMR reg. no.7/2012 come into force to mandate the mining companies to increasing the value through mineral processing, some mining company are intended to invest smelter in Indonesia which are: PT Vale Indonesia, PT Freeport Indonesia, PT Newmont Nusa Tenggara, PT Weda Bay Nickel, PT Jogja Magasa Iron and PT Agincourt Resources. Those mining companies should build mining refinery in order to comply the law even though they are facing uncertainty condition to build a smelter caused by unrealistic deadlines and unclear concept of Contract of Work (CoW) (McBeth, 2014). Indonesia’s inconsistence policy and high risk investment made the companies considering build a smelter are decreasing (Jensen Burton, 2014). This unprepared mineral refinery industry to anticipate the new mining law is being unhealthy to Indonesian mining sector as their ore cannot be shipped. Fortunately, the government already received several refinery plant proposals coming from domestic investor and foreign investor. However only three are expected to start the project this year with takes at least 5 years to complete (Jensen Burton, 2014). 4 The Effect of Mineral Law As mentioned above, there is some increasing amount of mineral ores in mining companies’ stock pile as it cannot be shipped over the world. After the new mining law has been applied, the export activity especially in mining sector is decrease which can be shown by following figure: Figure 4.Export of Mineral Ores (source: Ministry of Trade) The figures describing the export of mineral ores; especially: tin, copper, nickel and aluminum. After the new law has been signed, the mining companies start to boost the production in order to add extra revenue before they could not export the ores unprocessed. When the MoEMR no.7/2012 released to mandate them to increasing mineral value added, they start to slow down the production as they cannot export directly to their buyer. Table 1.GDP growth quarterly at constant price (source: Central Bureau of Statistics) This condition also affecting Indonesia’s GDP growth as the mineral trade also contribute to Indonesia GDP as shown in previous table. From nine sectors of GDP contributor, only mining and quarry sector which decrease consecutively in 1st quarter and 2nd quarter of 2014. Throughout the first quarter of this year, the value-added mining and quarrying decreased about 0.38% when compared with last year in the same quarter. If calculated based on constant 2000 prices, the value added produced by the sector in the first quarter of 2014 was only Rp 48.2 trillion. The figure is lower than the first quarter of 2013 amounted to Rp 48.4 trillion and fourth quarter 2013 amounted to Rp 50 trillion (Central Bureau of Statistics, 2014). However, in the trade, export of coal only US $ 5.63 billion, down 13.29% compared to the first quarter of 2013 amounted to US $ 6.49 billion. In fact, coal became the biggest contributor to non-oil exports. So that the growth of exports to the first quarter of 2014 GDP is minus 0.78% (Central Bureau of Statistics, 2014) 5 Conclusion In the short run, the result of new mining law is negative to mining trade activity and to national income growth. In the long run after the smelter built, the mining sector will increase again and the domestic industry also growth since the mineral ores should be processed domestically. As the result, in the long term this law will lead greater national income growth. Literature References: Bhasin, B., Venkataramany, S. (2007). Mining Law and Policy: Replacing the â€Å" Contract of Work † System in Indonesia Mining Law and Policy: Replacing the â€Å" Contract of Work † System in Indonesia, 1–16. Central Bureau of Statistics. (2014). Pertumbuhan Ekonomi Indonesia Triwulan II-2014, (63). Gandataruna, K., Haymon, K. (2011). A Dream Denied? Mining Legislation and The Constitution in Indonesia. Bulletin of Indonesian Economic Studies, 47(2), 221–231. doi:10.1080/00074918.2011.585951 Hogan Lovells. (2012). Investment in Indonesia ’ s Mineral Refining and Processing Sector: Value-added Regulations and Industrial Policy, (July). Jensen, F., Burton, M. (2014). As smelters weigh cost, Indonesia’s ore export ban may backfire. Retrieved December 11, 2014, from http://www.reuters.com/article/2014/01/27/indonesia-minerals-smelters-idUSL3N0KY20P20140127 McBeth, J. (2014). How to kill an industry in Indonesia. Retrieved December 11, 2014, from http://www.atimes.com/atimes/Southeast_Asia/SEA-01-100214.html PricewaterhouseCoopers. (2012). Mining in Indonesia Investment and Taxation Guide, 4th Editio(April). Syahrir, R., Bongaerts, J. C., Drebenstedt, C. (2013). The Future of Indonesian Mining Activities after the Implementation of Law Number 4 of 2009 Concerning Mineral and Coal Mining ( The New Mining Law ). IMRE Journal, 7(4). USGS. (2014). Mineral Commodity Summaries 2014. [1] The mining predecessor law no.11/1967 used over than 40 years in Indonesia mining industry. At that time, the mining company which most of them is foreign investor act as contractor under government and tied with Contract of Work (CoW) agreement (Gandataruna Haymon, 2011)

Kraft Food Essay

