SoOLEGAL
Transaction Services Agreement :
By
registering yourself with SoOLEGAL, it is understood and agreed by
you that the Terms and Conditions under the Transaction Services
Terms shall be binding on you at all times during the period of
registration and notwithstanding cessation of your registration with
SoOLEGAL certain Terms and Conditions shall survive.
"Your
Transaction" means any Transaction of Documents/
Advices(s), advice and/ or solution in the form of any written
communication to your Client made by you arising out of any advice/
solution sought from you through the SoOLEGAL Site.
Transacting
on SoOLEGAL Service Terms:
The
SoOLEGAL Payment
System Service
("Transacting on SoOLEGAL") is a Service that allows you to
list Documents/ Advices which comprise of advice/ solution in the
form of written communication to your Client who seeks your advice/
solution via SoOLEGAL Site and such Documents/ Advices being for
Transaction directly via the SoOLEGAL Site. SoOLEGAL
Payment Service
is operated by Sun Integrated Technologies and Applications .
TheSoOLEGAL
Payment System
Service Terms are part of the Terms & Conditions
of SoOLEGAL Services Transaction Terms and Conditionsbut unless
specifically provided otherwise, concern and apply only to your
participation in Transacting on SoOLEGAL. BY REGISTERING FOR OR USING
SoOLEGAL
PAYMENT SYSTEM ,
YOU (ON BEHALF OF YOURSELF OR THE FIRM YOU REPRESENT) AGREE TO BE
BOUND BY THE TRANSACTIONS TRANSACTION TERMS AND CONDITIONS.
Unless
otherwise defined in this Documents/ Advice or Terms & Conditions
which being the guiding Documents/ Advice to this Documents/ Advice,
all capitalized terms have the meanings given them in the
Transactions Transaction Terms and Conditions.
S-1.
Your Documents/ Advice Listings and Orders
S-1.1
Documents/ Advices
Information. You
will, in accordance with applicable Program Policies, provide in the
format we require. Documents/ Advices intended to be sold should be
accurate and complete and thereafter posted through the SoOLEGAL
Site and promptly update such information as necessary to ensure it
at all times that such Documents/ Advices remain accurate and
complete. You will also ensure that Your Materials, Your Documents/
Advices (including comments) and your offer and subsequent
Transaction of any ancillary Documents/ Advice pertaining to the
previous Documents/ Advices on the SoOLEGAL Site comply with all
applicable Laws (including all marking and labeling
requirements) and do not contain any sexually explicit, defamatory or
obscene materials or any unlawful materials. You may not provide any
information for, or otherwise seek to list for Transaction on the
SoOLEGAL Site, any Excluded Documents/ Advices; or provide any URL
Marks for use, or request that any URL Marks be used, on the SoOLEGAL
Site. In any event of unlawful Documents/ Advices made available for
Transaction by you on SoOLEGAL site, it is understood that
liabilities limited or unlimited shall be yours exclusively to which
SoOLEGAL officers, administrators, Affiliates among other authorized
personnel shall not be held responsible and you shall be liable to
appropriate action under applicable laws.
S-1.2
Documents/ Advices Listing; Merchandising; Order Processing. We
will list Your Documents/ Advices for Transaction on the SoOLEGAL
Site in the applicable Documents/ Advices categories which are
supported for third party REGISTERED USERs generally on the SoOLEGAL
Site on the applicable Transacting Associated Properties or any other
functions, features, advertising, or programs on or in connection
with the SoOLEGAL Site). SoOLEGAL reserves its right to restrict at
any time in its sole discretion the access to list in any or all
categories on the SoOLEGAL Site. We may use mechanisms that rate, or
allow users to rate, Your Documents/ Advices and/or your performance
as a REGISTERED USER on the SoOLEGAL Site and SoOLEGAL may make these
ratings and feedback publicly available. We will provide Order
Information to you for each of Your Transactions. Transactions
Proceeds will be paid to you only in accordance with Section S-6.
S-1.3
a. It is mandatory to secure an advance amount from Client where
SoOLEGAL Registered Consultant will raise an invoice asking for a 25%
advance payment for the work that is committed to be performed for
the Client of such SoOLEGAL Registered Consultant. The amount will be
refunded to the client if the work is not done and uploaded to
SoOLEGAL Repository within the stipulated timeline stated by SoOLEGAL
Registered Consultant.
b.
SoOLEGAL Consultant will be informed immediately on receipt of
advance payment from Client which will be held by SoOLegal and will
not be released to either Party and an email requesting the
Registered Consultant will be sent to initiate the assignment.
c.
The Registered Consultant will be asked on the timeline for
completion of the assignment which will be intimated to Client.
d.
Once the work is completed by the consultant the document/ advice
note will be in SoOLEGAL
repository and once Client makes rest of the payment, the full amount
will be remitted to the consultant in the next payment cycle and the
document access will be given to the client.
e.
In the event where the Client fails to make payment of the balance
amount
within 30 days from the date of upload ,
the Registered Consultant shall receive
the advance amount paid by the Client without any interest in the
next time cycle
after the lapse of 30 days.
S-1.4
Credit Card Fraud.
We
will not bear the risk of credit card fraud (i.e. a fraudulent
purchase arising from the theft and unauthorised
use of a third party's credit card information) occurring in
connection with Your Transactions. We may in our sole discretion
withhold for investigation, refuse to process, restrict download for,
stop and/or cancel any of Your Transactions. You will stop and/or
cancel orders of Your Documents/ Advices if we ask you to do so. You
will refund any customer (in accordance with Section
S-2.2)
that has been charged for an order that we stop or cancel.
S-2.
Transaction and Fulfilment, Refunds and Returns
S-2.1
Transaction and Fulfilment:
Fulfilment
– Fulfilment is categorised under the following heads:
1.
