NEPAL EARTHQUAKE

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April 2015 Nepal earthquake


  1. More than 4,300 people die after amagnitude-7.8 earthquake strikes Nepal.
  2. Nepal's Prime Minister, Sushil Koirala, has said that the number could reach 10,000

The 2015 Nepal earthquake (the Himalayan earthquake) which is believed to have killed more than 6,100 people as of 29 April 2015, occurred at 11:56 NST on 25 April with a moment magnitude (Mw) of 7.8 or 8.1Ms and a maximum Mercalli Intensity of IX (Violent). Its epicenter was approximately 34 km (21 mi) east-southeast of Lamjung, Nepal, and its hypocenter was at a depth of approximately 15 km (9.3 mi).
It was the most powerful disaster to strike Nepal since the 1934 Nepal–Bihar earthquake. Some casualties have also been reported in the adjoining areas of India, China, and Bangladesh. India responded with Operation Maitri for rescue and relief in Nepal by its armed forces and also evacuated Indian and foreign citizens from Nepal.
The earthquake triggered an avalanche on Mount Everest, killing at least 19,making it the deadliest day on the mountain in history. It triggered another huge avalanche in Langtang valley, where 250 are now missing.Centuries-old buildings were destroyed at UNESCO World Heritage sites in the Kathmandu Valley, including some at the Kathmandu Durbar Square, the PatanDurbar Square and the Bhaktapur Durbar Square. Nepal's government has declared three days of mourning after the quake.
Geophysicists and other experts had warned for decades that Nepal was vulnerable to a deadly earthquake, particularly because of its geology, urbanization, and architecture
Continued aftershocks occurred throughout Nepal, with one shock reaching a magnitude of 6.7 on 26 April at 12:54:08 NST. The country is at continued risk of landslides as well.
The earthquake occurred on 25 April 2015 at 11:56 a.m. NST (06:11:26 UTC) at a depth of approximately 15 km (9.3 mi) (which is considered shallow and therefore more damaging than quakes that originate deeper in the ground), with its epicenterapproximately 34 km (21 mi) east-southeast of Lamjung, Nepal, lasting approximately twenty seconds. The earthquake was initially reported as 7.5 Mw by the United States Geological Survey (USGS) before it was quickly upgraded to 7.9 Mw and finally downgraded to 7.8 Mw. The China Earthquake Networks Center (CENC) reported the earthquake's magnitude to be 8.1 Ms. India Meteorological Department (IMD) said two powerful quakes were registered in Nepal at 06:11 UTC and 06:45 UTC. The w and its epicenter was identified at a distance of 80 km to the northwest of the capital Kathmandu. The second earthquake was somewhat less powerful at 6.6 Mw. The seismic focus lay at a depth of 10 km (6.2 mi) below the earth's surface. Bharatpur was the nearest major city to the main earthquake, 53 km (33 mi) from the epicenter. The second earthquake occurred 81 km (50 mi) northwest of Kathmandu, the capital of Nepal. Over thirty-five aftershocks of magnitude 4.5 Mw or greater occurred in the day following the initial earthquake, including the one of magnitude 6.6 Mw.
 Nepal lies towards the southern limit of the diffuse collisional boundary where the Indian Plate underthrusts the Eurasian Plate,occupying the central sector of the Himalayan arc, nearly one-third of the 2,400 km (1,500 mi) long Himalayas. Geologically, the Nepal Himalayas are sub-divided into five tectonic zones from north to south, east to west and almost parallel to sub-parallel. These five distinct morpho-geotectonic zones are: (1) Terai Plain, (2) Sub Himalaya (Sivalik Range), (3) Lesser Himalaya (Mahabharat Range and mid valleys), (4) Higher Himalaya, and (5) Inner Himalaya (Tibetan Tethys). Each of these zones is clearly identified by their morphological, geological, and tectonic features.
The convergence rate between the plates in central Nepal is about 45 mm (1.8 in) per year. The location, magnitude, and focal mechanism of the earthquake suggest that it was caused by a slip along the Main Frontal Thrust.
