MEET THE MAN WHO HELPED TO AIRLIFT MORE THAN 4700 DEAD BODIES OF FOREIGN EMPLOYEES WHO DIED IN UAE

MEET THE MAN WHO HELPED TO AIRLIFT MORE 

THAN 4700 DEAD BODIES OF FOREIGN 

EMPLOYEES WHO DIED IN UAE

Meet Mr. Ashraf , a Migrant from Kerala in UAE

Do you know who has signed the application for transporting Actress Sri Devi body from Dubai to Mumbai recently? Is it Boni Kapoor, Sri Devi’s Husband? No. It is by Mr. Ashraf, a Keralite who lives in UAE.

As on date, Mr. Ashraf has helped about 4700 dead bodies’ migrant employees who died at UAE to reach their native nations for last rites.

UAE's Law 

As per UAE laws, a resident in UAE has to sign the legal papers for transporting dead bodies of migrant employees who died in UAE.

Mr. Ashraf, aged 44, who is doing this sacred work without any expectation from anybody for last few decades. You have to just call him through his mobile number and that’s all , he will be there to help you.

Mr. Ashraf is an expert in UAE’s laws and to  all the of the poor migrant employees’ families who died in UAE during their stay at UAE, he is a god . 

Mr.Ashraf's Dedicated Service 

Mr. Ashraf is helping to transport about 30 to 40 dead bodies per month. Only, the families have to pay legal fees that is payable to UAE’s government and Mr.Ashra is not charging any fees for his dedicated bereaved families.

Further , he refused to accept thanks call through phone from the bereaved families for his dedicated services by saying that he is doing his service in the name of Allah and not expecting anything from anybody.

Don't Say Thanks 

Please don’t call me to say thanks as I can concentrate more on other calls for seeking my help to transport their relative’s dead bodies from UAE.

Mr. Ashraf is feeling humble that he is helping those relatives who want to see their deceased relative’s face at least for the last time.

Will the Indian Government and UAE's 

Government Recognize Mr.Ashraf

Mr. Ashraf’s dedicated service to the sofciety is yet to be recognised  by Indian Government and by UAE’s government. Will the External Minister Mrs Sushma Swaraj will come forward to recognise his service?

Will the UAE government come forward to waive the legal fees payable for transporting dead bodies to their native nations as majority of the dead bodies are belonging to poor workmen who have come to UAE for their livelihood?

What are the Compliances for the Hotel Industry in India ?

What are the Compliances for the Hotel Industry in India ?

Compliances for Hotel Industry in India 

The Indian tourism and hospitality industry has emerged as one of the key drivers of growth among the services sector in India. Tourism in India has significant potential considering the rich cultural and historical heritage, variety in ecology, terrains and places of natural beauty spread across the country. Tourism is also a potentially large employment generator besides being a significant source of foreign exchange for the country

The hospitality sector has the potential to be the main driving force behind the growth of the economy. It, however, will be possible only with the right amount of support and incentives from the government in all categories of hotels and not only limited to the luxury and ultra-luxury segment. I believe that the government must provide its full support in incentivizing the sector and the overall taxation on the hospitality sector should be reduced to stimulate its growth and make India competitive against other internationally renowned hospitality chains.

BUSINESS REGISTRATION

It is recommended that a hotel to be setup under an artificial legal entity like company or LLP.

POST INCORPORATION COMPLIANCES:

Company or LLP have to comply post incorporation compliances.

GST REGISTRATION

Every business carrying out a taxable supply of goods or services and whose turnover exceeds the threshold limit is required to register as a normal taxable person. This process of registration is called GST registration. Entities without GST registration would not be allowed to collect GST from a customer or claim input tax credit of GST paid or could be penalised.

GST RETURN FILING

GST return filing is mandatory for all entities having GST registration, irrespective of business activity or sales or profitability during the return filing period.

The beauty of the system is that one has to manually enter details of one monthly return – GSTR-1. The other two returns – GSTR 2 & 3 will get auto-populated by deriving information from GSTR-1 filed by you and your vendors.

FIRE SAFETY PERMIT

A fire safety certificate or permit is required for the Fire Department is a must for operating a hotel business. Fire safety certificate is usually provided if the building has incorporated proper fire prevention and fire safety measures as required under the relevant fire safety rules and regulations.

POLICE LICENSE FOR HOTEL

Hotels are public places that are monitored closely by the Police Department. Therefore, all hotels must maintain proper log of all Guests who have stayed at the hotel, follow relevant regulations and maintain a valid permit from the Police Department.

