RIGHT TO EQALITY ACT

RIGHT TO EQALITY UNDER INTERNATIONAL AND NATIONAL LEGAL

FRAME WORK

International Legal Frame Work

The concept of equality has emerged from the existence of human civilization as the world has been facing unequal treatment among people on the basis of status, power, race, sex, religion etc. from the same time. However, there have been efforts in regards to right to equality in many countries at various phases of time. In the history of right to equality, the people of ancient Greek City State were allowed the equal freedom of speech and equality before law. They were known as ‘ISOGORIA’ and ‘ISONOMIA’ respectively.¹¹ With the passage of time the concept of equality can be found in British legal system i.e. in Magna Carta 1215, Petition of Rights 1628, Bill of Rights 1689. In the same way such rights were also incorporated in American legal system, i.e. in Virginia Bill of Rights 1776, American Declaration of Independence 1776, American Bill of Rights. Like wise, French Contribution in this regard is also of immense value.¹² But these efforts were limited to the respective countries only. And unequal treatment continued to be practiced round the world. The world faced very panic situation in this regard during the first and second World Wars. The concept of right to equality each and every aspect of human life emerged only after the establishment of United Nations Organization at international level. Right to equality and non-discrimination is the main purpose of this Organization. The following instruments of UN at international level are of immense value in this regard.

The UNO aims to reaffirm faith in fundamental human rights, in the dignity and worth of human person, in equal rights of men and women and of nations large and small and to achieve international cooperation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, language or religion.

Thus the concept of right to equality emerged as human rights universally applicable to all people of this world irrespective of their any status. This concept being an essential substance of human rights emerged as the foundation of freedom, peace and justice in the world as the Universal Declaration of Human rights come into existence in 1948. This declaration is considered as a common standard of achievement for all peoples and nations around the world. According to this declaration all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. In the same way, everyone is entitled to all rights and freedoms set forth in this declaration, without distinction of any kind such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.¹⁵ This right to equality and non-discrimination without discrimination on any basis are the main features of this declaration. In its various articles, this declaration has guaranteed the notion of equality in each and every aspect of human life i.e. right to life, liberty and security, right against slavery and servitude, right against torture or to cruel, inhuman or degrading treatment or punishment, right to recognition everywhere as a person before the law and equal protection of law, right to criminal justice, right to freedom of movement, residence, thought, religion, conscience, opinion and expression, property, nationality, marriage, participation, employment, education, and culture etc. Thus, this declaration covers almost all aspects of human life and guarantees these rights as human rights enjoyable on the equal basis of right to equality and without discrimination on any basis.

These rights were further reaffirmed in the International Covenant on Civil and Political Rights 1966 and International Covenant on Economic, Social and Cultural Rights 1966. In fact these two covenants not only reaffirmed the notion of equality and non-discrimination on any basis but also categorized or specified the rights into civil and political rights and economic, social and cultural rights. On the other hand the covenants obliged state parties to protect and promote the rights set forth in the covenants and provide effective remedies if violated. At the same time these covenants also established implementing mechanism through observation, monitoring, complaint handling, reporting to protect and promote these rights at international level.

Likewise, the UN adopted various other international instruments i.e. CERD, CRC, CEDAW etc. to protect rights of people concerned on the basis of equality and non-discrimination. Despite of above-mentioned instruments, realizing the unequal treatment towards women all over the world, Convention on the Elimination of All Forms of Discrimination Against Women came into existence to eliminate all forms of discrimination against women in 1979. CEDAW is the greatest achievement as an international instrument regarding the rights of women. This convention, for the first time, not only defines the term “discrimination against women” as any distinction, exclusion or restriction made on the basis of sex which has the effect of purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on basis of men and women, of human rights and fundamental freedom in the political, economic, social, cultural, civil or any other field, but also obliges state parties to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and to take all appropriate measures in all fields of life, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.

Thus right to equality can be viewed as an integral and indivisible part of international instruments and as the foundation of all rights of people enjoyable without any discrimination on any basis all over the world. In other worlds right to equality has been felt essential for the protection of all other rights of people and an unavoidable requirement of democracy and rule of law in modern world.

