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Rose is a rose is a rose is a rose
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Gertrude Stein, 1935
The sentence "Rose is a rose is a rose is a rose." was written by Gertrude Stein as part of the 1913 poem "Sacred Emily", which appeared in the 1922 book Geography and Plays. In that poem, the first "Rose" is the name of a person. Stein later used variations on the sentence in other writings, and "A rose is a rose is a rose" is among her most famous quotations, often interpreted as meaning [1] "things are what they are", a statement of the law of identity, "A is A". In Stein's view, the sentence expresses the fact that simply using the name of a thing already invokes the imagery and emotions associated with it, an idea also intensively discussed in the problem of universals debate where Peter Abelard and others used the rose as an example concept. As the quotation diffused through her own writing, and the culture at large, Stein once remarked, "Now listen! I'm no fool. I know that in daily life we don't go around saying 'is a ... is a ... is a ...' Yes, I'm no fool; but I think that in that line the rose is red for the first time in English poetry for a hundred years." (Four in America).[2]
She herself said to an audience at Oxford University that the statement referred to the fact that when the Romantics used the word "rose", it had a direct relationship to an actual rose. For later periods in literature this would no longer be true. The eras following romanticism, notably the modern era, use the word rose to refer to the actual rose, yet they also imply, through the use of the word, the archetypical elements of the romantic era.
Contents
1 Mentions of "rose" in "Sacred Emily"
2 Versions by Gertrude Stein
3 Variations by others
4 See also
5 References
Mentions of "rose" in "Sacred Emily"[edit]
The following lines appear at widely separated places in "Sacred Emily":
It is rose in hen.
Jack Rose Jack Rose.
Rose is a rose is a rose is a rose.
Versions by Gertrude Stein[edit]
"Rose is a rose is a rose is a rose." ("Sacred Emily", Geography and Plays)
"Do we suppose that all she knows is that a rose is a rose is a rose is a rose." (Operas and Plays)
"... she would carve on the tree Rose is a Rose is a Rose is a Rose is a Rose until it went all the way around." (The World is Round)
"A rose tree may be a rose tree may be a rosy rose tree if watered." (Alphabets and Birthdays)
"Indeed a rose is a rose makes a pretty plate...." (Stanzas in Meditation)
"When I said.
A rose is a rose is a rose is a rose.
And then later made that into a ring I made poetry and what did I do I caressed completely caressed and addressed a noun." (Lectures in America)
"Civilization begins with a rose. A rose is a rose is a rose is a rose. It continues with blooming and it fastens clearly upon excellent examples." (As Fine as Melanctha)
"Lifting belly can please me because it is an occupation I enjoy.
Rose is a rose is a rose is a rose.
In print on top." (Bee Time Vine)
Variations by others[edit]
"A rose is a rose is a rose" quasi-quotation from "Sacred Emily" was also inspiration and one of the meanings behind The Name of the Rose book by Umberto Eco.[citation needed]
"A rose is a rose is a rose" and variants has been contrasted with Shakespeare's "A rose by any other name would smell as sweet".[3]
The sentence was heavily promoted by Stein's life partner Alice B. Toklas; for example, she sold plates with the sentence going all the way around.
Robert Frost alludes to Stein's sentence in his poem "The Rose Family", from the 1929 collection West-Running Brook.
The sentence was parodied by Ernest Hemingway after a brief time in Paris seeking editorial suggestions for his writing: "a stone is a stein is a rock is a boulder is a pebble." This also appears in his 1940 novel For Whom the Bell Tolls, in which there is yet another parody: "a rose is a rose is an onion." After a (perhaps bitter) falling out, the sentence becomes, "a bitch is a bitch is a bitch is a bitch."
The sentence appears in the 1952 musical film Singin' in the Rain, in the musical number "Moses Supposes". While parodying a dialogue coach, the characters of Don Lockwood and Cosmo Brown sing: "...A Rose is a rose is a rose is a rose is / A rose is what Moses supposes his toes is / Couldn't be a lily or a taffy daphi dilli / It's gotta be a rose cuz it rhymes with mose!"
The sentence appears in the 1952 Charlie Chaplin film Limelight. Chaplin's character expresses it as "The meaning of anything is merely other words for the same thing. After all, a rose is a rose is a rose. That's not bad. It should be quoted."
Aldous Huxley paraphrases the quotation in his 1954 book The Doors of Perception, writing "A rose is a rose is a rose. But these chair legs were chair legs were St. Michael and all angels." In his 1958 book, Brave New World Revisited, Huxley also referenced the quotation, writing, "An apple is an apple is an apple, whereas the moon is the moon is the moon."
