It’s Official! . . . The 10 Hottest Careers!

Material Geek on June 03rd, 2010

03

Jun

You’ve got a future! Go for it! But where? Let me tell you about the 10 hottest careers.

Let’s face it, if you’re just starting out in the job and careers market you want to have a solid track to run on. You want to be pointed in the right direction . . . a direction where you have an above-average opportunity.

Or maybe you’re already into a steady job or career, but you realize it’s time to look around. You want to advance yourself. Once again, there’s no better place to start your search than taking a look at where the best opportunities are.

Well, here’s where the best jobs will be in the future (which starts today).

Government economists have estimated which occupations would grow the fastest between now and 2014. They also predicted which occupations would have the most new jobs. Here they are:

** Network systems and data communications analysts

** Physicians assistants

** Physical therapists assistants

** Dental hygienists

** Computer software engineers, systems software

** Network and computer systems administrators

** Database administrators

** Forensic science technicians

If you’re just starting out as a high school or college grad you’ll want to consider these fields because they will give you the advantage of above-average opportunities. But there’s room for some creativity here. For example, maybe you don’t see yourself specifically in one of these hot careers. So check to see if there’s a crossover effect related to something you’re more interested in.

For example, if you’re a sports enthusiast there are unique opportunities where you can find a home for your interests as a physical therapist. Or, say, you have an interest in getting into a business environment in some capacity. Well, the needs for someone with various computer software or database skills are extraordinary. Or couple your goals in law enforcement with forensic science.

Please understand that the starting point for any intelligent career move is YOU! And a good first step is to make a careful review of what you’ve got going for you. Don’t rely just on your work history to make this list. Indicate your work-related qualities and your work “style” as part of this assessment. And don’t forget all those activites outside a work environment that contribute to the overall picture of you. This list will help you make a career choice.

Whatever you decide, it’s important to see yourself in the bigger picture. For those of us committed to the alternative job search and non-traditional career advancement movement, this has special significance. It’s what we call developing a “Failsafe Career.” That’s one that you build for a lifetime of job success. Check it out!

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Biotechnology Careers in the United States

Material Geek on June 02nd, 2010

02

Jun

Biotechnology combines the study of biological sciences with technological advances to find solutions to important societal and scientific issues. Biotechnology is especially useful in research and development related to medicine and pharmaceuticals, agriculture, food production, forensics, wildlife conservation, and biological studies.

The field of biotechnology is the ultimate frontier of scientific and technological studies. Biotechnology can aptly be described as a subject that requires a multidisciplinary approach to innovation and development. Those in the industry study the basic elements of matter, such as tissues, cells, and even smaller components of life, to provide solutions to industrial and scientific problems.

Currently, biotechnology is a multidisciplinary domain in the United States. Therefore, diverse educational options exist in the field across the country. There is a growing need to produce skilled graduates who can cater to the career-related demands of the industry.

The key aim of biotechnology programs is to ensure core competence in the field of biotechnology. Diverse objectives include preparing researchers, managers, technicians, and other professionals to fuel the surge in the biotechnology industry. Biotechnology graduates may also elect to pursue higher qualifications in such fields as biophysical science, mechanical engineering, and computing.

Educational programs range from certificate and bachelor’s degree programs to master’s and doctoral degree programs. To cater to the managerial and leadership needs of the biotechnology industry, some universities offer dual degree programs as well. These programs include managerial preparation along with biotechnology training.

Presently, the biotechnology industry offers a variety of career options for biophysical science, agricultural scientists, general practitioners, forensic scientists, laboratory technologists, and veterinarians.

More and more career options are opening up in the industry. Biotechnology graduates with some experience can expect to find employment as bioinformaticians, consultants, and industry researchers. Biotechnology graduates with management skills can expect to find employment as biotechnology consultants and biotechnology directors.

Although biotechnology has conventionally retained its identity as an academic domain, there is a growing demand for highly educated professionals in biotechnology businesses. Presently, there are around 1,500 biotechnology companies in the United States. Together, their business totals more than $40 billion.

There is a growing need to meet the growing demand for biotechnology professionals and qualified graduates produced by universities in the United States. However, most biotechnology professionals attuned to academic lifestyles are finding the change drastic due to industry expectations with regard to returns on investment.

Businesses cannot afford to lose good scientists with sound academic and research credentials. What is required is simply adaptation to the business aspects of biotechnology. Therefore, even if biotechnology scientists do not display entrepreneurial desires, a series of short-term training programs can help fill the gap between academics and business.

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Failed state

Material Geek on May 31st, 2010

31

May

 NATIONAL DISASTER – A FAILED STATE

Preface

A country India where millions have no guarantee of living like a human being, where only Indian styled glorified titled public servants enjoy the free loot of national exchequer, NOTHING IS PEOPLE/USER FRIENDLY.  Be it Government run banking sector, IT sector, or whatever, it is just a big screw up.  Public servants as experienced for years are at liberty to extort the people and are at liberty to throw the people away from their work place.  And, this is India in 2009.

In India, in old age, my father had no pension, had no guarantee of living like a human being.

 “Freedom fighter”, fighters’ pension was refused by him.  By this time by leaving a glorified titled public service in India,  I had opted to live in civilized countries to prove myself and had come to see him almost every two or three years.  On such a visit, I found an envelope boldly marked O.I.G.S…

 Since our relations were like friends, I enquired about this letter.  “find it out yourself”- was the reply.  Little did I know it was a letter for offer of pension as “freedom fighter” and in line with many other Indian glorified titled papers and it was dated about four months back?  “Why didn’t you sign and send it back”- I asked.  He replied “we struggled for independence on principle, not for money.  Whatever the foreign ruler was, they did not beat us up in lock up or in jail. They did not provide garbage as food.  At least they had some humanitarian feeling”.

 He also added, after all, these rulers were from a foreign country. Naturally, they would like keep themselves above the locals and in history, this is quite natural. In so called independent India, members of Parliament, (some of them with criminal charges) devised VIP, VVIP, Gazetted etc., for their own identity to keep themselves separated from the people being ruled, making them free to loot the national exchequer.. Look at the present India. Sons of the soil are killing each other in one name or the other.  So called elected glorified titled public servants enjoy/loot the people, at the same living like “Raja” and “Maharajas” so are their stooges, all at the cost of “have nots”  whereas for the rest of India have guaranteed are starvation, deprivation, anarchy, lack of security what not,  and have turned poor to poorer  Are these people human being- he growled. You’re my pension.

 In the process the present generation of India most of whom have degenerated to self centered foot lickers of these glorified titled public servants elected and/or appointed perhaps will call my father a “mad cap”.

 I respect my dad from my heart. In my teenage I had found him working on lacks of rupees of cash completely in-charge of a business operation of a devotee of Shri Shri Ma Anandamoyee.

 His salary was INR90.00 per month.

 Surprisingly, people with high priced cars used to visit him at the slums we used to live and touch his feet with reverence and used to enjoy the food with us, that we had lintel and gourd creepers.

 Fortunately for me, as long as I was working in India with foreign oil companies there were no scope of cheating me for financial gain or otherwise, for the fact it was open expense account, and I could help the needy also.  All my employers wanted work.  It was best of my career in India.

 Having achieved a ripe age, I’ve nothing to regret for my deeds.

 What are the deprivations and consequently degeneration to criminal activities taken for granted in the shadow of so called Indian politics named as VVIP, VIP and their stooges, amass wealth definitely disproportionate to known earnings, and the rest who can’t tow the line, sufferings, torture, even life threats are daily affair, killings, are the granted conditions of billions of people of India?

 Millions have given their life to achieve freedom for India.  To my knowledge, most are forgotten.  But, did they want this India where only glorified titled public servants elected and or appointed resort to all unscrupulous means to amass wealth even killing hundreds or thousands of their own people!

 If there is something known as God, how long will he/she tolerate this unabated torture of the sons of the soil, mass, including foreign visitors?

 Today my father did not have to witness the worsening situation of the society and that of the so called Government.  He is gone to eternity. When in India, I find myself mentally pauper.

 The way it is now, where people feel pleasure of doing damages to others,

criminals in disguise of public servants are the VIP and VVIP and what not enjoy on the fats of have nots –

“emon larak kothayo khujey pabey nako tumi,  Criminaleyr swarga setaa Bharatbhumi.”  I sing, meaning, you will not find a better hell than this, this is the paradise for the criminals.  Some predicts this land India which had been subjected to be slave of others for centuries, will soon be once again.

 Disclaimer:  Whatever seen, suffered, torture imposed upon me and likewise millions of sons of the soil even to foreigners are written here.  Any personal similarities are purely coincidental.  Exceptional if any, are like my father.

 -1-

 

Common scenario

 

“Raja” the Chief Minister of an Indian province in Indian terms is known as VVIP of a country number wise the biggest democracy in the world  with red beacon and screaming sirens is having a ride with a chauffer driven car, escorted by tens of cars of Police forces, paramilitary forces all having automatic killing weapons.  Even the personal bodyguard has automatic killing machine. And the cyclist who happened to be on the way was beaten up mercilessly by the police and left on the road. 

The so called ambulance does not have any right of way and press reports indicate that these are used to carry arms of weapons for the hired goons locally called “cadres”.

 Raja lives in a house at the cost of national exchequer near a forest conservatory.  One pregnant jackal started howling at night and immediately a Superintendent of Police (these people head the police force in a District) shot the jackal.  Little did the pregnant jackal know that Raja is living there and she will be shot on expressing her happiness?  One wonders, what little good this Superintendent of Police he did for the mass of have nots?

 Surprisingly, the Constitution of India says that all are equal before the eye of the law.

 The so called law has been circumvented by few elected people by raising their hands in the Parliament  and these people are called VIP, VIPs and what not.

 Although a local High Court in Delhi has ruled that these people are not national assets, hence such luxuries, pomp and grandeur at the cost of national exchequer must stop.  But who cares?

After all, these people are VVIPS, VIPS in Indian terms, law of the land, and, in practice ruling of the court, is not applicable to these people.

 

People get charged for falsely by the police if opportune arises and/or if ordered by the so called VVIP, VIP and their stooges.

 Incase a criminal is caught most of whom are patronized by the so called VVIP, VIP and or stooges, the police let him free on order from higher ups.  Of course, there is no documentation or record for such orders.  What poor policemen are going to do?  After all they salute these people for reasons best known to them. Besides, criminals caught intimidate the witnesses with dire consequence if they dare tell the truth before the court of law.  Police is there to protect the public servants known as VVIP, VIP and many other local glorified titled public servants.  In reality, they’re not to provide protection to the common people.