B. National Legal Framework

Nepal is constitutionally a Hindu Country. Hindus make up religious majority and as such Nepal’s legal framework is largely shaped in accordance with the Hindu Orthodox value system. With the existence of Licchavi dynasty in 4^th century, Hindu rulers applied the customary rules of their religion as laws to govern the behavior of their subjects. Caste system, patriarchy type of society, right, recognition, treatment and punishment as per the status, caste and sex of individual or community were some major areas of inequalities vested in Hindu value system and the same were practiced under various laws for a long period of time. The Code of Human Justice (Manab Nyaya Shastra) of 14^th century and Muluki Ain 1910 are major examples of such practices in Nepal. On the other hand, Rana Regime ruled over Nepal for 104 years till 2007 B.S. They applied same values and laws to rule over the people of Nepal. There was no chance of equality on any ground. Any one, who spoke for equality or opposed their system, was killed or disappeared.

However, at the end of Rana Regime, Prime Minister Padma Smasher promulgated the Government of Nepal Act, 2004 the first ever written constitutional document of Nepal. This constitution was said to be democratic one as it had guaranteed some fundamental rights. According to the constitution, “ Subject to the principles to public order and morality this constitution guarantees to the citizens of Nepal freedom of a person, freedom of speech, liberty of the press, freedom of assembly and discussion, freedom of worship, complete equality in the eye of law, cheap and speedy justice, universal and equal suffrage for all adults…as defined by the laws of the state at present existing and laws and rules to be made hereunder” Thus, the concept of equality in the eye of law was embodied in this constitution for the first time in Nepalese legal system. However, this constitution could not be applicable and the situation remained the same.

In the history of Nepalese constitution other three constitutions were promulgated in different times till the Constitution of Kingdom of Nepal promulgated in 2047. The right to equality and non-discrimination on any basis and equal protection of law were guaranteed under the articles 14, 15 and 16 of the Interim Government of Nepal Act 2007. But there was no provision for remedies in this constitution. Likewise, article 4 of the Constitution of Kingdom of Nepal 2015 had also guaranteed the same rights and it had also guaranteed the right to constitutional remedy. Again, the Constitution of Nepal replaced this constitution in 2019. This constitution authorized king as the sovereign power and recognized party less system of governance. However, this constitution was also said to be democratic and protector of people’s rights. Under part 3 of this constitution right to equality without discrimination and equal protection of law were guaranteed as fundamental rights of people. This constitution was applied for about three decades but as it had prohibited multi party system and was against the will of Nepali people, it was also replaced by the Constitution of the kingdom of Nepal 2047.

C. Right to Equality under the Constitution of the Kingdom of Nepal 2047

The Constitution of the Kingdom of Nepal has been considered as the most democratic constitution in the history of Nepal ever since. Multi party democracy, Rule of law, independent and competent judiciary, protection of basic human rights, adult franchise is some important feature of this constitution and these notions are not amendable. This constitution is the fundamental law of land all laws inconsistent with it shall, to the extent of such inconsistency, be void. The constitution guarantees almost the rights guaranteed under the Universal Declaration of Human Rights in its part 3 as fundamental rights of people. Right to equality and equal protection is one of those fundamental rights in this constitution.

According to the article 11 of the constitution, all citizens shall be equal before law. No person shall be denied the equal protection of the laws. No discrimination shall be made against any citizen in the application of general laws on grounds of religion, race, sex, caste, tribe or ideological conviction or any of these. The state shall not discriminate among citizens on grounds of religion, race, sex, caste, tribe or ideological conviction or any of these. No person shall, on the basis of caste, be discriminated against as untouchable, be denied access to any public place, or be deprived of the use of public utilities. Any contravention of this provision shall be punishable by law. No discrimination in regard to remuneration shall be made between men and women for the same work.

At the same time, the constitution also provides special provision to make law for the protection and advancement of the interests of women, children, the aged or those who are physically or mentally incapacitated or those who belong to a class, which is economically backward.

In this way the Constitution of the Kingdom of Nepal 2047 has guaranteed the right to equality and equal protection of law as fundamental rights of people. On the other hand, any international instrument to which Nepal is a party is applicable as the domestic law of Nepal.This provision has further guaranteed the notion of right to equality and equal protection law and has incorporated the international and universal notion of right to equality and non-discrimination into Nepalese legal system.

SOME CONTRADICTIONS

Though the Constitution of the Kingdom of Nepal has guaranteed the right to equality and non-discrimination and instrumentally Nepal is obliged to create equality among people without discrimination on any basis according to international human rights instruments, Nepalese legal system still maintains some inequalities among people on various grounds. Constitutionally, women’s individual identity is denied for acquiring citizenship of Nepal. As per the constitution and Citizenship Act 2020, a child cannot get citizenship on the basis of his or her mother’s identity. His or her father’s identity must be presented and he must be a Nepalese citizen.

