Wednesday, June 30, 2010


Anand Plaza,  Anand Rao Circle, Bangalore-560 009
Phone : 22260185/22266469  email:
 Circular No. 4/2010                                                                                Dated: 30 Jun 2010
Ever since the news about our obtaining an interim stay at the Hon’ble Madras High Court was flashed through the internet on 23.06.2010, we have been receiving hundreds of calls from various parts of the country requesting them to provide additional details.   
Simultaneously, a vicious propaganda was unleashed through SMS in the Tamil Nadu region that the stay is applicable only for our members and not for others.  Those who had no idea about the details of our affidavit were spreading another rumour that by obtaining a stay order we have stopped all chances of getting any option for pension.  In many other parts of the country,  another sms campaign was going on that obtention of an interim stay is nothing but a false propaganda and there was no such stay.  Many AIBEA leaders were quoting the internet and telling their members that no such case is available in the web site of Madras High Court.  
On the contrary, congratulatory messages were pouring in thousands from bank employees  from various parts of the country, especially from U. P., which has taken a lead in organizing their protest over this settlement from day one.
First let us make one thing clear.  Our writ petition was filed only to quash the Clause 32 of the 9th bipartite settlement and that of Clause 1 of the pension settlement, in so far as the said clauses require the PF optees to contribute 2.8 times the Nov 2007 revised pay if they want to opt for the pension scheme.  We had also further prayed to direct the respondents to strictly adhere to Clause 3 of the minutes of discussions held on 27.11.2009 between the IBA and the unions with regard to sharing the additional cost of pension.
Ever since the signing of the settlement, the UFBU has never come out with any communication for the reasons in their sudden change of stand from the earlier agreed terms of  1.6 times (as per the minutes of discussion on 27.11.2009) the revised pay from all the employees to putting the entire load on the PF optees.  Now we have made all the signatory unions of the settlement, besides the IBA  as respondents  in our writ petition.  The real face of all these unions will now become public when they file their counter to our writ petition  in the HighCourt.
The earlier orders of the court was received by us late in the evening of 25.06.2010 and on perusing the verbatim orders, we observed some error in our representation.  Our advocates moved the   necessary motion before the Hon’ble High Court to set right those errors at the earliest opportunity viz., on 28.06.2010.  The Hon’ble Court was pleased to permit the same and accordingly our case was listed on 29.06.2010 as an adjourned admission case.
During the course of the hearing on 29.06.2010, the advocates for AIBEA and IBA were present  and they objected to the continuation of the stay and wanted the same  to be vacated..  The Hon’ble Judge  turned down their objections and advised them to file their counter, now that they have taken note of our writ petition.   The Hon’ble Judge also ruled in the open court that he will issue amended orders as prayed for by us. Now the  case has been posted for next hearing on  06.07.2010.
Friends, we now want all of you to be clear about one thing.  The interim stay is  only on the operation of Clause 32 of the 9th  bipartite Settlement & Clause 1 of the pension settlement, only in so far as the said clause require the PF optees  to contribute 2.8 times of  Nov 2007 pay to become members of the Pension Fund.  It is not limited just to our members alone, but applicable for all the bank employees who are affected by the said settlement.  We have neither obtained any stay on the settlement  nor have we interfered in any manner with the payment of arrears.
Our entire writ petition can be viewed in the internet at and also at,  both of whom  have been doing a commendable job of  empowering the bank employees by bringing out  the latest happenings in the industry. (Click here to view the entire writ petition )
It has also been brought to our knowledge that another sms campaign is going around advising the bank employees not to pay any money or donation for fighting court cases.  To day, we can proudly inform everybody that Canara Bank Workers’ Union has not collected a single paisa from anybody for this court case expense nor do we intend collecting any donation or levy from any source.  All our expenses are met through our own resources only.  Let it be  remembered that this union was nurtured by  the late Shri Devidas Pai, our former General Secretary, a towering personality who was well known for his impeccablefinancial integrity and high moral standards.
With Greetings,
Fraternally yours,
(Balasubramanya Pai)
Source :


rishikesh said...