Kraft food is in more than 170 countries around the world, were Hansen’s is located in Corona California. Kraft foods and Hansen’s both have face book and tweeter page. The Kraft website has more users friendly you can go on there and click on the different products and on some of the products they offer coupons and pretty detail description of the product. There is so much on the Kraft website that it can be over whelming because there are so many options on the page. Hansen’s website is nice and pleasant to the eye it feels more homely. It makes you feel like you are not looking at a huge company website. Kraft has so many products that there are a lot of generic products out their trying to replicate Kraft’s product. Also with Kraft’s known overseas they have to deal with the competition their also because there are so many food companies out there. Kraft is able to keep up with their competition by doing more research that will appeal to their customers. For instance the latest thing is recycling so Kraft has developed new ways to package their products and using recycled products and making sure when they make this packaging they do not have any waste. These appeals to a lot of people because of the think green motto. Kraft also keeps coming up with new products so can stay ahead of their competitors. Hansen’s products are more originally with the organic sodas and energy drinks so there are not too many generic products that compare to their product. They also are doing something that is very popular, their products are free of preservatives and no artificial flavors which what a lot people are looking at because of all the other chemicals in food people are looking for things that are organic. I think that both of these companies are on good paths thru survival thru globalization because they now their places in the market.

Controversial Topics to Write a High School Essay about Features

Controversial Topics to Write a High School Essay about Features Comments on social media have to be secured by a totally free speech. Schools ought to start teaching multiculturalism. Controversial essay is just one of the most anticipated types of a term paper for each college student. If you're in a college and wish to compose an argumentative essay, you should pick a subject of high importance. The essay is an assignment that all these students have to compose many times in a wide variety of classes above their lifetimes. PTC of students isn't a good idea. College is for a high amount of study. Another reason is to observe how well students argue on unique views and demonstrate understanding of the studied subject. Top Choices of Controversial Topics to Write a High School Essay about Argumentative essay is about arguing and debating on a subject, which is debatable. Marijuana should acquire legal. Debate the problem, but don't preach to the readers. Understanding how to compose a strong argumentative paper will help you advance your very own argumentative thinking. There are lots of theories about how to compose such texts and you'll be able to say that all of them have something which is going to be the reality. Rich folks should pay far more taxes than a layman. It's possible to also write about a typical problem that lots of individuals are speaking about nowadays and bring your fresh ideas to the discussion. Write about the very first time once you felt pressured to adhere to a specific gender role. By way of example, in college, you might be requested to compose a paper from the opposing standpoint. On the flip side, bear in mind your essay can be offensive to someone. It is possible to provoke your audience to take part in a specific action that is essential to deal with the issue or issue discussed in your essay. Employ an expert essay writer to receive your paper written from scratch. Argumentative writings is a particular kind of a paper. An argumentative essay is a certain sort of academic writing. It requires you to decide on a topic and take a position on it. Another good idea is to receive some completely free essay examples of different kinds and on various subjects to find a general idea of the way in which a thriving debatable paper looks. Actually, plenty of argumentative essays are in reality persuasive papers. When it has to do with writing an argumentative essay, the most essential matter to do is to select a topic and an argument that you could really get behind. Take a look at how to develop an essay topic! Finally the essay work has to be edited and can be shown. If you're thinking about how to compose a persuasive essay, you must know that writing an essay is a complicated course of action. To discover argumentative essay topics easy on various platforms, you will need to comprehend about the argumentative essay. Informative essays are somewhat more descriptive. Controversial Topics to Write a High School Essay about - Overview The very first thing you ought to learn about a persuasive essay is the simple fact which you are ready to pick your own sort of structure. Your topic choice may differ based on particular intent. There's a widespread problem you have to fulfill a deadline, but you need zero idea what things to write about. The absolute most important element to think about when planning your controversial speech is choosing a fantastic topic that suits your personality. Controversial Topics to Write a High School Essay about The introduction part has to be catchy. Do not become scared by them, since it only is apparently difficult, while in practice you will find a really effortless job, where you just have to consider the topic that you are likely to choose from the variety of different persuasive essay topics. It is crucial to select a great topic to be able to compose a fantastic paper. After you are aware that you need to locate unique persuasive essay topics to be able to compose the very best text possible, it's the opportunity to consider how to study the structure of such texts. It is a good idea to steer clear of argument essay topics on moral issues because they don't support logical discussion. To get the absolute most from the education essay topics, explore the many resources about the problem you're writing about. Based on your audience, you can decide to research different aspects of your preferred controversial topics. There are lots of aspects about a sport which can be argued in an essay.