Women were deprived from parental property before the 11^th amendment on the Muluki Ain in 2058. Though the amendment provided daughter inherent right to property, she should return it to natal family after her marriage. In the same way Army Act 1959 bans the recruitment of women into Royal Nepal Army.

According to the shadow report presented by Forum for Women, Law and Development, at present there are several direct discriminatory laws that challenge the spirit of the Constitution. Legal discrimination against women persists with respect to criminal punishment, property, citizenship rights, marriage, divorce, transaction, tenancy abortion, rape and other family laws.

The Supreme Court of Nepal has also denied the right to equality in some cases. For example, three sons of a Nepalese mother were not provided citizenship according to her identity by the government of Nepal, which was against the right to equality guaranteed under article 11 of the constitution and various international instruments to which Nepal is a party. Despite of this protection, the Supreme Court gave its verdict stating that the provision of article 11 of the constitution does not imply on the matter of citizenship as it is a specific matter and the law requires the father not the mother of a child to be a Nepali that is an essential requirement for acquiring citizenship of Nepal. However, the court has also given positive decision regarding right to equality in many cases too.

About Copyright Act

Before When you are publishing book, directing movie or nominating your shop name that time you have to remember this one copyright act.

What Is Copyright?

Copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

• To reproduce the work in copies or phonorecords;

• To prepare derivative works based upon the work;

• To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

• To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;

• To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and

• In the case of sound recordings,* to perform the work publicly by means of a digital audio transmission.

In addition, certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act. For further information, see Circular 40, Copyright Registration for Works of the Visual Arts.

It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of “fair use,” which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a “compulsory license” under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the copyright law or write to the Copyright Office.²

Who Can Claim Copyright?

Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.

In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a “work made for hire” as: 1 a work prepared by an employee within the scope of his or her employment; or 2 a work specially ordered or commissioned for use as:

• a contribution to a collective work

• a part of a motion picture or other audiovisual work

• a translation

• a supplementary work

• a compilation

• an instructional text

• a test

• answer material for a test

• an atlas if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.

The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary. Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.

Two General Principles

• Mere ownership of a book, manuscript, painting, or any other copy or phonorecord does not give the possessor the copyright. The law provides that transfer of ownership of any material object that embodies a protected work does not of itself convey any rights in the copyright.

• Minors may claim copyright, but state laws may regulate the business dealings involving copyrights owned by minors. For information on relevant state laws, consult an attorney.

Copyright and National Origin of the Work

Copyright protection is available for all unpublished works, regardless of the nationality or domicile of the author. Published works are eligible for copyright protection in the United States if any one of the following conditions is met:

• On the date of first publication, one or more of the authors is a national or domiciliary of the United States, or is a national, domiciliary, or sovereign authority of a treaty party,* or is a stateless person wherever that person may be domiciled; or

• The work is first published in the United States or in a foreign nation that, on the date of first publication, is a treaty party. For purposes of this condition, a work that is published in the United States or a treaty party within 30 days after publication in a foreign nation that is not a treaty party shall be considered to be first published in the United States or such treaty party, as the case may be; or

• The work is a sound recording that was first fixed in a treaty party; or

• The work is a pictorial, graphic, or sculptural work that is incorporated in a building or other structure, or an architectural work that is embodied in a building and the building or structure is located in the United States or a treaty party; or

• The work is first published by the United Nations or any of its specialized agencies, or by the Organization of American States; or

• The work is a foreign work that was in the public domain in the United States prior to 1996 and its copyright was restored under the Uruguay Round Agreements Act (URAA). See Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA-GATT), for further information.

• The work comes within the scope of a Presidential proclamation.

What Works Are Protected?

Copyright protects “original works of authorship” that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:

1 literary works

2 musical works, including any accompanying words

3 dramatic works, including any accompanying music

4 pantomimes and choreographic works

5 pictorial, graphic, and sculptural works

6 motion pictures and other audiovisual works

7 sound recordings

8 architectural works

These categories should be viewed broadly. For example, computer programs and most “compilations” may be registered as “literary works”; maps and architectural plans may be registered as “pictorial, graphic, and sculptural works.”

What Is Not Protected by Copyright?

