Tuesday, 13 September 2011

Government of A.P., India bans Advertisements of Speak Asia after Amway

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Home Department- To initiate action against Speak Asia Online Pvt. Ltd / Haren Ventures Pvt. Ltd. – Issue of Notification in the official Gazette of Andhra Pradesh under section 8 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 ( Central Act No.43 of 1978) - Notification- Issued.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
HOME (GENERAL.B) DEPARTMENT

G.O.Ms.No. 235                                                                             Date:12-09-2011

Read:
From the Additional Director General of Police, Crime Investigation Department, Andhra Pradesh, Hyderabad, Lr C.No.2650/C13/CID/2011, dt.05-08-2011.

***
ORDER:

Whereas the Additional Director General of Police, Crime Investigation Department, Andhra Pradesh, Hyderabad, in the letter read above, has informed that, a case was registered on 21.06.2011 against the Speak Asia Online Pvt. Ltd, Singapore and other accused about their Money Circulation Scheme/Multi Level Marketing activities and fraudulently collected huge amounts from the subscribers and committed offences punishable under sections 4,5 and 6 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 (Central Act No.43 of 1978) and requested the Government to initiate action against Speak Asia Online Pvt. Ltd/ Haren Ventures Pvt. Ltd. by notification in the official Gazette to declare every copy of the newspaper and every copy of the publication containing such material or the advertisement to be forfeited, where any newspaper or other publication is found to have contained any material connected with Money Circulation Scheme promoted or conducted in contravention of the provisions of the said Act or any advertisement or in relation thereto.

2. Now, therefore, the Government have examined the proposal of the Additional Director General of Police, Crime Investigation Department, Andhra Pradesh, Hyderabad to initiate action against Speak Asia Online Pvt. Ltd/ Haren Ventures Pvt. Ltd., carefully and decided to declare every copy of the Newspaper and every copy of the Publication / containing such material to be forfeited to the Government of Andhra Pradesh which is connected with the propagation or otherwise under section 8 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (Central Act No.43 of 1978).

3. This order is available on Internet and can be accessed at website http://www.ap.gov.in/goir.

4. Accordingly, the following notification will be published in an extraordinary issue of the Andhra Pradesh Gazette Dated: 16.09.2011.

NOTIFICATION

In exercise of the powers conferred by section 8 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (Central Act No.43 of 1978), the Government of Andhra Pradesh hereby declare that every copy of the News paper and every copy of the publication containing such material or the advertisement connected with any Prize chits or Money Circulation schemes as promoted or conducted by the Speak Asia online Pvt.Ltd/ Haren Ventures Pvt. Ltd in contravention of the Provision of the said Act to be forfeited to the State Government of Andhra Pradesh.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
B.P.ACHARYA,
PRINCIPAL SECRETARY TO GOVERNMENT

To
The Commissioner of Printing, Stationery & Stores Purchase,
Andhra Pradesh, Hyderabad
(with a request to publish the Gazette Notification and to furnish
1000 copies of the Gazette to the Government immediately).
Copy to:
The Director General of Police, Andhra Pradesh, Hyderabad
The Additional Director General of Police,
Crime Investigation Department, Andhra Pradesh, Hyderabad
The Law (E) Department.
The P.S. to Minister for Home.
SC/SF
//FORWARDED:BY ORDER//
SECTION OFFICER.


Previously the AP State Government has issued a similar G.O. banning the Advertisement in any media against Amway India Enterprises.  Sadly it has miserably failed to implement the G.O.  We hope the same situation won't recur in the case of Speak Asia too.

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Investigation of case against M/s Amway India Enterprises – Issue of Notification under Section 8 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 – Orders- Issued
-------------------------------------------------------------------------------------------------------
HOME (GENERAL-B) DEPARTMENT

GO Ms No. 178                                                                                             Dated:15-09-2008

Read: Letter Rc. No.121/A2/2008, dated: 26-05-2008 of the Director General of Police, Andhra Pradesh, Hyderabad.

