Money Saving Solutions For Living in Apartments

Only Visit Cheap Ottawa Apartments

Although this article is about saving money while you’re already living in an apartment, this tip is important enough that it still belongs here. You shouldn’t rent an apartment you can’t afford! Live below your means.

When you’re beginning your apartment search, create a budget, find a maximum amount you’re willing to pay in apartment rent, and don’t go over that amount – no matter what! You can visit apartments that are a bit over your budgeted number, but only if you think you can negotiate down to under whatever maximum you’ve set. And if you do visit the apartment but you can’t negotiate down, nix the apartment from you’re list.

Pay Yourself First

You might have heard this saying before. This tip can be applied to any one looking to save money. Whenever you get a paycheck, pay yourself first. Before you buy clothes, before you pay your apartment rent, put a little away in a savings account or an investment where you’ll never look at it or touch it.

The saying comes from the book, The Richest Man in Babylon. The book recommends putting away at least 10% of your total earnings. After you do that, and after you do things like pay off your apartment rent, you can do whatever you want with your money, guilt free!

Do It Yourself

One of the advantages of an apartment is that if there’s ever a problem with the apartment itself, or the appliances that came in the apartment, you can ask the landlord to fix it (assuming you’re renting an apartment from a reputable apartment rental company. However, for all the other stuff (your computer, your furniture, etc.) you’ll have to pay someone to fix it, or learn to do it yourself; same goes for decorating. Learning a few trade skills can save you a lot of money while you live in your apartment. They’ll also help if you make the switch from renting Ottawa apartments to owning an Ottawa home!

Make Use of Your Apartment Kitchen

It’s easy to spend a lot of money eating out. But if you cook at home, in your apartment, you’ll save lots of money very easily. The more you cook, and the more you shop for groceries, the easier it’ll be to know which foods are cost-effective, and which ones are a bit too expensive for your “taste.” Most apartments come with basic apartment appliances like a fridge and a stove.

Don’t Leave Things On

If you pay for utilities, you should be extra vigilant about letting anything run longer than necessary. Don’t leave a light on if you’re not in the room. Don’t let your computer “sleep” overnight – turn it off! If you pay for water, don’t take extra long showers.

Here are 12 more tips to lower your apartment electric bill.

In apartments it can get pretty cold during the winter. If you don’t want to blast your heat up, then you should close your apartment windows, and make sure they’re not letting cold air in. Tape can fix this, and heavy curtains can also help. As well, make sure your radiator isn’t covered up by furniture.

Use the Library

If you’re in any apartments near Universities or other schools, you likely have access to a library. Use it! Besides, how much space do you really have in your apartment for more books or DVDs? Speaking of which, many libraries offer DVD rentals, and you should check out the selection at whichever library is nearest to your apartment.

Here are the public library locations; their main library is near downtown apartments. But as you’ll see on the map, there’s almost always an ibrary near you – and that’s not even counting the student libraries around.

What Is Multi Trip Travel Insurance and Who Can Use It?

Those who love to travel try to visit as many places as they can during their travel. During their travels it is best if people take advantage of insurance so that they can be protected while they are in transit. The kind of insurance that avid passenger may need is the multi trip this insurance compared to purchasing for each trip.

This multi trip travel insurance can be applied to numerous travels, so instead of having a separate one for each flight, this is more sensible. Insurance for multiple trips is also referred to by agencies as annual this insurance or yearly this insurance because all your traveling for this entire period will be covered. No matter how many trips you take, this policy will still suffice.

Any trip you will be taking in the span of one year can be insured with the multi trip insurance. At least now you will not have to worry about anything when you travel like emergencies and accidents. You should look into this kind of policy if you are a person who travels more than three times a year.

There is an added bonus when it comes to annual travel insurance when you are used to traveling with your family. When traveling with children policies of this kind typically provide free coverage for up to four children. This insurance plan is inexpensive and can provide the needed coverage for the whole family.

The need for this insurance might still be questionable to some. People may be in a weak position at this time. Being away from home, this will give travelers the security and protection they need.

Paying for medical expenses in another country can cost a lot of money so it is best to get travel insurance. One other purpose is when accidents may happen that are out of the travelers hands. It is also essential that you have travel insurance so that when you lose some belongings you will be covered.

It is essential that travelers get annual this insurance. Aside from being able to have insured travels for up to a year, there are still a lot of advantages travelers will receive from multi trip travel insurance. Sometimes, there are companies who give out free ski insurance along with the coverage already included for the four kids under the age of 18.

Yearly travel insurance has both international and domestic travel insurance and a traveler can get both. A travel will spend less if he gets the multi trip travel insurance. This is also much saving when a person takes more than three trips on a year with all the coverage that the trip would require.

There is a lot to gain from multi trip travel insurance by contract workers and those who always travel. The jobs of these people require them to travel a few weeks each time for a project. This insurance plan will allow them to save a lot of money.

Remember that if you travel often, never go for those separate insurance policies because they amount to a lot of money. As a cheaper substitute, have a look at multi trip travel insurance. With all the free coverage in store for you and your whole family you will also get the chance to save money.

Why Go For Natural Health Treatment and How Does it Work?

Natural health treatments have acclaimed much popularity these days as it has the amazing ability to handle all sorts of health conditions. Proper natural treatments can heal mental as well as physical illness and ailments such as insomnia, stress, lack of energy and immunity, cardiovascular problems, and recently even cancer. Basically, natural health treatment is done with two aims in mind:

  • Attaining good and healthy life.
  • Harnessing specific ailments and diseases.

Both these aims can be achieved easily with the use of high quality herbal health care products.

The present lifestyle of the people has impelled them to depend on nutritional supplements since there are wide gaps in the intake of nutritional diets. Health nutritional supplements work as a compliment to the healthy food and hence provide a better healthy life as it fulfill the lacking vitamins, minerals, amino acids, calcium and several other essential components of the body. It is a treatment that works with the natural recuperative powers of the human body and thereby adds on to the overall good health of a person.

Natural health treatment is known to cure problems related to men, women, and children whether it is weight loss, deficiencies and disorders. The treatment of the herbal health products can aid in maintaining healthy mind and body.

How Do These Supplements Work In Getting Rid of the Ailment?

  • The natural health supplement removes harmful substances from the body such as chemical poisons, environmental toxins, and detrimental organisms like parasites, bacteria, and viruses and so on. In short, these herbal products have the ability to detoxify the body completely.
  • Filling up the gap of the nutrition in the body. Herbal health care products are rich in nutrition and hence they provide the body with effective nutrition in the right proportion.
  • It enables the body systems to work efficiently and energetically. The health nutritional supplements have direct effect on the nervous system, lymphatic system, elimination organs, and blood circulation and so on.
  • The herbal healthcare products strengthen the immune system of the body as well as it contains several nutritional components.
  • It affects the mind in the most positive manner and thereby relieving the mind and body from stress and exertion.