Several categories of material are generally not eligible for federal copyright protection. These include among others:

• Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)

• Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents

• Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration

• Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)³

Indian perspective on copyright protection:

The Copyright Act, 1957 provides copyright protection in India. It confers copyright protection in the following two forms:

(A) Economic rights of the author, and

(B) Moral Rights of the author.

(A) Economic Rights: The copyright subsists in original literary, dramatic, musical and artistic works; cinematographs films and sound recordings. The authors of copyright in the aforesaid works enjoy economic rights u/s 14 of the Act. The rights are mainly, in respect of literary, dramatic and musical, other than computer program, to reproduce the work in any material form including the storing of it in any medium by electronic means, to issue copies of the work to the public, to perform the work in public or communicating it to the public, to make any cinematograph film or sound recording in respect of the work, and to make any translation or adaptation of the work. In the case of computer program, the author enjoys in addition to the aforesaid rights, the right to sell or give on hire, or offer for sale or hire any copy of the computer program regardless whether such copy has been sold or given on hire on earlier occasions. In the case of an artistic work, the rights available to an author include the right to reproduce the work in any material form, including depiction in three dimensions of a two dimensional work or in two dimensions of a three dimensional work, to communicate or issues copies of the work to the public, to include the work in any cinematograph work, and to make any adaptation of the work. In the case of cinematograph film, the author enjoys the right to make a copy of the film including a photograph of any image forming part thereof, to sell or give on hire or offer for sale or hire, any copy of the film, and to communicate the film to the public. These rights are similarly available to the author of sound recording. In addition to the aforesaid rights, the author of a painting, sculpture, drawing or of a manuscript of a literary, dramatic or musical work, if he was the first owner of the copyright, shall be entitled to have a right to share in the resale price of such original copy provided that the resale price exceeds rupees ten thousand.

(B) Moral Rights: Section 57 of the Act defines the two basic “moral rights” of an author. These are:

(i) Right of paternity, and

(ii) Right of integrity.

The right of paternity refers to a right of an author to claim authorship of work and a right to prevent all others from claiming authorship of his work. Right of integrity empowers the author to prevent distortion, mutilation or other alterations of his work, or any other action in relation to said work, which would be prejudicial to his honour or reputation. The proviso to section 57(1) provides that the author shall not have any right to restrain or claim damages in respect of any adaptation of a computer program to which section 52 (1)(aa) applies (i.e. reverse engineering of the same). It must be noted that failure to display a work or to display it to the satisfaction of the author shall not be deemed to be an infringement of the rights conferred by this section. The legal representatives of the author may exercise the rights conferred upon an author of a work by section 57(1), other than the right to claim authorship of the work.

Indian Judiciary Response:

The response of Indian judiciary regarding copyright protection can be grouped under the following headings:

(1) Ownership of copyright,

(2) Jurisdictional aspect,

(3) Cognizance taken by the court,

(4) Infringement of copyright,

(5) Availability of alternative remedy, and

(6) Rectification of copyright.

Ownership of copyright: The ownership in copyright may vest in different persons under different circumstances.

Jurisdictional aspect: The question of territorial jurisdiction of the court to deal with copyright infringement was considered by the courts on several occasions.

Cognizance taken by the court: To prevent copyright infringement, timely cognizance taking by the appropriate court is absolutely essential. The taking of cognizance by the court depends upon the limitation period as mentioned in the Limitation Act, 1963 and Cr.P.C, 1973.

Infringement of copyright: A copyright owner cannot enjoy his rights unless infringement of the same is stringently dealt with by the Courts .The approach of the Indian Judiciary in this regard is very satisfactory.

Availability of alternative remedy: The availability of an efficacious alternative remedy prevents a person from invoking the writ jurisdiction of the High court.

Rectification of copyright: In the rectification proceedings, an entry in the Copyright Register pertaining to a particular copyright can be expunged by the Copyright Board.

About Coca Cola Company

If I says Coca Cola immediately you will imagine that is one of the India’s finest cold drink.

COMPANY PROFILE

Atlanta Beginnings

1886-1892

It was 1886, and in New York Harbour, workers were constructing the Statue of Liberty. Eight hundred miles away another great American symbol was about to be unveiled.

Like many people who change history, John Pemberton, a Civil war veteran and Atlanta pharmacist, was inspired by simple curiosity. He loved tinkering with medicinal formulas, and on afternoon, searching for quick cure for headaches, he stirred up a fragrant, caramel-colored liquid in a three-legged pot. When it was done, he carried it a few doors down to Jacob’s Pharmacy.