 “You fool don’t you realize that “Raja” and his stooges will be at the top luxurious conditions and will have assets so that next fourteen generations all at the cost of national exchequer so that they can have the same life is the accepted practice here”- somebody retorted.  This is unbelievable in a democratic society.  But, this is the fact of life, here in India. Who cares if some die in starvation, who cares if somebody gets killed by the so called stooges of these VIPs, VIPs, who cares if you get robbed right in front of police station/s, who cares if one gets raped?  When asked by the press “Raja” answers these do happen everywhere.  Accepted, but where is the law and order and justice, financial compensation for these losses. “We can’t afford” is the reply of “Raja”.  But Raja and their stooges can blow away billions from national exchequer for their own ends to meet.

 Who cares about accountability? Who cares about the stinks raised by the Comptroller and Auditor General?

 Raja and their stooges have luxurious foreign trips in one pretext or other, be it medical ground, be it sons/daughters schooling, be it in name of foreign investments and the pretences are endless, all of course, at the cost of national exchequer.

 Raja and their stooges all glorified titled public servants have endless expenses for their telephones, colonial style living, colonial style guest houses free meals and who pays for all these, the billions who gets practically nothing from the national exchequer.

 Of course there are endless commissions set up, normally headed and/or members by the political parties (the fact states, hardly there are politics over here, rather “criminalitics” a word based on the reality) supposed to find the facts and most of the findings of these commissions are not law binding.  Everything is national secrets, even the expenses of these Rajas and their stooges. And, very recently there had been a law “Right to freedom of Information”.  Like all laws here, who cares? And, which judge in India is going to put on trial the Rajas.  Most likely, he’ll not be a judge in the same court next day. And the next judge taking over the hearing will find nothing wrong and exonerate the Rajas and their stooges with honor.

 And, if there are proofs that are hard to be refuted by the judge, the case will be never ending and meanwhile Rajas and stooges with all criminal charges hold public offices continue having free lunch and luxuries until the case is disposed of by the court which may take 30 years if not more.  What a justice! In name of fundamental right glorified titled disguised criminals can go up to Supreme Court of the country even for getting a bail. There’s no non appeal able ruling of the court, even in case of Consumer court. Imagine the condition of a daily wage earner, can they afford to fight for injustices in stages to Supreme Court of the country!  Of course, in law books it is written that these people will be provided with free legal service.  As the people say, it’s not that simple.  Even here, the bosses of “criminilitics” and their stooges have the final say, people tell me. 

 District level and or state level or even in national level what services are provided to the people is “god’s guess” but definitely all services are guaranteed to VIPs, VIPs and their stooges.  This is the practice and reality in today’s India.

Even a Municipal Chairman enjoys the same luxuries and free lunch and dare sanction all kinds of illegal activities such as violating all national building codes, in violation basic principle of engineering digging up the roadside soil for the water to log for mosquito breeding, Environmental Pollution with immunity and people say, either by the orders of the higher up of practitioners of “criminalitics” and or by greasing the palms.

 By international pressure many new laws have been implemented by the Government of India and insiders say all on the pressure of civilized nations who grant aids and or loans to India.  Among these is the centralized provident fund for all industrial workers, Human Rights, Consumer protection, Environmental Protection act, Right to Information, and so on.

 Dhop Dhop Ram Fatfatwala (fictitious name) owns jute mills manned my hundreds of worker.  And Mr. Fatfatwala has not deposited the fund of the workers to the Central Provident fund and consequently the central provident fund commissioner issues an arrest warrant.  Rajas come in the picture and orders police not to arrest him.  The jute mill was closed and Mr.Fatfatwala is out of the province to devise another scheme to loot the national exchequer and or cheating the common people. The workers die in starvation or forced to enlist themselves in the “goon squad” of the Rajas in name of politics. This scenario is taken for granted by the mass of India for the fact they have no other choice.

 Excepting few tenacious and right doing and thinking people who can fight forever even in some cases 20 or 30 years and meanwhile if one is not dead by natural process and/or get killed, may be there may be some justices and/or remedies.  The rest suffer in mute.

 One Central Police Officer had the guts to arrest one of the Rajas of a province and put him in jail with umpteen numbers of criminal charges.  Of course, for the Raja the jail was an air-conditioned government bungalow with all luxuries as enjoyed and this Raja was set free by the court on bail.  Who knows what happened to criminal charges, but this provincial Raja has a cozier place in the Central Cabinet Ministry.  It had been years. 

 Local papers state that this man is a management guru and goes to lecture to Harvard University and what not.

 Once a clerk of a biscuit manufacturing company, the nincompoop son of a Raja had a desire to go into business to enlist him as industrialist a fancy name coined the local political personnel and their stooges. Nationalized banks granted him billions of local funds and god only knows what happened to those funds and what industry had been set up.  This Rajputra (son of Raja) is now known to be in UK with all legalized paper to stay there.

 After all, as claimed, this is biggest democracy in the world!

 Hearsay is that one of the Raja had a Barrister-at-law title from UK.  But the local competition is tough to gain any ground in the legal sector.

He opted to wear a torn shirt got some followers and used to move in slums claiming he is the savior of the poor.  He taught his followers the slogans like “break it down, grind it down”, “it will not work”, “our demands must be met” at the same he taught to burn the buildings, transports, and what not!

 And, this savior of the poor had been Raja, freeloading and luxuries for more than 30 years.

 Another Raja who was dethroned manipulated to put her nearly illiterate (as I had seen, and heard, university degrees with right connections are for sale and or offered) wife as Chief Minister of the province.

 These so called democratic Rajas had been reigning at least for last 60 years.  And, India’s freedom had been for 60 years.

 In all other democratic countries that I had lived, visited, I did not see any VIPs, VIPs and did not see anybody being escorted by Armed Police and paramilitary forces.  Even a police constable can arrest anybody found breaking laws, irrespective of Ministers, Secretaries, Janitors.

 After all, India is the biggest democracy in the world they claim!

 Is it the biggest anarchy of the world?

As I have heard the definition somewhere, I quote, “for the criminals, by the criminals of the criminals….”.

 -2-

How it had been working so long!

 

The so called political parties (better stated in reality, criminal parties) have infiltrated in all spheres of administration having a parallel political administration with that of established machinery of public service set by British Raj. These are so called elected (some elected at gunpoint, coercion, intimidation, and what not, and other unfair means, a locally acceptable methods) parallel administration is termed as administrative reforms in disguise to provide service, even criminal (as had been reported in the press) to meet need of the every members of the party, including hiring unlicensed armed goons in name of party workers, who massacre innocent people who do not tow the line of “criminalitics”, in front of the police forces where police is a silent spectator.

 After all, the way it is, Police is the stooges of Rajas and police dare not intervene.  Police will extort, harass, and lay false charges who oppose the activities of Rajas and their stooges and or to people who hardly make even one time food/day.

 If Rajputras (Rajas’ son) is pick-pocketed police will definitely recover the purse within an hour. It’s guaranteed.  In anybody else’s case who cares?

After all, police have won the right to form union from the Rajas and like local appointed public service have guaranteed pay cheque for life, without providing safety and service to the mass.

 And, this is the largest democracy of the world!

 This is the scenario in every sphere of Public Service. They are there to salute the Rajas and their stooges and provide service in a flick of a moment to them even if it is criminal.

 Al Capone, the criminal king of the then USA, Gestapo of Germany’s Hitler, a cobbler’s son, Nicolae Ceausescu of Romania, (by mass uprising he and his wife Elena were executed by firing squad)  Saddam Hussein of Iraq, who was hanged to death, are perhaps the most nearest examples one can find equivalent to scenario in India.

 The so called political parties have established network of party workers some call “goon squads” with illegal automatic killing weapons from village level to top hierarchy of the administration.  These all have fancy local names with immunity to all criminal activities from the state police and only the unfortunate ones get identified by the individual exemplary Central Police.

 Again, the funny thing is that Central Police can not take up any criminal investigation until and unless it is blessed by the Rajas and/or one goes through the High Court procedures and in some cases, these are objected to by the state administration of Rajas.

 Again, hearsay is that Central Police is also not beyond the scope of the all unethical practices of local public service. Exceptions if any, are there but, statistically they don’t count.

 All the laws of the land are meant to be ignored with immunity by the so called political workers some term them as “goon squad” who has the patronage of the law and order and of course administration.

 Rajas party is having a public meeting.  Children from primary schools, teachers, local professors, farmers, and who not, all the members are shipped by “goon squads” of the Rajas commonly known as cadres/leaders and their stooges the public meeting at the order of Rajas and their stooges.

Who cares about the schooling and suffering of children and other functions of public service?  Who cares about the inconvenience of the public, who cares about the noise level generated?  Who cares about gathering of millions of people in already overcrowded city. Of course, there are laws for it.  Who will implement it, as long as it is done by the “goon squad”/cadres of the Rajas and their stooges? Who cares about the Environmental Pollution, right to leave in peace and whatever fancy words are printed in the constitution of the country.

 And, changing the constitution of the country, India, is very easy. For the convenience of the so called elected they’ll raise their hands to change the constitution for their own free looting and luxuries.

 In other civilized countries, as I had observed, once the national parliament approves a change in the constitution of the country it must be approved unanimously by all provincial assemblies.  Even one objection from the provincial assemblies makes the proposed change null and void.

If the central government feels that it is for the betterment of the mass it has option to put on referendum for the people to give their “yes” or “no”. The constitution can only be changed and the law can only be changed if it is accepted by the referendum, not held at gun point, or intimidation or whatsoever.

 In reality, public service is there to salute and provide services to the VIPs, VIPs and their stooges.  Run around for months, years, and being thrown out of office and or police station are very common scenario.  And, the way it is people has no choice to avoid the public service and the public servants, either elected and or appointed in general, are habitual liars, extortionists, procrastinated, and it appears that these people are there to harass the public, not to provide them service until and of course their unwritten conditions are met.  Even if you grease the palm of these public servants, there is no guarantee that your needs will be taken care of. Exceptions do exist and they don’t count and hardly allowed to get things done.

 There hardly exists any humanitarian feeling and helping fellow humans. Those who are still left with human qualities are scorned and barrage of slang are thrown upon them and, if police finds a scope to extort or to implicate the innocents they’ll also show their color.

 Procedural law and order:

There are no securities for the people. Even the odd balls police officer take a humanitarian view, he has nothing to go by.  He/She has one stick his hand. He can not shoot to protect your life, that’s the practice not the police Act enacted by the British Raj and modified by the present rulers, as it appears, to use the police as their slave.