***
ORDER:

Whereas the Director General of Police, Andhra Pradesh, Hyderabad, in the reference read above has informed that investigation in the case of M/s. Amway India Enterprises has been finalized and charge sheet has been filed on 24-01-2008, in the Court of Hon’ble Chief Metropolitan Magistrate, Hyderabad, vide C.C.No.125/2008, and requested the Government, to issue Notification under Section 8 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, in the official Gazette declaring every copy of the News paper and every copy of the publication / websites containing such material or the advertisement connected with any prize chit or money circulation scheme promoted or conducted in contravention of the provisions of this Act or any advertisement or in relation thereto, to be forfeited to the Government of Andhra Pradesh.

2. And whereas, the Government have carefully examined the proposal of the Director General of Police, Andhra Pradesh, Hyderabad, and after careful consideration have decided to issue a Notification in the Official Gazette of Andhra Pradesh, to declare every copy of the News paper and every copy of the Publication / containing such material to be forfeited to the Government of Andhra Pradesh which is connected with the propagation or otherwise under the Prize Chits & Money Circulation Schemes (Banning) Act, 1978.

3. Accordingly the following notification shall be published in the next Extraordinary issue of the Andhra Pradesh Gazette.

NOTIFICATION

In exercise of the powers conferred under section 8 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (Central Act No.43 of 1978), the Government of Andhra Pradesh hereby notifies that the “Amway India Enterprises” is hereby restrained from publishing any material / advertisements containing such material connected with any Prize Chit or Money Circulation Scheme, promoted or conducted in contravention of the provisions of the Act, and declare every copy of the News paper and every copy of the publication containing such material or the advertisement to be forfeited to the State Government of Andhra Pradesh

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

AJOYENDRA PYAL,
PRINCIPAL SECRETARY TO GOVERNMENT
To
The Commissioner of Printing, Stationery & Stores Purchase,
Andhra Pradesh, Hyderabad  (with a request to publish the Gazette Notification and to furnish 500 copies of the Gazette to the Government immediately)
Copy to:
The Director General of Police, Andhra Pradesh, Hyderabad
The Additional Director General of Police, CID, A.P, Hyderabad
The Law (E) Department
//FORWARDED::BY ORDER//
SECTION OFFICER



2 comments:

dtytrivedi said...

NEWS » STATES » KERALA

THIRUVANANTHAPURAM, September 7, 2011

The State Cabinet approved on Wednesday the recommendations of the committee headed by Chief Secretary P. Prabakaran on direct selling, specifying guidelines for the sellers.

Chief Minister Oommen Chandy told the media after a Cabinet meeting that direct selling companies which abided the law and did not cheat or fleece customers would be allowed to function. They should not function like money chains or resort to tax evasion. Compulsory subscription or insurance would not be permitted at any stage.

The Chief Minister said the offices of multi-level marketing companies closed following police action could reopen if they functioned according to the guidelines, which would be communicated to the police immediately. Cases against them would be withdrawn if their operations were within the parameters of the guidelines. Otherwise, they should change their mode of operation before restarting sales.

An official release said the guidelines specified that the consumer should have the right to get refunds if products found unsatisfactory were returned within 30 days. No product should be forced upon the sellers by the company and no membership fee collected.

Commissions paid to direct sellers should be in tune with the quantity sold. The consumer should get an opportunity to examine samples before buying. Companies would be required to provide full information on their products and sellers. Salesmen should have identity cards issued by a government agency and should take advance permission for selling in various areas. They should issue clear records of the sales to the customer.

Companies should be authorised to do business in India and should file all mandatory returns. They should have trademarks or licences. They should maintain a regularly updated website giving details of their products, services, price, and other details, besides information on their companies.

source: http://www.thehindu.com/news/states/kerala/article2432798.ece

Shyam Sundar said...

What Trivedi conveniently misses is that the Amway is not a in a position to dictate terms and it could not fulfill the terms and conditions set by the Kerala Government. It is open for the police to shut it down if it did not comply with the conditions laid by the Kerala Government.