In its first year, the Company sold about 9 glasses of Coca-Cola a day. A century later, the Coca-Cola Company has produced over 10 billion gallons of syrup. 1886-1991, Pemberton sold the Company to Atlanta businessman As a Griggs Candler for a total about $2300. Candler would become the Company’s first president, and the first to bring real vision to the business and brand.

Beyond Atlanta

1893-1904

The aggressive promotion worked. By 1895, Candler had build syrup plants in Chicago, Dallas and Los Angeles. Inevitably, the soda’s popularity led to a demand for it to enjoyed in new ways. In 1894, Mississippi businessman named Joseph Biedenharn became the first to put the drink in bottles. When in 1889, two Chattanooga lawyers, Benjamin F. Thomas and Joseph B. White head, secured exclusive rights from him to bottle and sell the beverage – for the sum of one dollar.

Safeguarding the Brand.

1905-1918

Advertising focused on the authenticity of Coca-Cola, urging consumers to “Demand the genuine” and “Accept no substitute”. The company also decided to create a distinctive bottle shape to assure people they were actually getting a real Coca-Cola. In 1916, the Root Glass Company of Terre Haute, Indiana, began manufacturing the famous contour bottle. As the country roared into the new century, the Coca-Cola company grew rapidly, moving into Cuba, Puerto Rico, France and the other countries and U.S. territories. In 1900, there were two bottlers of Coca-Cola, by 1920, there would be about 1000.

The Woodruff Legacy

1919-1940

Perhaps no person had more impact on the Coca-Cola company than Robert Woodruff. In 1923, five years after his father Ernest purchase the company from Asa Candler, Woodruff became the company President. Woodruff was a marketing genius who saw opportunities for expansion everywhere. He captivated foreign market with innovative campaigns. Coca-Cola traveled with the US team to the 1928 Amsterdam Olympics, the logo was emblazoned on racing dog sleds in Canada and the walls of bullfighting arenas in Spain. Woodruff pushed development and distribution of the six-pack, the open top cooler, and all innovations that made it easier for people to drink Coca-Cola.

The War and its Legacy

1941-1959

In 1941, America entered World War II. Thousands of men and women were sent overseas. The country and Coca-Cola rallied behind them. Woodruff ordered that “every man in uniform gets a bottle of Coca-Cola for 5 cents, wherever he is, and whatever it costs the Company”. In 1943, General Dwight Eisconhower sent an urgent cable gram to Coca-Cola requesting shipment of materials for 10 bottles plants. During the many, many Europeans enjoyed their first taste of beverage and when peace finally came, Coca-Cola was doing a lot of business overseas. Woodruff’s vision that Coca-Cola be placed within arms reach of desire was coming true. From the mid 40’s until 1960 the number of countries with bottling operations nearly doubled.

A World of Customers

1960-1981

After 75 years of amazing success with brand Coca-Cola, the company decided to expand new flavors Sprite in 1961, Tab in 1963 and Fresca in 1966. The international appeal of Coca-Cola was embodied by 1971 commercial, were a group of young people from all over the world gathered on a hill top in Italy to sing “I would like to buy the world a Coke”. In 1978, the Coca-Cola company was selected as the only company allowed to sell packet cool drinks in the Peoples Republic of China.

Coca-Cola Now

1990-Now

In Feb 2000, Doug Draft was named company’s Chairman. Coca-Cola is a huge international company but Draft’s vision is to have the company operate as a collection of smaller, locally run business. “No One”, Draft points out “decides to enjoy of our product globally”. That’s why Coca-Cola is committed to local markets, to paying attention to what people from different cultures and back grounds like to drink, and where and how they want to drink it. Every ten seconds, 1,26,000 people chose to reach for one of the Coca-Cola company brands, and it is the company’s mission to make the choice exciting and satisfying, every single time.

HISTORY OF COCA-COLA

The history of Coca-Cola is a story that begins more than a centaury ago in the back yard a few blocks down the street from where the world headquarters of the Coca-Cola company is now located.

Coca-Cola originated in Atlanta, Georgia, on May 8, 1886. Pharmacist Dr. John Styth Pemberton stirred up a fragrant caramel colored syrup in a three-legged brass kettle in his backyard and now carried a jug of his formulation down the street to Jacob’s pharmacy, Atlanta’s largest drug store. That same day, the new product made its debut as a soda fountain drink for five cents a glass. When carbonated water was mixed with the new syrup, refreshment history was made.