PF REGISTRATION

Employee Provident Fund (EPF) Registration is required for any establishment that employs more than 20 persons/employee in India. If any Hotel have more than 20 person/employees then EPF registration is mandatory.

ESI REGISTRATION

Employees State Insurance (ESI) registration is mandatory in India for Businesses that employ 10 or more employees. To maintain compliance with the ESI Regulations, the employer must contribute 4.75% of the wages for all employees earning Rs.21,000 or less toward ESI employer dues. The employee is required to contribute 1.75% of his/her wagesas ESI dues.                                               .

SHOPS & ESTABLISHMENTS

Shop and Establishment is a subject matter of state to state. Different state has different Shop and establishment Act. The Shop and Establishment Act is regulated by the Department of Labour and regulates premises wherein any trade, business or profession is carried out.

The act not only regulates the working of commercial establishments, but also societies, charitable trusts, printing establishments, educational institutions run for gain and premises in which banking, insurance, stock or share brokerage is carried on.

BAR LICENSE

If the hotel operates a bar or serves alcohol in the restaurants, a Bar license will be required from the relevant authorities. Bar license is usually provided by departments operating under the State Government. Hence, the requirement for bar license varies from state to state.

FOOD BUSINESS LICENSE

Food business license (FSSAI) under the Food Safety and Standard Act is required for operating a restaurant in India. The FSSAI food business license is usually provided for one year and is renewal at the end of each year.

PROFESSIONAL TAX:

Profession Tax is a tax levied on a person engaged in any profession, trade, calling and employment in India.

OTHER COMPLIANCES:

Other Law and regulations are also applicable on the hotel industry but applicability of other compliances is business to business of the Hotel.

Courtesy: Mr.  Karan Khattri

Conditions Precedents & Damages in Infrastructure Contracts (BOT)

Conditions Precedents & Damages in Infrastructure Contracts (BOT)

BOT Contracts

In most of the Build operate Transfer types of contracts (BOT), we normally see a chapter called conditions Precedent. These conditions precedents impose certain obligations on both the parties which are to be fulfilled or waived off for the starting of the project work by fixing the appointed date. Many a times arbitral tribunals get confused in differentiating the conditions precedents from the other contract terms and conditions.

Conditions Precedent

Conditions precedent are the conditions which are to be full filled by the parties to the contract before starting the main contracts. That means, the main contract comes into force only when the parties either fulfil all the conditions precedents or waive them off. Let us examine in this article the scope and law relating to conditions precedents in the light of Indian Contract Act.

UNCONDITIONAL ACCEPTANCE OF AN OFFER

We are all aware that an offer of a party should be accepted unconditionally by the other party to the contract to achieve a concluded contract. In case if the accepting party accepts the offer with a condition then the said conditional acceptance does not result in a concluded contract, it becomes a counter offer. Only if the other party accepts the counter offer without any condition then it becomes a concluded contract.

Contingent Contracts.

 But at the same time Indian Contract Act expressly recognizes contingent contracts. Indian contract Act S.31 defines contingent contracts as follows: The said section makes it clear that the said contract gets the status of a concluded / enforceable contract only after the said conditions are fulfilled. If the conditions precedent is neither fulfilled nor waived by the parties, the said second part of the contract will never have any force or ability to get enforced.

But the arbitrator or the Judge where ever contract expressly categorize the conditions as conditions precedent, should evaluate the provisions of the contract and decide whether those conditions are conditions precedent or conditions subsequent. Conditions subsequent are the conditions which are to be fulfilled only after the starting of the contract.

T.V. Kochuvareed case

In such contracts, if the contracts get terminated or pre-closed prior to appointed date/ prior to fulfilling the conditions precedent by the parties, the parties to the contracts do not get the right to claim damages. In T.V. Kochuvareed caseTravancore – Cochin High Court held as follows: “The next aspect to be considered is whether the plaintiff is entitled to get any amount by way of damages in this case. Here again the question of damages can arise only when there is a subsisting contract. We have definitely found that the agreement under Ex.D was only a contingent contract and that on account of the failure of the contingency resulting in the contract becoming impossible of performance, the whole contract fell through. Thus it cannot be said that there has been any breach of contract on the part of defendant 1, with the consequent liability for payment of damages. “

 Hence, if the contingency mentioned in the contract is not fulfilled the contract becomes impossible of performance and hence there can be no breach from that contract and hence there can be no damages also.

Courtesy – S.RAVI SHANKAR – ARBITRATION LAWYER