June 12, 2024

Whenever you borrow a loan for buying an asset such as a car or a house, the institution from which the loan has been borrowed will place a lien on the asset. In simple terms you can say that if you buy a car on loan, the bank that you borrowed the loan from will grant a lien on that car. But what does this lien mean? Well to make it simple for you to understand you can say that it gives your lender the legal right to take away the asset for which you have borrowed the loan in case you fail to repay the loan amount in the given time period. What Is a Lien? A lien is a claim or legal right against assets that are typically used as collateral to satisfy a debt. A creditor or a legal judgment could establish a lien. A lien serves to guarantee an underlying obligation, such as the repayment of a loan. If the underlying obligation is not satisfied, the creditor may be able to seize the asset that is the subject of the lien. There are many types of liens that are used to secure assets. How does a Lien work? When giving out a loan to a borrower, the creditor is always faced with a risk that the borrower may fail to repay the given amount on time or just won’t repay it at all. To avoid this, the concept of a lien is considered to be highly useful. A lien provides the creditor with the legal rights to seize and sell the collateral assets or property which is the subject of the lien without the consent of the lien holder or the borrower. When the lien is granted on an inventory or any other unfixed property, it is known as a floating lien. Although, liens are often voluntary and consensual like the lien on the property for a loan, there also exist involuntary or statutory liens. Involuntary liens are where the creditor or the lender seeks a legal action against the borrower for nonpayment of the loan. After such legal action is taken, a lien can be placed on assets including property as well as bank accounts. Some liens are also filed with the government in an effort to let the public know that the lienholder has an interest on the property or on the asset. Having a public record of a lien helps the people to know that a particular asset or property is subject to a lien and if they are interested to buy that particular asset or property, the lien first needs to be released as the asset or property cannot be sold with the lien. This is something that will help all the interested buyers to know about the financial record of the asset or the property before making a decision of buying it. Types of Lien Possessory Lien Equitable Lien Maritime Lien Possessory Lien A possessory lien can be exercised only by the person in possession of the goods. It is lost by Loss of possession When money due is paid Substitution of security When a right of lien is waived The pre-requisite that is required for a possessory lien is that the possession has to be continuous, rightful and not for any special purpose. Further, this can be divided into Particular Lien General Lien Particular Lien Particular Lien is that which confers the right to retain a specific commodity for which the particular debt arose. Such debts usually arise from services that are provided or labourer or money that is spent on the goods on which the right it is to be exercised. The ingredients of a Particular Lien are A right to retention of goods till debt due is paid off. It does not need any specific agreement. Arises in the ordinary course of business. The essentials of a Possession Lien are A possession that is acquired in the ordinary course of business. The owner has a lawful debt of an obligation that has to be discharged. General Lien A general lien refers to the right to retain goods and securities of a particular debt but in respect of the general balance that is due by the owner of the goods and securities, to the individual who is in possession of the goods. This may be conferred by an agreement to that effect or by custom and usage or by the provisions of any statue. The right of general lien is particularly given by law to bankers, solicitors, brokers, wharfingers and warehouse-keepers. A banker comprises cash, cheque, bill of exchange and securities that are deposited or any money that is due to him as a banker. The ingredients of a general lien are given below. It extends to a general balance of accounts. It is a right of defence, not a right of action. It also extends to prior transactions. It extends to properties/ securities which a banker has come in possession of in the ordinary course of business such as cheques that are deposited for collection. Securities/ goods that are held for a special purpose are not subjects of General Lien. Banker’s Lien Banker’s Lien is an implied pledged and the banker has the right to sell the property after reasonable notice where the property comes into the hands in the ordinary course of business. Section  of the contract act lays down that a banker’s lien can be applied if The property is in the control of the banker. The instruments of the money or goods of the banker are not for a particular purpose inconsistent with the lien. The possession of the instruments is obtained lawfully as a banker. There is no implied or expressed agreement contrary to the lien. The banker only obtains a lien over pledged goods for the recovery of his dues and is liable to sell those goods to reimburse himself. A banker’s general lien will not be extended to securities that are deposited with him for a specific purpose inconsistent with the lien.