Fulfilment by Registered User/ Consultant - In the event of Client
seeking consultation, Registered User/ Consultant
has
to ensure the quality of the product and as per the requirement of
the Client and if its not as per client, it will not be SoOLEGAL’s
responsibility and it will be assumed
that the Registered User/ Consultant and the Client have had
correspondence before assigning the work to the Registered User/
Consultant.
2.
Fulfilment by SoOLEGAL - If the Registered User/ Consultant has
uploaded the Documents/ Advice in SoOLEGAL Site, SoOLEGAL Authorised
personnel does not access such Documents/ Advice and privacy of the
Client’s Documents/ Advice and information is confidential and will
be encrypted and upon payment by Client, the Documents/ Advice is
emailed by SoOLEGAL to them. Client’s information including email
id will be furnished to SoOLEGAL by Registered User/ Consultant.
If
Documents/ Advice is not sent to Client, SoOLEGAL will refund any
amount paid to such Client’s account without interest within 60
days.
3.
SoOLEGAL will charge 5% of the transaction value which is subject to
change with time due to various economic and financial factors
including inflation among other things, which will be as per
SoOLEGAL’s discretion
and will be informed to Registered Users about the same from time to
time. Any tax applicable on Registered User/ Consultant is payable by
such Registered User/ Consultant and not by SoOLEGAL.
4.
SoOLEGAL will remit the fees (without any interest) to its Registered
User/ Consultant every 15 (fifteen) days. If there is any discrepancy
in such payment, it should be reported to Accounts Head of SoOLEGAL
(accounts@soolegal.com) with all relevant account statement within
fifteen days from receipt of that last cycle payment. Any discrepancy
will be addressed in the next fifteen days cycle. If any discrepancy
is not reported within 15 days of receipt of payment, such payment
shall be deemed accepted and SoOLEGAL shall not entertain any such
reports thereafter.
5.
Any Registered User/ Consultant wishes to discontinue with this, such
Registered User/ Consultant shall send email to SoOLEGAL and such
account will be closed and all credits will be refunded to such
Registered User/ Consultant after deducation of all taxes and
applicable fees within 30 days. Other than as described in the
Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you),
for the SoOLEGAL Site for which you register or use the Transacting
on SoOLEGAL Service, you will: (a) source, fulfil and transact with
your Documents/ Advices, in each case in accordance with the terms of
the applicable Order Information, these Transaction Terms &
Conditions, and all terms provided by you and displayed on the
SoOLEGAL Site at the time of the order and be solely responsible for
and bear all risk for such activities; (a) not cancel any of Your
Transactions except as may be permitted pursuant to your Terms &
Conditions appearing on the SoOLEGAL Site at the time of the
applicable order (which Terms & Conditions will be in accordance
with Transaction Terms & Conditions) or as may be required
Transaction Terms & Conditions
per
the terms laid in this Documents/ Advice; in each case as requested
by us using the processes designated by us, and we may make any of
this information publicly available notwithstanding any other
provision of the Terms mentioned herein, ensure that you are the
REGISTERED USER of all Documents/ Advices made available for listing
for Transaction hereunder; identify yourself as the REGISTERED USER
of the Documents/ Advices on all downloads or other information
included with Your Documents/ Advices and as the Person to which a
customer may return the applicable Documents/ Advices; and
S-2.2
Returns and Refunds. For
all of Your Documents/ Advices that are not fulfilled using
Fulfilment by SoOLEGAL, you will accept and process returns, refunds
and adjustments in accordance with these Transaction Terms &
Conditions and the SoOLEGAL Refund Policies published at the time of
the applicable order, and we may inform customers that these policies
apply to Your Documents/ Advices. You will determine and calculate
the amount of all refunds and adjustments (including any taxes,
shipping of any hard copy and handling or other charges) or other
amounts to be paid by you to customers in connection with Your
Transactions, using a functionality we enable for Your Account. This
functionality may be modified or discontinued by us at any time
without notice and is subject to the Program Policies and the terms
of thisTransaction Terms & Conditions Documents/ Advice. You will
route all such payments through SoOLEGAL We will provide any such
payments to the customer (which may be in the same payment form
originally used to purchase Your Documents/ Advices), and you will
reimburse us for all amounts so paid. For all of Your Documents/
Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL
Refund Policies published at the time of the applicable order will
apply and you will comply with them. You will promptly provide
refunds and adjustments that you are obligated to provide under the
applicable SoOLEGAL Refund Policies and as required by Law, and in no
case later than thirty (30) calendar days following after the
obligation arises. For the purposes of making payments to the
customer (which may be in the same payment form originally used to
purchase Your Documents/ Advices), you authorize us to make such
payments or disbursements from your available balance in the Nodal
Account (as defined in Section S-6). In the event your balance in the
Nodal Account is insufficient to process the refund request, we will
process such amounts due to the customer on your behalf, and you will
reimburse us for all such amount so paid.
S-5.
Compensation
You
will pay us: (a) the applicable Referral Fee; (b) any applicable
Closing Fees; and (c) if applicable, the non-refundable Transacting
on SoOLEGAL Subscription Fee in advance for each month (or for each
transaction, if applicable) during the Term of this Transaction Terms
& Conditions. "Transacting on SoOLEGAL Subscription Fee"
means the fee specified as such on the Transacting
on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at
the time such fee is payable. With respect to each of Your
Transactions: (x) "Transactions Proceeds" has the
meaning set out in the Transaction Terms & Conditions;
(y) "Closing Fees" means the applicable fee, if
any, as specified in the Transacting
on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and
(z) "Referral
Fee" means
the applicable percentage of the Transactions Proceeds from Your
Transaction through the SoOLEGAL Site specified on the Transacting
on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time
of Your Transaction, based on the categorization by SoOLEGAL of the
type of Documents/ Advices that is the subject of Your Transaction;
provided, however, that Transactions Proceeds will not include any
shipping charge set by us in the case of Your Transactions that
consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as
provided otherwise, all monetary amounts contemplated in these
Service Terms will be expressed and provided in the Local Currency,
and all payments contemplated by this Transaction Terms &
Conditions will be made in the Local Currency.