The earthquake's effects were amplified in Kathmandu as it sits on the Kathmandu Basin, which contains up to 600 m (2,000 ft) ofsedimentary rocks, representing the infilling of a lake.
Based on a study published in 2014, of the Main Frontal Thrust, on average a great earthquake occurs every 750 ± 140 and 870 ± 350 years in the east Nepal region. A study from 2015 found a 700-year delay between earthquakes in the region. The study also suggests that because of tectonic stress buildup, the earthquake from 1934 in Nepal and the 2015 quake are connected, following a historic earthquake pattern.
According to "Did You Feel It?" (DYFI?) responses on the USGS website, the intensity in Kathmandu was IX (Violent). Tremors were felt in the neighboring Indian states of Bihar, Uttar Pradesh, Assam, West Bengal, Sikkim, Uttarakhand, Odisha, Andhra Pradesh,Gujarat, in the Indian capital region around New Delhi[35] and as far south as Karnataka. Many buildings were brought down in Bihar. Minor cracks in the walls of houses were reported in Odisha. Minor quakes were registered as far as Kochi in the southern state of Kerala. The intensity in Patna was V (Moderate).The intensity was IV (Light) in Dhaka, Bangladesh. The earthquake was also experienced across southwestern China, ranging from the Tibet Autonomous Region to Chengdu, which is 1,900 km (1,200 mi) away from the epicenter. Tremors were felt in Pakistan and Bhutan
 A major aftershock of magnitude 6.7 Mw occurred on 26 April 2015 in the same region at 12:55 NST (07:09 UTC), with an epicenter located about 17 km (11 mi) south of Kodari, Nepal. The aftershock caused fresh avalanches on Mount Everest and was felt in many places in northern India including Kolkata, Siliguri, Jalpaiguri and Assam. The aftershock caused a landslide on the Koshi Highway which blocked the section of the road between Bhedetar and Mulghat.
A model of GeoGateway, based on a United States Geological Survey mechanism of a near-horizontal fault as well as location of aftershocks showed that the fault was an 11° dip striking at 295°, 50 km (31 mi) wide, 150 km (93 mi) long, and had a dip slip of 3 m (9.8 ft). The USGS says the aftershock on Sunday registered at a shallow depth of 10 km (6.2 mi).
 Nepal's Prime Minister, Sushil Koirala, has said that the number could reach 10,000.
On 27 April, The Himalayan Times reported that as many as 20,000 foreign nationals may have been visiting Nepal at the time of the earthquake. As reports come in from isolated villages, it is possible that total deaths may reach or exceed the more than 10,000 killed in the 1934 earthquake.Hundreds of people are still considered missing and more than 450,000 are displaced.
As of 4:14 p.m. 27 April in India, Home Minister Rajnath Singh, confirmed that 56 people died in the state of Bihar, 12 in Uttar Pradesh, 3 in West Bengal and 1 in Rajasthan.
first quake measured 7.9 M
According to the USGS, the temblor was caused by a sudden thrust, or release of built-up stress, along the major fault line where the Indian Plate, carrying India, is slowly diving underneath the Eurasian Plate, carrying much of Europe and Asia.Kathmandu, situated on a block of crust approximately 120 km (75 miles) wide and 60 km (37 miles) long, reportedly shifted 3 m (10 ft) to the south in just 30 seconds.
The risk of a large earthquake was well known beforehand. In 2013, in an interview with seismologist Vinod Kumar Gaur, The Hindu quoted him as saying, "Calculations show that there is sufficient accumulated energy [in the MFT], now to produce an 8 magnitude earthquake. I cannot say when. It may not happen tomorrow, but it could possibly happen sometime this century, or wait longer to produce a much larger one."According to Brian Tucker, founder of a nonprofit organisation devoted to reducing casualties from natural disasters, some government officials had expressed confidence that such an earthquake would not occur again. Tucker recounted a conversation he had had with a government official in the 1990s who said, "We don't have to worry about earthquakes anymore, because we already had an earthquake"; the previous earthquake to which he referred occurred in 1934.