The Uttar Pradesh Motor automobiles Taxation Act, 1997 specifies the road tax rules that must be followed by any person and organisation in the state of Uttar Pradesh that owns automobiles. The numerous facets of road tax, including its imposition, fines, tax refunds, and related laws, are thoroughly covered under this act. The Road Transport Authority (RTA) or the Road Transport Corporation (RTC) in a certain state, such as Uttar Pradesh, is in charge of the collection and assessment of road taxes from private and commercial vehicle owners whose cars are registered in that state. According to Section 22 of the Uttar Pradesh Motor Vehicles Taxation Act 1997, an officer nominated by the State Government has the power to either seize the vehicle or call the police for further action if they find out that a vehicle is being operated without the required payment of taxes. When you buy a new vehicle in India, you’re not just paying for the vehicle; but are also contributing to the maintenance and development of the country’s extensive road infrastructure. This contribution is known as road tax which is a mandatory fee imposed by both the Central and State governments. As per the Central Motor Vehicles Act, if you plan to keep your vehicle for over a year, you’ll need to pay this tax as a one-time fee. In Uttar Pradesh (UP), one of the busiest states of India, road tax, also known as UP Vahan tax, plays a crucial role in funding the upkeep of roadways. Uttar Pradesh Road Tax Generally, the Road Transport Authority (RTA) or Road Transport Corporation (RTC) of a particular state, such as Uttar Pradesh, is responsible for collecting and assessing road tax from private and commercial vehicle owners whose vehicles are registered in Uttar Pradesh. According to Section 22 of the Uttar Pradesh Motor Vehicles Taxation Act 1997, if a State Government-appointed officer finds that a vehicle is being used without paying the appropriate taxes, the officer may seize the vehicle or hand over the owner to the police. However, if the offender pays the taxes, the Taxation Officer must immediately release the offender and their vehicle. Payment of road tax is mandatory when you buy a new vehicle. Uttar Pradesh Road Tax Calculation he UP road tax or transport vehicle tax has multiple components, including the Central Government Tax (CGT) and Uttar Pradesh State Transport Corporation Road Tax (UPSTC). The actual road tax amount a private or commercial owner has to pay depends on the following factors: Vehicle type, such as 2-wheeler, 3-wheeler, 4-wheeler, bus, tractor, trailer, or other state vehicles.  Purpose of use, such as for personal transportation, goods transportation, or passenger transportation.  Vehicle model The vehicle’s seating capacity  The vehicle’s engine capacity The vehicle’s ex-showroom price Uttar Pradesh Road Tax: For Two-Wheelers The road tax for two-wheelers in Uttar Pradesh depends on the vehicle’s unladen weight or value. The following table contains the various road tax slabs for two-wheeled motor vehicles in Uttar Pradesh: Vehicle Type Amount (in Rs. ) per Year A moped with unladen weight below 90.72 Kg Rs. 150 A two-wheeler whose value is less than Rs. 0.20 lakh 2% of the vehicle’s value A two-wheeler whose value is between Rs. 0.20 lakh and Rs.   0.60 lakh 4% of the vehicle’s value A two-wheeler whose value is between Rs. 0.60 lakh and Rs. 2.00 lakh 6% of the vehicle’s value A two-wheeler whose value exceeds Rs. 2.00 lakh 8% of the vehicle’s value It is worth noting that the Parivahan road tax is collected as a one-time tax for two-wheelers at the time of vehicle registration.  Uttar Pradesh Road Tax: For 4-Wheelers The road tax for cars in UP depends on the vehicle’s value. The following table contains the various road tax slabs for four-wheeled motor vehicles in Uttar Pradesh: Vehicle Type Amount (in Rs. ) per Year A car whose value is less than Rs. 6.00 lakh 3% of the vehicle’s value. A car whose value is between Rs. 6.00 lakh and Rs. 10.00 lakh 6% of the vehicle’s value A car whose value is between Rs. 10.00 lakh and Rs. 20.00 lakh 8% of the vehicle’s value A car whose value exceeds Rs. 20.00 lakh 9% of the vehicle’s value It is worth noting that the Parivahan road tax is collected as a one-time tax for private four-wheelers at the time of vehicle registration.  Uttar Pradesh Road Tax: For Goods (Commercial) Vehicles The road tax for goods vehicles in Uttar Pradesh depends on the vehicle’s loading capacity. The following table contains the various road tax slabs for goods vehicles in Uttar Pradesh: The Vehicle’s Loading Capacity Amount (in Rs. ) per Year A goods vehicle whose loading capacity is less than 1 Tonne Rs. 665.00 A goods vehicle whose loading capacity is between 1 Tonne and 2 Tonne Rs. 940.00 A goods vehicle whose loading capacity is between 2 Tonne and 4 Tonne Rs. 1,430.00 A goods vehicle whose loading capacity is between 4 Tonne and 6 Tonne Rs. 1,915.00 A goods vehicle whose loading capacity is between 6 Tonne and 8 Tonne Rs. 2,375.00 A goods vehicle whose loading capacity is between 8 Tonne and 9 Tonne Rs. 2,865.00 A goods vehicle whose loading capacity is between 9 Tonne and 10 Tonne Rs. 3,320.00 A goods vehicle whose loading capacity exceeds 10 Tonne Rs. 3,320.00+ @Rs.470/-per Tonne Uttar Pradesh Road Tax: For Three-Wheelers The Vehicle road tax for three-wheelers and e-Rickshaws in Uttar Pradesh depends on the vehicle’s seating capacity, gross vehicle weight, and periodicity. The following table contains the various road tax slabs for three-wheelers and e-Rickshaws in Uttar Pradesh: Vehicle Type Taxation’s Base Tax’s Periodicity  Tax Rate Passenger Seating Capacity (under 12) Annual  Rs. 600 per Seat  Passenger Seating Capacity (under 12) One Time (optional) Rs. 5400 per Seat Goods Gross Vehicle Weight Annual Rs. 850 per tonne or part thereof/Rs. 7600 per tonne or part thereof Goods Gross Vehicle Weight One Time(optional) Rs. 7600 per tonne

