A probable solution to avoid insolvency is not rejecting NIR for India. It should be addressed through other means of management. However, such scenarios are
not visible because of Indian NIR. No reason other than the NIR-policy criteria could be a reason for a decision over NIR.
Regards Desi Valli From: Vebtel - Kusumba S [mailto:kusumba at vebtel dot com]
Request 2: I don’t think APNIC has a jurisdiction to go out of the policy document, that is criteria for NIR. That translates into the fact that, EC can
only decide based on whether the applicant meets the policy criteria or not. EC cannot decide whether India needs a NIR or not. Hence, lets limit our discussion on whether the policy criteria is met by applicant or not.
In accordance the the
APNIC By-Laws, clause number 30, the main functions of the Executive Council are: http://www.apnic.net/about-APNIC/organization/structure/apnic-executive-council/EC-roles-and-obligations Part 3 - Legal Obligations of Executive Council Members
In view of the serious liability which can attach to a failure to make a decision on the correct basis and according to the correct process set out by the By-Laws it has been recommended that all the Directors
of APNIC Pty Ltd and the Executive Council Members of APNIC be advised of their responsibilities under Australian Law. Legal Liabilities
The Directors and Officers have a duty to ensure that the company does not trade while it is insolvent. A company is insolvent if it is unable to pay its debts as and when they fall due. A Director or Officer may be personally liable for
any debts incurred by the company while it is insolvent, and suffer a range of consequences including ·
Local language, insufficient resources, price sensitiveness are some of the problems faced by the community members who are from the Indian region. ·
This made many of the members to address these issues by having NIR. ·
Few members do not agree to NIR as a solution for such problems, that’s their freedom to have such opinions. But at the same time, doing something is better than doing nothing.
So let NIR be started. ·
There is nothing called a perfect solution, but NIR is not proposed by keeping only the issues. Only that the initiation of proposed NIR was a trigger due to some of the problems
faced by member community. ·
However, as per criteria for NIR, there is no need for having any reason, whether it is language, better operations, domestic/regional issues etc.,
According to Section 2.2 of the criteria for NIR, following is stated… 2.2 Selection and recognition of NIR
The selection of a candidate NIR to serve a particular country or economy is a matter for that community. It is not possible for APNIC to select an NIR which satisfies
the preferences of any community, or to select between competing candidates for recognition. The recognition of a new NIR is a responsibility of the APNIC Executive Council (EC) as representatives of the APNIC Membership. A candidate
NIR will be recognised by the EC in accordance with the policies in this document. Request 1: Please go through
http://www.apnic.net/__data/assets/pdf_file/0019/14914/india-nir-application.pdf
and discuss whether there is any deviation from the policies of NIR criteria. Request 2: I don’t
think APNIC has a jurisdiction to go out of the policy document, that is criteria for NIR. That translates into the fact that, EC can only decide based on whether the applicant meets the policy criteria or not. EC cannot decide whether India needs a NIR or
not. Hence, lets limit our discussion on whether the policy criteria is met by applicant or not. Request 3: As part of the community members who want NIR, I hereby declare that there is no reason
that the community wants to disclose to have the NIR. There is no noble-cause other than seeing it as a solution to some of the problems/issues faced by the community members of Indian subcontinent. Hence, lets drop this cause & purpose discussion. I request fellow community members not to get emotional. We don’t want NIR for the sake of having
it. We participate to make it work better to address the requirements of the community members. If there is a lack of proof as per NIR criteria of APNIC, we will just address those through this discussion forum, logically.
All fruitful debates / doubts / questions will be addressed. Regards Desi Valli From:
Vebtel - Kusumba S [mailto:kusumba at vebtel dot com]
While one agrees that the debate is "fruitful", some part said it is "emotional".... oopsss... its the same confusion as exists
within the debate itself.... local language, no resources, expensive v/s NIR! Hhmm... “BTW: I don't see any communication happening
in the local languages here :-)” I hope this was not sarcastic. If it is, the easiest way to dilute a fruitful debate is becoming sarcastic in between,
and make things emotional. Hence, I prefer to ignore this. Having said that, if I write in Tamil, my mother tongue none of the debating community will be able to even read the first letter. I can communicate in 6 local languages, if any wish to make these
clarifications to be given in those. Regards Desi Valli From:
apnic-talk-bounces at lists dot apnic dot net [mailto:apnic-talk-bounces at lists dot apnic dot net]
On Behalf Of Vebtel - Kusumba S Dear Mark, Vebtel - Kusumba S wrote:
Read thru complete mail and did not find still what probably community needs to understand at this moment. Please don't get us wrong! There is a disconnect in between "purpose"
and "cause" here and it is important that the "purpose" is agreeable to the community to allow the "cause". All one is trying to understand here is that "purpose".
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