William Carlos Williams in a poem "The Pink Locust", appearing in his 1955 collection Journey to Love, quotes "a rose is a rose/ is a rose" as emblematic of the poet's self-deprecation in relation to life. Williams regards the phrase as a slogan of poetic tautology, denying the value of the creative act: the poet feels impotent and recognizes in her art merely a banal repetition of the words we use every day to represent the unrepresentable richness of the natural world. But the following lines of the poem offer an alternative view, one which Williams re-affirmed throughout his career: "A rose is a rose/ and the poem equals it/ if it be well made."
In the 1960 Broadway musical Bye Bye Birdie (and its 1963 film adaptation), the character of Albert Peterson refers to the saying in the song "Rosie", in which he sings, "Oh, I once heard a poem that goes / A rose is a rose is a rose / But I don't agree / Take it from me / There's one rose sweeter than any that grows!"
In 1968, the Portuguese artist João Vieira (1934-2009) painted the oil on canvas Uma Rosa É [A Rose Is], a work later (1971) reproduced on the cover of Colóquio Artes, # 1, a prestigious cultural magazine issued by Fundação Calouste Gulbenkian, Lisbon.
Rock band Henry Cow sings on their debut album "But a rose is a rose is a rose / said the mama of dada as long ago as 1919".
UK Prime Minister Margaret Thatcher said in 1981 that "A crime is a crime is a crime" in reference to the actions of members of the IRA. The sentence has been used by other speakers as well, with the intended meaning of "no matter what you call it, criminal violence is criminal, and illegal."
In the 1978 film The Magic of Lassie, Robert and Richard Sherman penned the song, "A Rose Is Not a Rose".
"Una rosa es una rosa es una rosa", the Spanish translation of Stein's verse, is the chorus of a song by the Spanish pop music group Mecano that appeared on their 1991 album, Aidalai. The pop-flamenco song tells the story of a man in love with a woman who by turns hurts and soothes him.
Bret Easton Ellis sent up the sentence in his 1991 novel American Psycho, as narrator Patrick Bateman utters, "a Rolls is a Rolls is a Rolls" during one of his frequent materialist stream-of-consciousness tirades.
A Rose is Still a Rose was the title of a 1998 album and song by soul singer Aretha Franklin and Lauryn Hill. The song, written by Hill, also contains the refrain, "What I am is what I am."
In the liner notes to the 1999 The Magnetic Fields album 69 Love Songs, frontman Stephin Merritt credited the sentence as an inspiration for the songs "The Things We Did and Didn't Do" and "The Flowers She Sent and the Flowers She Said She Sent".
Idlewild, a Scottish rock band, wrote a song called "Roseability", which appeared on their 2000 album 100 Broken Windows. The song mentions Stein at the end of the chorus—"and Gertrude Stein said that's enough"—and features large portraits of Stein in the background of the music video.
The sentence is quoted by David Lodge in his 2001 novel, Thinks ..., in the context of a debate between the fictional characters of Arthur Messenger (a cognitive scientist) and Helen Reed (a novelist).
James Tenney made a skillful if short setting of "Rose is a rose is a rose is a rose" as a canon dedicated to Philip Corner, beginning with an "a" on an upbeat rhythm and continuing so that each repetition shuffles the words, e.g. "a/rose is a rose/is a rose is/a rose is a/rose."
Mordecai Richler in his novel Barney's Version ridicules the stupidity of court speeches when the prosecutor ends his opening speech with "murder is murder is murder."
Jeanette Winterson wrote in her novel Written on the Body: "Sometimes a breast is a breast is a breast."
"La rosa es una rosa es una rosa" is used in Fernando del Paso's Sonetos con lugares comunes.
A song by Poe (Anne Danielewski), "A rose is a rose", states "a rose is a rose is a rose is a rose said my good friend Gertrude Stein."
The computer game Carmen Sandiego features a villain humorously named Rosa Zarrosas-Arroz.
Jeff Smith in the issue 13 of the Bone series, Fone Bone's love poems begin with "a rose is a rose is a rose".
William Burroughs wrote a linguistic variant: "the word for word is word."
The Italian rock band Long Hair in Three Stages use the variant "Rain is rain is rain is..." in a song called "Nothing" and then the original version by Stein, "A rose is a rose is a rose..." in a song called "Rose".
In the late-1980s, an American public service announcement featured a message regarding identical alcohol content in three alcoholic drinks—a beer, a mixed drink, and a shot of whiskey—with the sentence "A drink is a drink is a drink."