 There are reports in the press in state run government hospitals for granted reasons Autopsy reports are fabricated, so are the Forensic reports. This science only exists in the book, so is the DNA reports.  To get these tests done from reliable source is a highly expensive affair for the individual. One is lucky enough to get a person or persons with integrity.

 In summary, lawlessness and looting of the national exchequer is an accepted way of life.  People are beaten to death by the mob (goon) squad in public anybody objecting to it, subject to face the same situation. If one can afford the prohibitive cost and dares to go to judiciary, it is experienced that highest judiciary of the Province locally known as High Court, overlook the proven points in the judicial application and let the applicant go in circles a never ending process which may not materialize in one life’s term.  JUDICIARY IS A NIGHT MARE IF YOU DON’T HAVE BILLIONS.  If one does not have billions, can not get justice if it is against the state machinery, irrespective of violating all the rules and laws of the land.

 And as per the World Bank data, per capita income is $1.06/day.

 Humanity was the backbone of Indian Culture from Vedic era.  That’s history. After all, this is the largest democracy of the world!

-3-

-Public service and or Public undertakings.

Few examples:

 Food and food supplies:  There is a food rationing system by the state governments by providing ration identity cards.  Even if you’ve one, there is nothing in the ration shop for your family.  As per the press reports supplies from the government storages are distributed to retailers in the market with the market price.  As the ration shop keepers claim that they have to do this to satisfy the greed of local members of the “goon squad” in name of “criminalitics”. Even to get a ration card identity it is a process of never ending but by the members of “criminalitics” and their stooges have a way with it with no time lost.

 With IT catching up with the rest of the world, I was told by a IT professional that they’ve discussions with the Rajas’ stooges to have the ration card issued digitized and at the same, they’ve been told that there are more than 20 million false cards and these have to be accommodated in the IT system, to be legalized.

 Adulteration of all food products, it appears is an accepted way of life.

Be it milk, edible oil, whatever.  As experienced, and as per the press reports life saving medicines are also adulterated. Even rotten fish, uncertified live animals are butchered publicly and sold.

 Again there are thousand and one public servants to check on it.  It’s anybody’s guess what they do and/or what they’re allowed to do by the practioners of “criminalitics”.

 Education:

 Private schools approved and recognized by the local government for Medical, Engineering, Law, Management, IT, and what not have sprung up all over the country.  Experience indicates in these private schools one who can afford to pay the extraordinary entrance and tuition (in comparison to state run schools and fees) fees have access to it and get out with all kinds of degrees.  Students in these schools what do they learn, is anybody’s guess?  This is one of the good businesses to get in to suck the public if you’ve the clout and capital investment. But they get public service with guaranteed pay cheque irrespective of output and or service to the public.

 Be it High School students or higher classes, in general they’ve no respect for the elders, no respect for the laws, not even self respect, not even the teachers, as I observed.  No manners, no ethics and even hard to believe they possess any humanitarian quality. In general they find it a pride to throw slang at ladies, elders, disabled, and what not?  As experienced, poisoning somebody’s pets, throwing stones at window panes, even hand made bombs, threatening with life, is their pride.  They invariably show respect and salute the practitioner of “criminalitics” and their stooges and “goon squad”.

 Even most of the teachers keep silent about it, so are most of the law and order keepers.

Exceptions, if any, are known as mad caps.

 Leaving aside few state run well renowned autonomous learning institutions, it had been observed anybody can have a degree by one way or the other and hold different local high sounding public service, of course with local blessings of practitioner of “criminalitics”.

 Communications, Telephone and IT:

 This was a monopoly by the public service until recently. Billions are spent from the national exchequer for members of Rajas and their stooges.  People are burdened with fictitious bills and I am told the local law says that you pay the bill first then only the telephone provider will talk.  Most of the web address of the Government Departments don’t function. And the service provider a Government business do not care to provide service and scrupilious enough to pass one’s data to another for few Rupees (in case of Internet) to charge fictitiously and if you go to court it’s another nightmare.

 One does not have any choice to go to court of law to sort out, if at all, in their lifetime.

 Medical:

 As usual, Rajas and members of the family and some public servants who are likely to be stooges of “criminalitics” have free medical even in the costliest paid hospitals and or nursing homes.  Some even go to developed countries of course at the cost of national exchequer to get cured and or for medical treatment.  As seen in the press advertisement, they recruit VIP doctors at the All India Institute of Medical science in New Delhi.

 Mass goes to local government run hospitals that are controlled by “goon squad” in name of “criminalitics”.

 Even the worst victims of accidents and or mishap can get no treatment or admitted in the hospital if it is not patronized and blessed with “goon squad” and or practitioner of “criminalitics”.

 They meet with the eternity in helpless conditions.  The local press is full of news with these news and news of massacre by the “goon squad” where police is either a silent observer or intentionally not present.

 Most state run Government hospitals stink with urine and stool smells and smells of piling garbage.  Even stray diseased dogs and cats find a shelter in the hospitals and medicine stores nearby as people say, sell medicines at exorbitant prices and insiders say that these are medicines that come from government storage to hospitals for the patients.

 About 25 years back I took a patient with swallowing poison to such a government run sub-divisional hospital and the so called doctor attending the patient never heard of a stomach pump and the patient had to die.

 If one goes to court of law to seek redress, the so called local Indian Medical Association will find nothing wrong with the failing doctors for malpractice and or willful negligence.  Very recently a visiting NRI doctor a Professor in Medical College in USA, got his sick wife admitted to a highly expensive medical facility at Calcutta where she died as per the NRI doctor for negligence and malpractice of the doctors.  He took to them court of law and got them jailed.  But the state High Court let these doctors free and as per the press, Indian Medical Association got nothing wrong with these doctors.  It appears all are in hand and glove.

 To add, the local press was full of scorn, false accusations, about this NRI doctor.

 My efforts to start a manufacturing unit with the help of American MNC met with all kinds of handouts, extortions, laying fabricated criminal charges, and the list is endless. And, added to it, were the standard slogans with red flags as taught by practitioner of “criminilitics”.  I just ran out of the country after clearing all the criminal charges and greasing the palms as required and fortunately for me, I found an advocate (who is a High court Judge now) took pity on me and in state High Court, I was cleared of all charges.  But the local judiciary in sub-divisional level who was influenced by the members of “criminalitics”, who had no reasons and or legal ground not to dismiss the charges, did not do so.  This so called sub-divisional judicial magistrate/judge died of cancer and he is fondly called by the bar association as “cancer ghosh”.

 As is seen, state police is just the slaves of the masters of “criminalitics” so called elected public servants and their stooges, in India commonly known as VVIP, VIP and what not.  They’ve no respect of the law of the land and the so called Constitution.

 Besides, even police catches hardened criminals, there will be no witness in the court for the fact, and the “goon squad” has thrown life threat ultimatum to these witnesses, with life, wife, daughter, son and what not! Police do not protect the witnesses.  After all, police is busy as they say “VVIP duty”.  Mass do not count.

 Infrastructure:

 In most parts of the country the roads maintained by the public service are beyond imagination to drive upon, even bicycling.  Ministers and their stooges portray their images with all big sounding words in the press unveiling the beginning of a project by spending millions from national exchequer and that project it appears is never ending and in the process, finds allocated for the project is siphoned off. In spite of all kinds of acts, like Environmental pollution act, Safety, it is taken for granted.  The head of the municipality definitely of ruling goon squad, orders taking out the soil in front of the house supposed to be green area and sell it.  This is definitely a crime and against all Engineering norms to weaken the foundations of residential houses.  Police is a silent on looker and when written complaints are provided to Police which they normally refuse to acknowledge and file suit at the court from experience they appear, are just deaf.  For years, the roads plying heavy vehicles had subsided and instead of bringing the road to the “as built” condition the local members of the “goon squad” finds all kinds of excuses of digging out the soil and haul it. And get some money for it.  Most public servants with the title of Engineers are not regulated any professional organization.  At the whims of “goon squad” anybody can be a Engineer without having any professional recognition.

 What does one expect from this scenario?  Infrastructure funds are for purchases of personal cars, houses and what not?

 These people change the master plan of the municipality to their advantage (mostly money), even though there’s order of the Supreme Court of India that nobody is authorized to change the master plan of a locality.

 Water Supply:

 If there is water on your tap, one is lucky to have mud, worms and all kinds of bacteria and viruses in the water supply.  It is taken for granted.  There are umpteen numbers of glorified titled public servants to ensure that everything is done in line with the standardized norms but, who’s going to stand against the head of the institution that belongs to the groups of Rajas’ goon squad?

After all, they’ll want to live in peace and have their eyes closed.

 Once in Calcutta, I was witnessing a large diameter pipeline being laid and there was a fellow standing like a hero supposedly to be some kind of Engineer and or Supervisor.  When I asked “what’s this going on, this is not being done by engineering norms”.  He showed me the office of the local Superintending Engineer nearby and asked me to tell it to him.  Since, by this time my eyes have opened about the “hand in glove”, and this project was funded by the World Bank, I just fired a letter to then World Bank president Robert McNamara.

 By this time I was gone to my work to civilized countries.  Robert McNamara came to Calcutta and enquired about me and did what he thought prudent to be done.

 Public transport:

 It is regulated by the state vehicles department.  Even the routes are allocated by the members of the “goon squad”.  In residential area these vehicles pass by with electric horns to make a dead to stand on its feet and emanating all emissions both of which are against the Environmental Act and the Master plan of the locality.

 As reported in the press, some state run public buses don’t have route permits.  Well, they say, it’s just the system.

 Local, glorified titled public servants’ roads are blocked by putting iron bars so that no heavy vehicle can pass through.

 Economy:

 There are kinds of statistics, figures thrown in the press by all concerned including VIPs, VIPs and their stooges indicating a 10% annual growth.  Good.  If so, why mass suffers without any basic guarantees of life, added with extortions, killings, tortures and what not, and the so called VIPs, VIPs and their stooges loot the national exchequer!

 Of course, this is the biggest democracy of the world!  (Depends on the definition of democracy).

 -4-

State runs businesses:

 Banking:

State run banks do give a damn about customers.  Employees, bank tellers, are just gossiping and talking to each other about their girls and the customers are standing in mute in line.

 If objected to, state run members of the “criminalitics” who manages the state run unions roughs up the public and unhesitatingly roughs the manager of the bank if he/she takes any disciplinary action against the defaulting employee.

 In 40 years in civilized countries I had no discrepancy with my banking.  None of my requests were ignored.  My monthly remittance to India to Indian nationalized bank for supporting the people India had no discrepancy in inward remittances.  Few remittances were missing.  The reply of the guaranteed pay cheque holder of the Indian bank with a fancy title sternly replied to me it is your bank that did not remit.  How am I going to make this glorified title holders of state run Indian banks that this do not happen in civilized countries.  I just closed my a/c and looked for better of the evils.