Relationship Between Parental Involvement And Student...

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Brand Market Expansion Brand Kenzo 1 1 - 2328 Words

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Defective Good in Law Free Essays

string(315) " law in India LIABILITY FOR MANUFACTURING OR DISTRIBUTING A DEFECTIVE PRODUCT IN INDIA In India, Product liability law, also called â€Å"products liability†, governs the liability of manufacturers, wholesalers, distributors, and vendors for injury to a person or property caused by dangerous or defective products\." INTRODUCTION WHAT ARE GOODS Goods have been defined in the Sale of Goods Act, 1930 as every kind of moveable property other than actionable claims and money; and include stock and shares, growing crops, grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale. The Consumer Protection Act, 1986 lays down that defect means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force under any contract, express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods. An average Indian consumer is noted for his patience and tolerance. We will write a custom essay sample on Defective Good in Law or any similar topic only for you Order Now Perhaps because of these two traditional traits and due to the influence of the Mahabharata, the Ramayana and the Bhagavad Gita, he considers the receipt of defective goods and services as an act of fate or unfavourable planetary position in his horoscope. When a new television or refrigerator purchased by him turns out to be defective from day one, he takes it reticently, blaming it on his fate or as the consequence of the wrongs committed by him in his previous birth. Very often he is exploited, put to avoidable inconveniences and suffers financial loss. It is rather paradoxical that the customer is advertised as the â€Å"king† by the seller and service provider, but in actual practice treated as a slave or servant. Goods are purchased by him along with the label â€Å"Items once sold by us will never be received back under any circumstances whatsoever. WHAT ARE DEFECTIVE GOODS A product is in a defective condition, unreasonably dangerous to the user, when it has a propensity or tendency for causing physical harm beyond that which would be contemplated by the ordinary user, having ordinary knowledge of the product’s characteristics commonly known to the foreseeable class of persons who would normally use the product. With regard to the issue of ‘legal cause,’ a defective condition is a legal cause of injury if it directly and in natural and continuous sequence produces or contributes substantially to producing such injury, so that it can reasonably be said hat, except for the defective condition, the injury complained of would not have occurred. A defective condition may be a legal cause of damage even though it operates in combination with the act of another, some natural cause, or some other cause if such other cause occurs at the same time as the defective condition and if the defective condition contributes substantially to producing such damage. Thus, in cases involving allegedly defective, unreasonably dangerous products, the manufacturer may be liable even though you may find that it exercised all reasonable care in the design, manufacture and sale of the product in question. On the other hand, any failure of a manufacturer of a product to adopt the most modern, or even a better safeguard, does not make the manufacturer legally liable to a person injured by that product. The manufacturer is not a guarantor that nobody will get hurt in using its product, and a product is not defective or unreasonably dangerous merely because it is possible to be injured while using it. There is no duty upon the manufacturer to produce a product that is ‘accident-proof. ‘ What the manufacturer is required to do is to make a product which is free from defective and unreasonably dangerous conditions. Any consumer who receives any defective goods can make a complaint. A consumer cannot make a complaint if the defective item. CASE STUDY: Mahender purchased one Britannia Good Day Biscuit packet and one Little Hearts biscuit packet at a ration shop. M/s Sri Raja Rajeshwari General Stainless Steel Shop for Rs. 17/- and got the receipt for the same. He took the biscuit packet to his house and handed over the Little Hearts Biscuit packet to his younger son aged about seven years. After sometime his son started weeping. On questioning him he said that the biscuit packet had no biscuits in it. Then Mahender himself checked and found that the sealed packets did not contain any biscuit. He filed a complaint in the District Forum. The manufacturer did nothing and denied the supply of the biscuit packets without biscuits but filled with air. Mahindra claimed damages and compensation of Rs. 60,000/- on the ground that his son kept weeping for the whole night after seeing the empty biscuit packet. Further, the manufacturer, Britannia Company alleged that Mahindra colluded with the retail owner and filed the complaint to extract money. Instead