In the "Misleader" seventeenth episode of the first season of Law & Order: Special Victims Unit, the character Detective Munch says, "a rape is a rape is a rape", implying that the bizarre nature of the rape he was investigating did not change the fact that a rape had occurred and that rape is still illegal.
In the English radio series My Word!, Frank Muir was called on to explain the origin of the sentence. His explanation: Nero and Cicero had rose gardens next to each other. The tender of Nero's garden had a mishap and destroyed a whole row of roses. So he sneaked over to Cicero's garden, stole a row from there and replaced the ones missing in his master's garden. However, they were white, while the ones in Nero's garden were pink or "rose-colored". When Nero saw this he wrote a note to the gardener: "Our roses are rose. Is a row Cicero's?" He has also rendered it as "Arrows sees Harrow's Ciceros" in a spin-off book You Can't Have Your Kayak and Heat It.
Julio Cortázar wrote in his novel Rayuela "A es A, a rose is a rose is a rose, April is the cruellest month, cada cosa en su lugar y un lugar para cada rosa es una rosa es una rosa..."
Stephen King refers to "A rose is a rose is a rose..." in his popular fantasy series The Dark Tower.
Helge Schneider shortens this sentence in German (title: "Eine Rose ist eine Rose ist", Album: 29 sehr sehr gute Erzählungen)
South African bank Nedbank advertises with the slogan "A bank isn't a bank isn't a bank."
In the 2005 House M.D. episode "Three Stories", Dr. House gives a lecture on diagnosing leg pain, and states that "Leg is a leg is a leg", whoever the patient.
Massachusetts hardcore-punk act Bane uses the motif, "a lie is a lie is a lie is a lie" in "Her Lucky Pretty Eyes", from their 1999 record It All Comes Down to This.
Georg Friedrich alias "Schorsch" says in Michael Glawogger's 2009 film Contact High as he drives backwards because of seeing a Polish police car that "Bulln san Bulln san Bulln", which means that "Cops are cops are cops".
In the 2010 movie Scott Pilgrim vs. the World, Stephen Stills says: "A gig is a gig is a gig is a gig."
Philip Jose Farmer had his character Omar Runic say "That a rose is a rose is a" in an extemporaneous poem he recites in the novella Riders of the Purple Wage.
In the movie Where Eagles Dare, Major Smith (played by Richard Burton) says "... but what the hell, a hole is a hole is a hole, as they say".
Vinícius de Moraes, at "Rancho das Flores": "Que uma rosa não é só uma flor Uma rosa é uma rosa, é uma rosa É a mulher rescendendo de amor". (A rose is not only a flower, a rose is a rose, and a rose is a woman exhaling of love.—not precise translation)
In Tales of Symphonia: Dawn of the New World, Marta Lualdi says "A thief is a thief is a thief!".
In the 2011 Supernatural episode "The Man Who Would Be King", the character Crowley laments "a whore is a whore is a whore" to Castiel.
In the novel Double Feature: Attack of the Soul-Sucking Brain Zombies/Bride of the Soul-Sucking Brain Zombies by Brent Hartinger, Russel says: "Zombie guts are zombie guts are zombie guts" to Min and Gunnar.
In Guardians of the Galaxy Vol. 3 Issue 8, Peter Quill says "a save is a save is a... save." to Abigail Brand when they are unexpectedly saved by Angela during their brief captivity at the Peak.
In Laura Lemay's book "Teach Yourself Java in 21 Days," the difference between upper and lowercase variable names is illustrated by, "A 'rose' is not a 'Rose' is not a 'ROSE'."
Richard Dennis wrote in The Whizkid of Futures Trading (Business Week, December 6, 1982, p. 102): "'A trend is a trend is a trend', Gertrude Stein would have said if she were a trader...".
Canadian Prime Minister Justin Trudeau has stated, "A Canadian is a Canadian is a Canadian."
Former Canadian Prime Minister Jean Chretien said, "A proof is a proof is a proof."
In the 2016 Blindspot episode "Cease Forcing Enemy", Ashley Johnson as Patterson talks Jaimie Alexander in landing a plane saying "A plane, is a plane, is a plane".
In Tell Me Three Things by Julie Buxbaum the main character thinks "Ethan is Ethan is Ethan," a nth amount of times.
The title of Reto Geiser's book about Architectures and Collaborations of Johnston Marklee is House is a house is a house is a house is a house.
In his 2016 Tony Award acceptance speech for his musical Hamilton, Lin-Manuel Miranda stated "love is love is love is love is love is love is love is love" in reference to the Orlando shooting at a gay club the night before.