'The stand of other unions will also be clear within a week, as court in its orders says ""Notice to respondents returnable by 06.07.2010. There shall be an interim order of stay". (all major unions are respondents in this case). The reports indicate that NOBW may support the petition filed by Canara Bank Workers Unions. Similarly, BEFI may not oppose the petition of Canara Bank Workers union. The protest by INBEF has already been incorporated in the affidavit filed in the Court.'
text from

vatsan said...

dear friends,

Sunil said...

Why so Late?.This stay is going just delay the pension settlement.This stay has come when Most of banks have already given arrears.So what sense it makes now.This is only going to cause hardship to retirees who are waiting for pensions

Jay Vijay said...

The whole issue of pension was drafted in hurry because Iba wanted Nps to be implemented from 1st april 2010 and secondly they were very eager to offer the pension option to the existing pf optees the reason is so that most of banks pension funds are mismanaged and have depleted and they have not made provision from profit to fund the gap so only if these banks/Iba with the help of union leaders if can dole out the carrot to the existing pf optees so thet they can lay hand on the existing pf optees banks contribution of some 25/35000 crs with which these banks can smoothly handle the coming superannuation festival by 2012.
Not a single leader have asked for the details of the pension funda accounts from banks or Iba and they are hand in glove with banks management.
I again warn pf optees think 1000 times before opting for pension carrot. This they are giving you on paper. and teking your banks pf contribution . This is not a 3rd benefit like in SBi & Allabad Bank

Runtrailblog said...


Counter Affidavit by AIBEA



The precipitative action taken by a section of the bank employees has jeopardised the implementatation of the 2nd Pension Option now a golden opportunity. The misguided employees are still in an utopian world just like they were 15 years back when Pension was initially introduced in the banking Sector.

Dreaming of an astronomical figure and making so many calculations lakhs and lakhs of bank employees were misguided not to opt for pension. Now almost 15 years later the similar situation has occured. Painful part of this is there are enough arguments are put forth to thwart the implementation. The sad thing is that we bank employees live in figures make our life also miserable by stupid calculations.

They dont think how much willing bank employees are getting affected because of this foolish acts. As I said earlier, by the time case is decided no one knows how many bank employees will be alive to enjoy the benefit. Till such time the case is decided these retirees have to lead a miserable life. During the service period also the employees lead a miserable life because of salary structure and the working conditions. Now because of the misguided action of the certain employees these employees who retire soon will be forced to live a miserable life due to financial difficulties that they may face.

Just because of a few handful employees more than two lakhs or more are getting affected. Leave alone those retirees , and those who retire soon. They will never have peace of mind.

Let those people think about these facts and act.




The precipitative action taken by a section of the bank employees has jeopardised the implementatation of the 2nd Pension Option now a golden opportunity. The misguided employees are still in an utopian world just like they were 15 years back when Pension was initially introduced in the banking Sector.

Dreaming of an astronomical figure and making so many calculations lakhs and lakhs of bank employees were misguided not to opt for pension. Now almost 15 years later the similar situation has occured. Painful part of this is there are enough arguments are put forth to thwart the implementation. The sad thing is that we bank employees live in figures make our life also miserable by stupid calculations.

They dont think how much willing bank employees are getting affected because of this foolish acts. As I said earlier, by the time case is decided no one knows how many bank employees will be alive to enjoy the benefit. Till such time the case is decided these retirees have to lead a miserable life. During the service period also the employees lead a miserable life because of salary structure and the working conditions. Now because of the misguided action of the certain employees these employees who retire soon will be forced to live a miserable life due to non existance of financial support. The pension option has come as a boon to all the 2 lakhs more employees.More it gets delayed the more the people will suffer.
Let those people think about these facts and act.


Jay Vijay said...

Mr Kishen

Where in the world the pension fund gasp is recovred from pension & pf optees.
WHich calulatyions you are taking. You are trying to sell a dream which would never ever be fullfilled for those opt pension now.
Banks /Iba are offerring pensipon not as a sociasl security but they dont even have enough funds to pay the existing pension optees and those who are about to retire in next 2/3 years so the only short term recourse is pf optees funds.

So stop all this illogical arguments


Mr jay Vijay

Now you are in the similar situation we were there when the pension was first the very first offered to the bank employees. If PF would have been better, the bank employees would not have fought demanding introduction of pension in the banking sector.