All
taxes or surcharges imposed on fees payable by you to SoOLEGAL will
be your responsibility.
S-6
Transactions Proceeds & Refunds.
S-6.1.Nodal
Account. Remittances
to you for Your Transactions will be made through a nodal account
(the "Nodal Account") in accordance with the directions
issued by Reserve Bank of India for the opening and operation of
accounts and settlement of payments for electronic payment
transactions involving intermediaries vide its notification
RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November
24, 2009. You hereby agree and authorize us to collect payments on
your behalf from customers for any Transactions. You authorize and
permit us to collect and disclose any information (which may include
personal or sensitive information such as Your Bank Account
information) made available to us in connection with the Transaction
Terms & Conditions mentioned hereunder to a bank, auditor,
processing agency, or third party contracted by us in connection with
this Transaction Terms & Conditions.
Subject
to and without limiting any of the rights described in Section 2 of
the General Terms, we may hold back a portion or your Transaction
Proceeds as a separate reserve ("Reserve").
The Reserve will be in an amount as determined by us and the Reserve
will be used only for the purpose of settling the future claims of
customers in the event of non-fulfillment of delivery to the
customers of your Documents/ Advices keeping in mind the period for
refunds and chargebacks.
S-6.2. Except
as otherwise stated in this Transaction Terms & Conditions
Documents/ Advice (including without limitation Section 2 of the
General Terms), you authorize us and we will remit the Settlement
Amount to Your Bank Account on the Payment Date in respect of an
Eligible Transaction. When you either initially provide or later
change Your Bank Account information, the Payment Date will be
deferred for a period of up to 14 calendar days. You will not have
the ability to initiate or cause payments to be made to you. If you
refund money to a customer in connection with one of Your
Transactions in accordance with Section S-2.2, on the next available
Designated Day for SoOLEGAL Site, we will credit you with the amount
to us attributable to the amount of the customer refund, less the
Refund Administration Fee for each refund, which amount we may retain
as an administrative fee.
"Eligible
Transaction"
means Your Transaction against which the actual shipment date has
been confirmed by you.
"Designated
Day" means any particular Day of the week designated by SoOLEGAL
on a weekly basis, in its sole discretion, for making remittances to
you.
"Payment
Date" means the Designated Day falling immediately after 14
calendar days (or less in our sole discretion) of the Eligible
Transaction.
"Settlement
Amount" means Invoices raised through SoOLEGAL Platform (which
you will accept as payment in full for the Transaction and shipping
and handling of Your Documents/ Advices), less: (a) the Referral Fees
due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees
due; (c) taxes required to be charged by us on our fees; (d) any
refunds due to customers in connection with the SoOLEGAL Site; (e)
Reserves, as may be applicable, as per this Transaction Terms &
Conditions; (f) Closing Fees, if applicable; and (g) any other
applicable fee prescribed under the Program Policies. SoOLEGAL shall
not be responsible for
S-6.3. In
the event that we elect not to recover from you a customer's
chargeback, failed payment, or other payment reversal (a "Payment
Failure"), you irrevocably assign to us all your rights, title
and interest in and associated with that Payment Failure.
S-7.
Control of Site
Notwithstanding
any provision of this Transaction Terms & Conditions, we will
have the right in our sole discretion to determine the content,
appearance, design, functionality and all other aspects of the
SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the
right to re-design, modify, remove and alter the content, appearance,
design, functionality, and other aspects of, and prevent or restrict
access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL
Service and any element, aspect, portion or feature thereof
(including any listings), from time to time) and to delay or suspend
listing of, or to refuse to list, or to de-list, or require you not
to list any or all Documents/ Advices on the SoOLEGAL Site in our
sole discretion.
S-8.
Effect of Termination
Upon
termination of this Contract, the Transaction Terms & Conditions
automatiocally stands terminated and in connection with the SoOLEGAL
Site, all rights and obligations of the parties under these Service
Terms with regard to the SoOLEGAL Site will be extinguished, except
that the rights and obligations of the parties with respect to Your
Transactions occurring during the Term will survive the termination
or expiration of the Term.
"SoOLEGAL
Refund Policies" means
the return and refund policies published on the SoOLEGAL Site.
"Required
Documents/ Advices Information" means,
with respect to each of Your Documents/ Advices in connection with
the SoOLEGAL Site, the following (except to the extent expressly not
required under the applicable Policies) categorization within each
SoOLEGAL Documents/ Advices category and browse structure as
prescribed by SoOLEGAL from time to time, Purchase Price; Documents/
Advice Usage, any text, disclaimers, warnings, notices, labels or
other content required by applicable Law to be displayed in
connection with the offer, merchandising, advertising or Transaction
of Your Documents/ Advices, requirements, fees or other terms and
conditions applicable to such Documents/ Advices that a customer
should be aware of prior to purchasing the Documents/ Advices;
"Transacting
on SoOLEGAL Launch Date" means
the date on which we first list one of Your Documents/ Advices for
Transaction on the SoOLEGAL Site.
"URL
Marks" means
any Trademark, or any other logo, name, phrase, identifier or
character string, that contains or incorporates any top level domain
(e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any
variation thereof (e.g., dot com, dotcom, net, or com).