In the pilot episode of the HBO series Westworld (2016) the android character Peter Abernathy (Louis Herthum) utters the phrase to Ford (Anthony Hopkins) after malfunctioning.
In the "Body Parts" (Star Trek: Deep Space Nine)", the Rule of Acquisition No. 17: "A contract is a contract is a contract (but only between Ferengi)."
In Rupi Kaur's The Sun and Her Flowers: "a friend or a lover a loss is a loss is a loss"
See also[edit]
Alliteration
Law of identity
Proof by assertion
Rhetorical device
Rule of three (writing)
References[edit]
Text of "Sacred Emily"
Jump up ^ [1] Meaning and Origin of this phrase
Jump up ^ "Gertrude Stein", Department of English, University of Illinois, archived from the original on 9 March 2003
Jump up ^ Claire Frederick, Shirley McNeal, Inner strengths
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Public sector undertakings in India
From Wikipedia, the free encyclopedia
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A state-owned enterprise in India is called a public sector undertaking (PSU) or a public sector enterprise. These companies are owned by the union government of India, or one of the many state or territorial governments, or both. The company stock needs to be majority-owned by the government to be a PSU. PSUs may be classified as central public sector enterprises (CPSEs) or state level public enterprises (SLPEs). In 1951 there were just five enterprises in the public sector in India, but in March 1991 this had increased to 246.
CPSEs are companies in which the direct holding of the Central Government or other CPSEs is 51% or more. They are administered by the Ministry of Heavy Industries and Public Enterprises.
Contents
1 History
2 Governance
3 List of public sector undertakings
4 See also
5 References
History[edit]
Further information: Economic history of India
When India achieved independence in 1947, it was primarily an agricultural country with a weak industrial base. The national consensus was in favour of rapid industrialisation of the economy which was seen as the key to economic development, improving living standards and economic sovereignty.[1] Building upon the Bombay Plan, which noted the requirement of government intervention and regulation, the first Industrial Policy Resolution announced in 1948 laid down broad contours of the strategy of industrial development. Subsequently, the Planning Commission was constituted in March 1950 and the Industrial (Development and Regulation) Act was enacted in 1951 with the objective of empowering the government to take necessary steps to regulate industrial development.[2] Prime Minister Jawaharlal Nehru promoted an economic policy based on import substitution industrialisation and advocated a mixed economy.[3] He believed that the establishment of basic and heavy industry was fundamental to the development and modernisation of the Indian economy. India's second five year plan (1956–60) and the Industrial Policy Resolution of 1956 emphasised the development of public sector enterprises to meet Nehru's national industrialisation policy. Indian statistician Prasanta Chandra Mahalanobis was instrumental to its formulation, which was subsequently termed the Feldman–Mahalanobis model.[4][5]
The major consideration for the setting up of PSUs was to accelerate the growth of core sectors of the economy; to serve the equipment needs of strategically important sectors, and to generate employment and income. A large number of "sick units" were taken over from the private sector. Additionally, Indira Gandhi's government nationalised fourteen of India's largest private banks in 1969, and an additional six in 1980. This government-led industrial policy, with corresponding restrictions on private enterprise, was the dominant pattern of Indian economic development until the 1991 Indian economic crisis.[2] After the crisis, the government began dis-investing its ownership of several PSUs to raise capital and privatise companies facing poor financial performance and low efficiency.[6][7]
Governance[edit]
Many private have been awarded additional financial autonomy. These companies are "public sector companies that have comparative advantages", giving them greater autonomy to compete in the global market so as to "support [them] in their drive to become global giants".[8] Financial autonomy was initially awarded to nine PSUs as Navratna status in 1997.[9] Originally, the term Navaratna meant a talisman composed of nine precious gems. Later, this term was adopted in the courts of Gupta emperor Vikramaditya and Mughal emperor Akbar, as the collective name for nine extraordinary courtiers at their respective courts.
In 2010, the government established the higher Maharatna category, which raises a company's investment ceiling from Rs. 1,000 crore to Rs. 5,000 crore.[10] The Maharatna firms can now decide on investments of up to 15 per cent of their net worth in a project while the Navaratna companies could invest up to Rs 1,000 crore without explicit government approval. Two categories of Miniratnas afford less extensive financial autonomy.