When this had materialised they were much more confused whether to take pension or not. Now a similar situation has arisen. You mean to say all the two lakhs employees were fools.Since we ourselves pretend that we are all best Fund Managers, such follies are happening. If the pension option is not taken by the bank employees no damage will be there either for the banks or the IBA . the ultimate sufferers will be the bank employees only.

Another thing is that it is not compulsory on the part of the bank employees to opt for pension by surrendering 2.80 times. Those who are willing only have to pay and take the pension option. Hence no one has the right to stand on the way of other willing employees creating an impasse.


Vasu said...

The case at Madras High court is listed for today (5/8/10). If one were to go by past trends it is doubtful if it would be taken up even today. Now it is exactly a month since the case was taken up for hearing.At this rate probably unless the case is listed at Sr.No:1 there is little hope of early hearing !The silence on the part of the leaders is baffling. What prevents them to urge IBA to issue option letter to retirees initially . Vasudevan

Runtrailblog said...

It is not against the pension pension, but the way which achieved by our unions.You cant blame the PF optees when following points emerged in their mind.
1. In the Pension Regulations 1993/1995 there is no provision for collecting money from employees to make up the short-fall in pension fund. If at all any short fall is faced it should be made good by the banks itself. Then on what basis banks are now asking employees to contribute for short fall?

2. In 7th, 8th, 9th bi-partite settlements 8.25%, 9.25%, 13% of additional cost of pension was carved out of wage load and given to banks to make-up the shortfall in pension fund. This amount belongs to both Pension Optees and PF optees, but used for paying pension to Pension Optees only. Therefore is there any logic in asking funds now from PF optees only?

3. In the Pension Regulation 1993/1995 there was a clause stating that pension will not be paid to those employees who participates in any strike. In 1999, this clause has been removed, but no fresh option is given to PF optees to join pension scheme then. Why?

4. In Railways and RBI fresh options were given to employees to join Pension Scheme several times without asking single paisa. Then why in Banks Employees are asked to contribute towards Pension Fund?

5. If all the employees have opted for Pension in 1996/1995 itself, how banks would have managed Pension Fund?

6. In State Bank of India three retirement benefits are being given to employees. viz.PF+Pension+Gratuity. In Public Sector Banks only two benefits are available. Even for that second benefit Employees have to pay in every wage revision settlement. Does it mean Bank Employees are not given two retirement benefits, but they are given only 1.5 benefits i.e. half of what SBI employees are getting?

7. When SBI associate banks are merged with SBI, Govt. is ready to extend Pension Benefit to those Employees of associate banks without asking anything from employees. Where from money comes from to meet the additional expenditure ?

8. Banks are ready to incur expenditure to the extend of 14%( 10% of B.P+D.A) towards P.F for new recruits from 01.04.2010 .
but not ready to pay more than 10% for PF optees. Why?

Runtrailblog said...
This comment has been removed by the author.
Runtrailblog said...

And the most interesting part is the IBA's writ appeal against stay order of Madras High Court , at para 9 they say :

"The retirees post 27.11.2009 are in danger of not receiving any pension at all due to lack of funds, a situation created by the interim order. Had the interim order not been passed, the new pension optees would have contributed to the fund and would have been immediately benefited".

It clearly indicates banks are running short of funds, and these funds are immediately required to pay pension by robbing the serving employees.

Those people who are opting for pension will be sitting on a volcano as after paying all these amount, they may not be able to get the pension after few months.Especially that is going to be aggravated when the mass retirement between 2012-2015 happens.

Everyone knows pension is a social commitment, but in banking industry we have to purchase it.It is illegal to impose 2.8 times from PF Optees and 156 % from Retirees as penalty .Rules and regulations should be same for everyone.Divide and rule policy implemented by Unions & IBA worked out superbly!!


There is nothing to say because all theses theories would have been relevant when pension was first introduced. Bank employees will live in this utopian ideas as they did last time and regret later.

The more it is delayed it will only bring hardships to all. Todays younger generation will be tomorrows old. Then they will realise the folly. If this is delayed or denied neither the banks nor the IBA will be the loosers. The bank employees,a section , will suddenly become smart which will hardships for a larger percentage. Any way nothing more to add.