As it is popularly said that healthy mind rests in healthy body, herbal health care products and natural health treatments help in keeping mind and body fit and fine.

Taxi Medallions For Yellow Cabs of New York City

The Taxi Medallion of New York City

The New York City Taxi Medallion is an interesting form of property. It represents a transferable right granted by the City to pick up passengers, but through regulation the dollar value of this right is now nearing a million. In Fact, Some of the Richest Workers In America are Taxi Drivers In New York City.

Trading in the price range of $600,000.for the individual medallion, and almost three quarters of a million for the coveted corporate or “mini” fleet medallion, the New York City Taxi industry has seen its overall value increase by almost five-hundred percent since the turn of the century.

The Taxi Medallion is a special license plate affixed to the hood of a New York City Yellow Taxi cab. It represents the license for picking up passengers from the streets. No other transportation service has this right.

The medallion system began in the 1930’s. In the 1960’s all medallion taxicabs were required to be painted yellow.

The medallion number is must be clearly visible on the taxicab roof light, license plates, as well as on the door exterior, and in the vehicle interior.

There are different types of “Medallions”. The individual, the corporate or fleet medallion, and the Handicap Access Medallion.

The individual medallion requires the owner (post 1990), to operate the yellow taxicab 210 nine-hour shifts per year. This underlying requirement guarantees the availability of taxi transportation. It is not unusual for two taxi drivers to form partnerships and share the medallion, or for an individual owner to lease out the taxi for the shifts he is not working.

The corporate or fleet medallion does not need to be operated by the owner. In fact, the owner need not have a NYC Taxi operator’s license at all. The fleet medallion can be leased, and often is on a shift-by-shift basis, twice per day, for as much as $140 per twelve hour rental.

There is a network of brokers and agents who manage and lease taxicabs and medallions to independent taxi drivers under daily, weekly, and long-term arrangements for investors.

As an investment, the most interesting aspect of the New York City Taxi Medallion is the anti-cyclical valuations. In2009, as the US and world economies are shrinking, medallion value is soaring.

When banks and stock brokerages, construction companies and retailers lay off workers, one of the first places the unemployed workers seek income is in the taxi industry. So, as the general economy suffers the number of available taxi cabs shrinks as more people seek them and those already working are forced to work more shifts as competition for fares increases.

There are a limited number of medallions. Currently just over 13,200. This number was constant at 11,787 for more than sixty years when in the 1990’s then Mayor Rudolph Giuliani approved NY City Taxi & Limousine Commissioner Christopher Lynn to conduct three auctions, selling four hundred medallions.

The sales netted the City approximately one hundred-million dollars. The politics behind the sales was very intense and telling, as shortly after the sales were completed the industry applied for and received a rate of fare increase. After a few short years another proposal for new medallion auctions was approved by Mayor Michael Bloomberg.

The successive medallion sales created slightly more than one thousand-forty new medallions. During these auctions the Handicap Access Medallion was introduced at a substantial discount to regular market prices. This was to entice owners to pay the extremely high price of retrofitting vehicles with automatic ramps to accommodate wheelchairs. They were all sold, and on a percentage basis have risen in value more than other medallions.

Is it Still Safe For Your Child to Ride a School Bus?

Riding a school bus to school in the mornings and the afternoons has been a tradition for many years now. It has always been a concern for parents on the first day their put their child on the bus because they worry about whether or not they will be afraid or if their safety should be a concern. Usually after the first couple of weeks it becomes routine and most parents never give it much thought after that.

However, in recent years there are a number of reasons that parents are having to be cautious when they have children that ride a school bus to and from their schools. This is because in recent years especially, there has been an alarming increase in the number of children that fight on the bus even as the bus drivers watch in their rear view mirror. There have been many serious incidents where children have been ganged up on by several other kids at one time.

Another concern that has just recently came to light is the risk of a child being molested on the bus by other children on the bus. Older students have been found guilty of molesting smaller kids as they ride to or from school. This is such a serious concern and fifty years ago such a thing occurring on a school bus would have been unthinkable.

There have also been incidents where small children have been accidentally left on the school bus in the morning after the run has been made. It is the responsibility of a bus driver to walk the entire length of the bus after each route has been finished to make sure there is no one left on the bus. Evidently this is not a practice all bus drivers care to make sure they do because when the bus is taken to a temporary parking place until the afternoon route, they were surprised to find a small child had fallen asleep in the morning and had been left on the bus all alone for the entire day. This can be a very dangerous and scary situation when a five or six year old wakes up all alone and is made to sit for hours in hunger and sometimes cold or very hot temperatures in a closed up and empty bus.

Even though the aid of cameras have been installed in many school buses around the country, these types of incidents are still continuing to rise overall. Parents need to take the time to get to know their child’s school bus driver and find out how responsible they might be. Be sure to ask your child about what is going on their school bus and if there are any suspicious things happening that they tell you about, take it to the school principal or even the school board to make sure your child’s bus ride is as safe as possible.

3 P’s to Relieve Parent Stress While Travelling With Kids, Toddlers, and Young Children

Traveling with “little ones” can be one of the most joyous events of all-it can also be one of the most stressful. Parent stress is usually high when traveling with small children or toddlers as children in this age bracket have multiple needs, short attention spans and are easily bored or agitated when cooped up for a long time. Traveling with children can be stressful, but with enough preparation and forethought you can ensure a relatively tears-free trip, for both you and your child.

Here are the 3 P’s to prepare you before traveling and alleviate parent stress:

Plan:
Planning… Planning… Planning, there is no escape from this. If adventurous, unplanned holidays gave you a high in the past remember one thing – they have to be forgotten when you have kids – else you will only create more parent stress. There are ways to reduce anxiety when traveling with little children, though it takes meticulous planning in advance and flexibility during the trip. Planning involves:
o deciding where to go to,
o how to go,
o what to do and know about the place you are visiting and
o how to be prepared for the travel.

For deciding where to go, ask your travel agent for family-friendly suggestions. See your doctor about vaccinations beforehand. The most important step is to decide how to travel. Take all the pros and cons of different modes of travel before deciding the mode of travel. Depending on the mode of travel, plan for stuff like breaks, overnight stays, availability of airport transit facilities etc so that you and your child are comfortable.

An important tip to relieve parent stress while traveling is to ensure that you have enough rest breaks. Do not jam-pack the trip with lots of activities; have days of relaxing so that your children do not feel very tired. Keeping your trip as simple as you can and it will reduce the number of problems.