"Your
Transaction" is
defined in the Transaction Terms & Conditions; however, as used
in Terms & Conditions, it shall mean any and all such
transactions whereby you conduct Transacting of Documents/ Advices or
advice sought from you by clients/ customers in writing or by any
other mode which is in coherence with SoOLEGAL policy on SoOLEGAL
site only.
Taxes
on Fees Payable to SoOLEGAL. In
regard to these Service Terms you can provide a PAN registration
number or any other Registration/ Enrolment number that reflects your
Professional capacity by virtue of various enactments in place. If
you are PAN registered, or any professional Firm but not PAN
registered, you give the following warranties and representations:
(a)
all services provided by SoOLEGAL to you are being received by your
establishment under your designated PAN registration number; and
SoOLEGAL
reserves the right to request additional information and to confirm
the validity of any your account information (including without
limitation your PAN registration number) from you or government
authorities and agencies as permitted by Law and you hereby
irrevocably authorize SoOLEGAL to request and obtain such information
from such government authorities and agencies. Further, you agree to
provide any such information to SoOLEGAL upon request. SoOLEGAL
reserves the right to charge you any applicable unbilled PAN if you
provide a PAN registration number, or evidence of being in a
Professional Firm, that is determined to be invalid. PAN registered
REGISTERED USERs and REGISTERED USERs who provide evidence of being
in Law Firm agree to accept electronic PAN invoices in a format and
method of delivery as determined by SoOLEGAL.
All
payments by SoOLEGAL to you shall be made subject to any applicable
withholding taxes under the applicable Law. SoOLEGAL will retain, in
addition to its net Fees, an amount equal to the legally applicable
withholding taxes at the applicable rate. You are responsible for
deducting and depositing the legally applicable taxes and deliver to
SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax.
Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit
the amount evidenced in the certificate to you. Upon your failure to
duly deposit these taxes and providing evidence to that effect within
5 days from the end of the relevant month, SoOLEGAL shall have the
right to utilize the retained amount for discharging its tax
liability.
Where
you have deposited the taxes, you will issue an appropriate tax
withholding certificate for such amount to SoOLEGAL and SoOLEGAL
shall provide necessary support and Documents/ Adviceation as may be
required by you for discharging your obligations.
SoOLEGAL
has the option to obtain an order for lower or NIL withholding tax
from the Indian Revenue authorities. In case SoOLEGAL successfully
procures such an order, it will communicate the same to you. In that
case, the amounts retained, shall be in accordance with the
directions contained in the order as in force at the point in time
when tax is required to be deducted at source.
Any
taxes applicable in addition to the fee payable to SoOLEGAL shall be
added to the invoiced amount as per applicable Law at the invoicing
date which shall be paid by you.F.11.
Indemnity
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Category
and Documents/ Advice Restrictions
Certain
Documents/ Advices cannot be listed or sold on SoOLEGAL site as a
matter of compliance with legal or regulatory restrictions (for
example, prescription drugs) or in accordance with SoOLEGAL
policy (for example, crime scene photos).
SoOLEGAL's
policies also prohibit specific types of Documents/ Advice
content. For guidelines on prohibited content and copyright
violations, see our Prohibited
Content list.
For
some Documents/ Advice categories, REGISTERED USERS may not create
Documents/ Advice listings without prior approval from SoOLEGAL.
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In
addition to your obligations under Section
6 of
the Transaction Terms & Conditions, you also agree to indemnify,
defend and hold harmless us, our Affiliates and their and our
respective officers, directors, employees, representatives and agents
against any Claim that arises out of or relates to: (a) the Units
(whether or not title has transferred to us, and including any Unit
that we identify as yours pursuant to Section
F-4 regardless
of whether such Unit is the actual item you originally sent to us),
including any personal injury, death or property damage; and b) any
of Your Taxes or the collection, payment or failure to collect or pay
Your Taxes.
Registered
Users must at all times adhere to the following rules for the
Documents/ Advices they intend to put on Transaction:
The
"Add a Documents/ Advice" feature allows REGISTERED USERS
to create Documents/ Advice details pages for Documents/ Advices.
The
following rules and restrictions apply to REGISTERED USERS who use
the SoOLEGAL.in "Add a Documents/ Advice" feature.
-
Using
this feature for any purpose other than creating Documents/ Advice
details pages is prohibited.
-
Any
Documents/ Advice already in the SoOLEGAL.in catalogue which is not
novel and/ or unique or has already been provided by any other
Registered User which may give rise to Intellectual Property
infringement of any other Registered User is prohibited.
-
Detail
pages may not feature or contain Prohibited
Content or .
-
The
inclusion of any of the following information in detail page titles,
descriptions, bullet points, or images is prohibited:
-
Information
which is grossly harmful, harassing, blasphemous, defamatory,
pedophilic, libelous, invasive of another's privacy, hateful, or
racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, pornographic, obscene or
offensive content or otherwise unlawful in any manner whatever.
-
Availability,
price, condition, alternative ordering information (such as links to
other websites for placing orders).
-
Reviews,
quotes or testimonials.
-
Solicitations
for positive customer reviews.
-
Advertisements,
promotional material, or watermarks on images, photos or videos.
-
Time-sensitive
information
-
Information
which belongs to another person and to which the REGISTERED USER
does not have any right to.
-
Information
which infringes any patent, trademark, copyright or other
proprietary rights.
-
Information
which deceives or misleads the addressee about the origin of the
messages or communicates any information which is grossly offensive
or menacing in nature.
-
Information
which threatens the unity, integrity, defence, security or
sovereignty of India, friendly relations with foreign states, or
public order or causes incitement to the commission of any
cognizable offence or prevents investigation of any offence or is
insulting any other nation.
-
Information
containing software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer resource.
-
Information
violating any law for the time being in force.