Runtrailblog said...
This comment has been removed by the author.
Runtrailblog said...

To you it may theories & utopian ideas .But for us those are realities.Everyone knows it , including you.But it is easy to be pretend .Dont bluff when somebody tells the truth.

As I told none of us are against pension option .If there is any delay in implementation , that is only because of our beloved leaders action.Their meek surrender to IBA


We cannot find fault with the leaders nor the IBA. Any benefits, if it is not timely, will be of no use..

The PF Optees had to anxiously wait for 15 long painful years to get the 2nd option. If it is not taken neither the IBA nor the Banks will be losing any thing. The ultimate sufferers will be the retirees and the PF optees. The retirees and the PF optees are really crying and cursing. The 15 years of long wait and fight at last when materialized got stalled by a section of bank employees. One wonders where were these people during the last 15 years. These people instead of helping lakhs and lakhs of employees and retirees are in turn really helping the IBA only. There is no point in further discussing on this. Let whatever may come.


Vasu said...

I wonder why it is not possible for the leaders to take up the matter with IBA for issuance of option letters to retirees who are anxiously waiting to draw pension,The ongoing court case does not seem to come in the way of retirees(who are probably willing to refund the stipulated amount of PF) opting for second option. I may be corrected if my understanding is incorrect. Vasudevan

Runtrailblog said...

Filing of one single case by the smallest unions in the banking industry on behalf of PF optees has shattered all the hopes of IBA and union leadsers, for suppressing the PF optees. Why these leaders are now silent? Where is that strong legal opinion which shattered them on the night of 26th and 27th April, 2010 night?

These leaders appears to be so much afraid of pension optees that merely one legal opinion sent them for cover and they meekly surrendered before IBA, thinking that PF optees are beggers and will remain silent. They thought that as these PF optees could be cheated easily in the earlier BPS, they can be cheated this time too..
Read more here


hello every body
This smallest union could have taken a big stride by filing a case and argues for pension during the past 15 years. Why they had waited and lost the past 15 years to argue and get pension if they were so concerned. When the pension issue was settled some how or the other how suddenly a realisation of helping the employees came to their mind and stalled the same.There should be some other ulterior motives behind this.

Do they want further 15 years for getting things alright.

We PF optees were hoping against hope and almost lost the hope of getting second option. This is really a big boon.If this opportunity had not come nothing and nothing could have been done by any one.So many retirees are keeping their money intact hoping for this golden opportunities. Poor chaps.

Runtrailblog said...

Regulation 7 of Bank Employees’ Pension Regulations, 1995, Speaks as Under
7.Composition of the Fund – The Fund Shall Consist of the Following, Namely –

(a)The Contribution by the Bank at the Rate of 10% Per Month of the Pay of the Employee;

(b)The Accumulated Contributions of the Bank to the Provident Fund and Interest Accrued thereon upto the Date of Such Transfer in Respect of the Employees;

(c)The Amount Consisting of Contributions of the Bank Alongwith Interest Refunded by the Employees who had Retired before the Notified Date, but Who Opt for Pension in Accordance with the Provisions Contained in these Regulations;

(d)The Investment in Annuities or Securities Purchased out of the Moneys of the Fund and Interest thereon;

(e)Amount of any Capital Gains Arising from the Capital Assets of the Fund;

(f)The Additional Annual Contribution made by the Banks in Accordance with the Provisions Contained in Regulation 11 of these Regulations;

(g)Any Income from Investments of the Amounts Credited to the Fund;

(h)The Amount Consisting of Contribution of the Bank along with Interest Refunded by the Family of the Deceased Employees

When the Banks’ Managements are asking Bank Employees Should Share the Additional Cost of Pension, is clear Violative of Regulations 7 and 11 of Bank Employees’ Pension Regulations, 1995. And Why the Unions becoming Willing Partners in this “Murky and Illegal Deed” at all ?

Runtrailblog said...

The Payment of Pension is a “Statutory Liability”, Undertaken by the Government and in Banks also, Payment of Pension is a “Statutory Liability” Undertaken by the Banks, as Bank Employees Pension Regulations 1995 are Framed, In Exercise of the Powers Conferred on the Board of Directors of the Banks, Under Clause (f) of Sub-Section (2) of Banking Companies Act, 1970

Fraud on Pension/PF Optees

·When pension was offered in lieu of provident fund. IBA/ Banks can not recover any cost/ incremental cost from pension/PF optees. It is totally illegal and can not stand for judicial scrutiny in the court of law.