In Kerala, a Caste Certificate is a legal document that verifies an individual’s caste or community. It is issued by the Revenue Department of the Government of Kerala. The Caste Certificate plays a significant role in availing various government benefits, reservations, and opportunities specifically designed for different caste communities. It provides proof of one’s social status and ensures equal opportunities for historically marginalized communities. The application for a Caste Certificate in Kerala can be submitted at the Village Office or Taluk Office in the respective locality. The certificate is issued after proper verification of the applicant’s caste and community, as well as necessary supporting documents. Caste Certificate Kerala The Caste Certificate in Kerala is a legal document issued by the state government to individuals belonging to Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC). It serves as evidence of one’s caste or tribe affiliation, enabling them to avail themselves of government welfare schemes, educational benefits, and employment reservations specifically designed for their respective communities in Kerala. Topic Caste Certificate Download Kerala Online State Kerala Objective Caste Certificate Kerala Download Process  Beneficiaries Holders of SC, ST, and OBC Caste Certificates in Kerala Check Status Check the status of Kerala Caste Certificate applications through the online web portal Official Website Click Here Purpose of Caste Certificate Kerala The purpose of a Caste Certificate in Kerala is to serve as an official document that validates an individual’s caste or community status. It plays a crucial role in ensuring social justice and providing equal opportunities for historically marginalized communities. The Caste Certificate is necessary to avail various government schemes, reservations, educational benefits, and employment opportunities specifically designed for different caste communities. It serves as proof of one’s social identity and helps in eliminating discrimination based on caste. The Caste Certificate in Kerala aims to empower individuals from marginalized communities by providing them with access to social welfare programs, educational opportunities, and employment prospects. Check out some of the major purpose of caste certificate: Reserved seats in the Legislative Assembly and Parliament Educational institutions, where a certain number of seats are reserved for specific castes Government jobs under reservation quota Various government schemes and benefits for backward classes Eligibility Criteria for Caste Certificate Kerala The eligibility criteria for obtaining a Caste Certificate in Kerala require individuals to meet specific conditions. Firstly, the applicant should be a resident of Kerala and belong to a scheduled caste (SC), scheduled tribe (ST), or other backward class (OBC) as recognized by the Kerala government. The applicant needs to provide necessary documents such as birth certificates, school records, and community certificates to establish their caste status. The application should be submitted at the Village Office or Taluk Office in the respective locality. The authorities verify the authenticity of the provided information and documents before issuing the Caste Certificate to eligible individuals in Kerala. Check key eligibility criteria for Caste Certificate Kerala: Applicant must be a citizen of India Resident of Kerala state Belong to a caste that is recognized as Scheduled Caste/Scheduled Tribe/Other Backward Classes Online Application Process for Caste Certificate Kerala Visit the Kerala E-district official website Register on the portal using your details Login with the created credentials Click on the ‘Download Online Forms’ tab and select ‘Caste Certificate’ Fill the application form with all the required details Attach the necessary documents and submit the form Documents Required for Caste Certificate Kerala Application form Obtain the application form for the caste certificate from the concerned authority. You may need to fill in your personal details, including name, address, date of birth, and caste. Proof of identity Provide documents that establish your identity. Accepted documents may include a copy of your Aadhaar card, passport, voter ID card, or any other government-issued identity document. Proof of residence Submit documents that prove your residence in Kerala. This can include a copy of your ration card, electricity bill, water bill, or any other official document that shows your address in Kerala. Birth certificate Provide a copy of your birth certificate as proof of your date of birth. Caste certificate of parents If your parents already possess caste certificates, you may need to provide copies of their certificates. Affidavit In some cases, you might be required to submit an affidavit stating your caste and other related details. The affidavit should be attested by a notary public. Photographs Attach recent passport-sized photographs as specified by the issuing authority. Usually, two to three photographs are required. Any additional documents The issuing authority may ask for additional documents depending on the specific requirements or circumstances. It is advisable to inquire with the local authority to ensure you have all the necessary documents. FAQs Can I apply for a caste certificate online in Kerala? Yes, the Government of Kerala has implemented online services for caste certificate applications. Applicants can visit the official website of the Revenue Department or the concerned portal to fill out the application form and submit the necessary documents online. However, it is advisable to check the specific guidelines and requirements provided by the authorities for online applications. How long does it take to obtain a caste certificate in Kerala? The time required to obtain a caste certificate in Kerala can vary depending on the processing procedures of the concerned department. Generally, it takes around 15 to 30 days from the date of application submission to receive the certificate. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and