-
All
Documents/ Advices should be appropriately and accurately classified
to the most specific location available. Incorrectly classifying
Documents/ Advices is prohibited.
-
Documents/
Advice titles, Documents/ Advice descriptions, and bullets must be
clearly written and should assist the customer in understanding the
Documents/ Advice. .
-
All
Documents/ Advice images must meet SoOLEGAL general standards as
well as any applicable category-specific image guidelines.
-
Using
bad data (HTML, special characters */? etc.) in titles,
descriptions, bullets and for any other attribute is prohibited.
-
Do
not include HTML, DHTML, Java, scripts or other types of executables
in your detail pages.
Prohibited
REGISTERED USER Activities and Actions
SoOLEGAL.com
REGISTERED USER Rules are established to maintain a transacting
platform that is safe for buyers and fair for REGISTERED USERS.
Failure to comply with the terms of the REGISTERED USER Rules can
result in cancellation of listings, suspension from use of
SoOLEGAL.in tools and reports, or the removal of transacting
privileges.
-
Attempts
to divert transactions or buyers: Any
attempt to circumvent the established SoOLEGAL Transactions process
or to divert SoOLEGAL users to another website or Transactions
process is
prohibited. Specifically, any advertisements, marketing messages
(special offers) or "calls to action" that lead, prompt,
or encourage SoOLEGALusers to leave the SoOLEGAL website are
prohibited.
Prohibited
activities include the following:
-
The
use of e-mail intended to divert customers away from the
SoOLEGAL.com Transactions process.
-
Unauthorised
& improper "Names": A
REGISTERED USER's Name (identifying the REGISTERED USER's entity on
SoOLEGAL.com) must be
a name that: accurately identifies the REGISTERED USER; is not
misleading: and the REGISTERED USER has the right to use (that is,
the name cannot include the trademark of, or otherwise infringe on,
any trademark or other intellectual property right of any person).
Furthermore, a REGISTERED USER cannot use
a name that contains an e-mail suffix such as .com, .net, .biz, and
so on.
-
Unauthorised
& improper invoicing: REGISTERED
USERS must ensure that the tax invoice is raised in the name of the
end customer who has placed an order with them through SoOLEGAL
Payment Systems platform . The tax invoice should not mention
SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please
note that all Documents/ Advices listed on SoOLEGAL.com are sold by
the respective REGISTERED USERS to the end customers and SoOLEGAL is
neither a buyer nor a REGISTERED USER in the transaction. REGISTERED
USERS need to include the PAN/ Service Tax registration number in
the invoice.
-
Inappropriate
e-mail communications: All
REGISTERED USER e-mail communications with buyers must be courteous,
relevant and appropriate. Unsolicited e-mail communications with
SoOLEGAL , e-mail communications other than as necessary and related
customer service, and e-mails containing marketing communications of
any kind (including within otherwise permitted communications) are
prohibited.
-
Operating
multiple REGISTERED USER accounts: Operating
and maintaining multiple REGISTERED USER accounts is prohibited.
-
In
your request, please provide an explanation of the legitimate
business need for a second account.
-
Misuse
of Search and Browse: When
customers use SoOLEGAL's search engine and browse structure, they
expect to find relevant and accurate results. To protect the
customer experience, all Documents/ Advice-related information,
including keywords and search terms, must comply with the guidelines
provided under . Any attempt to manipulate the search and
browse experience is prohibited.
-
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
-
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
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The Indian Constitution is the world's biggest constitution. The highest rule of law in India is the Constitution. The text establishes the foundation for the delineation of essential political codes, structure, processes, powers, and responsibilities of government institutions, as well as fundamental rights, rules, and citizens' obligations.
B.R. Ambedkar, the head of the drafting committee, is widely recognized as the principal architect. The Constitution states India to be a sovereign, socialist, secular, democratic republic that seeks to foster brotherhood while safeguarding justice, equality, and freedom for its inhabitants.
The original 1950 Constitution is kept in helium-filled storage at the Parliament House in New Delhi. The words 'secular' and 'socialist' were inserted to the preamble during the Emergency in 1976. It was approved by the Indian Constituent Assembly on November 26, 1949, and went into force on January 26, 1950.
Article 368 of the Indian constitution states that the government has the authority to change the constitution. There are two kinds of amending procedures: rigid and flexible. It is extremely difficult for the people to modify the constitution under the inflexible system. The constitutions of the United States, Canada, and Australia are then read. The Flexible process, on the other hand, is where the constitution may be amended.
The Indian Constitution is both stiff and flexible, meaning that it is difficult to modify yet virtually adaptable. In accordance with Article 368 of the Indian Constitution, a provision must be proposed in any of the houses and must later be passed by a large majority or a simple majority. If the resolution is approved by a vote, it will be delivered to the president for his signature. The constitution has been revised 104 times in the 70 years since Indian independence. It began with 395 articles and 8 schedules and has now grown to over 450 articles and 12 schedules as a result of 104 changes.
Amendment of Indian Constitution Article 368
The Indian Parliament has the authority to change the Indian Constitution and its processes under Article 368 of the Indian Constitution. Amendments to the Indian Constitution are difficult to draught and must be consistent with previous clauses. Article 368 empowers Parliament to change the Constitution while maintaining its core structure. Article 368 of the Indian Constitution specifies two sorts of modifications to the Indian Constitution. The first sort of change is by a simple legislative majority (Lok Sabha and Rajya Sabha), the second by a special parliamentary majority, and the third by a special majority and half of the whole state.