·The pension scheme of 1995 was not contributory in nature, any recovery toward the cost is illegal.

·The unions have wrongly agreed to IBA proposal for sharing the cost in all the above 3 settlements.

·If Bank employees pension was contributory in nature, there was no need to implement NPS w.e.f. 01.04.2010 in the banks.

·Neither the Central Govt. employees/ Railway/ State Govt. Employees nor Judges of high Court/ Supreme Court pay any thing toward the cost of pension and our pension regulations are based on there pension regulations only

Still many employees are not clearly understood , what our pension rules & regulations stated.Many are still un-aware about the fund diversion ( 8.25 % in 7 th,9.25 % in 8th & 13% in 9th bipartites).Only this time when the controvery of 2.8 times & 156 % penality emerged , then only they came to know about the earlier diversions.So there is no need to wonder where were these people during the last 15 years as Kishen said.

In nutshell IBA& Unions violated Bank Employees’ Pension Regulations 1995.The deducted amount should be return back to pension optees aswell as PF optees.The Payment of Pension is a Statutory Liability of Bank managements.


Now I wonder whether it took 15 long years to realise and under stand the Pension Regulations Act? If this could had been understood during the past 15 years while the employees were fighting for 2nd option, every one would have been happy.Those who are trying to study the Pension Regulations now could have studied at the appropriate time and resorted to legal remedy. And not now.

All these arguments and reasonings are coming out only now when the 2nd option has now been achieved impeding its implementaion and disallowing the retirees to take benefit out of it.

Already the NPS scheme is implemented in Central government, which IBA was ready to offer to Bank /employees as well. Hence there is no denial of Pension. But the leaders chose the present form of pension which is more beneficial.


Runtrailblog said...

There is no need to wonder Mr.Kishen.What I said is true.In my branch there are more than 50 employees .Out of that 80 % are unaware of it.Frankly speaking I was also one among them .It is an indication what will be the position in other branches and other banks.
Everytime unions are boasting themselves about wage settlement as historical achivement,and they hide adverse side of it.And due to the work load many have no spare time to read their circulars.

Another thing is change in the communication media.Due to the implementation of computers in banks ,internet facility, email facility makes a lot of change & have great impact.I mean informations spreading fast and more effective.There are web sites like, and help the banking community to understand the things very clearly.
So what I mentioned earlier are not arguments. Those rules & regulations clearly mentioned in Act .It is absurd to argue at any cost bank employees should meekly surrender to the illegal settlement.When there is a Violation of Regulations by the unions and managements , only at time employees can resort legal remedy.That happens this time.So no one has any voice to compel others should share 2.8 times& 156 % .


Since the agreement is reached only such type of rhetoric arguments are coming out. If IBA had thrusted upon us the NPS every one would have meekly submitted and accepted the same.If it had happened there would not have been any case or any words from any quarters.

We would have meekly accepted the same.

This act will only bring hardships to the willing PF optees and the retirees. Your words no can compel any one is correct. Like that no one has the right to prevent others from opting for the second option. The settlement has amply made it clear that only those employees who want to take the second option alone have to pay 2.80 time and not others.There is no point in writing it again and again.


Runtrailblog said...

Still I couldnt understand, when there is no option to recovery from employees in the Bank Employees Pension Regulations 1995itself,why you are arguing for it?All the last 3 settlements are null and void .Are you advocating to violate rules?.Your arguments resembles our majoirty union(HMV?).When the IBA's affidavit states there is no fund available to disburse pension for retirees, are you here to advise PF Optees should surrender thier earnings?It is absurd!.There is no meaning to continue.... We can't wake a person who is pretending to be asleep.

observe said...

Kishen might have his/her own reasons to believe whatever he/she thinks is right. But he/she cannot demand that he/she only is right. He/She has to take efforts to understand others views also. The situation is so serious, that both PF and Pension optees are losing heavily at the cost of maintaining these useless leaders who do not either care for the members welfare or do not have done their homework during negotiation.