Factory License is mandatory for the factories as per the law after some strict legislation. Industrial Labour has been exploited ever since the industrial revolution has been existing. Their condition has been so miserable that it was considered indispensable to protect them. The first ever Factory Act has come in 1881. Since then the act has been amended several times. In order to remove its weakness and improve it and keep harmony this new act of 1948 has been passed. That act is known as the Factories Act, of 1948. There was a genuine need for this act; hence it has been passed in1948. This act is the revised version of the previous act. This covers all the aspects like health, welfare, safety, licensing, etc related to the labor class. Factory License also came under this new act. In accordance with the provisions of the Factory Act, of 1948, it is mandatory for all factory owners to register their premises with the local governing authority before the start of business. The Chief Inspector of the Labour Commissioner Organization shall grant a Factory License after registration of the factory. Before going for the Factory License one must take building plan approval from the Labour and Employment Department. We can say that building plan approval is one of the many prerequisites of the Factory License. Factory License is mandatory so that government can keep eye on the factories and protect the interest of laborers who are working in the different kinds of factories. Through this Factory License government can have records about the factories like how many factories are working in a particular place and how many workers are working in the respective premises. In short Factories Act, of 1948 came the protection of the basic fundamental rights of the workers who are working in the factories. What is Factory? As per section 2(m) of the Factories Act, 1948 factory is any premises where ten or more workers are working or they were working on the ant preceding twelve months, or it also includes any part of which a manufacturing process is being carried on with the aid of the power. It also includes any premises where twenty or more workers are working or they were working in the ant preceding twelve months, or it also includes any part of which a manufacturing process is being carried on with the aid of the power. There are certain things that are not considered as factory as per the Factories Act, of 1948, these things are given below- Mines Mobile units belong to the Armed Forces of the Union A shed that is run by the railways Hotel Restaurants Eating House What is Factory License? Permission taken by the government for manufacturing in a particular place or city is called Factory License. This is basically a kind of Permission given by the authorities about how to work, what to do and what not to do, and how to treat the workers and also helps the government on keeping the eye on the various activities of the factory owners. Factory Licenses can also help the government provide security to the workers working in the factories. Guidelines that Factories must adhere As per the Factory Act, of 1948, any factory needs to obtain a Factory License must adhered to the guidelines given below- 10 or more workers must be involved in manufacturing activity with the aid of power on any day of the preceding 12 months. It means there must be a minimum of 10 workers and also the consumer power. 20 or more workers are involved in manufacturing activity without the aid of power on any day of the preceding 12 months. It means when we are talking about without power minimum number of workers must be 20. Rules that the Factories The Government has established the regulations that must be obeyed by those factories which- Possess consumer power and a minimum of 10 employees. Have no power consumption and at least 20 employees. Depending on the procedure, the factories are often classified into two subcategories: Hazardous Non-hazardous Types of Factories Hazardous- Hazardous factories mean such kinds of factories whose manufacturing process is hazardous process. As per section 2(cb) of the Factories Act, 1948 hazardous process means any process or activity in relation to an industry specified in the first schedule where unless special care has been taken, raw materials used therein or the intermediate or finished products, by-products, wastes and effluents thereof would cause harm to the person engaged or working in that factory. Also if such kinds of waste or effluents cause harm to the environment and create pollution. Non- Hazardous- Non-Hazardous Factories are the ones whose manufacturing process does not include hazardous processes. It simply means that the waste or effluents of the factory do not create any harm to the workers working there or to the environment. Benefits of Obtaining a Factory License in India Provides Specific Provision For Employees- The Factories Act provides specific provisions associated with female employees and young people like wages for female employees, work hours of female employees and children, working conditions, wages, etc. This is basically done to protect the children and women. It is not discrimination against men as constitutional rights are subject to reasonable restrictions. Avails Legal Benefits- The factory owner can avail of the legal benefits provided by the government under different schemes like the schemes which are there to promote start-up India or Make in India projects of the government, for which government gives tax exceptions as well. Without having a Factory Licence one cannot take benefit of such schemes of the government. Enhances Productivity- Proper enactment of compliances and guidelines of the Factories Act, of 1948 which are given for achieving a very important goal related to the health of the workers, enhances the employees’ productivity which is ultimately beneficial for the factory. It helps the factory in profit maximization and in other aspects as well. Regulates Various Matter-It helps in regulating