Prepare:
Once you are through with planning a trip the next step is to prepare for the trip. This step involves actually mentally, physically and emotionally preparing you for the trip. Once you have decided on the place to travel and the mode of transport you will need to prepare for the following:

o How do you prepare for the place you are visiting?
o What sort of accommodation you want?
o What to bear in mind and prepare depending on the mode of travel?
o What do you need to carry with you?

Preparing for the place you are traveling requires you to know about the facilities that the place provides like supermarkets, availability of key food and hygiene brands required for your child, availability of medical care, what to avoid eating and drinking, where to avoid visiting etc. This research will help you to be better prepared for the trip and you would know what to expect.

The most important preparation is for the mode of transport. If you are traveling by air or train remember to:
o Purchase an extra ticket if you can afford, else request an aisle seat, which can give you more mobility and quicker access to your seat when boarding and de-boarding. Also, in case of air travel ask for bulkhead seats or seats near an exit to give your child a safe spot to play on the floor.
o Schedule the flight during night so that your baby sleeps most of the time.
o Allow more time for security checks, getting to the gates or your platform at the station, and unexpected events.
o Bring nutritious snacks for your kids and for yourself; you don’t want to be caught hungry with no food options in sight.

When traveling by car:
o Use appropriate restraints, such as seat-belts or car seats.
o Don’t stack items in a way that they fall all over if you have to brake suddenly.
o Use shade cloth to keep the sun from shining in your child’s face or wear sunscreen.
o Be prepared for plenty of toilet and rest stops are taken to reduce motion sickness. This needs to be planned in the travel. Also check with your doctor on the drugs you can give to your child to reduce motion sickness.

The last step in preparation is to decide what you should carry with you when you travel. Here the key tips are:
o First aid box containing items such as baby paracetamol, thermometer, anti-itching lotion, oral re-hydration preparation and band-aids. Also pack sunscreen, hats and insect repellent.
o Take sterilizing equipment if your child is bottle-fed.
o Pack, lots of toys that keep your child busy and not bored. Also avoid too much of sharing between kids, which can lead to quarrels.
o Prepare to carry loads of nutritious snacks and food when going out for sight seeing.
o Take your own stroller or pram, even though it is bulky.
o Take some familiar items from home – blanket, stuffed toy – this will keep your child occupied and give them some comfort.

Pursue:
The final step to relieving Parent Stress, while traveling is to pursue your plan and execute on it when you are on vacation. Before you even embark on your travel, if the baby is sick, postpone the travel – if they get sick during the travel try and cut the travel short. Actually visit the doctor and get all vaccinations and clear all doubts regarding the place you are visiting.

Before traveling, to help pack for the trip and to keep your child’s various supplies organized, it might be a good idea to make a personalized travel box for each child. If traveling by air, feed your baby or child when starting and towards end of the trip, as the frequent swallowing can help prevent the build-up of pressure inside the ears. Encourage your child to drink plenty of fluids to reduce the risk of dehydration. During the flight, stick to smaller and more frequent feedings. Also supervise flight attendants when they heat your meals for the child.

If traveling by car, make sure your child eats something before traveling, but avoid heavy or greasy foods. Entice your child to look out the window by pointing to several things along the way. Also try and have a few surprises up your sleeve, like a travel toy or game that can be opened only after you begin your travel. This will avoid boredom in travel for kids especially when doing long haul flights or long road/train journeys.

Once on holidays, take all precautions when visiting new places – like not leaving the child unattended, being vigilant about the potential dangers of unfamiliar places, such as not fenced swimming pools or balconies. Try to keep a little bit of familiar mealtime routine so that the kids do not get cranky. Ring ahead and check out for availability of children’s menu to avoid surprises and for younger kids prepare them to eat “jarred” or “tinned” baby food as fresh food might not always be available. Wherever possible, use disposable items and use any babysitting facilities at your hotel so you can have a break.

The most important thing, however, is to be flexible! Your baby won’t be able to have the same sleeps, so if you think the baby is tired, take a day off. Use the extra days you have planned to relax and don’t pack them with more travel.

For kids above five years, you can allow them to choose some items to pack or provide them with a choice of seat or allow them to move around the platform or terminal while waiting for next train or flight. This will help them gain a sense of control in the experience and they will be lot better behaved and less bored. Finally maintain a cool head during the trip. Remember to focus your attention on the trip itself and all the fun that comes with it, rather than on the hassles of travel as these hassles are short lived. This way you can have a wonderful time with your family.

Emo Fashion of the Present

Emo fashion has changed over the years. While there are some basic generalizations across the board, the emo fashion style has changed from a pretty tight dress code to a much more relaxed style that encompasses a variety of different elements.

It’s still a popular trend among emos to flat iron their hair as straight as humanly possible. The dramatic side swooping band covering one eye is no longer a huge trend in the emo culture, though many still have long bands going across one side of the face. A few additional hairstyles have been added to the repertoire of guy emo hairstyles, like spiking the back of the hair. The female emo hairstyle hasn’t changed much and still retains its Elvira like appearance.

While many emos still dye their hair black, it’s no longer a hardcore requirement for the style. There are quite a few emos out there that dye their hair platinum blonde instead. It seems to have become more about how you wear your hair than what color your hair is. The newest hot female emo hair accessory is multi-colored hair extensions. In fact, coloring part of your hair a radical color was quite the trend for a while.

Fewer emo guys wear guy liner now than when the emo trend originally became popular. Like many of the original emo fashion trends it has faded into the background.

Tight clothing is still very much in style with the emo culture, though much of it has taken a more modern look. Stripes are popular in emo fashion as well as stars, hearts, skulls, nautical stars, and sparrows. Emo females typically wear more trendy fashion as opposed to the original vintage style.

Piercings have also seen an expanded horizon. Many emos have gone from a single lip piercing to snake bites. Hip piercing has also recently become popular.

There’s really no telling how much more the emo fashion style will evolve. Unlike many other fashion styles the stability of emo culture changes as time passes. Some imagine that it will fade out completely with time. Until it does though, it will certainly be interesting to keep an eye on the rising and falling trends

Top Reasons To Look Into Party Bus Rentals

Planning a big night on the town can turn into a big pain in the neck when more than a few people are involved. Between selecting where to go and what to do, few adults have the time to think about who will serve as the designated driver or drivers. When party bus rentals are considered, this concern is eliminated and quite a few other perks are delivered, as well.

Looking into party bus rentals makes sense for everything from prom night to bachelor parties and beyond. Whether the party is in Los Angeles, Las Vegas or elsewhere, these buses can really help ensure the fun continues without any hassle.

Some of the top reasons to look into party bus rentals for small-to-medium-sized parties include:

· Convenience. It is often much easier to look into party bus rentals than to try and figure out who will do the driving. When these services are used, it is even possible to make arrangements for everyone in the party to be picked up and then dropped back off at their own homes at the end of the evening. It doesn’t get easier than that.