 I wrote a cheque for my housekeeper and asked her to deposit it to her account in a state run bank.  She never saw that money.  For years, I’d to fight in the court of law to get that money.

 There are no limits of harassments and damages caused by the Public sectors and the locals take it for granted.  Why they don’t have “hire and fire” if the clients (in this case public) are not provided with service? Who’s going to do it?  As per press reports quite a good number of MPs, MLAs, have umpteen numbers of criminal charges.  But they are still MPs, MLAs, so called law makers.

 It appears that public service in India are there to push peoples’ backs in the wall and in every step of life. Either the mass suffer in mute or those who can and still have finance and energy and time eternal, go to the court of law as a last recourse.  Not that this is a panacea or remedy but one doesn’t have any choice.

 Exceptions are hard to come by.

Transportation:

Railway implemented in India by the British Raj has developed into one of the largest network of railways in the world.

 Like the King George VI, the Railway Minister takes the whole train accompanied by all attendants, personal assistants, Secretaries, and all luxuries, automatic weapon armed security personnel and what not.

 The mass hangs on the hand rails of the railway compartments at the peril of the life and some even travel on top of the train to get electrocuted for the fact there is no room in the railway compartments.

 Well, after all a VVIP, VIP and their stooges, by Indian practice can do so.  Let the mass go to hell, is the clear message every time. Even the sons, daughters, and any other relatives of the railway minister just forces themselves into the air-conditioned compartments of the railway, and paying for it?  You must be joking.  After all they’re minister’s relatives. The ticket checker has only one head on his shoulder.

 Some railway employees take it granted to have their palms greased.

 Air:

 I was having a return ticket by Air India to India and back.  I had confirmed reservation at Ashoka Hotel in Mumbai.  When asked for the hotel to the Air India employee at Mumbai, “yahaa so jaon” (sleep here) was the reply, and he showed me the floor.

 There are VIP lounges at the Airports free of cost for the Indian glorified titled public servants.

 At New Delhi my connecting confirmed reservation by Indian Airlines was denied by the booking clerk (boarding pass issuer).  A slip of INR100.00 note to the porter did the trick.  I got my boarding pass.

 On return journey from Mumbai, sitting behind me I had lady passenger going to New York and she had a baby crying continuously from Mumbai.  She had the calling button pressed and the red light was on. In three or four rows before me there were Indian couple sitting and all the air hostesses, it appeared to me were performing “Bharat natyam” and serving all kinds of drinks, snacks without caring about the crying baby, and the rest of the passengers of a near empty Boeing 747.

 My conclusion that this couple was flying at the cost of national exchequer, i.e. freeloaders and must be glorified titled public servants of India was right. When in international territory, I objected to baby’s crying, and non existent of service. Baby’s mother needed some hot water to make milk to feed the baby. The captain of the flight apologized.  I’d flown pretty well in all airlines in the world.  This experience one can get only in India and in Air India.

 Good bye Air India.

 I had a mind to report it to Heathrow Airport and other international bodies but I just philosophized “no matter what washes are done, coal will not change its color”.

 My schedule for five days at Sanfrascico was cancelled. Since there were no queue in first class booking counter I approached the booking clerk (I was not rudely challenged, as I had experienced in the state run Airlines of India, by the booking clerk why have I got into this counter, since I don’t have a first class ticket) to help me out. My ticket from Sanfracisco to India was immediately rebooked next day by Singapore Airlines at no cost and since my flight arrived late at night in Sanfracisco by Aleyska Airlines; the booking clerk of Singapore Airlines politely provided me complimentary hotel and transportation, although it was not there responsibility. The Airline showed a humanitarian gesture.

 My flight from Edmonton to Calgary was late and the connecting flight to Sanfracisco already left.  Air Canada without any hassle provided with a free five star hotel with food for the night and taxi to and from the hotel and ensured that I’d a confirmed reservation from Edmonton to Sanfracisco and by Singapore Airlines, the next day.

How does it compare with Air India showing me the floor to sleep in at Mumbai Airport, and the crying baby not getting hot water to make milk for feed?

 One Maharaja (locally known as Prime Minister) of India used to fly with two Boeing 747 accompanied with whomsoever he liked and the logic provided to mass is that in case one has technical trouble, Maharaja can take the other one.

 And, the rest of the majority of populations of his kingdom are below poverty level even by Indian standard, let it not be compared with developed countries.

 By laws of average, Rajas and Maharajas of India and their kin and stooges have a free lunch, luxuries, wealth disproportionate to their income.  In practice, they’re above the laws of the land.

Mineral trading in international scenario:

 Iron ore exported with more than 70% Fe contents are reported to have been received at destination with 50% Fe contents.  After all, these are controlled by all regulatory authorities at both ends.  This scenario is very common in all raw minerals trading.

 Energy:

 a. Coal mining is a national sector.  Billions are siphoned off by the mafia from the coal mines and some even have their organized gang with automatic weapon to kill anybody they like.  Rajas, Maharajas and their stooges have, as they say, have their share.

 b. Power generation and distribution:

 Input versus output is nobody’s business.  Propaganda flies all around in all media that some power plants are operating at 150% efficiency factor. Whereas in reality it does not even function at 30% efficiency.

 At the whims of the Rajas and Maharajas power generation units are located even where there is not sufficient water to have one boiler feed of water.  So what? Rajas divert the ever drying river to the power plant site.

 In blatant violation of public safety, naked aluminum conductors are run through localities for distribution to households.  Monkeys, passers by get electrocuted and become dead and by local practice it’s taken for granted.

 It is told that in locality where Rajas and Maharajas and stooges live safety norms are followed.

 Whereas Rajas, Maharajas and their stooges have uninterrupted power supply, in some areas people will be lucky to have six hours’ of power supply, of course at the cost of national exchequer, some call it “free lunch” at the cost of mass who have guaranteed starvation, deprivation, torture and what not? One will be lucky to have 60 watt unit run in constant voltage.

 Unending greed and corruption, guarantee of protection of “goon squad” in different fancy names, guaranteed inefficiency and guarantee of pay cheque are the backbone of all this practice for years since so called independence of India.

 Rajas and Maharajas and their stooges don’t have to bother about their own needs.  Special units are there to ensure that communications, power supply, transportations, luxuries and what not are at top conditions. For the consumer, to have an electric meter functioning properly must be a miracle and fictitious billing is just an accepted way of life.  One has to run around in never ending circles to have the meter checked, and here comes two persons so called meter expert with a light bulb to check the meter?  Telephone requests if answered, do not work.

 As per the local information and the local press stolen transformers of State Electricity Board are sold back to State Electricity Boards.  Again, as per the local reports, spent oil from the transformers are mixed with edible mustard oil to smell it like mustard oil.

 Liquid and gaseous hydrocarbon:

 For the last 50 years it had been a monopoly of state.  Adulterations of the product at the retail outlet, manipulation of metering units are just very common business.

 With international liquid hydrocarbon sky rocketing prices one wonders how every Joe Blow has cars like ships and how do they maintain it?

 And as per UNO statistics the average per capita income of a person in India, is not even $400/year.

 Of course VIPs, VIPs and their stooges don’t have to bother about it?

It’s all at the cost of national exchequer.

-5-

-Bitter medicines-

 From personal knowledge, lot of people of Indian origin suggested in writing to government of India to implement the following:

 (a)    Issuance of Social Insurance numbered card to everybody resident in India.

 (b)    These days IT being the backbone any administration, this number will be tagged with all government departments, i.e. police, judiciary, banking, income tax, social benefits such as medical, medicines, election and what not. Not the present “hotch potch” system of voter identity cards, ration cards, PAN cards and these as one can see is there to manipulate at the convenience of so called elected and their stooges. 

(c)    This will enable to have some control of the situation of anarchy.

 (d)     Implement “hire and fire” in public service (in this case public) complain.

  (e)    In name of democracy abolish parallel administration of “criminalitics” from village level to top hierarchy.

 (f)       The question is, if any Joe Blows are elected in peoples’ vote why would they need security from the public?

 If people are elected by the people, not at “gun point” and / or other coercive method/s why would they need protection?   In all the democratic countries nobody excepting “Head of the State” gets any police protection.

 (h)    Why ambulance and fire brigade is not escorted by police vehicles?

 (i)      Why so called elected and or glorified titled public servants will be spared to face the law like anybody in the country.  Abolish important status and what not.  In democratic country and society who’s more important that others.

 (j)      Who’s got the right to violate others’ right to live in peace and all other rights that a state must guarantee to its residents.

 (k)    Public service is there to provide service to the public not to harass them or push their backs in the wall, a locally standard practice.

 (l)      Those who can afford, why people as a last resort to go to court of law for any public servants’ wrong doing? Why the departmental heads and the responsible Minister do not take remedial steps for any complaints filed by the people? If needed, to show the door.

 (m) In other civilized society as I had seen persons charged with criminal

      charges are not allowed to hold any public office. Look at India?

 (n) It is mandatory in other developed countries that no public servant

      can hold two public offices.

 (o) With national social security numbers, if these super intelligent

people, does not create fabricated national social security numbers there are no scopes of “black money” and or benami (fictitious names) bank accounts and properties spread all over the world.

 

(p) It appears that cancer has spread in every cells of the national body,       and the question is “who has the desire and guts of curing” it?

 

All the people are talking about ICBMs, Environment and what not all big

sounding words.  For years after writing to so many doctorates who heads national

and provincial Environmental Protection, I had to seek the recourse of the Kolkata

High Court and surprisingly, (as I know the reality now, it is no surprising to me)

one of the judges rejected my writ petition under article 226 of the Constitution of

India and in the Divisional Bench it was referred to District Magistrate whom I wrote

about a decade back and it was attached with my writ petition.  What a justice now? 

Meanwhile I had been squeezed to death financially by the so called advocates.

 

Who cares about these big words Microchips, ICBMs, Polymer applications in

Engineering which are very common knowledge these days when everywhere it is

apparent law of the land and International laws are broken with impunity in India and

people die of starvation, lack of  medical treatment.

 

Let India first learn the science of Human Science and Engineering as a law then

only it can justify its standing in the world.

-6-

Where it is heading to?

 Years back I transferred technology, to the Ministry of Mines and Minerals,(name changes and not practicable for me to keep track) and a Indian Professional body asked my permission to have it published in their journal.

 Assuming that the concerned ministry of Govt. of India had agreed to implement the technology, I wrote a registered letter to the concerned minister stating that I will have the technology implemented with Indian source and manpower and any fees they’re willing to pay may please be remitted to my father (who was then living).  As usual in line with Indian scenario it was not replied.