PROCESS FOR INCORPORTION OF COMPANY

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1.   Digital Signature Certificate [DSC]:

DSC’s are the digital equivalent (i.e. electronic format) of physical or paper certificates. Certificates serve as proof of identity of an individual for a certain purpose.
Henceforth we can say that a DSC can be presented electronically to prove your identity, to access information or services on the internet or to sign certain documents digitally.
 A licensed Certifying Authority (CA) issues the digital signatures. Certifying Authority (CA) means a person who has been granted a license to issue a digital signature certificate of the Indian IT Act, 2000.
There are two types of DSC valid for MCA portal:
a.    Class 2:
Here, the identity of a person is verified against a trusted, pre-verified database.

b.    Class 3:
This is the highest level where the person needs to present himself/herself in front of a Registration Authority (RA) and prove his/her identity.



  • ร˜  Application Form filled as per given guidelines
  • ร˜  PAN Card of applicant (attested by a Gazetted officer/ Bank manager/ Post master)
  • ร˜  Address proof (Passport/ Driving License/Voter Id/ latest Utility Bill like Electricity bill, Telephone bill, Water bill etc). This needs to be attested by a Gazetted officer/ Bank manager/ Post master.
  • ร˜  Passport size photo
  • The Ministry of Corporate Affairs has stipulated a Class-II category digital signing certificate for e-filings under MCA21. A person who already has a DSC is not required to obtain it afresh.

2.   OBTAINING DIN:

DIN stands for Director Identification Number. It is a unique identification number allotted to an individual who is an existing director of the company or intends to be appointed as director of the company.
DIN is in the format of an 8 digit number. For example: 02165789.
This is allotted by Central Government (office of regional director), Ministry of Corporate Affairs.
A private company must have atleast 2 Directors OR
In case of Public limited, it must have 3 Directors OR
In case of One Person Company, It must have 1 Director.

ร˜  ID Proof of the Individual (self attested copy of PAN Card, the signature must be   same as in PAN Card)
ร˜  Self attested address proof of the proposed directors (like Voter ID Card, Latest Bank Statement/ Valid Driving Licence/ Telephone Bill/ Water Bill/ Electricity Bill etc).
ร˜  Passport size colour & clear photograph (3.5 cm X 2.5 cm)
ร˜  An Affidavit duly notarized (in specified format)
ร˜  Information about educational qualification
ร˜  Detail about current occupation
ร˜  Active email ID and mobile number
The approval of desired name is obtained from the Registrar of Companies (ROC) of the State/ Union Territory in which the new company will keep its registered office. This approval is provided subject to certain conditions: for instance.
There should not be an existing company by the same name.
The last words in the name are required to be "Private Limited" or “Limited”.
The application should mention at least two suitable names (up to maximum 6 names) of the proposed company, in order of preference.



  • Minimum two names are required subject to Maximum 6. The name should be as per the naming guidelines as provide by the Ministry of corporate Affairs.
  • Registered state in which proposed company is going to be incorporate
    In case of Private limited, there is minimum share capital Rs. 1,00,000.
   In case of Public limited, there is minimum share capital of Rs. 5,00,000.
  In case of One Person Company, there is minimum share capital Rs. 1,00,000.

In case of Private limited, there are minimum promoters 2, may be same as directors.
In case of Public limited, there are minimum promoters 7 in which 3 may be the directors.
In case of One Person Company, There is only 1 promoter required.