Guidelines for awarding Ratna[11] status are as follows:
Maharatna
Navratna
Miniratna Category-I
Miniratna Category-II
Eligibility Three years with an average annual net profit of over Rs. 5000 crore, OR
Average annual Net worth of Rs. 10,000 crore for 3 years, OR Average annual Turnover of Rs. 20,000 crore for 3 years (against Rs 25,000 crore prescribed earlier)[12]
A score of 60 (out of 100), based on six parameters which include net profit, net worth, total manpower cost, total cost of production, cost of services, PBDIT (Profit Before Depreciation, Interest and Taxes), capital employed, etc., AND
A company must first be a Miniratna and have 4 independent directors on its board before it can be made a Navratna.
Have made profits continuously for the last three years or earned a net profit of Rs. 30 crore or more in one of the three years Have made profits continuously for the last three years and should have a positive net worth.
Benefits for investment Rs. 1,000 crore - Rs. 5,000 crore, or free to decide on investments up to 15% of their net worth in a project up to Rs. 1,000 crore or 15% of their net worth on a single project or 30% of their net worth in the whole year (not exceeding Rs. 1,000 crores). up to Rs. 500 crore or equal to their net worth, whichever is lower. up to Rs. 300 crore or up to 50% of their net worth, whichever is lower.
PSUs in India are also categorised based on their special non-financial objectives and are registered under Section 8 of Companies Act, 2013 (erstwhile Section 25 of Companies Act, 1956).
List of public sector undertakings[edit]
Main article: List of public sector undertakings in India
See also: Public sector banks in India
As on 13 September 2017 there are 8 Maharatnas, 16 Navratnas and 74 Miniratnas.[13]There are nearly 300 CPSEs(central public sector enterprises) in total.[14]
List of Maharatnas
National Thermal Power Corporation (NTPC)
Oil and Natural Gas Corporation (ONGC)
Steel Authority of India Limited (SAIL)
Bharat Heavy Electricals Limited (BHEL)
Indian Oil Corporation Limited (IOCL)
Coal India Limited (CIL)
Gas Authority of India Limited (GAIL)
Bharat Petroleum Corporation Limited (BPCL)
List of Navratnas
Bharat Electronics Limited (BEL)
Container Corporation of India (CONCOR)
Engineers India Limited (EIL)
Hindustan Aeronautics Limited (HAL)
Hindustan Petroleum Corporation Limited (HPCL)
Mahanagar Telephone Nigam Limited (MTNL)
National Aluminium Company (NALCO)
National Buildings Construction Corporation (NBCC)
National Mineral Development Corporation (NMDC)
Neyveli Lignite Corporation Limited (NLCIL)
Oil India Limited (OIL)
Power Finance Corporation
Power Grid Corporation of India Limited
Rashtriya Ispat Nigam Limited
Rural Electrification Corporation
Shipping Corporation of India (SCI)
List of Miniratna-I
Airports Authority of India (AAI)
Antrix Corporation
Balmer Lawrie
Bharat Coking Coal Limited
Bharat Dynamics Limited
Bharat Earth Movers
Bharat Sanchar Nigam Limited (BSNL)
Bridge and Roof
Central Warehousing Corporation
Central Coalfields Limited
Chennai Petroleum Corporation
Cochin Shipyard
Dredging Corporation of India
Educational Consultants India
Kamarajar Port
Garden Reach Shipbuilders & Engineers
Goa Shipyard
Hindustan Copper
HLL Lifecare
Hindustan newsprint
Hindustan Paper
Housing and Urban Development Corporation
HSCC
India Tourism Development Corporation
India Trade Promotion Organisation
Indian Rare Earths
Indian Railway Catering and Tourism Corporation
Indian Renewable Energy Development Agency
Ircon International
Kudremukh Iron Ore Company
Mazagaon Dock Limited
Mahanadi Coalfields
MOIL
Mangalore Refinery and Petrochemicals Limited
Mishra Dhatu Nigam
MMTC Ltd.
MSTC Limited
National Fertilizers
National Small Industries Corporation Limited
National Seeds Corporation
NHPC Ltd.
Northern Coalfields
North Eastern Electric Power Corporation Limited
Numaligarh Refinery
ONGC Videsh
Pawan Hans
Projects and Development India Limited
RailTel Corporation of India
Rail Vikas Nigam Limited
Rashtriya Chemicals & Fertilizers
RITES
SJVN Ltd.
Security Printing and Minting Corporation of India
South Eastern Coalfields
State Trading Corporation of India
Telecommunications Consultants India
THDC Ltd.
Western Coalfields
Water and Power Consultancy Services
List of Miniratna-II
Artificial Limbs Manufacturing Corporation of India
Bharat Pumps & Compressors
Broadcast Engineering Consultants India
Central Mine Planning and Design Institute
Central Railside Warehouse Company
Engineering Projects
FCI Aravali Gypsum and Minerals (India) Limited
Ferro Scrap Nigam Limited
HMT (International) Ltd.