· Onboard entertainment. The rules of the road for drinking in regard to party bus rentals might vary from state to state, but the fact of the matter is the fun can continue en route. With many party bus rentals offering onboard restrooms, TV/DVD combos and rather nice sound systems, getting there can be half the fun.

· Professional drivers. Party bus rentals always come with professional drivers at the wheel. This takes worry out of the proposition and puts the burden of dealing with traffic on a pro who knows how to handle the job. In big cities like Los Angeles and Las Vegas, this can be a real big hassle that’s instantly removed. In some cases, party bus rentals come with drivers who also know how to jazz up the ride by providing tour information, onboard entertainment and more.

· Logistical simplicity. It is infinitely easier to put an entire party onto a bus and have everyone stay together at multiple stops along the way. When party bus rentals are used, everyone arrives at the same time.

· Economical. In most cases, it is very economical to look at party bus rentals versus driving a number of private vehicles. When the hassles that are removed from a party are considered, the cost savings really can amount to a lot.

· Safer. When adults are looking at party bus rentals for big occasions, it is generally just plain smart and a whole lot safer to let someone else drive. This ensures that everyone can have a good time and leave the concerns about drinking behind. When door-to-door service is added into the mix, the benefits really add up.

Party bus rentals in California, Georgia and elsewhere make a great deal of sense for small parties and large. When getting there is half the fun, these rentals can very much shine.

Prenuptial Agreements – The Before Marriage Divorce Contract

A prenuptial agreement, also called a “pre-nup”, or “premarital agreement”, is an agreement made by couples planning to get married. The pre-nup governs how issues such as dividing marital assets, and alimony will be dealt with if the marriage should end in a divorce.

Without a prenuptial or post-nuptial agreement, a divorced couple’s property will be divided and any maintenance awarded in accordance with Nevada statutes and case law. Any couple looking to save themselves from the circus called, divorce court, should seriously consider a pre-nup. Such an agreement is especially important if one or both parties are on their second or subsequent marriage, if they have children from a previous marriage, or have significant personal assets which they do not want to be subject to the whims of a family court judge.

Are Prenuptial Agreements Enforceable in Divorce Court?

Yes, unless there are defects in their negotiation or content. Originally, most states would not enforce prenuptial agreements because they felt such agreements were “in derogation of marriage”, meaning the agreements work against the principle of married for life. However, in the early seventies, following other states, Nevada held prenuptial agreements to be generally enforceable in, Buettner v. Buettner, 1973. So your agreement will be enforceable if it is properly done.

Why Draft a Prenup?

The most important reason to draft a pre-nup is to save you time and money, if your marriage ends in divorce. By agreeing to terms now, when you love each other, the divorce tends to run simpler, when the bliss has worn off. With a prenuptial agreement you know how things are going to be divided. Giving you peace of mind and costing you drastically less money in divorce attorney fees.

Pre-nups are not romantic. Approaching the conversation is a buzz kill. Most couples find it difficult to discuss the ending of a marriage. You’re in love, and going to be married forever. Why would you need a divorce agreement? Because like life, divorce happens. You have less of a chance of finding your home on fire, and yet you buy home insurance. Signing a pre-nup is not dooming your marriage. Many couples feel siging a pre-nup solidifies each other’s marriage commitments.

What’s in a Prenuptial Agreement?

In 1989, Nevada adopted the Uniform Premarital Agreements Act (UPAA), which can be found in the Nevada Revised Statutes at Title 123A. Under the UPAA, parties to a prenuptial agreement are allowed to agree with regard to:

1. Rights of property which the parties already have or might acquire during the marriage;
2. Any rights to buy, sell, lease or mortgage such property;
3. The disposition of property upon separation, divorce, or death of one of the parties;
4. Alimony; and
5. Any other rights and obligations of the parties which are allowed to be governed by private contract, i.e. are not governed by statute.

Separate property is the main focus of most prenuptial agreements. If you are coming into a marriage with real estate, retirement accounts, or cash, you might want to keep these assets separate from your community property. Community property is divided equally if a divorce happens. Separate property is not divided. A pre-nup often includes a waiver by both parties of any rights in property the other spouse acquired before the marriage. This is important if you who wish to preserve the assets they bring into a marriage.

Couples can also agree that property acquired by one partner after the marriage, which would ordinarily become community property, will remain the separate property of that spouse. For example, you might be halfway to earning a huge bonus, stock options, or maybe a future book deal. By agreeing these assets are to remain separate property you limit this argument in court.

A pre-nup may include language about limiting alimony (aka spousal support) in the case of a divorce. We are even seeing an increase in “fidelity clauses” being linked to spousal support. If a spouse has an affair the spousal support can be limited or increased, depending on your wishes. However, if the elimination or modification of alimony for a spouse results in that spouse needing public assistance, a court may disregard this portion of the agreement.

Two subjects of major concern to many couples contemplating marriage cannot be governed by prenuptial agreements: child custody and child support. By Nevada law, a court must decide these matters based on the standard of the best interests of the child and specific factors at the time of the decision. A premarital agreement signed before children are born would be unable to discuss the future factors. So, any private agreement between the parties on these subjects will not be binding.

When are Pre-Nups Not Enforced?

Prenuptial agreements are contracts between spouses. Like all contracts, in order to be binding, an agreement must be entered into by both parties knowingly and without any coercion, duress or fraud. Because of the closeness of the relationship between engaged persons, courts scrutinize prenuptial agreements especially closely.

First, the agreement must be entered into voluntarily. This means the agreement is not valid if one of the parties executed it under “duress,” a legal term meaning “pressure.” Agreements are often executed under some type of pressure; therefore, not every type of pressure will constitute duress.

While threats of physical violence or blackmail would clearly constitute duress, time between signing the agreement and the wedding date is the biggest culprit. Courts will void a pre-nup because the bride felt pressure to sign a pre-nup three days before the wedding. The typical cause being the emotional stress of having to cancel the wedding, and explain to hundreds of guests why the wedding was canceled. It’s not a gun to the head, but just as scary for some.

The threat of calling off the wedding is not always enough to be duress. Most courts reason that a party has a legal right to call off a wedding at any time. The courts look for other factors such as the unavailability of legal counsel for one spouse, or a one-sided agreement. For more examples of what constitutes duress, see “Voluntary Consent in Prenuptial Agreements”.

It is advisable for couples to allow plenty of time to negotiate and draft an agreement. To avoid the issue of duress being raised in the event of a divorce, couples should again allow several weeks, and even a month or so before the wedding date, for the process of negotiating and executing the agreement. Each side should also consult their own attorney.