Reason for Amendment Procedure by Article 368
Time is not static; it is always changing. The Constitution should be amended. People's social, cultural, and political circumstances are beginning to change. We would be unable to face future challenges if constitutional amendments were not adopted, and this would constitute a roadblock in the path of growth. There's a reason why our founding fathers built the constitution as strong as it is today. Its purpose is to guarantee that plans evolve in tandem with the country's progress. As a result, under Article 368, Parliament's rights to alter the constitution are infinite in terms of the portions of the constitution that it desires to amend.
The Indian Constitution’s Fundamental Structure
The Supreme Court held in the Kesavanand Bharati case of 1973 that the Parliament could not amend certain elements that comprise the core constitutional structure. Constitutional ideas that are necessary for constitutional existence examples include free and fair elections, the federal nature of the country, judicial review, and power separation. It states that the Constitution is built on some fundamental legislative frameworks and founding ideals. Nobody can get their hands on these.
Major Amendments in the Constitution
First Amendment, 1951
1. The Constitution (First Amendment) Act of 1951 gave the state the authority to establish specific provisions to help the socially and economically disadvantaged classes.
2. Savings law that allows for the acquisition of estates, for example.
3. The Ninth Schedule was added to insulate the land reforms and other measures included in it from judicial scrutiny. Articles 31A and 31B were inserted following Article 31.
4. Three new grounds for regulating freedom of expression have been added: public order, cordial relations with foreign nations, and incitement to an offence. It also rendered the restrictions 'reasonable,' and hence, by definition, justifiable.
5. Freedom of expression, holding of Zamindari estate, State trade monopoly, and other issues were raised in the lawsuits. These laws violate property rights, free expression, and equality under the law.
The Constitution (7th Amendment), 1956
1. The schedules for the second and seventh weeks have been altered.
2. The present state division into four divisions (i.e., Part A, Part B, Part C, and Part D states) was repealed and reformed into 14 states and six federal territories.
3. Union territories were granted high court jurisdiction.
4. It was provided for two or more states to form a common high court.
5. If extra and acting High Court justices are appointed.
6. Implementing the recommendations of the State Reorganization Committee and the State Reorganization Act of 1956. State linguistic re – organization. Class A, B, C, and D have been phased out.
The Constitution (9th Amendment Act), 1960
1. Facilitated the cession of the Berubari Union Indian territories (located in West Bengal) to Pakistan, as stipulated in the Indo-Pakistan Agreement (1958). The constitution's Schedule 1 was changed.
2. Adjustments to Indian Territory as a result of an agreement with Pakistan. Following this, the Union submitted the subject to the Supreme Court, which decided that the Parliament's authority to reduce the extent of a state (under Article 3) did not encompass the cession of Indian territories to a foreign country. As a result, Indian Territory may only be transferred to a foreign state by modifying the Constitution in accordance with Article 368.
The Constitution (10th Amendment Act), 1961
1. As a result of the purchase from Portugal, Dadra, Nagar, and Haveli were incorporated as Union Territories.
2. Article 240 of the Constitution was changed.
The Constitution (11th Amendment Act), 1961
1. Changed the mechanism for electing the Vice President by instituting an electoral college rather than a combined parliamentary sitting of the two chambers.
2. Provided, however, that the election of the President or Vice President cannot be disputed because of a vacancy in the relevant electoral college.
The Constitution (12th Amendment Act), 1962
1. The Indian Union absorbed Goa, Daman, and Diu as Union Territories.
2. Article 240 of the Constitution was changed.
The Constitution (13th Amendment Act), 1962
1. Article 371A provides for the formation of Nagaland State, with special protection.
2. The constitution's Article 170 was amended.
The Constitution (15th Amendment Act), 1963
1. Allows the High Court to issue writs to any person or authority, even if the cause of action falls beyond the jurisdiction of the court, if the cause of action arises within its geographical borders.
2. The retirement age for high court judges has been raised from 60 to 62 years.
3. As long as retired high court judges are nominated to serve as acting judges on the same court.
4. The compensation allowance for the transfer of judges from one High Court to another was provided.
5. Allowing the retired High Court judge to serve as an ad hoc judge on the Supreme Court.
6. The mechanism for determining the age of Supreme Court and High Court justices was established.
The Constitution (24th Amendment Act), 1971
1. Affirmed Parliament's ability to modify every part of the Constitution, including fundamental rights, by revising Articles 13 and 368.
2. Made it mandatory for the President to sign off on a Constitutional Amendment Bill.
3. The Twenty-fourth Constitutional Amendment Act was enacted in response to the Supreme Court's Golaknath ruling (1967), which held that Parliament lacks the ability to withdraw constitutional liberties by modifying the Constitution.
The Constitution (26th Amendment Act), 1971
1. The old rulers of princely states' privy purses and privileges were abolished.
2. Article 366 has been amended. Article 363A was added, while Articles 291 and 362 were removed.
The Constitution (31st Amendment Act), 1973
1. The number of Lok Sabha seats has been increased from 525 to 545.
2. This was done as a result of the country's growing population.
The Constitution (36th Amendment Act), 1975
1. Sikkim became the 22nd state of Indian Union.
2. The 10th schedule was omitted.
The Constitution (37th Amendment Act), 1975
1. Parliament passed it on April 26th, 1975, to make way for a legislative Assembly and a Council of Ministers for Arunachal Pradesh, the North – westernmost Union Territory of the country.
The Constitution (39th Amendment Act), 1975
1. The Lok Sabha passed the Bill on August 7, 1975, and it received presidential assent on August 9, 1975.
2. The Act makes the election of a Prime Minister or Speaker of Parliament, as well as the election of the President and Vice-President, unassailable in court
3. The Supreme Court threw down Article 329A in the case of State of Uttar Pradesh v. Raj Narain 1976 (2) SCR 347 for violating the basic structure.