Indian Medicines & Pharmaceuticals Corporation Limited
MECON
Mineral Exploration Corporation Limited
National Film Development Corporation of India
PEC Ltd.
Rajasthan Electronics & Instruments Limited
Others: Power System Operation Corporation Ltd.
See also[edit]
Disinvestment of Public Sector Units in India
Indian company law
References[edit]
Jump up ^ "Chapter 1, Industrial Policy Handbook" (PDF). Industrial Policy Handbook. Office of the Economic Adviser, Ministry of Commerce and Industry. p. 2. Archived from the original (PDF) on 28 May 2015. Retrieved 17 September 2015.
^ Jump up to: a b Jadhav, Narendra. "Industrial Policy since 1956" (PDF). Dr. Narendra Jadhav. Retrieved 17 September 2015.
Jump up ^ Ghose, Shankar. Jawaharlal Nehru. Allied Publishers. p. 243. ISBN 978-8170233695.
Jump up ^ Ahluwalia, Isher J. (1993). Productivity and Growth in Indian Manufacturing, part of Recent Developments in Indian Economy: With Special Reference to Structural Reforms, Part 2. New Delhi: Academic Foundation. p. 25. ISBN 9788171880942.
Jump up ^ Baldev Raj Nayar, Globalization And Nationalism: The Changing Balance Of India's Economic Policy, 1950–2000 (New Delhi: Sage, 2001)
Jump up ^ "Disinvestments-A Historical Perspective". Bombay Stock Exchange. Retrieved 19 September 2015.
Jump up ^ Sankar, T.L., Mishra, R.K., Lateef Syed Mohammed, A. (1994). "Divestments in Public Enterprises: The Indian Experience". International Journal of Public Sector Management. 7 (2): 69–88. doi:10.1108/09513559410055242. CS1 maint: Multiple names: authors list (link)
Jump up ^ Original govt. announcement about the Navratnas 1997 Archived 9 February 2012 at the Wayback Machine.
Jump up ^ Rediff News 26.08.2010
Jump up ^ "Maharatna status for mega PSUs gets nod". The Times of India. 25 December 2009. Retrieved 29 December 2009.
Jump up ^ "bsepsu.com". www.bsepsu.com. Retrieved 2016-07-25.
Jump up ^ http://www.archive.india.gov.in/spotlight/spotlight_archive.php?id=78
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text:
Negotiable Instruments Act, 1881
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The Negotiable Instruments Act, 1881
An Act to define and Law relating to negotiable instruments which are Promissory Notes, Bills of Exchange and cheques
Citation
Act No. 26 of 1881
Enacted by
Imperial Legislative Council (India)
Date enacted
9 December 1881
Date commenced
1 March 1882
Status: In force
Negotiable Instruments Act, 1881 is an act in India dating from the British colonial rule, that is still in force largely unchanged.
Contents
1 History
2 Modern era
3 Statutory definitions
4 Dishonour of certain cheques for insufficiency of funds
5 Five of the offence under Section 138
6 References
7 External Links
History[edit]
The history of the present Act is a long one. The Act was originally drafted in 1866 by the 3rd India Law Commission and introduced in December, 1867 in the Council and it was referred to a Select Committee. Objections were raised by the mercantile community to the numerous deviations from the English Law which it contained. The Bill had to be redrafted in 1877. After the lapse of a sufficient period for criticism by the Local Governments, the High Courts and the chambers of commerce, the Bill was revised by a Select Committee. In spite of this Bill could not reach the final stage. In 1880 by the Order of the Secretary of State, the Bill had to be referred to a new Law Commission. On the recommendation of the new Law Commission the Bill was re-drafted and again it was sent to a Select Committee which adopted most of the additions recommended by the new Law Commission. The draft thus prepared for the fourth time was introduced in the Council and was passed into law in 1881 being the Negotiable Instruments Act, 1881 (Act No.26 of 1881)[1]
The most important class of Credit Instruments that evolved in India were termed Hundi. Their use was most widespread in the twelfth century, and has continued till today. In a sense, they represent the oldest surviving form of credit instrument. These were used in trade and credit transactions; they were used as remittance instruments for the purpose of transfer of funds from one place to another. In Modern era Hundi served as Travellers Cheques.[2]
According to Section 13 of the Negotiable Instruments Act, "A negotiable instrument means a promissory note, bill of exchange or cheque payable either to order or to bearer.'[3] But in Section 1, it is also described that Local extent, Saving of usage relating to hundis, etc., Commencement. -It extends to the whole of India but nothing herein contained affects the Indian Paper Currency Act, 1871, Section 2, or affects any local usage relating to any instrument in an oriental language. Provided that such usages may be excluded by any words in the body of the instrument, which indicate and intention that the legal relations of the parties thereto shall be governed by this Act; and it shall come
Main Types of Negotiable Instruments are:
Inland Instruments
Foreign Instruments
Bank Draft[4][5]