Dr. Pemberton’s partner and book keeper Frank M. Robinson suggested that name and calligraphed the famous trademark in unique script.

Since then, the Coca-Cola has grown up became the most favorable soft drink in more than 200 countries across the world.

PROFILE OF COCA-COLA INDIA

Coca-Cola India began in the year October 1993. Prior to this the company was forced to leave the country in the year 1977, 16 years from the date of its re-entry. The political developments made the company to wind up its operations in India. In 1993, Coca-Cola was re launched in the historic city of Agra. Immediately after reentering the country, it took over the network of 52 bottlers of the National soft drink leader at the point of time i.e. Parle Exports. The major advantage the company gained through the re-entry was that it acquired all the brand leaders in the industry i.e. Thumps up, Limca, Citra, Gold Spot and Maaza. The bottles were convinced to invest money and upgrade their plants to suit cokes requirements in 1994. 18 bottling plants in the country launched the international flavors Coca-Cola and Fanta in their respective markets. This continued with the rest of bottlers launching these brands gradually in their respective markets. The company aims to takeover all the 52 plants and set up new plants in order to cater to the customers and the increasing demand for the soft drinks manufactured in organized sector.

VISION OF COCA-COLA

Provide exceptional strategic leadership in the Coca-Cola India System resulting in consumer and customer preferences and loyalty, through Coca-Cola’s commitment to them, and in a highly profitable Coca-Cola corporate branded beverages system.

MISSION OF THE COCA-COLA INDIA

Create consumer product, services and communications, customer service and bottling system strategies, processes and tools in order to create competitive advantage and deliver superior value to:

1. Consumer’s as a superior beverages experience.

2. Consumer’s as an opportunity to grow profits through used of finished drinks.

3. Bottlers as an opportunity to grow profits and volume.

4. TCCC as trademark enhancement and positive economic value-added.

5. Suppliers as an opportunity to make reasonable profits when creating real value added in an environment of system-wide teamwork, flexible business system and continuous improvements.

6. CCI Associates as superior career opportunity.

7. Indian Society in the form of a contribution to economic and social development.

PROFILE OF MOULA-ALI PLANT PVT LTD

There are six units in AP Region five units are company owned bottling units (COBU) and one is franchise owned bottling units. (FOBU).

The annual turnover of Moula-Ali units is 90-100 crores this unit was earlier spectra bottling units which was taken over by Coca Cola on 27-12-1997.

EMPLOYEE STRENGTH:

There are 360 permanent employee. In that 225 workers and 135 are staff and the contract labour are 250 in numbers.

THE FUNCTION OF MOULA-ALI BOTTLING COMPANY

• Bottling (Production)
• Distribution
• Sales
• Marketing
• Local advertising

Administration of day-to-day activities

PRODUCTS

The Indian market offers a strong consumer potential as the majority of the population is in middle class category, which is a strong consumer base for any soft drink industry.

Coca-Cola and Pepsi are the main combatants in the soft drinks wars. They wage constant and pitch battles for the retail shelf space. They engage in price wars, copycat advertising, court battles etc.

After 16 years, soft drinks again Coca-Cola came to India and launched Coke in October 1993 for the first time in Agra. As a result of liberalization and opening doors to the multi national companies, Pepsi came to India in the year 1990 and for Indianization it has added the word Lehar.

Coca-Cola India’s objective is to create more seasons and reasons for enjoying a Coke. That is why the 200ml “Mini” Coke bottle Coke, as a brand has a 21% market share.

Coca-Cola India accounted for 135 million units cases. While Pepsi Company accounted for 79 million units cases.

In 2001 Coca-Cola claims a market share of 58% of the total soft drinks market. Of this, Coca-Cola and Thumps up accounted for 42% with 16% accounted by other drinks such as Limca, Maaza, Sprite and Fanta. Pepsi company market share is 42% respectively.

The coca cola company is the world leading manufacturer marketer and distributor of non alcoholic beverage concentrates and syrup. With world headquarters in Atlanta, Georgia. The company flagship brand, and over 300 products are manufactured and sold by the untries around the world.