Second, the agreement must be entered into “knowingly.” The UPAA requires that both parties be provided a “fair and reasonable disclosure” of the property and financial obligations of the other party. This means that income, real property, bank accounts, investments and all debts must be disclosed. This requirement underscores the advisability of allowing adequate time for consideration of the agreement.

The Nevada Supreme Court has held that where the husband failed to make the disclosures necessary to permit the wife to make an informed decision with respect to the premarital agreement, the agreement is invalid, Fick v. Fick, 1993. The court held that an incomplete list of the husband’s assets, given to the wife shortly before the wedding, and on the basis of which the wife signed the prenuptial agreement, did not constitute full disclosure.

Third, the agreement must be entered into without the presence of fraud. Fraud occurs when a party deliberately or negligently misleads the other party. Obviously, deliberately misstating or concealing one’s financial information would constitute fraud. However, as stated above prenuptial agreements are held to a higher degree of scrutiny than regular commercial contracts; courts require a high degree of honesty on the part of each party, called a fiduciary duty to the other party. Therefore, if the resulting agreement is excessively one-sided, courts will presume the existence of fraud, and, unless this presumption is rebutted in court, will invalidate the agreement.

In Sogg v. Nevada State Bank, the Nevada Supreme Court concluded that a premarital agreement would be presumed fraudulent where it left a wife with no resources or means of support in the event of a divorce, and where the wife probably would have received more under the community property laws of Nevada were it not for the premarital agreement.

The presumption may be overcome by a showing that the party claiming disadvantage was not in fact disadvantaged. Factors to consider include whether the disadvantaged party (1) had ample opportunity to obtain the advice of an independent attorney, (2) was not coerced into making a rash decision by circumstances, (3) had substantial business experience and acumen, and (4) was aware of the financial resources of the other party and understood the rights that were being forfeited.

The court in Sogg, held that where the premarital agreement was drafted by the husband’s attorney, the wife was never given an opportunity to obtain the assistance of her own counsel, was not given a copy of the agreement until the morning of the wedding, and the wife’s business experience was scanty. The court held that the presumption of fraud was not overcome, and the agreement was invalid.
Fair Pre-Nups

A contract is “unconscionable” if it is so one-sided as to be fundamentally unfair. In some states, a prenuptial agreement will be upheld even if it is one-sided and is a bad bargain for one of the parties, as long as it is made voluntarily and with full disclosure by each party. However, the Nevada Supreme Court doesn’t lean this way. In the Fick case, the court took into account the results of the agreement. It invalidated the agreement partly because the agreement eliminated alimony for the wife, which she would have been entitled to, and gave the wife much less community property than she would have received under community property laws. This indicates that Nevada courts will look at the substantive outcome of an agreement in determining fairness and validity.

It is apparent the reasons prenuptial agreements will be rendered unenforceable tend to overlap. In practice, facts which indicate there was not adequate disclosure by a party or which indicate the presence of duress may also be used to find fraud, unconscionably, etc. The overall lesson for couples is therefore: allow sufficient time for negotiation; have separate divorce lawyers available for both parties, disclose all assets, financial information and anything else the other party might reasonably want to know, and to attempt to treat the other spouse as fairly possible.

Banking Fraud – Prevention and Control

Banking Fraud is posing threat to Indian Economy. Its vibrant effect can be understood be the fact that in the year 2004 number of Cyber Crime were 347 in India which rose to 481 in 2005 showing an increase of 38.5% while I.P.C. category crime stood at 302 in 2005 including 186 cases of cyber fraud and 68 cases cyber forgery. Thus it becomes very important that occurrence of such frauds should be minimized. More upsetting is the fact that such frauds are entering in Banking Sector as well.

In the present day, Global Scenario Banking System has acquired new dimensions. Banking did spread in India. Today, the banking system has entered into competitive markets in areas covering resource mobilization, human resource development, customer services and credit management as well.

Indian’s banking system has several outstanding achievements to its credit, the most striking of which is its reach. In fact, Indian banks are now spread out into the remotest areas of our country. Indian banking, which was operating in a highly comfortable and protected environment till the beginning of 1990s, has been pushed into the choppy waters of intense competition.

A sound banking system should possess three basic characteristics to protect depositor’s interest and public faith. Theses are (i) a fraud free culture, (ii) a time tested Best Practice Code, and (iii) an in house immediate grievance remedial system. All these conditions are their missing or extremely weak in India. Section 5(b) of the Banking Regulation Act, 1949 defines banking… “Banking is the accepting for the purpose of lending or investment, deposits of money from the purpose of lending or investment, deposits of money from the public, repayable on demand or otherwise and withdraw able by cheque, draft, order or otherwise.” But if his money has fraudulently been drawn from the bank the latter is under strict obligation to pay the depositor. The bank therefore has to ensure at all times that the money of the depositors is not drawn fraudulently. Time has come when the security aspects of the banks have to be dealt with on priority basis.

The banking system in our country has been taking care of all segments of our socioeconomic set up. The Article contains a discussion on the rise of banking frauds and various methods that can be used to avoid such frauds. A bank fraud is a deliberate act of omission or commission by any person carried out in the course of banking transactions or in the books of accounts, resulting in wrongful gain to any person for a temporary period or otherwise, with or without any monetary loss to the bank. The relevant provisions of Indian Penal Code, Criminal Procedure Code, Indian Contract Act, and Negotiable Instruments Act relating to banking frauds has been cited in the present Article.

EVOLUTION OF BANKING SYSTEM IN INDIA

Banking system occupies an important place in a nation’s economy. A banking institution is indispensable in a modern society. It plays a pivotal role in economic development of a country and forms the core of the money market in an advanced country.

Banking industry in India has traversed a long way to assume its present stature. It has undergone a major structural transformation after the nationalization of 14 major commercial banks in 1969 and 6 more on 15 April 1980. The Indian banking system is unique and perhaps has no parallels in the banking history of any country in the world.

RESERVE BANK OF INDIA-ECONOMIC AND SOCIAL OBJECTIVE

The Reserve Bank of India has an important role to play in the maintenance of the exchange value of the rupee in view of the close interdependence of international trade and national economic growth and well being. This aspect is of the wider responsibly of the central bank for the maintenance of economic and financial stability. For this the bank is entrusted with the custody and the management of country’s international reserves; it acts also as the agent of the government in respect of India’s membership of the international monetary fund. With economic development the bank also performs a variety of developmental and promotional functions which in the past were registered being outside the normal purview of central banking. It also acts an important regulator.

BANK FRAUDS: CONCEPT AND DIMENSIONS

Banks are the engines that drive the operations in the financial sector, which is vital for the economy. With the nationalization of banks in 1969, they also have emerged as engines for social change. After Independence, the banks have passed through three stages. They have moved from the character based lending to ideology based lending to today competitiveness based lending in the context of India’s economic liberalization policies and the process of linking with the global economy.