Modern era[edit]
We prefer to carry a small piece of paper known as Cheque rather than carrying the currency worth the value of the Cheque. Before 1988 there being no provision to restrain the person issuing the Cheque without having sufficient funds in his account. Of course on Dishonoured cheque there is a civil liability accrued. In order to ensure promptitude and remedy against the defaulters of the Negotiable Instrument a criminal remedy of penalty was inserted in Negotiable Instruments Act, 1881 by amending it with Negotiable Instruments Act, 1988.[3]
With the insertion of these provisions in the Act the situation certainly improved and the instances of dishonour have relatively come down but on account of application of different interpretative techniques by different High Courts on different provisions of the Act it further compounded and complicated the situation although on dishonour of cheques the trends of the verdicts of the Supreme Court of India
Parliament enacted the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 (55 of 2002), which is intended to plug the loopholes. This amendment Act inserts five new sections from 143 to 147 touching various limbs of the parent Act and Cheque truncation through digitally were also included and the amendment Act has been recently brought into force on Feb. 6, 2003.[3]
Statutory definitions[edit]
Some of the important definitions of the Act are:
Section 4 - Promissory note[6]
A "promissory note" is an instrument in writing (not being a bank-note or a currency-note) containing an unconditional undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument.
Section 5 - Bill of exchange[7]
A "bill of exchange" is an instrument in writing containing an unconditional order, signed by the maker, directing a certain person to pay a certain sum of money only to, or to the order of, a certain person or to the bearer of the instrument.
A promise or order to pay is not "conditional", within the meaning of this section and section 4, by reason of the time for payment of the amount or any instalment thereof being expressed to be on the lapse of a certain period after the occurrence of a specified event which, according to the ordinary expectation of mankind, is certain to happen, although the time of its happening may be uncertain.
The sum payable may be "certain", within the meaning of this section and section 4, although it includes future interest or is payable at an indicated rate of exchange, or is according to the course of exchange, and although the instrument provides that, on default of payment of an instalment, the balance unpaid shall become due.
The person to whom it is clear that the direction is given or that payment is to be made may be a "certain person", within the meaning of this section and section 4, although he is mis-named or designated by description only.
Section 6 - Cheque[8]
A cheque is bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand and it includes the electronic image of a truncated cheque and a cheque in the electronic form.
Explanation: I. - For the purposes of this section, the expressions-
(a) a cheque in the electronic form means a cheque which contains the exact mirror image of a paper cheque, and is generated, written and signed in a secure system ensuring the minimum safety standards with the use of digital signature (with or without biometrics signature) and asymmetric crypto system;
(b) a truncated cheque means a cheque which is truncated during the course of a clearing cycle, either by the clearing house or by the bank whether paying or receiving payment, immediately on generation of an electronic image for transmission, substituting the further physical movement of the cheque in writing.
Explanation II - For the purposes of this section, the expression clearing house means the clearing house managed by the Reserve Bank of India or a clearing house recognised as such by the Reserve Bank of India.
Section 13 - Negotiable Instruments[9]
(1) Negotiable instrument. A Negotiable Instrument means a promissory note, bill of exchange or cheque payable either to order or to bearer.
Explanation (i).-A promissory note, bill of exchange or cheque is payable to order which is expressed to be so payable or which is expressed to be payable to a particular person, and does not contain words prohibiting transfer or indicating an intention that it shall not be transferable.
Explanation (ii).-A promissory note, bill of exchange or cheque is payable to bearer which is expressed to be so payable or on which the only or last endorsement is an endorsement in blank.
Explanation (iii).-Where a promissory note, bill of exchange or cheque, either originally or by endorsement, is expressed to be payable to the order of a specified person, and not to him or his order, it is nevertheless payable to him or his order at his option.
(2) A negotiable instrument may be made payable to two or more payees jointly, or it may be made payable in the alternative to one of two, or one or -some of several payees.