PRODUCT PROFILE OF HINDUSTAN BEVERAGE COCA-COLA PVT. LTD MOULA-ALI, HYDERABAD

Coca Cola - 200 Ml & 300 Ml

Thumsup - 200 Ml & 300 Ml

Sprit - 200 Ml & 300 Ml

Limca - 200 Ml & 300 Ml

Maza - 250 Ml

Fanta - 200 Ml & 300 Ml

Keenly - 300 Ml (Soda)

Coca Cola - 1.5 Ltr & 2 Ltr

Thumsup - 1000 ml

Limca - 1.5 Ltr

Maza - 1 Ltr

Sprite - 500 Ml, 1 Ltr & 1.5 Ltr

These are main moving products in Coca Cola company.

In my experience is Keenly is the one of the best drinking water package, Thumsup is specially maded for men, if you are drinker then go with Sprite and Children, Youngsters, Girls, Ladis and old age all people like to drink a coca cola, because it is very best teaste & best to helth also (no side effects). This is my personal experince or best of my knowledge.

KAILASH TRANSFORMERS PRODUCTION & SALES

Production department

Production is the process by which, raw material and other input are covered into finished products. The other word for production is manufacturing.

PRODUCTION

To ensure the best quality of the Coils of the transformer, winding wires and strips are also manufactured in house. Fabrication section ensure the robustness, quality and fine finish of the tank and radiators of the transformer.

Distribution Manufacturing process

The manufacturing process of transformer cover the following departments.

1. Coil winding (LV & HV)

2. Core Assembly

3. Core-Coil Assembly

4. Moisture removing of oil

5. Moisture removing of transformer

6. Transformer Tank

7. Painting and Finishing

8. MIS (Testing section)

1) Coil Winding is of two types:-

a) High Voltage Coils: H.V. Coils are the components of finished transformers. They are made on automatic layer setting winding machines.

· A solid cylindrical former of predetermined diameter and length is being used as hase over which is made.

· Generally round insulated wire of either copper (Cu) or Aluminium (Al) is used as basic raw material.

· The coils are made in number of layers.

· The starting and finishing leads of each coil are terminated on either side of the coil.

· These leads are properly sleeved and locked at number of points.

b) Low Voltage Coils:

· L.V. Coils are also one of the components of transformer. The procedure of making low voltage coil is generally same as described earlier.

· The shape of the basic raw-material (Al or Cu) is rectangular.

The Test: The "Turn Test" is carried out on the H.V. Coils as per the specifications.

2) Core Assembly

• The basic raw-material is COLD ROLLED GRAIN ORIENTED (CRGO) Silicon Steel
• It is in the form of thin sheets & cut to size as per design.
• Generally three different shapes of core laminations are used in one assembly.
• Notching is performed to increase the magnetic path.
• The laminations are put through annealing process.
• These laminations are assembled in such a manner that there is no air gap between the joints of two consecutive sheets.
• The entire assembly is done on a frame commonly known as core channel. These frames being used as a clamping support of the core assembly.

3) Core-Coil Assembly

• The components produced in the coil winding and core assembly stage are then taken into core-coil assembly stage.
• The core assembly is vertically placed with the foot plate touching the ground. the top yoke of the core is removed. The limbs of the core are tightly wrapped with cotton tape and then varnished.
• Cylinder made out of insulating press board/ pressphan paper is wrapped on all the three limbs.
• Low Voltage Coil is placed on the insulated core limbs.
• Insulating block of specified thickness and number are placed both at the top and bottom of the L.V.Coil.
• Cylinder made out of corrugated paper or plain cylinder with oil ducts are provided over L.V.Coil.
• H.V. Coils are placed over the cylinder.
• Gap between each section of H.V. Coils including top & bottom clearances is maintained with the help of oil ducts, as per the design/drawings.
• The Top Yoke is refilled. Top core frame including core bolts and tie rods are fixed in position.
• Primary and secondary windings are connected as per the requirements. Phase barrier between H.V. phases are placed as per requirement.
• Connections to the tapping switch (if required) are made.
• Finally, the component is placed in the oven.

4) Moisture Removing of Oil:

In this department the transformer oil which is brought from the railway tank is supplied to ovening machine in which the access moisture of the oil is removed by heating with suitable temperature.

5) Moisture removing of Assembly:

In this section the whole assembly before being tank up the moisture is removed by keeping the whole assembly into heating chamber at suitable temperature, for suitable period depending upon the atmospheric condition.

6) Transformer Tank:

We have a state-of-art in-house facility for manufacturing transformer tanks.