of accepting that some random defective pack came into the market and solve a simple matter like this, the manufacturer Britannia Company made false allegations that it was a concocted story. The District Forum held that it is an unfair trade practice to supply empty packs without biscuits. It directed them to pay Rs. 2,000/- as compensation and Rs. 500/- as costs of complaint to be paid within one month. ? DEFECTIVE PRODUCTS Defective products may cause injuries even serious injuries to an individual. In fact, it is the cause of thousands of injuries every year. This may be due to the manufacturers or to the corporations who design and sell the products but do not consider the well-being of the consumers. These manufacturers are more of profit than safety of the products. Thus, it put buyers to risk and danger. When you are injured or harm in any way by a faulty product, you should seek a defective product injury lawyers who could help you to make the negligent party liable for producing unsafe products. These are the products that consumers buy which usually has defects: Brakes Tires Airbags Restraint system such as seat belts Firearms Farm equipment Helmet Prosthetics Pharmaceuticals Products and Strict Liability Product Liability law in India LIABILITY FOR MANUFACTURING OR DISTRIBUTING A DEFECTIVE PRODUCT IN INDIA In India, Product liability law, also called â€Å"products liability†, governs the liability of manufacturers, wholesalers, distributors, and vendors for injury to a person or property caused by dangerous or defective products. You read "Defective Good in Law" in category "Papers" The goal of product liability laws is to help protect consumers from dangerous or defective products, while holding manufacturers, distributors, and retailers responsible for putting into the market place products that they knew or should have known were dangerous or defective. Under the law, a victim has three grounds on which a defective product claim may be based and liability of the manufacturer may be established in the case: 1. Marketing defects – it is very important that a product includes warnings. Warnings should tell consumers about the dangers of the product, including instructions on how to use it. Marketing defect are those products without warnings or with improper warnings about the products possible threats. 2. Manufacturing Defects- these include defects that occurred when manufacturing the product or during the process of making it. . Design defects- a flaw or defect to the product that were not detected during the design process. This defect is inherent and exists even before the product is made. Meanwhile, strict liability does not rely on the level of carefulness. It is not important whether the manufacturer exercise great care. As long as the product they produced or sold is defective and caused harm to a person, they will be h eld automatically liable. Also, strict liability allows a person who was injured by a defective product, to obtain compensation from the manufacturer or seller of the product. Even if the other party is negligent, you can still get remuneration for damages. This is because manufacturer, seller or retailer has a responsibility for any product they produce. Civil Product liability in India is, essentially, governed by: a) The Consumer Protection Act, 1986 b) The Sales of Goods Act, 1930 c) The Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as the â€Å"MRTP Act†) d) The law of Torts. e) special statues pertaining to specific goods. CASE STUDY: In a Pair, one Shoe is longer than the other Anand Raj had purchased a pair of shoes from M/s. Metro Shoes Ltd. for Rs. 2,190/-. After one day’s use he was shocked to find that the shoes were defective as one of them was longer than the other. He rushed to the shop for an exchange. That was denied to him, but they offered to rectify the defect. M/s Metro Shoes Ltd. tried to rectify the same but Anand Raj found it uncomfortable to wear even after repairs. Complaint was filed in the District Forum. Metro Shoes denied their liability and argued that the cash memo given to the purchaser reads as ‘Exchange within 15 days for unused pair with price tag intact’. It was not that the shoes were used extensively as they were brought to the shop immediately. During the proceedings in the District forum, Metro Shoes Limited agreed to replace the said pair of shoes but all the same Anand Raj was put to inconvenience and forced to take matter to a consumer forum. The District Forum held Metro Shoes Ltd. deficient in service for selling a defective product and directed them to pay Rs. 2,190/- after receiving the said pair of shoes from Anand Raj along with a compensation of Rs. 1000 and Rs. 500 as costs. Anand Raj. B. v. M/s Metro Shoes Ltd. , C. C. No. 261 of 2008, decided on 9-6-2008. What are the reliefs available to consumers? Consumer courts may grant one or more of the following reliefs:- A) Repair of defective goods. B) Replacement of defective goods. C) Refund of price paid for the defective goods or service. D) Removal of deficiency in