In case of Private limited, there are minimum 2 directors.
In case of Public limited, there are minimum 3 the directors.
In case of One Person Company, there is only director.
ร˜  Main object:
The promoters/proposed directors must be provided the details of the activity to be carried out by the proposed company.
It is the stage where the company (i.e. promoters) has made an application to concerned roc for getting Name Approved with the prescribed fees.
Guidelines Issued by MCA related to Name approval:
v  As per the Guidelines issued by the MCA in respect to Company Name, it is divided into three parts as shown below:
              In case of Private Limited /Limited, It is mandatory to use the word                         Private Limited or limited.
              Noun + Activity + Private Limited/Limited
              In case of one person company, it is mandatory to show word “OPC” in           bracket after the company Name as shown below:-
              Noun + Activity + Private Limited (OPC)
v  Form required to make an application is INC – 1.
v  After satisfaction of ROC, with the details mention in the application, a certificate is issued by them which are known as “NAME APPROVAL CERTIFICATE”, which valid from the sixty days from the date such Certificate.
v  After getting the name approval letter from ROC, we can go for the process of incorporation.

     After getting the name approval, the professional have to draft MOA/AOA.
a.   Subscription of MOA & AOA (By Laws) by all the Subscribers/ Promoters
Get the subscription sheet of MOA and AOA signed by all the subscribers/ promoters in their own handwriting with the following details in following order:
    a.
The name of the subscriber
    b.
Father's name of the subscriber
    c.
Address of the Subscriber
    d.
Occupation of the subscriber
The details must be same as mentioned in the DIN approval letter. The subscription sheet/s of MOA must be mentioned the number of shares subscribed by the promoters in numbers as well as words. The subscription sheets of MOA/AOA must be witnessed. 
It is the process of registering the company details (MOA, AOA, Subscriber details, First Directors details) with the concerned ROC.


b.    From the same following forms are required as per the Companies Act, 2013:-
I.     INC – 7:- For registering the details of Subscriber
II.   INC – 22:- For details of registered Address of the Company
III.  DIR – 12:- For Appointing Directors of the Company.
           ii.IN CASE OF ONE PERSON COMPANY
I.     INC – 2:- Application for Incorporation
II.   INC – 3:- Nominee- Consent Form
III.  INC – 12: - Appointment of Directors
IV. INC -22 :- This form is filed within 30 days after getting certificate of Incorporation.
FOLLOWING INFORMATION SHALL BE NECESSARY FOR THE
INCORPORATION OF COMPANY:-
INC - 7

·  MOA as per schedule I (Table A, B, C, D, E).
·   AOA as per schedule I (Table F, G, H, I, J).
·  Affidavit for Non-Acceptance for deposit from public (in Delhi and       Maharashtra ROC cases), on RS 100/- Non-judicial stamp paper and get it sign by the respective promoters and also notarized the same
·  Declaration by the Professionals as per INC – 8 (on letterhead of the firm), in Delhi and Maharashtra roc it should be on RS 100/- Non-judicial stamp paper also.
·   Affidavit as per INC – 9 on RS 100/- Non-judicial stamp paper and get it sign by the respective promoters and also notarized the same
·   Signature specimen as per Form INC -10:- take print on plain paper and paste the Colour passport size photograph and sign the same in the mention bracket and get it verify by the notary/bank manager.(It should be noted that signatures must be verify the person).
·    Occupation of each subscriber’s.

INC - 22
The following information/documents required in Form 18:
1.    Address proof of Company, if premises is
a.   Owned:
  • Address proof of the premises like Latest Electricity bill, Telephone bill, Bank statement etc.
b.    Rental:
  • Copy of Rent agreement of the office premises from landlord.
  • NOC from Landlord (required in stamp paper of Rs 10/- format enclosed)
  • Copy of ownership documents of landlord like electricity bill, telephone bill, Bank statement etc.
  • Rent Receipt
2.    The name and address of the nearest police station of the premises where the company is going to be incorporated.

DIR - 12
The numbers of directors are required at the time of incorporation. 
In case of Private limited, there are minimum 2 directors.
In case of Public limited, there are minimum 3 the directors.
There are requirement of certain documents for filling of appointment of Directors in respective company:
·         Letter of Appointment
·         Declaration as per DIR – 2.
·         Declaration by first Directors as per INC – 9. ( in the same manner as mention above)
·         Interest in other Entity:- If any director so appointed has interest in other entity (more than one), additional sheet known as “interest in other entity” must be attached. It should be noted that it must position in the Company, CIN of the Company.