All tanks are made of high quality steel and can withstand vacuum as specified by the international standards and the customer. All welds are tested, ensuring 100% leak proof of seems and mechanical strength. Transformer with Corrugated Fin-Type radiators can also be supplied. The fins are manufactured of Gold-rolled steel. The fin height and length are according to customer's specifications and fins can be plain or embossed. All transformer tanks are given a smooth finishing by using the "SHOT BLASTING" process.

7) Painting and Finishing:

a) Painting

The entire procedure of painting is done under two stages:

1. Cleaning of tanks

· The cleaning of tank is done normally by chipping/grinding.

· The outside surface of the tank is short blasted to achieve a very fine and smooth finish

2. Painting of tanks

· After cleaning the tanks, a coat of hot oil resistence paint is applied on the internal surface of the tank.

· The outside surface is painted with a coat of Red Oxide primer and subsequently with one coat of enamel paint as per customer's requirement.

b) Finishing

· Fittings and accessories as per customer's specification and drawing are checked.

· Air Pressure test is subjected to avoid any leakage and seepage on all transformer.

· Transformers are filled with oil upto the minimum level marking, wherever necessary.

· Loose accessories like, earthing terminals, bimetallic connectors, dial type thermometers are also checked for proper fittings.

8) MIS (Testing Section) :

In this section the distribution transformer is tested by using megger and other computerized machines. From this test we will able to know easily the quality and condition of distribution transformer.

MARKETING

Marketing is the “process of planning and executing the conception, pricing, promotion and distribution of ideas, goods and services to create exchanges that satisfy individual and organizational goals”.

The organization has covered market area comprising of whole North Karnataka covering Gulbarga, Raichur, Koppal, Bellary, Bijapur, Dharwad, Belgaum cities (Districts).

Marketing department is responsible for monitoring of commercial marketing and its components. It is responsible for allowing activities:

Ø Market analysis and planning

Ø Product analysis and competition analysis, knowing customer satisfaction, regular customer interaction.

Ø Price updating

Ø Authority and responsibility of marketing manager

Functions of marketing department:

Price fixation:

Price fixation is done on basis

Ø Comparing of other competitors

Ø View marketing conditions

Ø On the tender basis

Sale Promoters:

Performs certain functions like

Ø Price fixation

Ø Timely disposal of stocks

Ø Timely collection of payments

The marketing department of this organization mainly concerned with marketing promotion activities, distribution networking, marketing research activities and handling consumer grievance.

Sales: Classified

Ø Government Tenders

Ø Private tenders

Distribution Situation:

Distribution takes place through government tender, private tender and unit sale depending on the customer requirement.

Product situation:

There are various types of distribution transformer, whose output ranging from 25 Kv to 250 Kv.

Advertising:

Is any paid form of non – presentation and promote the ideas, goods as services by an identified sponsor. Organization handles their advertising by some one in the sales or marketing department who works with an advertising department who works with an advertising agency.

Modes of Advertising:

1. Wall paintings

2. Stickers

3. Telephone Index

4. Calendars and Diaries

5. Girt Articles (pens, diaries, wall-clocks cash bags) etc.

SALES AND DISTRIBUTION

The Distribution transformer of Kailash is not selling their products through distributors. They are selling only (by) through the where ever the government and private tenders issued and also unit selling depending on the customer requirements.

The kilowatts are selling the customer prescribed data on their tenders are taken by the industry.

The industry sale various ratings of the distributin transformer as shown in the table for the year 2005-2006.

KV Ratings	Approximate Sale of Unit per annum	Price (Excluding Tax)
25 KV	2,500	42,500=00
60 KV	5,000	85,000=00
100 KV	500	1,05000=00
250 KV	300	1,85,000=00

QUALITY:

Each and every transformer undergoes routine tests as per requirement:

In accordance with ISO: 9001:200 AND NABCB & ICS following tests are carried out on finished transformer as per sequence

Routine Test conducted on all transformers

1. Measurement of Insulation resistance.

2. Measurement of Voltage Ratio and Check of Voltage Vector Relationship

3. Separate source voltage withstand Test

4. Induced Over – voltage withstand Test

5. Measurement of No load Loss and Current

6. Measurement of Impedance Voltage/Short Circuit Impedance and Load Loss

7. Measurement of Winding Resistance

8. Unbalance Current

9. Oil Dielectric Test

10. Temperature Rise Test

11. Air Pressure Test

12. Vaccum Test

13. Oil leakage test.