service. E) Refund of extra money charge. F) Withdrawal of goods hazardous to life and safety. G) Compensation for the loss or injury suffered by the consumer due to negligence of the opposite party. H) Adequate cost of filing and pursuing the complaint. I) Grant of punitive damages. What Is The Legislation That Ensures All These Rights? It is the Consumer Protection Act, 1986. The act seeks to promote and protects the interest of consumers against deficiencies and defects in goods or services. It also seeks to secure the rights of a consumer against unfair or restrictive trade practices, which may be practiced by manufacturers and traders. There are various levels of ad judicatory authorities that are set up under the Act, which provide a forum for consumers to seek redressal of their grievances in an effective and simple manner. When can I approach a consumer court? You can approach the consumer guidance society and consumer court if the goods you have purchased have any defect in quality quantity, purity or standard. You may also do so if the service you have paid for has any fault, shortcoming or inadequacy. In the quality, nature and manner of performance. The list of services is long, including the nature of transport, telephones, electricity construction, banking, insurance, medical treatment, etc. By and large, services of Professionals such as doctors, engineers, architects, lawyers, etc come under the purview of consumer courts. What happens if I have bought the goods on installments? Even if you have partly paid for an item or service or under any method of deferred payment you can file a complaint if it is defective or deficient. Can I file a complaint in case the good is purchased for a commercial purpose? No. If the purchase of goods (or service) is for commercial or resale purpose, you cannot file a complaint in the consumer courts. You have to approach the civil court. There is an exception though. If you are a self-employed person and the product (or service) is exclusively for the purpose of earning your livelihood, you may approach the consumer court. Is there a time limit to filing a complaint? Yes. The complaint is to be filed within two years from the date on which cause of action has arisen unless it can be proved that there was a good enough reason for filing a complaint after the lapse of two years. CASE STUDY Imported Magnetic Bed – Defective and Ineffective Lakshmana Reddy purchased a magnetic bed for Rs. 1,48,500/- from the Frontier Trading. This was an imported bed from Japan, which was called ‘Japan Life Total Sleeping System’. It was supposed to help in ailments including polio, paralysis etc. Literature regarding this magnetic bed and leaflets were shown to Lakshmana Reddy by their agents who pursued him continuously for purchasing it. Lakshmana Reddy was a polio-paralytic patient and after taking intensive medical treatment and physiotherapy exercises he completely recovered with regard to his right leg and to some extent with regard to his left leg within a period of two years and started walking by using caliper on his left leg and with the help of hand stick. In 2000, he purchased the Japan Life Sleeping System. He did not get any relief; in fact, he started having giddiness. It did not make any improvement in the left lower limb muscle and the experts informed him that it was unlikely to improve in future. He had no improvement in his health after purchasing and using the magnetic bed. Case was registered against the agent in the police station and the Commissioner of police also inquired about cheating by the agents. It was also published in the newspapers that this agent has been cheating not only Lakshmana Reddy but many others. The District Forum held that it was deficiency in service on the part of the agent and the rest and made them jointly and severally liable to pay a sum of Rs. ,48,500/- along with interest at 12% p. a. from 01. 04. 2000 till the date of payment with compensation of Rs. 10,000/- and Rs. 1,000/- as costs. WHO CAN FILE A COMPLAINT? †¢A consumer †¢Any voluntary consumer organization registered under the Societies Registration Act, 1860 or under the Companies Act, 1956 or under any other law for the time being in force â € ¢The Central Government †¢The State Government or Union Territory Administrations †¢One or more consumers on behalf of numerous consumers, having the same interest (Class action complaints) WHERE TO FILE A COMPLAIN: If the cost of goods or services and compensation asked for is up to Rs five laky, then the complaint can be filed in the District Forum located at Pushpa Heights, Pune Satara Highway, Bhiwandi corner. †¢If the cost of goods or services and compensation asked for is more than Rs five lakh , but less than Rs 20 lakh then the complaint can be filed before the State Commission notified by the State Government or Union Territory concerned †¢If the cost of goods or services and compensation asked for exceeds Rs 20 lakh then the complaint can be filed before the National Commission at New Delhi. FILING PROCEDURE PROCEDURE FOR FILING