 One American Engineering organization’s business development manager, one of my ex-coworkers, invites me for lunch near my work place.  Surprisingly, he produced a photocopy of my report and said they’ve the job and their opinion was asked about the report. On my enquiry he replied “we’ve only one skin on our back and ethically, how can we say anything different, you’re in North America and we are working for you on the same technology”.

 “How is that possible”- I enquired.  It’s simple. The minister was here and we did what is to be done.

 I and many of my associates, friends of Indian origin had witnessed many such incidents in our lives.

 Again, when Rajsthan Atomic Power Project was being constructed by Atomic Energy of Canada, having involved in such projects all over the world, I opted to go to Rajsthan and take a working role.  In Canada, the head of the project invited me to have lunch with him.  “Hey we know you, but you’ll not be able to get anything done over there for the fact you’re of Indian origin.  Even we send a white brick layer from here; over there, all of them will call him Sir, and get the job done”.  Such facts are endless.

 Now the question is how long this will continue?

 In Vedas (Gita) it’s stated that I (God) come to this world to destroy the evils and protect the humane religion.

 Again, God get it done by us.  And when the people of India are going to awaken up and do the justification to the so called “biggest democracy of the world”.

 To make stunts here and there, few missiles are fired.  One or few nuclear explosions are done.  Communication satellites are lunched and at the cost of millions of national exchequer all local Rajas, Maharajas and their stooges are welcome at any place with red carpet welcome and garlands whereas, the mass have deprivation, starvation, torture, extortions, and millions of other evils for granted.

 Is it not a “failed state” where people do not have the guaranteed basic needs of life?  They’re guaranteed of starvation, to be bitten by street dogs at Government run hospitals, not treated by medical doctors, if in trouble with “goon squad” the uniformed “goon squad” locally known as police are not there to help, and the list of evils and inhumanity is never ending.

 In 1960s “Hindi-Chini bhai bhai” (India and China are brothers) a slogan originated by the then prime minister of India Nehru, when China butchered the Indian soldiers (I was working in the area then and mandatory salary deduction for defense at that time deposited in bank is a lost cause for me) occupied part of India, still under their occupation, is going to be repeated, or other courses of nature will dictate itself to bring justice to the people of India.  In Mahabharata kaurabs destructed themselves.

 Forget all the tyranny that had been on since 60 years’ of so called inpendence of India.

 Let India learn to take care of its residents not the VIPs, VIPs and their stooges with glorified titles in Public Service and the “goon squad” of practitioners of “criminalitics” locally known as politics.

 It must be done forthwith. Time has run out.  Otherwise, history repeats itself. Hope it does not end up like that.

 Copy right: CRS Registration Number is: 283468976

 

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Texas Professional Land Surveyors

Material Geek on May 29th, 2010

29

May

Professional land surveyors are persons who are authorized to survey private or public property to mark the boundaries of the area that is surveyed. Each state has its own rules and regulations. In Texas, the Texas professional land surveyor is one who has the authority to survey the land or the topography of any property. This is done for a fee. The surveyor uses various methods of measurement, analysis, computation, mapping, land description writing, research and the laws of the place to assess the property.The Texas Board of Land Surveying conducts tests that a professional land surveyor must pass. This could be by education, experience or testing or a combination of any of the three.When contacting a land surveyor it is necessary to have the deed, which is the legal description of the land. The professional surveyor will then mark any feature that he sees in the land, either natural or artificial. He will also mark the boundary fences and cross fences of the land. He will fix the area and prepare a map. Then he will certify that the plot is accurate. He will sign it and fix the seal of registration. If there is any dispute over boundaries, he is qualified to survey it and be an expert witness in case of any lawsuits.It is best to engage the services of a professional land surveyor and get the place surveyed before anything is built on it. This is true for any real estate, any part of a land that is bought or where a boundary is necessary.It is essential to get a reliable and experienced professional land surveyor to do the job. He should be judged by his work and not by the price paid. The job of the surveyor is to tell you where your property is according to the records. You need to tell him what services you want from him. He will be able to tell you your boundaries and the clearance needed with the adjoining property. You need to give the surveyor the description of the property which is available in the deed, the title insurance policy and the abstract of the property.The service charge for routine surveys can be estimated and given in advance. This includes the time taken to survey the place, make maps, write descriptions and search records. Anything that is more difficult, like conflicts in deeds or lost or stolen property corners will cost more and the cost may not be available in advance.The Texas professional surveyor does different types of surveys. They do land title survey. This gives the boundary with the corners, curvatures and angle points. This is necessary for the records. They do a boundary or survey in which they survey the boundary. This is used for any purpose other than title insurance. They route surveys for channels, creeks, roads, transmission lines etc. They do topographic survey for their clients. This is a survey and a map of any feature, elevations and contours on the land. They do horizontal and vertical control surveys. This is for boundary control, route construction, forensic and investigative surveys. Investigative or forensic surveys are done when there is any problem that goes to court. This is a combination of all the above surveys. This is done for problem involving boundary lines, encroachments, protrusions or accidents.The Texas Professional land surveyors follow a code of ethics. They render the best service. The surveyors use many modern methods and techniques to perform their duties capably. They form a part of a professional team architect, surveyor, engineer and an attorney to do their job well. The surveyor’s services are extremely invaluable for a person buying land or involved in any dispute regarding land.

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Dealing with Construction Claims ? the Gulf Way

Material Geek on May 28th, 2010

28

May

The topicality of claims has been accentuated by the fact that contractors keep chasing extras, and clients keep pursuing cost savings, particularly in lump sum contracts where the majority has been locked into. The trend is that claims specialists are reported mobilize on such contracts even before construction commences, to locate loopholes in the documentation and look for lapses in the process of contract administration that will altogether facilitate ‘juicy’ claims. This situation has jerked the entire Gulf region into awareness on the importance of good contract administration and the supreme importance of documentation.

By and large, the system seems to work quite well but considering the giant size of the industry, there are also some giant sized claims. Much has been written and debated on claims that represent 90% contractual. Perhaps some claims are indeed inevitable for example justifiable extensions to avoid invalidating the contract. Now, the claims specialists have been busy with compiling claims for work suspended in recession. However, problems arise when the provision for claim is abused, for example by allegedly tendering at low prices with the objective of profiting out of others’ mistakes and on the other hand by aggressively suppressing legitimate claims. Needless to say, the vicious circles generated by such exaggerated actions and reactions definitely add to the avoidable costs of construction.

It is not far wrong to say that Gulf region is the gateway to claims. This is partly due to the fact that contracts documents have been drafted in one sided language biased towards the client as a result of cut and past exercise. Although they carry a taste of FIDIC, they are not real FIDIC but locally treated versions tilting the even allocation of risks. To mention a couple of examples, construction contracts often include ‘keep working provisions’ for the parties to perform their obligations, despite the existence of a prolonged dispute. Also, the employer requires the contractor to proceed with variations despite the time and cost consequences, not having been agreed in advance. In a fixed lump sum contract, the contractor may lodge a claim for variation, but the employer might deny upfront on the basis of ‘lump sum’ or pay half of the cost pending evaluation at a later stage. The engineer may ask the contractor to go ahead with the rates he deems suitable whenever the contractor has no option, because of his obligation to complete works on time. Although the contractor is supposedly responsible for quantity errors, in any typical lump sum contract where the quantities are said to be actual and correct, he will purposely keep silent in a windfall such as overestimated quantities that bring him money for nothing. Many contracts do not also have a mechanism to compensate the loss behind variations exceeding 10 or 15 percent and unprecedented price escalation, resulting in huge claims contractually or otherwise. Due to lack of essential terms such as how the parties should act upon in a price escalation, the tendency is to pay them on ex-gratia basis. An ex-gratia payment to a contractor is one not legally due under the contract but represents compensation on grounds of hardship or sympathy. This is one which is made without any legal obligation to do so and is entirely discretionary.

Anecdotally, contractors submit comparatively weak claims more as a basis for negotiation, and would frequently recover either an adequate portion of the claimed extension of time, or an award of time without money, and the parties would still continue their working relationship. These claims are not formal claims but statements of events, usually in a story-type text format without showing the link between cause and effect. Just a six page submission is enough to establish the ‘case’ for 680 Million dollar claim for instance. Consequently, whilst robust claims are not unheard, many contractors have become accustomed to ‘thin’ submissions in the aim of facilitating negotiations. Furthermore, few have experienced at first hand the bruising reality of demonstrating entitlement in tribunal proceedings. Contractors, who submit weak claims for additional payment frequently, gift the engineer or employer with many of the reasons they so desperately need to justify a refusal to make reasonable awards, more so in the many instances where the employer has the final ‘word’ on any determination by the engineer.

Million dollar disputes are ultimately settled over coffee shop, in the ‘majlis’ or in a red carpeted room. This relative ease with which a negotiated settlement is made possible has given rise to a culture, where the parties are not much serious in the content of the claim. For instance, forensic delay analysis has been often limited to such a smart label where there is no fundamental analysis as to how concurrent impacts did affect the critical path. The concepts such as prevention, best effort, apportionment or dominance in any typical delay claim have fallen into less cared, despite of their applications world over. A common mistake made by many contractors when attempting to demonstrate the cause and effect of an event is that they merely list in chronological order the pertinent exchanges of correspondence between the parties, which is anyway insufficient to satisfy the burden of proof. To demonstrate cause and effect, the context should be built up on the facts describing the effects of the events upon the works. This should include details of the planned works affected, referring to the planned sequence, durations, and methodology; the status of the works in relation to that planned at the time of the event; and, description of the changes to that plan as a consequence of the event. Frustratingly, the associated costs are not nearly as prohibitive as those that are wasted in failed ‘punts’ with weak submissions.

Once the client has decided to go ahead with the project; they are rightly impatient for a result which is typical in the Gulf region. They are very often led to believe that their financial commitment is fully established at least at the award of the contract. Against this background, it must be bewildering for some clients to discover as sometimes is the case, that progress on site has lapsed and there appears little that can be done about the situation. The completion date and the final cost are impossible to predict and that the final settlement is arrived even after years of frustration than by strict evaluation. Many claims within this context end up as a horse deal but the consultants have no authority to horse trade.

It is in the interest of the contractor to present his most favourable claim on his own basis. Therefore in the first instance, an entitlement within the contract should be shown, stated and proved. The practical problems that beset the contractor are that the potential loss and expense situations must be identified, established, quantified and valued. Furthermore, it should be in a form which must convince the other party to accept the claim as valid and that the integral parts are claimable and are correctly valued. But surprisingly, there are cases where the engineer himself intervenes in claims submission on behalf of the contractor, or keeping the contractor’s submission aside. This is not only a gross misunderstanding but a serious breach of ethics on the part of the engineer to assume that he has the power to make his own assessment when the contractor delays in submission or disagrees with the engineer’s opinion.