DIR - 2

  • There are requirement of certain documents for filling of appointment of Directors in respective company:


  •  MOA as per schedule I (Table A, B, C, D, E).
  •  AOA as per schedule I (Table F, G, H, I, J).
  •  ID Proof (self attested copy of PAN Card, the signature must be   same  as in PAN Card) and Self attested address proof (like Voter ID Card,  Latest Bank Statement/ Valid Driving Licence/ Telephone Bill/ Water Bill/  Electricity Bill  etc) of Promoter and nominees.
  •   Affidavit as per INC – 9 on RS 100/- Non-judicial stamp paper and get it  sign by the respective promoters and also notarized the same
  •  Signature specimen as per Form INC -10:- take print on plain paper and paste the Colour passport size photograph and sign the same in the mention bracket and get it verify by the notary/bank manager.(It should be noted that signatures must be verify the person).


After completion of above formalities CIN (corporate identification number like U 72900 DL 2012 PTC 039206) is allotted by the respective ROC.
The director should file a declaration in Form 21 before commencement of business to the ROC within 180 days of its incorporation.
If a company does not file the declaration in form INC-21 within 180 days of its incorporation then the status of the company shall be changed to “Struck Off (Defunct)”. In case the company files an order of Tribunal and the status of the company is revived to “Active”.

Reverse charge machinism (RCM) under Service Tax

Reverse charge machinism (RCM) under Service Tax



Sl.
No.
Description of a service
Service Provider
Service Receiver
% of  service tax payable by the person providing service
% of service tax payable by the person receiving the service
1
services  provided or agreed to be provided  by an insurance agent to any person carrying on insurance business
Any
Any
Nil
100%
2
services  provided or agreed to be provided  by agoods transport agency in respect of transportation  of goods by road
where the consignor or the consignee  is,—
(a)  any factory registered under or governed by the Factories Act, 1948 (63 of 1948);
(b)  any society registered under the Societies Registration Act, 1860 (21 of 1860) or under any other law for the time being in force in any part of India;
(c)  any co-operative society established by or under any law;
(d)  any dealer of excisable goods, who is registered under the Central Excise Act, 1944 (1 of 1944) or the rules made thereunder;
(e)  any body corporate established, by or under any law; or
(f)  any partnership firm whether registered or not under any law including association of persons;
Nil
100%
3
services  provided or agreed to be provided  by way of sponsorship
Any
body corporate/ partnerhip firm
Nil
100%
4
services  provided or agreed to be provided  by anarbitral tribunal
Arbitral tribunal
Business entity with a turnover more than rupees ten lakh in the preceding financial year
Nil
100%
5
services  provided or agreed to be provided  by individual advocate
individual or firm
Business entity with a turnover more than rupees ten lakh in the preceding financial year
Nil
100%
6
services  provided or agreed to be provided  by way of support service by Government or local authority
Government /Local authority
Business entity
Nil
100%
7
(a)   in respect of  services  provided or agreed to be provided  by way of renting or hiring any motor vehicle designed to carry passenger on abated value.
Individual (prop ) /Partnership firm (registered or unregistered)           /HUF
any company formed or registered under the Companies Act, 1956 (1 of  1956) or a business entity registered as body corporate located in the taxable territor
Nil
100%
(b)   in respect of  services  provided or agreed to be provided  by way of renting or hiring any motor vehicle designed to carry passenger on non abated value.
60%
40%
8
services  provided or agreed to be provided  by way of supply of manpower or Security services(inserted in notification 45-46 dated 07/08/2012)  for any purpose
25%
75%
9
services  provided or agreed to be provided  by way of works contract
50%
50%
10
any taxable services  provided or agreed to be provided  by any person who is located in a non-taxable territory and received by any person located in the taxable territory(IMPORT OF SERVICES)
Any
Any
Nil
100%
11
provided or agreed to be provided by a director of a company to the said company
(Inserted through notification 46-47/2012 dated 07/08/2012)
Director(Individual)
Company
Nil
100%