The Constitution (40th Amendment Act), 1976
1. The Parliament was given the authority to set the limits of the territorial seas, continental shelf, Exclusive Economic Zone (EEZ), and India's maritime zones at any moment.
2. The 9th Schedule contains 64 additional Central and State laws, the most of which involve land reform.
The Constitution (42nd Amendment Act), 1976
Three extra phrases (socialism, secularism, and integrity) were added to the Preamble. Citizens have additional essential obligations (new part IV A). The President was bound by the cabinet's advice. Tribunals with the exception of administrative and other concerns (Added Part XIV A). Up to 2001, the Lok Sabha and state legislatures were frozen on the basis of the 1971 census — Population Management Mechanism. The constitutional amendments were adopted without judicial scrutiny. The Supreme Court and other high courts had limited the authority of judicial review and written jurisdiction. Increased the term of the Lok Sabha and state legislatures from 5 years to 6 years.
The Constitution (43rd Amendment Act), 1978
1. This Act repeals the heinous basic provisions law (42nd Amendment) passed under the Emergency. It restores civil freedoms by repealing Article 31D, which granted Parliament the authority to restrict even lawful trade union activities in the name of anti-national activity prevention laws. The new legislation, which has been ratified by more than half of the states in conformity with the Constitution, also returns legislative powers to the states to establish suitable provisions for anti-national acts that are consistent with basic rights. The legislation also re-established the judiciary in its proper role.
2. The Supreme Court will now have the authority to overturn state legislation, which the 42nd Amendment Act removes. The High Courts would now be allowed to decide the statutory legality of Central Legislation compelling persons living in remote places to obtain speedy justice without having to go to the Supreme Court.
The Constitution (44th Amendment Act), 1978
1. Concerning the national emergency, the word 'internal disturbance' has been replaced by the term 'armed rebellion.'
2. Has required the President to declare a national emergency only on the written proposal of the cabinet.
3. Has enacted certain constitutional protections for a national emergency and the rule of law.
4. The right to property was removed from the Fundamental Rights register and established a legal right instead.
5. Provided, however, that the basic rights protected by Articles 20 and 21 cannot be suspended during a national emergency.
6. The original tenure of the Lok Sabha and state legislatures (five years) has been reinstated.
7. Restored the quorum norms in Parliament and state legislatures.
8. The reference to the British House of Commons was removed from the parliamentary privileges clauses.
9. The publication of honest accounts of legislative trials and state assemblies in a periodical was granted basic immunity.
10. The President was permitted to return the cabinet's suggestions for reconsideration once. The reconsidered opinion, on the other hand, will be binding on the President.
The Constitution (52nd Amendment Act), 1985
1. Provided for disqualification on the ground of defection of parliamentary members and state legislatures, and added a new Tenth Schedule containing the details in this regard.
2. The Act made defection of another party unlawful after elections. Any member who defects after elections to another party will be disqualified from being a member of parliament or a legislature of the state.
The Constitution (58th Amendment Act), 1987
1. Provided for an authorized text of the Constitution in Hindi and granted the Hindi version of the Constitution the same legal legitimacy as the English version.
2. This requires particular arrangements for reserving seats for Scheduled Tribes in the states of Arunachal Pradesh, Nagaland, Mizoram, and Meghalaya. The seating alteration was put on hold until 2000 A.D. when Article 322 was amended.
The Constitution (61st Amendment Act), 1989
1. The voting age for Lok Sabha and state legislative assembly elections has been reduced from 21 to 18 years.
2. That was characterized by then-Prime Minister Rajiv Gandhi as an indication of the government's complete trust in the country's young. Because the kids are educated and intelligent, decreasing the voting age will allow the nation's unrepresented youth to express their emotions and maybe get involved in the political process.
The Constitution (62nd Amendment Act), 1989
1. It asked for the prolongation for another 10 years of reserve of seats in Parliament and state legislatures for Scheduled Castes and Tribes, as well as reservation for election for the Anglo Indian community.
The Constitution (65th Amendment Act), 1990
1. Article 338 of the Constitution has been changed to create a National Commission for Scheduled Castes and Scheduled Tribes comprised of a Chairperson, a Vice-Chairperson, and five additional members nominated by warrant under the supervision and seal of the Chairperson.
The Constitution (69th Amendment Act), 1991
1. The purpose of the Act of Parliament was to grant Delhi statehood as the "Delhi National Capital Territory." This also proposes for a 70-member assembly and a 7-member ministerial council in Delhi.
The Constitution (71st Amendment Act), 1992
1. The amendment allows Nepali, Manipuri, and Konkani to be included to the Constitution's Eighth Schedule. With the addition of these three languages, the number of languages in the Eighth Schedule rises to 18.
The Constitution (73rd Amendment Act), 1992
1. The Parliament enacted the Seventy-third Constitutional Amendment Act, 1992, on 22 December 1992, and it was notified by the Central Government via the Official Gazette on 20 April 1993, when it was rectified by the lawmakers of the State and authorized by the President of India. The institutions of Panchayati Raj now have constitutional legitimacy.
2. Because of Part VIII of the with the introduction of the responsibilities and duties of Panchayati Raj Institutions in Article 243A and the new schedule known as the Eleventh Schedule, a new section IX was introduced to the Constitution. The Act establishes Gram Sabha, a three-tier Panchayati Raj model, and the reservation of seats for SCs and STs in proportion to their population, as well as the reservation of one-third of seats for women.
The Constitution (76th Amendment Act), 1994
This Amendment Act raises the reservation ceiling for government employment and admission seats in educational institutions in Tamil Nadu to 69% in favor of socially and educationally disadvantaged groups. Furthermore, the Amendment Act was inserted in the Constitution's Ninth Schedule to insulate it from judicial examination.