Generally within an extension of time clause, the contractor will be obligated to submit notices and detailed particulars within a specified time frame. For example, many contracts provide: “that the engineer is not bound to make any determination unless the contractor has (a) within 28 days after such an event has first arisen, notified the engineer with a copy to the employer, and (b) within 28 days, or such other reasonable time as may be agreed by the engineer, after such notification submitted to the engineer detailed particulars of any extension of time to which he may consider himself entitled in order that such submission may be investigated at the time.” Occasionally, submission of notice and detailed particulars will be expressed to be a condition precedent. The contractor’s failure to comply waives its entitlement to claim an extension of time and owner’s liability ceases. Although it is important to take cognisance and comply with the notice and detailed particular provisions expressed in the contract, this does not happen all the time and things have been usually passed onto the project completion. Amounts so accumulated due to claims pending resolution is usually a matter of final account.

A common claim is when often difficult to separate the delay and costs incurred following any delaying event. This is because there can be overlapping causes, such as variations to one part of the works issued at the same time that there are delays in providing drawings for a related part. Both the variation and the delay could allow a claim for an extension of time, but the exact length of the delay from each might be difficult to assess. Further it might be difficult to assess the precise cost consequences of them. The issues have been inextricably intertwined resulting in global claims, partly because of ignorance at their inception. On the other hand it can be presumed in some contracts but typical in the Gulf region are not in essence of time. The failure to meet scheduled completion does not therefore invalidate the contract, leaving parties to take undue advantage of time to resolve their claims. 

Concurrent delay is also a complex and contentious topic in the Gulf region. Many theories abound as to what it really is and what the implications are. The law is unsettled and there is little authoritative guidance to rely on. Opinion is even divided over what concurrent delay really means. Typically those seeking to use concurrent delay as a contractual sword adopt a wide definition, whilst those using it as a contractual shield use a narrow definition. Where concurrent delay does exist, the disagreement arises over the consequences for entitlement to extension of time, exposure to liquidated damages and recovery of prolongation costs. Standard forms are silent as far as concurrent delay is concerned. Consequently, there are no principles that can be gleaned from case law in the Gulf region available to contractors and consultants.

The tendency is that a common sense resolution is the best that can be achieved and that depends upon the merits and facts of an individual case. Where true concurrent delay does exist, the author believes a common sense approach should be taken up. However in many contracts the tendency is to excuse the contractor from the period having concurrent impacts at no cost to contract, allowing loss to lie where it prevails.

Substantiation means to provide documentary evidence in support of the assertions made within the claim submission. However, if the contractors need a one hundred they claim three hundred and still better off, having clearly known that they are well beyond the mark up limits. A claim has become a disguised form of blackmail each other covering their own mistakes in a coffee shop deal. What employers’ need to finish everything’ either by hook or crook, keeping the reality little aside, of course exceptions are there. Construction professionals have up until recently relied extensively on ‘cheap and cheerful’ means of formulating and evaluating claims but such methods are scarcely cheap or cheerful as they understand that the old ways of dealing with claims are no longer fashionable with smart developers. This trend has gone to the extent where consultant or engineer fabricates his own case without addressing the contractor’s submission.

Consultants play a major role in avoiding avoidable claims and in mitigating the impacts of unavoidable claims. However the failure of some consultants to ascertain and appropriately articulate the clients’ requirements or to keep the client informed, make one wonder whether times have changed from when Michelangelo responded to the criticism of his design of St. Peter’s Cathedral in Rome, by telling the Cardinals, “I neither am nor will be obliged to tell your lordships or any other person what I intend or ought to do for this work; your office is to procure money…, the designs for the building you are to leave to my care…”

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A Case of Denial

Material Geek on May 26th, 2010

26

May

I couldn’t believe my ears when I heard the bank negotiator deny a certain loan modification for one of my clients. His name is Mr. Brown. He works as a system engineer which earns him a decent income.  Mr. Brown is what is labeled by the lending institutions as “A Plus Paper.”  He bought his house in 2005 with a mortgage containing a fixed interest rate for three (3) years.  After the three year mark, the interest rate is recast to reflect a higher interest rate.  Mr. Brown’s monthly payments have increased by over $1200 from the original payment. He tried to refinance his property only to find out that he is up-side-down on the value. Facing such difficulties, he sought my legal counsel to renegotiate the terms of his mortgage.

The bank representative gave a very estranged reason for the denial. According to the lender’s internal guidelines, borrowers who are current on their payments are not offered any type of modification for their existing loans. This lending institution wants borrowers to default on payments before they can be helped!

This is not an individual case.  Most lenders follow the same policy.  They are systematically refusing to help borrowers who are current on their mortgage; yet these borrowers are struggling and screaming for help!  Our firm began to ask ‘why are they refusing to help?’  Lenders enact such policies in search of maximizing profits. Good borrowers earn steady income which enables them to pay outrageous monthly payments on depreciating collateral.  In turn, this causes our economy to further cut the income from the pockets of hardworking individuals.  Thus resulting in decreased cash deposits to our banking system and forcing the banks to inevitably panic and freeze their credit market.   If borrowers default, they will incur further charges and in some cases, the default will initiate the acceleration clause which will cause the full loan amount to become immediately payable.

How can financial institutions afford to take such actions? Most lenders within the US are seeking government support in order to stay afloat. The US Treasury Department website lists more than 200 banks who have received government funds within the past financial quarter. Infamous recipients of this massive tax-payer aid are freely distributing funds and disobeying the Presidents Executive Orders to assist those seeking modified terms to assist them through hard times.

Now, how can borrowers remedy such situations? Borrowers ought to seek legal counsel as a first step.  Alone, borrowers don’t stand a chance!  Legal options include forensic audit, litigations, bankruptcy and other applicable legal remedies. In addition, by acquiring the service of an attorney, borrowers are sending a direct message to their elected officials to force a change in lending methods and ethics.   This coupled with a strong awareness made to our elected official will hopefully change the future of our banking system.

Going back to Mr. Brown, his file has been forwarded to the forensic audit department. My office continues to try and negotiate with his lender. At the same time, I have contacted different offices within the Treasury department and the US Congress to apply both economical and political pressure on Mr. Brown’s lender. In addition, my office staff is conducting its own searches to find the original holder/investor of the mortgage and negotiate with them directly.

At the end, I invite you to explore the difference in service. Contact my office and talk to a member of my legal team. Call 1–877-529-5090 to open the new possibilities offered through loan modification and restructuring programs.

Mr. John Habashy is an attorney at law, graduated from USC, with extensive loan modification experience.

Please note that names has been alerted to protect the identity of the client

http://www.stopbanks.com

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Tags: ,

A perfect group of assure, secure & advise

Material Geek on May 24th, 2010

24

May

Widely recognized as experts for the provision of testing, the testing consultants are able to draw on experience of a wide variety of testing projects for clients ranging from government bodies to online retailers and financial services organizations.

NCC Group provides secure test or Assurance Testing services include:

Ethical Security Testing services (also known as Penetration Testing) covering an array of real threats designed to identify all areas of vulnerability. Although automated testing services can be useful, hacking tricks, cheats and techniques evolve on a daily basis, so they are quickly bypassed.

Network security testing analyzes the security of your networks, considering the potential for both an internal and external attack.

Remote access and remote worker security ensure your organization is equipped to manage the security risks that arise from remote and home working.

Application security testing test your applications to ensure they are secure enough to cope with the transactions they are required to undertake.

Social engineering cover the ‘human element’ associated with risk and how real threats such as unauthorized physical entry into buildings, obtaining sensitive information, impersonation and deception can be addressed

Payment Card Industry Data Security Standard ensuring they do not risk fines or being permanently barred from the card acceptance program in the event of a security breach.

If your systems have been attacked or if you require forensically sound investigation of suspected computer abuse our Computer Forensic Incident Response & Investigation Services deliver a professional service based on real technical expertise and investigation experience.

If your organization electronically holds, transmits or processes credit card information, regardless of how that information was acquired, then it is required by the Payment Card Industry (PCI) to comply with its Data Security Standard (DSS). Load testing provides fast, useful, cost effective information about how systems and web sites cope with high levels of traffic and usage.

Web site monitoring can help clients to diagnose performance problems, immediately notifying the right people and assisting with root cause analysis.

Bespoke testing can provide the secure test to meet clients’ custom testing requirements including functional testing, interoperability testing, acceptance testing, test process reviews and certification programs.

CESG is the Information Assurance arm of the Government Communications Headquarters, which is responsible for intelligence and security.

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Career option and choices for Science Stream

Material Geek on May 23rd, 2010

23

May

If you opt for science, you’ll be studying subjects like Physics, Chemistry, Mathematics, Botony, Zoology, Statistics, Geology, Computers, Biotechnology, Microbiology, etc. and seek admission in three year degree course in one of these subjects.

 

Physics, Chemistry and Mathematics (PCM) at 10+2 level: Engineering (all branches); Building and Technology; Information Technology; civil Aviation (Pilot); Navy; architecture; Industrial Design, Paramilitary Services; Packaging Technology; Oceanography; Geologist; Teaching; Gems and Jewellary; footwear Technology; food Processing; Agricultural Engineering; Mining and Metallurgy; Environment Science; Navigator; TV Repair Technician; Leather Technology; Merchant Navy; Plastic Technology; Meteorology; Astrophysics; Air Force; Pharmacy; Industrial Design; Astronomy; Research; Surveyor; Railway Technician Services; Optician.

 

Physics, Chemistry and Biology (PCB): Occupational Therapy; Biotechnology; Agriculture; Dairy Farming; Anthropology; Traditional Medicine; Genetics; Microbiology; Nutrition and Dietetics, Medicine, Paramedical Services; Horticulture and Floriculture; Aquaculture; food Processing; Marine Biology; Dentistry; Nursing; Veterinary Science; Pharmacy; Physiotherapy ; Home Science; Poultry Farming; Environment Science; Forestry; Zoology; Chef; Chemist; Detective (forensic Science); Wildlife Science; Research; Tea Industry; botony; cosmetology; Teaching.

 

Physics, Chemistry and Computer: Teaching; Artificial Intelligence; engineering; Design (Graphic, Interior and Industrial); Information Technology (Software and Hardware); Multimedia; Computer Application; Robotics; bio-informatics.