While the operations of the bank have become increasingly significant banking frauds in banks are also increasing and fraudsters are becoming more and more sophisticated and ingenious. In a bid to keep pace with the changing times, the banking sector has diversified it business manifold. And the old philosophy of class banking has been replaced by mass banking. The challenge in management of social responsibility with economic viability has increased.

DEFINITION OF FRAUD

Fraud is defined as “any behavior by which one person intends to gain a dishonest advantage over another”. In other words , fraud is an act or omission which is intended to cause wrongful gain to one person and wrongful loss to the other, either by way of concealment of facts or otherwise.

Fraud is defined u/s 421 of the Indian Penal Code and u/s 17 of the Indian Contract Act. Thus essential elements of frauds are:

1. There must be a representation and assertion;

2. It must relate to a fact;

3. It must be with the knowledge that it is false or without belief in its truth; and

4. It must induce another to act upon the assertion in question or to do or not to do certain act.

BANK FRAUDS

Losses sustained by banks as a result of frauds exceed the losses due to robbery, dacoity, burglary and theft-all put together. Unauthorized credit facilities are extended for illegal gratification such as case credit allowed against pledge of goods, hypothecation of goods against bills or against book debts. Common modus operandi are, pledging of spurious goods, inletting the value of goods, hypothecating goods to more than one bank, fraudulent removal of goods with the knowledge and connivance of in negligence of bank staff, pledging of goods belonging to a third party. Goods hypothecated to a bank are found to contain obsolete stocks packed in between goods stocks and case of shortage in weight is not uncommon.

An analysis made of cases brings out broadly the under mentioned four major elements responsible for the commission of frauds in banks.

1. Active involvement of the staff-both supervisor and clerical either independent of external elements or in connivance with outsiders.

2. Failure on the part of the bank staff to follow meticulously laid down instructions and guidelines.

3. External elements perpetuating frauds on banks by forgeries or manipulations of cheques, drafts and other instruments.

4. There has been a growing collusion between business, top banks executives, civil servants and politicians in power to defraud the banks, by getting the rules bent, regulations flouted and banking norms thrown to the winds.

FRAUDS-PREVENTION AND DETECTION

A close study of any fraud in bank reveals many common basic features. There may have been negligence or dishonesty at some stage, on part of one or more of the bank employees. One of them may have colluded with the borrower. The bank official may have been putting up with the borrower’s sharp practices for a personal gain. The proper care which was expected of the staff, as custodians of banks interest may not have been taken. The bank’s rules and procedures laid down in the Manual instructions and the circulars may not have been observed or may have been deliberately ignored.

Bank frauds are the failure of the banker. It does not mean that the external frauds do not defraud banks. But if the banker is upright and knows his job, the task of defrauder will become extremely difficult, if not possible.

Detection of Frauds

Despite all care and vigilance there may still be some frauds, though their number, periodicity and intensity may be considerably reduced. The following procedure would be very helpful if taken into consideration:

1. All relevant data-papers, documents etc. Should be promptly collected. Original vouchers or other papers forming the basis of the investigation should be kept under lock and key.

2. All persons in the bank who may be knowing something about the time, place a modus operandi of the fraud should be examined and their statements should be recorded.

3. The probable order of events should thereafter be reconstructed by the officer, in his own mind.

4. It is advisable to keep the central office informed about the fraud and further developments in regard thereto.

Classification of Frauds and Action Required by Banks

The Reserve Bank of India had set-up a high level committee in 1992 which was headed by Mr. A… Ghosh, the then Dy. Governor Reserve Bank of India to inquire into various aspects relating to frauds malpractice in banks. The committee had noticed/observed three major causes for perpetration of fraud as given hereunder:

1. Laxity in observance of the laid down system and procedures by operational and supervising staff.

2. Over confidence reposed in the clients who indulged in breach of trust.

3. Unscrupulous clients by taking advantages of the laxity in observance of established, time tested safeguards also committed frauds.

In order to have uniformity in reporting cases of frauds, RBI considered the question of classification of bank frauds on the basis of the provisions of the IPC.
Given below are the Provisions and their Remedial measures that can be taken.

1. Cheating (Section 415, IPC)

Remedial Measures.

The preventive measures in respect of the cheating can be concentrated on cross-checking regarding identity, genuineness, verification of particulars, etc. in respect of various instruments as well as persons involved in encashment or dealing with the property of the bank.

2. Criminal misappropriation of property (Section 403 IPC).

Remedial Measure

Criminal misappropriation of property, presuppose the custody or control of funds or property, so subjected, with that of the person committing such frauds. Preventive measures, for this class of fraud should be taken at the level the custody or control of the funds or property of the bank generally vests. Such a measure should be sufficient, it is extended to these persons who are actually handling or having actual custody or control of the fund or movable properties of the bank.

3. Criminal breach of trust (Section 405, IPC)

Remedial Measure

Care should be taken from the initial step when a person comes to the bank. Care needs to be taken at the time of recruitment in bank as well.

4. Forgery (Section 463, IPC)

Remedial Measure

Both the prevention and detection of frauds through forgery are important for a bank. Forgery of signatures is the most frequent fraud in banking business. The bank should take special care when the instrument has been presented either bearer or order; in case a bank pays forged instrument he would be liable for the loss to the genuine costumer.

5. Falsification of accounts (Section 477A)

Remedial Measure

Proper diligence is required while filling of forms and accounts. The accounts should be rechecked on daily basis.

6. Theft (Section 378, IPC)

Remedial Measures

Encashment of stolen’ cheque can be prevented if the bank clearly specify the age, sex and two visible identify action marks on the body of the person traveler’s cheques on the back of the cheque leaf. This will help the paying bank to easily identify the cheque holder. Theft from lockers and safe deposit vaults are not easy to commit because the master-key remains with the banker and the individual key of the locker is handed over to the costumer with due acknowledgement.

7. Criminal conspiracy (Section 120 A, IPC)

In the case of State of Andhra Pradesh v. IBS Prasad Rao and Other, the accused, who were clerks in a cooperative Central Bank were all convicted of the offences of cheating under Section 420 read along with Section 120 A. all the four accused had conspired together to defraud the bank by making false demand drafts and receipt vouchers.

8. Offences relating to currency notes and banks notes (Section 489 A-489E, IPC)
These sections provide for the protection of currency-notes and bank notes from forgery. The offences under section are:

(a) Counterfeiting currency notes or banks.

(b) Selling, buying or using as genuine, forged or counterfeit currency notes or bank notes. Knowing the same to be forged or counterfeit.

(c) Possession of forged or counterfeit currency notes or bank-notes, knowing or counterfeit and intending to use the same as genuine.