The Constitution (77th Amendment Act), 1995
This amendment inserted a new section (4-a) to Article 16 of the Constitution, allowing the state to adopt any reservation measures in favor of SCs and STs in promotions in government employment if it believes they are underrepresented in state services. This was done to neutralize the effect of the Supreme Court's decision in the Mandal Commission case (Indra Sawhney vs. Union of India), in which the Court ruled that quotas on promotions are not permissible.
The Constitution (80th Amendment Act), 2000
Based on the suggestions of the Tenth Finance Committee, the Constitution (Eightieth Amendment) Act of 2000 created an alternate plan for the division of taxes between the Union and the Province. Under the existing income-sharing agreement between the Union and the states, 26 percent of total Federal tax and duty revenues are to be paid to the states in lieu of their current amount of income tax, excise duty, special excise duties, and exemptions from taxes on rail passenger fares.
The Constitution (81st Amendment Act), 2000
The unfilled vacancies of one year reserved for the Scheduled Castes and Scheduled Tribes in accordance with the clause of Reservations made pursuant to Article 16 of the Constitution shall be regarded as a distinct class of vacancies to be filled in every subsequent year or year, and these class of vacancies shall not be counted in accordance with the vacancies of the year in which they were filled to determine the limit of a quota of fifty pence.
The Constitution (84th Amendment Act), 2001
The Act amended Articles 82 and 170(3) of the Constitution to readjust and rationalize the geographical constituencies of the States without changing the number of seats allotted to each State in the House of People and Parliamentary Assemblies of States, including Scheduled Castes and Scheduled Tribes Constituencies, on a population-based basis determined in the 1991 census, in order to close the gap created by unequal population/electoral growth in different constituencies.
The Constitution (86th Amendment Act), 2002
1. To make the right to free and compulsory education a basic right, the Act inserts a new Article, Article 21A, which grants the right to free and compulsory education to all children aged 6 to 14 years. Parts III, IV, and V of the Constitution are amended by the law (A).
2. One of the most significant developments was that, with government assistance, the government required private schools to take 25% of their class size from socially vulnerable or underprivileged classes in society through a random allocation method. This step was done in order to provide everyone with a high-quality education.
The Constitution (88th Amendment Act), 2003
Service tax collected and appropriated by the Union and States, levied by the Union. The Acts amends Articles 268, 270 and VII schedule.
The Constitution (92nd Amendment Act), 2003
The amendment advocates the inclusion languages Bodo, Dogri, Maithili, and Santhali into the constitution's VIIIth Schedule. With the addition of these four languages, the number of languages in the VIIIth Schedule increases to 22.
The Constitution (95th Amendment Act), 2010
The amendment proposes to raise the quota of seats in the Lok Sabha and state legislatures for SCs and STs from 60 to 70 years.
The Constitution (96th Amendment Act), 2011
Replaced Odia for Oriya in Indian Constitution 8th Schedule.
The Constitution (97th Amendment Act), 2012
Article 19(l)(c) was amended to include the words "or cooperative societies" after the term "or unions," as well as the addition of Article 43B, Promotion of cooperative societies, and Part-IXB, Co-operative societies. The amendment's goal is to foster cooperative economic activities that would help rural India prosper. It is necessary not just to preserve cooperatives' independence and democracy, but also to keep management accountable to members and other stakeholders.
The Constitution (99th Amendment Act), 2014
It called for the setting up of the National judicial Commission.
The Constitution (100th Amendment Act), 2015
Other enclave areas are being exchanged with Bangladesh. Citizenship rights are being conferred to enclave inhabitants as a result of the signing of the Treaty of Land Boundary Agreement (LBA) between India and Bangladesh.
The Constitution (101st Amendment Act), 2016
1. With the enactment and subsequent notices of the 101st Constitution Amendment Act, 2016, the Goods and Services Tax (GST) went into effect on September 8, 2016.
2. Articles 246A, 269A, and 279A were incorporated into the constitution. The amendment permitted modifications to the 7th cycle of the constitution. Previously, Union List entry 84 included duties on cigarettes, alcoholic beverages, marijuana, Indian hemp, medicines and pharmaceuticals, and medical and bathroom arrangements. Following the modification, petroleum oil, high-speed gasoline, engine spirit (petrol), natural gas, and air turbine power, cigarettes, and cigarettes items should be mentioned.
3. Entry 92 has been eliminated (newspapers and advertisements placed in them); they are now subject to GST. Entry 92-C (Service Tax) has been removed from the union list. Entry 52 (in-state sales tax) has been deleted from the State register.
4. According to the provisions of List I Entry 92-A, Taxes on the export or purchase of products other than newspapers, have now been supplemented by Taxes on the sale of petroleum oil, high-speed gasoline, motor spirit (petroleum), natural gas, aviation turbine fuel, and alcoholic spirit for human consumption, but not including the sale or distribution in the form of inter-State commerce or commerce Reference 55 (Taxes on Advertising).
The Constitution (102nd Amendment Act), 2018
The bill seeks to give the National Commission on Backward Classes legal standing. It wants to establish a new Article 338B into the constitution that provides for the NCBC, its mandate, composition, functions, and different offices. Inserted a new Article 342-A authorizing the President to inform that state/union territory's list of socially and educationally disadvantaged classes.
The Constitution (103rd Amendment Act), 2019
Articles 15 and 16 of the Constitution were amended. It provides for the advancement of the economically disadvantaged segments of society. A considerable 10% of all government posts and college seats will also have a quota for voters other than the wealthy. This law is written with the intention of enforcing Article 46 of the Indian Constitution, a Directive Principle that requires the government to defend the educational and economic interests of the poorer parts of society.
The Constitution (104th Amendment Act), 2020
This increased seat quotas in the Lok Sabha for SCs and STs, as well as in state legislatures.