 

Physics, Chemistry and Technical Drawing (PCM): Design (Interior and Industrial); building and construction; Engineering; Architecture; Teaching.

 

Competitive Examinations

In case you have passed 10+2 with Physics, Chemistry and Mathematics (PCM) subjects, you have the option to take up one of the following Competitive Examinations:

 

 

In addition, you can also seek admission in any Polytechnic Institute to acquire a diploma in one of the branches of engineering.

 

For the students who complete their graduation in Science, a number of opportunities exists for further studies, competitive examinations and for direct employment.

 

If interested in Physical or biological Science, you can join a post graduate course with employment.

 

Some of the fields in this regard are:

Anthropology, Biotechnology, environment, Astrophysics, Statistics, Microbiology, Ecology, Marine Biology, Astronomy, home dietetics, Nutrition, Textile, Nanotechnology, disaster Management, fisheries, you have also the option to go fo specialization in various popular subjects like management, Master of Computer applications, Bachelor of Education, Mass Communication, C.A., C.S. or ICWA.

 

 

 Job Positions:

 

By taking up science in the respective subjects, you have the options to become Physicist, Meteorologists, Oceanographers, Mathematicians, Statisticians, Geologists, Geophysicists, Geographers, Geographic specialists, respectively. In the Chemical industry the appointments of Organic Chemists, Inorganic Chemists, Physical Chemists, Analytical Chemists, Industrial Chemists, chemical engineers, Chemical Engineering Technicians, chemical Technicians and made. In Biological field there is a scope for becoming Biotechnologists, Genetic Scientists, Biochemists, microbiologists, anthropologists, botanists, Zoologists.

 

Jobs in the Defence services broadly consist of Army, Navy, Airforce and the Paramilitary forces comprise Central Reserve Police force, Border Security force, ITBP, CISF, Coast Guard, etc.

 

In the aviation field you can prepare to become a Pilot Officer or for jobs at the airports which comprise Air Traffic Controller, Airport Manager, Communication Officer, Communication Assistant, Aerodrome Officer, aerodrome Assistant, airworthiness Officer, etc. In Airline, posts of Airline Pilot, Helicopter Pilot, Flight Supervisors, Pursuers, Air Hostesses, Flight Attendants, etc. exist. Aeronautical engineers, aircraft Mechanics/ Aircraft Maintenance Engineers are appointed in the technical and engineering Division. In the commercial Operations Division, Ground duty officers are appointed. Aerospace engineers, Aeronautical and Aerospace technicians are appointed in the aircraft manufacturing units.

 

Deck officers, Engineers officers, Radio Officers, Stewards, Navigating officers, Mariane engineers etc. are appointed in Merchant Navy. In the Shipping sector posts of Traffic Clerks, Stevedores and Superintendents and offered.

 

In Para Medical you can go for Medical Technology, Radiography, Physical and Occupational Therapy, Optometry, Nursing, Orthotic & Prosthetic Technology, Speech Therapy, Audiology etc.

 

The jobs of Home Economists, Nutritionists and dieticians, food Technologists can be taken up after studying Home Science and food Technology.

 

Another option is to graduate in a subject of your choice i.e Bachelor of Science (Pass/Hons.). After graduation you may continue with your studies especially if you are interested in higher education. Post graduate courses are available in most of the science subjects including Biotechnology, Nuclear Physics, Space Physics, Geology, Marine Geology, Mineral Exploration, Hydro-geology, Oceanography, Meterology, Computer and Information Technology. Or you may choose a field from the career opportunities available after graduation.

 

Competitive Examinations after Graduation (B.Sc.)

 

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21

May

The growing incidents of radioactive contamination and improper security arrangements at the Nuclear Installations in India are catching the world’s attention and creating an alarming situation for the region. People living in the neighboring countries of India should also prepare themselves in current crisis situation because the extremely irresponsible attitude of India is throwing this region into a living threat of radioactive contamination.

I would like to share a report here which would support my view point.

http://www.bulatlat.com/main/2009/12/12/deals-that-threaten-disasters/

by: J. Sri Raman

Deals for 16 reactors in a single day – so read India’s nuclear score card on December 7, 2009. On this date, an agreement was reached in Moscow, under which the country would get four more nuclear reactors from Russia. Simultaneously, in New Delhi, a US Commercial Nuclear Mission told the media that, under the US-India nuclear deal, “a minimum” of 12 plants would be set up, with the work on them starting in 2010-2011.

This latest advance of India into its own “nuclear age” – as the atomic establishment and its loyal acolytes hail it – came within two weeks of the latest of nuclear “incidents” to shake up the nation.

The surge in the deals has followed in quick succession to similar media-celebrated agreements with five other countries – France, Kazakhstan, Namibia, Mongolia and Canada. The rude shock came from the “incident” in the nuclear complex at Kaiga in the south Indian State of Karnataka.

The complex has been in operation since March 2000, under the Nuclear Power Corporation of India. Kaiga has four of the eight nuclear reactors officially acknowledged as strategic and, therefore, placed outside the purview of International Atomic Energy Agency (IAEA) safeguards. Kaiga is close to India’s major naval base, INS Kadamba.

The radioactive contamination of drinking water in the complex, which led to hospitalization of scores of employees (figures varying from the officially cited 55 to 92 according to some sources), shook India, though no life was lost. It revealed in a flash the potential magnitude of the danger that the functioning of this proud asset of the county’s nuclear establishment represented.

The theories about the incident emanating from the authorities and others do not diminish the danger at all. According to the authorities, some “mischief-maker” or “mischief-makers” among the employee of the complex – rank “insiders,” in other words – seem to have added tritium-contaminated heavy water to a drinking water cooler. The serious crime, it is said, could be either a particularly nasty prank or a case of sabotage.

Tritium, a radioactive isotope of hydrogen also known as hydrogen-3, can be used as a booster in the making of fission bombs as well as thermonuclear weapons or hydrogen bombs. Tritium emits beta rays which, if ingested, can cause death, cancer and mutations.

By one unofficial version, the incident resulted from inter-union rivalry. By another, it was a case of disgruntled employees trying to discredit the management. Some political mischief-makers outside the complex indulged in loud speculation about the hand of “illegal” Bangladeshi immigrant laborers behind the incident, hoping to start another anti-Muslim hate campaign. Mercifully, however, investigations have reportedly ruled out that possibility.

Many questions, meanwhile, have been raised without getting any serious official response. Why did it take so long for the incident to be reported in any detail? It took place the night of November 23-24. A single-line story first appeared in the scroll of a television channel on November 25, but the full official acknowledgment of the incident had to wait for several days. It took even longer for authorities to go to the police. Was this not a hush-up attempt, bound to fail as the families of the victims could not be silenced?

Whether an accident or sabotage, how did the allegedly ironclad regime of procedures in the reactors allow it? As anti-nuclear activist Surendra Gadekar asks, how could anyone steal a vial of tritium, made at a cost of up to $100,000 a gram, with such ease?

Questions have been asked – and remain unanswered – about other, past “incidents” at Kaiga as well. Some Truthout readers may remember the report on “Death of an Indian Nuclear Scientist” (June 24, 2009). The mysterious end of Lokanathan Mahalingam was reported on India’s television channels on June 13. It took us ten full days to hear from the authorities in the subject. They cited a forensic laboratory finding to assert that it was a suicide.

Mahalingam was training young scientists and working in the simulator training division of the plant. A simulator is a precise replica of the control room of a nuclear power plant The scientist had created a similar mystery ten years before, while working in the Kalpakkam nuclear complex in the neighboring State of Tamilnadu, which has two of India’s strategic nuclear reactors. Then, too, he is said to have disappeared one day and returned home after a never-explained gap of five days.

Among the questions raised in June were: Why was his body, found in the nearby Kali River, cremated before the results of the DNA test done at the insistence of his family were released? How did the authorities instantly rule out murder when he did not leave a suicide note?

The Mahalingam mystery was recalled after the latest Kaiga incident, but not any of the questions. No one seemed interested in reopening the case. The authorities have not succeeded so easily in an earlier case of mysterious death. Ravikumar Mule, a non-scientist employee at Kaiga, was found “dead” in an apartment in the township on April 7, 2009. His widow, Ashwini G. Mule, has now demanded a fresh investigation, rejecting as final the reported police finding that her husband had committed suicide.

This is not the first incident at Kaiga. Even during construction in 1994, one layer of the first unit’s containment dome collapsed, delaying by four years a start to its operations. Nor is Kaiga an exception in India’s nuclear establishment in this regard.

A similar incident took place in the heavy water plant of Rawatbhata in the State of Rajasthan in 1991 and, to date, the findings of any official investigation into it have not been divulged. The long list of other incidents includes, besides several cases of workers’ exposure to impermissible doses of radioactivity, a fire in the Narora plant in the State of Uttar Pradesh (1993), the flooding of the Kakrapar station in the State of Gujarat (1994), and a heavy water spill in Kalpakkam (1999).

The question of questions about all these “incidents” is: why has no independent, external inquiry ever been conducted into any of them? The unstated answer is: such an inquiry cannot even be contemplated, since every nuclear installation is part of India’s security establishment.

This perverse notion of “security” makes every one of India’s proud nuclear deals a threat of disaster.

The repeated security lapses and alarmingly low level of response to these kind of incidences raise multiple questions about the vulnerability of Indian Nuclear Assets.

The most shocking is the painful incident at Bhabha Atomic Research Center (BARC) the mysterious fire cooked two young scientists and left their families with a painful question mark!!

The detailed report is posted here for the readers

http://www.topnews.in/family-cries-foul-barc-scientists-body-are-handed-over-2248639

Mumbai, Dec 30 : As investigators struggled to find the cause of a fire in the country’s premier Bhabha AtomicResearch Centre(BARC) that killed two scientists, the family members of one of the victims Wednesday have demanded a “thorough probe” into the accident.

“We are shocked at the attitude of the BARC officials though an incident of such a magnitude has taken place. We want a complete inquiry by the Central Bureau of Investigation (CBI) into it,” Munna Singh, uncle of Umesh Narayan Singh who died in the blaze, told IANS.

A loud explosion followed the fire that had broken out in a room on the third floor of the modularlaboratory Tuesday noon when the two junior scientists were present on the premises. Both were killed.

As per preliminary investigations, the fire is suspected to have erupted following a chemical reaction that led to a blast in the laboratory housing analytical instruments.

Grieving over the loss of his nephew as the victim’s body was brought home here late Wednesday, Singh said that usually there would be five or six fellow research students and a senior person present on the premises.

“Why were these two boys alone in the laboratory at the time of the incident? We want answers to these questions as it has national security implications,” he demanded.