(d) Making or passing instruments or materials for forging or counterfeiting currency notes or banks.

(e) Making or using documents resembling currency-notes or bank notes.

Most of the above provisions are Cognizable Offenses under Section 2(c) of the Code of Criminal Procedure, 1973.

FRAUD PRONE AREAS IN DIFFERENT ACCOUNTS

The following are the potential fraud prone areas in Banking Sector. In addition to those areas I have also given kinds of fraud that are common in these areas.

Savings Bank Accounts

The following are some of the examples being played in respect of savings bank accounts:

(a) Cheques bearing the forged signatures of depositors may be presented and paid.

(b) Specimen signatures of the depositors may be changed, particularly after the death of depositors,

(c) Dormant accounts may be operated by dishonest persons with or without collusion of bank employees, and

(d) Unauthorized withdrawals from customer’s accounts by employee of the bank maintaining the savings ledger and later destruction of the recent vouchers by them.

Current Account Fraud

The following types are likely to be committed in case of current accounts.

(a) Opening of frauds in the names of limited companies or firms by unauthorized persons;

(b) Presentation and payment of cheques bearing forged signatures;

(c) Breach of trust by the employees of the companies or firms possessing cheque leaves duly signed by the authorized signatures;

(d) Fraudulent alteration of the amount of the cheques and getting it paid either at the counter or though another bank.

Frauds In Case Of Advances

Following types may be committed in respect of advances:

(a) Spurious gold ornaments may be pledged.

(b) Sub-standard goods may be pledged with the bank or their value may be shown at inflated figures.
(c) Same goods may be hypothecated in favour of different banks.

LEGAL REGIME TO CONTROL BANK FRAUDS

Frauds constitute white-collar crime, committed by unscrupulous persons deftly advantage of loopholes existing in systems/procedures. The ideal situation is one there is no fraud, but taking ground realities of the nation’s environment and human nature’s fragility, an institution should always like to keep the overreach of frauds at the minimum occurrence level.

Following are the relevant sections relating to Bank Frauds

Indian Penal Code (45 of 1860)

(a) Section 23 “Wrongful gain”.-

“Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled.

(b) “Wrongful loss”

“Wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled.
(c) Gaining wrongfully.

Losing wrongfully-A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.

(d) Section 24. “Dishonestly”

Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly”.

(e) Section 28. “Counterfeit”

A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practiced.

BREACH OF TRUST

1. Section 408- Criminal breach of trust by clerk or servant.

2. Section 409- Criminal breach of trust by public servant, or by banker, merchant or agent.

3. Section 416- Cheating by personating

4. Section 419- Punishment for cheating by personation.

OFFENSES RELATING TO DOCUMENTS

1) Section 463-Forgery

2) Section 464 -Making a false document

3) Section 465- Punishment for forgery.

4) Section 467- Forgery of valuable security, will, etc

5) Section 468- Forgery for purpose of cheating

6) Section 469- Forgery for purpose of harming reputation

7) Section 470- Forged document.

8) Section 471- Using as genuine a forged document

9) Section 477- Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.

10) Section 477A- Falsification of accounts.

THE RESERVE BANK OF INDIA ACT, 1934

Issue of demand bills and notes Section 31.

Provides that only Bank and except provided by Central Government shall be authorized to draw, accept, make or issue any bill of exchange, hundi, promissory note or engagement for the payment of money payable to bearer on demand, or borrow, owe or take up any sum or sums of money on the bills, hundis or notes payable to bearer on demand of any such person

THE NEGOTIABLE INSTRUMENTS ACT, 1881

Holder’s right to duplicate of lost bill Section 45A.

1. The finder of lost bill or note acquires no title to it. The title remains with the true owner. He is entitled to recover from the true owner.

2. If the finder obtains payment on a lost bill or note in due course, the payee may be able to get a valid discharge for it. But the true owner can recover the money due on the instrument as damages from the finder.

Section 58

When an Instrument is obtained by unlawful means or for unlawful consideration no possessor or endorse who claims through the person who found or so obtained the instrument is entitled to receive the amount due thereon from such maker, accept or holder, or from any party prior to such holder, unless such possessor or endorse is, or some person through whom he claims was, a holder thereof in due course.

Section 85:

Cheque payable to order.

1. By this section, bankers are placed in privileged position. It provides that if an order cheque is endorsed by or on behalf of the payee, and the banker on whom it is drawn pays it in due course, the banker is discharged. He can debit his customer with the amount so paid, though the endorsement of the payee might turn out to be a forgery.

2. The claim protection under this section the banker has to prove that the payment was a payment in due course, in good faith and without negligence.

Section 87. Effect of material alteration

Under this section any alteration made without the consent of party would be void. Alteration would be valid only if is made with common intention of the party.

Section 138. Dishonour of cheque for insufficiency, etc., of funds in the account.

Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid. either because of the amount of money standing to the credit of that account is insufficient to honor the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offense and shall, without prejudice.

Section 141(1) Offenses by companies.

If the person committing an offense under Section 138 is a company, every person who, at the time the offense was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offense and shall be liable to be proceeded against and punished accordingly.

SECURITY REGIME IN BANKING SYSTEM

Security implies sense of safety and of freedom from danger or anxiety. When a banker takes a collateral security, say in the form of gold or a title deed, against the money lent by him, he has a sense of safety and of freedom from anxiety about the possible non-payment of the loan by the borrower. These should be communicated to all strata of the organization through appropriate means. Before staff managers should analyze current practices. Security procedure should be stated explicitly and agreed upon by each user in the specific environment. Such practices ensure information security and enhance availability. Bank security is essentially a defense against unforced attacks by thieves, dacoits and burglars.

PHYSICAL SECURITY MEASURES-CONCEPT

A large part of banks security depends on social security measures. Physical security measures can be defined as those specific and special protective or defensive measures adopted to deter, detect, delay, defend and defeat or to perform any one or more of these functions against culpable acts, both covert and covert and acclamation natural events. The protective or defensive, measures adopted involve construction, installation and deployment of structures, equipment and persons respectively.

The following are few guidelines to check malpractices:

1. To rotate the cash work within the staff.

2. One person should not continue on the same seat for more than two months.

3. Daybook should not be written by the Cashier where an other person is available to the job

4. No cash withdrawal should be allowed within passbook in case of withdrawal by pay order.

5. The branch manager should ensure that all staff members have recorder their presence in the attendance registrar, before starting work.

Execution of Documents

1. A bank officer must adopt a strict professional approach in the execution of documents. The ink and the pen used for the execution must be maintained uniformly.

2. Bank documents should not be typed on a typewriter for execution. These should be invariably handwritten for execution.

3. The execution should always be done in the presence of the officer responsible for obtain them,
4. The borrowers should be asked to sign in full signatures in same style throughout the documents.