COMPLAINT: A complaint can be filed by a complainant against the seller, manufacturer, or dealer of goods which are defective or against the provider of services, if they are deficient in any manner whatsoever. An unfair trade practice or restrictive trade practice can also invite complaint. A complaint can be a:- (a) Consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided; (b) A firm registered or unregistered (c) An individual (d) Hindu Undivided Family. e) A cooperative society or any other association of persons (f) The Central or the State Government; and (g) in case of death of a consumer his legal heirs of representatives Along with the complaint, the complainant is required to file copies of supporting documents, i. e. , cash memo, receipts, agreements, etc. The complainant is required to file 3 copies of the complaint, together with enclosures, for official pur pose plus copies for the number of Opposite Parties. The complaint should be filed along with fee in the form of Postal Order/ Demand Draft according to the amount of compensation claimed. JURISDICTION FOR FILING COMPLAINTS In terms of the provisions contained in the Consumer Protection Act, 1986, complaints:- 1. Where the value of goods or services and compensation, if any, claimed below Rs. Twenty Lacs or upto Rs. Twenty Lacs, can be filed before State Commission. 1. Where the value of goods or services and compensation, if any, claimed exceeds Rs. Twenty Lacs but does not exceed Rs. One crore, can be filed before State Commission. The complaints can be filed at the Filing Counter of the State Commission on every working day from 10. 30 a. m. to 1. 30 p. m. How to cite Defective Good in Law, Papers

Terrorism Influences free essay sample

Through the last 200 years, the concept of terrorism has been used to as a reference to political motivations and has been used a way to obtain liberation, oppression, and international global politics (â€Å"State Of Delaware†, 2012). Since the terrorist attacks, police departments have adopted homeland security measures. Every police department has a homeland security measure and also added counterterrorism to their regular mission to enhance their capabilities. Police departments have obtained terrorism related equipment and training and recent grant allocations are a clear illustration of how things have changed since 9/11. Communities and individuals are more aware of their surroundings and are willing to cooperate with new security measures created as a result of terrorist attacks. â€Å"Through the past two hundred years, terrorism has been used to achieve political ends and has developed as a tool for liberation, oppression, and international global politics† (â€Å"State Of Delaware†, 2012). The Russian Revolution and Irish Republican Army Influence on Western Hemisphere The Russian revolution was responsible for the deaths of thousands of people. It was here that the idealization of revolutionary terrorism first surfaced. â€Å"Revolutionary Terrorism emerged as a strategic companion piece to the rise of various ideologies in the middle 1800s. Hand-in-hand with the failure of the relatively peaceful revolutions which had swept across Europe in 1848, many nationalists, anarchists and socialists were tempted by the politics of the gun† (Bowen, 2011). The Irish Republican Army (IRA), fought an insurgency that challenged British rule during the twentieth century. Warfare between 1916-1921 created an independent Irish Free State in 1921. The old IRA’s leadership agreed to allow Ireland’s six northern counties to remain under British rule. The IRA rejected this partition so it organized a civil war. During the late 1960’s, feelings of discrimination against Catholics in Northern Ireland instigated civil disobedience and violence. â€Å"The Irish Rebellion (1919 1921) The Irish War of 1919 brought three concepts to the development of terrorism (1) selective terrorism, (2) sustained terror over time and (3) cell operations† (â€Å"State Of Delaware†, 2012). During the late 1960’s, the IRA used to be considered one of the most dangerous terrorist organizations in the world. The IRA is responsible for 1,800 deaths that include 650 civilians, British troops, police officers, prison guards, and judges. Many of these people were unarmed or off-duty officers (Gregory, 2010). The Russian revolution and the Irish Republican Army influenced terrorism in the Western hemisphere by encouraging people to get involved in activism. Those involved in this activism were motivated by economic and idealistic reasons. College students who were encountering bad economic situations and who blamed the government for the hardships engaged in violent acts as a way to destroy industrialized capitalist structures. The Irish war provided the concept of terrorism to change aspects in society. They also introduced the concept of cell operation. Each cell has a specific goal or objective and each cell only knows that members who belong to that cell. Left-Wing Guerilla and Right-Wing Terrorism Left-wing guerilla ideological terrorism views the