His friends have alleged that police and the BARC officials made them run from pillar to post before they finally got Umesh’s body – charred beyond recognition – from the Sir J. J. Hospital’s morgue.

Though police have tentatively ruled out foul play or negligence on the part of BARC, they have sent samples of the victims to the Forensic Sciences Laboratory at Kalina and also taken the DNA samples.

The cause of the fire remains unknown so far even as police and BARC officials spent the entire day in investigations at the complex in Chembur, northeast Mumbai.

Hailing from a humble, lower middleclass family of a former mill worker, Umesh was working in BARC for nearly five years. He was just six months away from completing his doctorate.

“The BARC did not have the courtesy to inform us officially, we learnt only from the media that Umesh is no more,” Umesh’s brother-in-law Uday Pratap Singh told reporters.

The grieving family members of the other victim, Parth P. Beg, 26, also arrived from Kolkata to collect his remains. His family members refused to speak to the media but said that he was doing his research at the BARC for the past 18 months.

Meanwhile, police in Trombay has registered a case of accidental fire and investigations into the cause of the fire are in full swing.

All top BARC officials remained incommunicado throughout the day as the fallout of the incident was being probed – both by the BARC and the police.

However, Chairman of the Department of Atomic Energy (DAE) Srikumar Banerjee was present in the BARC Wedensday, an official said.

However, there was no danger to the main reactor in the BARC or any other sensitive facilities that could lead to radiation or radioactivity, the spokesman said.(IANS)

It is most disgusting to note that main stream Newspapers and Channels of India take this matter on low profile due to constant pressure of the Government. The present situation is also a visible sign that it can be linked to the fact that America is constantly pressurizing India to open up its nuclear installations to be checked by their officials to asses the security level and aid Indians to build some sort of protection to avoid future mishaps.

Indians are quite unaware that accelerating incidents of Uranium thefts, radioactive contamination and kidnapping of scientists could be engineered by CIA to convince Indian Government to seek USA’s help to secure its nuclear assets thus providing clear route to US agencies to obtain complete information and facts about the Indian Nuclear capabilities plus complete intervention in the activities in these installations.

Another possibility also emerges as the anti Indian forces are penetrating inside its nuclear assets and have arrived to the understanding that poor security arrangements may give potential opportunity to them to pull out the blue prints, the material and the technology of creating Nuclear Arsenal to be used for any sort of terrorist activity.

In short, India is proving to be a dangerous nation for the world’s security. The growing lapses of security in the most important Nuclear Installations raised huge alarms before and now the water is rising above the heads.

It is also the responsibility of the world community to pressurize India through the platform of United Nations, United Nations Environment Program (UNEP), Green Peace and other global environmental protection groups to convince India to allow western assistance to elevate the security level of its Nuclear Installations. In the other case, Indian nation and the people living in the neighboring countries should prepare themselves to face the worst incident of radioactive contamination in this region or a possible nuclear explosion by the terrorists like Maoists or Al Qaeda. India gave the world a never forgetting disaster of Bhopal gas leakage which killed thousands of people. Now any such catastrophic disaster would lead to a very dark future for the people of this region.

I would ask the Global Community to act together and raise their voice on this issue because it is the matter of great importance and any weakness in plucking the possibility of radioactive contamination would lead to never ending disaster in this region.

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Fire Incendiary Analysis And Investigation

Material Geek on May 19th, 2010

19

May

Introduction

Fire investigations have been part of society since the golden ages. This is because investigating fires allows individuals to find out the original cause of the fire and prevent its occurrence in the future. If the fire occurred accidentally, then it may be necessary to identify likely causes and eliminate them from the market. An example is a room heater without overheating protection. On the other hand, if the fire was an incendiary fire i.e. if it was caused maliciously, then fire investigations allow individuals to capture these perpetrators and punish them for their crimes. It should also be noted that fire investigations are imperative in public education. This is because they allow members of society to establish hazardous situations or tools and thus warn the public about it. The cost that fires can bring to the economy are enormous thus necessitating investigations. (NFPA, 2001)

Laws and court decisions on fire incendiary, fire analysis and fire investigations

Court decisions have affected the level of professionalism in fire analysis and fire investigations. According to the Daubert vs. Merrel Pharmaceuticals , 1993, 509 US, 579, the judge affirmed that the use of fire investigators within the case would only be limited to those who were reliable and relevant. Reliability in this case refers to four parameters; peer review, experience, cases of errors and methodology used. According to the judge preceding over this case, the fire investigators chosen for analysis had to have undergone all the latter steps. This means that the fire investigator must be approved by his fellow fire investigators before giving his/her testimony over a fire. By doing this, the judge ascertained that fire investigations would be conducted in a professional manner and in a way that would be approved by other investigators in the field. (Lentini, 2001)

Additionally, the judge passed that fire investigators must have due experience in the field. This means that they must have conducted fire investigations for a number of times before coming to their conclusions. By making such a proclamation, the judge was ascertaining that fire analyses will be done by competent individuals. This has affected the practice of fire investigations today because most of the individuals who take part in fire analyses must have had experience in the field.  Besides this, the ruling also required that fire investigators giving expert testimony should be those ones who have recorded minimal errors in judgment and also in the administration of the investigation. Lastly, the judge wanted expert testimony only from those individuals who had utilized the right methodology for investigations. All the intricate issues about handling the scene of the crime had to be adhered to. This ruling brought on other similar rulings and has improved fire analyses and fire investigative standards in the industry

Effect of court decisions and laws on controlling an investigator’s access to the scene

The law has a substantial effect on a fire investigator’s access to the scene owing to the following. Sometimes a case may be a criminal or civil one. If it is a criminal one, then a wide variety of investigators may be involved in the fire scene; the attorney general, the forensic department etc may all participate in a certain case. This can cause the fire scene to be very crowded and will impede an investigators’ access. On the other hand, the investigator’s validity and relevance in a certain criminal or civil case my also hinder access to a fire scene.

Sometimes, the criminal process itself may also affect an investigators’ access to a fire scene. The law requires that self incrimination be noticed during the process of fire investigations. Besides that, the law also requires that the accused party be freed from counsel offered by any experts around them. Due to these rights, sometimes a fire investigator may not gain access to a fire scene as soon as he may want because he/she may violate the accused’ rights.

Effect of court decisions and laws on collection of evidence

Collection of evidence within a scene of fire is largely determined by a number of factors. The law stipulates that in the event that some victims may be present, then fire investigators need to secure their lives first. Safety is more important than any other factor in fire investigations. Consequently, those who fail to secure susceptible parties may be found guilty of a crime. (Ogle, 2000)

Laws have also affected the nature of evidence that can be considered admissible in a court of law. The fire investigative process has evolved tremendously over the past decades. This is as a result of increased scrutiny by public authorities and legal experts. Consequently, there is a need for one to examine all aspects that could be potential causes of fire. Items such as tire impressions, shoe prints, fire patterns, distribution of flammable items in an unusual manner, broken windows and placement of debris are all significant traits in evidence collection. This would not have been the case in the past. Taking the example of the case of Higginbotham vs. Commonwealth, 349, 216 Va, 218 s.e., 537, 1975; the accused had claimed that the fire was accidental. He asserted that he had left his room only to find that his mattress was burning up. He gave details about the height of the fire but asserted that it had not reached the bunk. The fire investigator giving expert testimony in the case asserted that the room’s paint had been blistered. The only way that can occur is if the fire had such a large magnitude that it was hot enough to destroy the wall’s paint patterns.  The fire investigator revealed inconsistencies with the defendant’s testimony thus resulting in a guilty verdict. What this case shows is that court decisions and the law have evolved in such manner that collection of the most miniscule evidence can cause a change in legal decisions made. Fire investigators met therefore abide by this.

Why accurate fire investigation is important to the public

Accurate fire investigations are important to the public and respective authorities owing to the fact that their results form the background against which the cause of the fire began. This is important to public authorities because it allows them to identify cases of negligence. Some fires may proceed to great magnitudes without any public intervention from authorities. Such officers may assume that the fire will be put out by residents or that it may go off on its own. Such a mentality may cause seemingly harmless situations to become dangerous and destructive forces. If fire investigations are done accurately, then they can reveal such cases of negligence thus causing these officers to be more careful in the future. (NFPA, 2001)

Accurate investigations of fires is also necessary in preventing similar fires in the future. For instance, the public may not be aware of the risk factors associated with certain scenarios. For instance, if a house is heated using kerosene heaters, then it would be hazardous to fill them with gasoline. Additionally, if a room has certain electronics that catch fire easily, then they can be removed from those rooms. All these issues can be easily revealed if the cause of a fire was accurately investigated. While many authorities may be familiar with such potentially dangerous situations, informing the public about them may prove to be futile when the public have not seen the dangerous consequences of such a scenario. Consequently, educating the public about such hazards after a fire may be more effective than before.

Accurate fire investigations are also imperative to the country’s economy because they allow prevention, which eventually prevents economic losses. The US reported close to four thousand deaths related to fire during the year 2000. Besides that, the country lost numerous infrastructural facilities from fires. For instance, residential areas were destroyed, offices went down and automobiles too. The country is losing billions of dollars from fires. The latter problems occur regardless of whether the fires were caused deliberately or accidentally. If the country becomes serious about finding perpetrators of arson or curbing negligent practices, then the likelihood of fire occurring will be severely reduced. This also means that the country will have saved many lives. The latter can then contribute towards the economy more positively. Besides that, the country will also have saved vast numbers of residential and business infrastructure that can then be made more productive in the future. (NIJ, 2000)

Conclusion

Fire investigations have evolved over the years. The role of the fire investigator in court has changed tremendously. Many trial cases only regard expert testimony when it is peer reviewed, non-erroneous, methodological and when it has been conducted by an experienced investigator. These court decisions have affected the manner in which fire analyses and investigations have been conducted. The law has affected an investigator’s access to a fire scene because it requires that due parties be involved in the investigative process. This can cause a lot of crowding and can therefore hamper the accessibility of a fire scene to an investigator. Court decisions have also affected collection of evidence because they require rigorous attention to detail in the data collection process.

Reference:

Lentini, J. (2001): Standards Impact: The Forensic Sciences; ASTM Report, February 2001. pp. 17-19

NFPA (2001): Guide for Fire and Explosion Investigations, National Fire Protection Association Journal; Issue 8, No. 971, p 43

NIJ (2000): Fire and Arson Scene Evidence: A Guide for Public Safety Personnel; Washington, National Institute of Justice Report; June 2000

Ogle, R. (2000): The need for scientific fire investigations; Fire Protection Engineering Report, Fall 2000, p. 4-8

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