5. Unless there is a specific requirement in the document, it should not be got attested or witnessed as such attestation may change the character of the instruments and the documents may subject to ad volrem stamp duty.

6. The paper on which the bank documents are made should be pilfer proof. It should be unique and available to the banks only.

7. The printing of the bank documents should have highly artistic intricate and complex graphics.

8. The documents executed between Banker and Borrowers must be kept in safe custody,

CHANGES IN LEGISLATION AFTER ELECTRONIC TRANSACTIONS

1. Section 91 of IPC shall be amended to include electronic documents also.

2. Section 92 of Indian Evidence Act, 1872 shall be amended to include commuter based communications

3. Section 93 of Bankers Book Evidence Act, 1891 has been amended to give legal sanctity for books of account maintained in the electronic form by the banks.

4. Section 94 of the Reserve Bank of India Act, 1939 shall be amended to facilitate electronic fund transfers between the financial institutions and the banks. A new clause (pp) has been inserted in Section 58(2).

RECENT TRENDS OF BANKING SYSTEM IN INDIA

In the banking and financial sectors, the introduction of electronic technology for transactions, settlement of accounts, book-keeping and all other related functions is now an imperative. Increasingly, whether we like it or not, all banking transactions are going to be electronic. The thrust is on commercially important centers, which account for 65 percent of banking business in terms of value. There are now a large number of fully computerized branches across the country.

A switchover from cash-based transactions to paper-based transactions is being accelerated. Magnetic Ink character recognition clearing of cheques is now operational in many cities, beside the four metro cities. In India, the design, management and regulation of electronically-based payments system are becoming the focus of policy deliberations. The imperatives of developing an effective, efficient and speedy payment and settlement systems are getting sharper with introduction of new instruments such as credit cards, telebanking, ATMs, retail Electronic Funds Transfer (EFT) and Electronic Clearing Services (ECS). We are moving towards smart cards, credit and financial Electronic Data Interchange (EDI) for straight through processing.

Financial Fraud (Investigation, Prosecution, Recovery and Restoration of property) Bill, 2001

Further the Financial Fraud (Investigation, Prosecution, Recovery and Restoration of property) Bill, 2001 was introduced in Parliament to curb the menace of Bank Fraud. The Act was to prohibit, control, investigate financial frauds; recover and restore properties subject to such fraud; prosecute for causing financial fraud and matters connected therewith or incidental thereto.

Under the said act the term Financial Fraud has been defined as under:

Section 512 – Financial Fraud

Financial frauds means and includes any of the following acts committed by a person or with his connivance, or by his agent, in his dealings with any bank or financial institution or any other entity holding public funds;

1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;

2. The active concealment of a fact by one having knowledge or belief of the fact;

3. A promise made with out any intention of performing it;

4. Any other act fitted to deceive;

5. Any such act or omission as the law specially declares to be fraudulent.
Provided that whoever acquires, possesses or transfers any proceeds of financial fraud or enters into any transaction which is related to proceeds of fraud either directly or indirectly or conceals or aids in the concealment of the proceeds of financial fraud, commits financial fraud.

513(a) – Punishment for Financial Fraud

Whoever commits financial fraud shall be: (a) Punished with rigorous imprisonment for a term, which may extend to seven years and shall also be liable to fine.

(b)Whoever commits serious financial fraud shall be punished with rigorous imprisonment for a term which may extend to ten years but shall not be less than five years and shall also be liable for fine up to double the amount involved in such fraud.

Provided that in both (a) and (b) all funds, bank accounts and properties acquired using such funds subjected to the financial fraud as may reasonably be attributed by the investigating agency shall be recovered and restored to the rightful owner according to the procedure established by law.

CONCLUSION

The Indian Banking Industry has undergone tremendous growth since nationalization of 14 banks in the year 1969. There has an almost eight times increase in the bank branches from about 8000 during 1969 to mote than 60,000 belonging to 289 commercial banks, of which 66 banks are in private sector.

It was the result of two successive Committees on Computerization (Rangarajan Committee) that set the tone for computerization in India. While the first committee drew the blue print in 1983-84 for the mechanization and computerization in banking industry, the second committee set up in 1989 paved the way for integrated use of telecommunications and computers for applying technogical breakthroughs in banking sector.

However, with the spread of banking and banks, frauds have been on a constant increase. It could be a natural corollary to increase in the number of customers who are using banks these days. In the year 2000 alone we have lost Rs 673 crores in as many as 3,072 number of fraud cases. These are only reported figures. Though, this is 0.075% of Rs 8,96,696 crores of total deposits and 0.15% of Rs 4,44,125 crores of loans & advances, there are any numbers of cases that are not reported. There were nearly 65,800 bank branches of a total of 295 commercial banks in India as on June 30, 2001 reporting a total of nearly 3,072 bank fraud cases. This makes nearly 10.4 frauds per bank and roughly 0.47 frauds per branch.

An Expert Committee on Bank Frauds (Chairman: Dr.N.L.Mitra) submitted its Report to RBI in September 2001. The Committee examined and suggested both the preventive and curative aspects of bank frauds.

The important recommendations of the Committee include:

o A need for including financial fraud as a criminal offense;

o Amendments to the IPC by including a new chapter on financial fraud;

o Amendments to the Evidence Act to shift the burden of proof on the accused person;

o Special provision in the Cr. PC for properties involved in the Financial Fraud.

o Confiscating unlawful gains; and preventive measures including the development of Best Code Procedures by banks and financial institutions.

Thus it can be concluded that following measures should necessarily be adopted by the Ministry of Finance in order to reduce cases of Fraud.

o There must be a Special Court to try financial fraud cases of serious nature.

o The law should provide separate structural and recovery procedure. Every bank must have a domestic inquiry officer to enquirer about the civil dimension of fraud.

o A fraud involving an amount of ten crore of rupees and above may be considered serious and be tried in the Special Court.

The Twenty-ninth Report of the Law Commission had dealt some categories of crimes one of which is “offenses calculated to prevent and obstruct the economic development of the country and endanger its economic health.” Offenses relating to Banking Fraud will fall under this category. The most important feature of such offenses is that ordinarily they do not involve an individual direct victim. They are punishable because they harm the whole society. It is clear that money involved in Bank belongs to public. They deposit there whole life’ security in Banks and in case of Dacoity or Robbery in banks the public will be al lost. Thus it is important that sufficient efforts should be taken in this regard.

There exists a new kind of threat in cyber world. Writers are referring it as “Salami Attack” under this a special software is used for transferring the amount from the account of the individual. Hence the culprits of such crimes should be found quickly and should be given strict punishment. Moreover there is requirement of more number of IT professionals who will help in finding a solution against all these security threats.