government as authoritarian and corrupt. The ideology for these groups is influenced by communist and socialist views. The FARC (Revolutionary Armed Forces) in Colombia is a left-wing guerrilla. They are anti-American and have drawn support from the other communist and socialist countries such as Cuba and Soviet Union (Hanson, 2009). Right-wing terrorists are anti-Marxist and religious. This group supports the economic system and are usually in rural areas. They concentrate attacks on government figures. Modern right-wing terrorism began to appear in Western Europe around 1980’s. Their beliefs include racism, opposition to immigration and people from other countries. â€Å"Some of these forms of terrorism have long traditions: violence against ethnic, racial, sexual and political minorities has been going on for decades, and even centuries, in some countries† (â€Å"War On Terrorism And Racism†, 2011). Weapons of Mass Destruction and Terrorism The introduction of weapons of mass destruction into terrorism has triggered the creation of new departments that have the responsibility to analyze all types of threat information in a single location. Such weapons include biological, chemical, nuclear and radiological devices, and range from the silent threat of a poison gas attack to a cataclysmic nuclear explosion. Those who would launch such attacks know thousands could die, of course, but their fundamental motive would be to strike fear and panic in tens of millions more† (Porteus, 2006). The likelihood of terrorists being able to produce or ob tain weapons of mass destruction is the result of loose controls of the technology to produce such weapons, during the time of the former Soviet states. Weapons of mass destruction are very hard to produce and obtain. Some terrorist organizations have tried to develop the capabilities for weapons of mass destruction to attack the United States. Terrorist motivations are extreme and their ambitions seem limitless. The main goal is to keep terrorists from accessing materials or the means to manufacture the necessary components for creating weapons of mass destruction. Modern Terrorism and Creation of Department of Homeland Security The Department of Homeland Security was created on November 25, 2002 as a result of the 9/11 attacks. According to the DHS website their mission is the following: â€Å"The vision of homeland security is to ensure a homeland that is safe, secure, and resilient against terrorism and other hazards where American interests, aspirations, and way of life can thrive. Three key concepts form the foundation of our national homeland security strategy designed to achieve this vision: Security, Resilience, and Customs and Exchange†. The Department of Homeland Security was created, as a response to the various security needs the United States needed as a result of modern terrorism. A number of agencies were combined to form the DHS. Modern Terrorism and Interagency Relationships Modern terrorism has changed the relationships between federal, state, and local government, and private corporations in a positive way. The war on terrorism has changed the mission of law enforcement and security agencies by emphasizing the need for interagency cooperation and communication. The Patriot Act is a good example of the need for interagency cooperation. The Patriot Act was created as a response to the 9/11 attacks. It was created to reduce the restrictions law enforcement agencies faced when gathering information during terrorism investigations, it expanded the authority to regulate financial transactions involving foreign individuals and entities broadened the discretion of law enforcement and immigration authorities in detaining and deporting immigrants suspected of terrorism. The definition of terrorism was also expanded and now it included domestic terrorism. As a result of the war on terrorism, law enforcement’s powers have been expanded. In conclusion, the Russian revolution was responsible for the deaths of thousands of people. It was here that the idealization of revolutionary terrorism first surfaced. The Irish Republican Army (IRA) fought an insurgency that challenged British rule during the twentieth century. The Russian revolution and the Irish Republican Army influenced terrorism in the Western hemisphere by encouraging people to get involved in activism. Those involved in this activism were motivated by economic and idealistic reasons. Left-wing guerilla ideological terrorism views the government as authoritarian and corrupt. The ideology for these groups is influenced by communist and socialist views. Right-wing terrorists are anti-Marxist and religious. This group supports the economic system and are usually in rural areas. The introduction of weapons of mass destruction into terrorism has triggered the creation of new departments that have the responsibility to analyze all types of threat information in a single location. The Department of Homeland Security was created, as a response to the various security needs the United States needed as a result of modern terrorism.