Section 123 - Cheque Crossed Generally[9]
Where a cheque bears across its face an addition of the words and company or any abbreviation thereof, between two parallel transverse lines, or of two parallel transverse lines simply, either with or without the words, not negotiable, that addition shall be deemed a crossing, and the cheque shall be deemed to be crossed generally.
Section 124 - Cheque crossed specially[3]
Where a cheque bears across its face an addition of the name of a banker, either with or without the words not negotiable, that addition shall be deemed a crossing, and the cheque shall be deemed to be crossed specially, and to be crossed to that banker.
Section 126 Cheque crossed specially[9]
Where a cheque is crossed generally, the banker, on whom it is drawn shall not pay it otherwise than to a banker.
Payment of cheque crossed specially. - Where a cheque is crossed specially, the banker on whom it is drawn shall not pay it otherwise than to the banker to whom it is crossed, or his agent, for collection.
Section 130 Cheque bearing Not Negotiable[9]
A person taking a cheque crossed generally or specially, bearing in either case the words not negotiable, shall not have, and shall not be capable of giving, a better title to the cheque than that which the person from whom he took it had.
Dishonour of certain cheques for insufficiency of funds[edit]
Provided that nothing contained in this section shall apply unless-
(a) the cheque has been presented to the bank within a period of three months from the date on which it is drawn or within the period of its validity, whichever is earlier;
(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque within thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and
(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or as the case may be, to the holder in due course of the cheque within 15 days of the receipt of the said notice.
Explanation - For the purposes of this section, debt or other liability means a legally enforceable debt or other liability.
Another very important section is presumptions as to Negotiable Instruments under Section 118 of the Act.
[3] Section 118 - Presumptions as to Negotiable Instruments
Until the contrary is proved, the following presumptions shall be made:
(a) of consideration. - that every negotiable instrument was made or drawn for consideration, and that every such instrument, when it has been accepted, indorsed, negotiated or transferred, was accepted, indorsed, negotiated or transferred for consideration;
(b) as to date. - that every negotiable instrument bearing a date was made or drawn on such date;
(c) as to time of acceptance. - that every accepted bill of exchange was accepted within a reasonable time after its date and before its maturity;
(d) as to time of transfer. - that every transfer of a negotiable instrument was made before its maturity;
(e) as to order of indorsements. - that the indorsements appearing upon a negotiable instrument were made in the order in which they appear thereon;
(f) as to stamp. - that a lost promissory note, bill of exchange or cheque was duly stamped;
(g) that holder is a holder in due course. - that the holder of a negotiable instrument is a holder in due course;
Provided that, where the instrument has been obtained from its lawful owner, or from any person in lawful custody thereof, by means of an offence or fraud, or has been obtained from the maker or acceptor thereof by means of an offence or fraud, or for unlawful consideration, the burden of proving that the holder is a holder in due course lies upon him.
By change in N.I. act from April 1st 2016 cheque once dishonor due to insufficient funds can not be presented again.(citation needed).
Five of the offence under Section 138[edit]
It is manifest that to constitute an offence under Section 138 of the Act, the following ingredients are required to be fulfilled:[10]
a must have drawn a cheque on an account maintained by him in a bank for payment of a certain amount of money to another person from out of that account
the cheque should have been issued for the discharge, in whole or in part, of any debt or other liability;
that cheque has been presented to bank within a period of three months from the date on which it is drawn or within the period of its validity whichever is earlier;
that cheque is returned by the bank unpaid, either because of the amount of money standing to the credit of the account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with the bank;
the payee or the holder in due course of the cheque makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, within 30 days of the receipt of information by him from the bank regarding the return of the cheque as unpaid;
the drawer of such cheque fails to make payment of the said amount of money to the payee or the holder in due course of the cheque within 15 days of the receipt of the said notice;
References[edit]
Jump up ^ "11th Report - Law Commission of India" (PDF). 1958.
Jump up ^ "Reserve Bank of India - Publications". Reserve Bank of India.
^ Jump up to: a b c d e "Section 13 - Negotiable Instruments Act, 1881 - Government of India".
Jump up ^ https://www.youtube.com/watch?v=lGZ7L1GkyEk
Jump up ^ http://svtuition.com/type-of-negotiable-instruments/
Jump up ^ Universal law guide pg.1412, Section 4 of Negotiable instrument Act
Jump up ^ Universal law guide pg.1412, Section 5 of Negotiable instrument Act
Jump up ^ "Section 6 of Negotiable Act" (PDF).
^ Jump up to: a b c d "Section 13 of Negotiable Act".
Jump up ^ "Dishonour of Cheque - How Criminal Liability arises". Archived from the original on 5 September 2004.
External Links[edit]
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