There is wast difference between Pragmatism and dogmatism.

If it is pragmatic accepting the Pension option in the present form will be best for all after a long painful wait of 15 years gruelsome period.

If it is argued "as per rule , regulations etc" we need not had to wait for this 15 years fighting for the second option. It would have come its own way.

Now if you go as per Pension regulation , only Pension is to be given. It is not mentioned in which form. Hence if we had not accepted this present settlement, IBA wanted to introduce NPS, in which case both employees contribution and Bank's contribution would have to be surrendered. The pension would be determined by the market forces without any definite commitment.

If this had been accepted no one needed to have to pay either 2.80times nor 100+56%. (100% every one has to pay whether existing PF optees or retirees). The reirees are paying an additional 56% in lieu of 1/3 commutation and the interest factor.

Runtrailblog said...

If the management is adamant ,then the strong unions (which claims more than 95% representaion of bank employees) will yield to them ? Are they for to protect employees or the management? Then why unions ? For accepting any proposal detrimental to employees? why bipartite? Why leavy?Why union subscription? What is their role in wage revisions? There we feel something fishy.So you mean that is the pragmatic way? Pity you!

Remmember in Railways ,LIC and RBI fresh options were given to employees to join Pension Scheme several times without asking single paisa.Dont be a Frog in the Shallow Well

chintu said...

If the unions/associations are strong why we will have this plight of affairs. Our UFBU and their constituents are behaving like extra powers in almost all the banks in getting transfers etc and leaving the vital issues to lurch.Thank our selves that we have great leadership in the early 1990 and because of them we have got pension option in the Banks. Such leadership is absent and we have to curse our selves for present state of affairs.


There is no meaning in going on arguing. When we ultimate loose the chance for this pension option then only people will realise. The misconceived action of a section of employees at this juncture has sealed of the retired people and also large number of PF optees' hope of getting one more option of pension.

Poor PF optees. adiue

vatsan said...

madame usha venkat
you are wrong. dont mis guide

Shanmuganathan said...

The present pension option has been achieved after a very long time with much sacrifices. Ultimately Canara Bank workers' union will be responsible if anything happens against the wishes of large number of PF optees. I do not know what interest this union is having.

Runtrailblog said...

Yes, What you said is true.Not only poor PF Optees ,but the pension optees are also cheated by the Bank management and UFBU.

All bankers are aware that two set of rules are in force in banks for disbursement of salary , one for substaff to general manager which is governed by the bipartite settlements and for ED & CMD by the central govt. as per the central pay commissions.Just because the cmd's are the members of the managing commitee of IBA ,they are never bothered about the poor employees as they were drawing hefty salary in the scale of Joint Secy. of Central Govt.

And the unions have huge amount of subscription and levy(crores& crores).Most of the leaders are retired / persons from politics, not aware of of present working condtions(most of them are from pre-computer era) and present employees workload .It is evident that they are no way concerned with the welfare of the bank employees community.As chintu mentioned in this blog , once upon a time we had great leadership .Every one should be aware , what is going around and where we stand .It is not for PF Optees alone , but for the whole banking community.It is better late than never.

Runtrailblog said...

You are wrong, it is not Canara Bank workers' union 's fault.All these turmoil only because of AIBEA & other unions .Dont simply forgot the root cause.

Runtrailblog said...

After more than one month's wait, this writ petition was called for hearing yesterday. It is reported that no advocates was present in the Court from the side of IBA, AIBEA-NCBE or Canara Bank.
The hon'ble judge remarked that these are the counsels who were urging for an early hearing, And when the hearing is granted, they don't show up. The hearing on the writ petition has now been adjourned for 18.08.2010. Thus, case is delayed by about 10 days merely due to the casual attitude of IBA, and union leaders.
Are all these are in hand in glove to delay the process of issuing the pension circular??IBA and union leaders are least bothered for the plight of the bankers, specially the retired bankers who were keenly awaiting the hearing at Madras High Court.


Runtrailblog owner

What Shanmughanathan has written is absolutely correct. Canara bank worker's union is solely responsible for the delay. If not what they were doing for the past 15 long long years. When the settlement is almost over, suddenly they emerged from nowhere and blocked it. All the PF optees and retirees are crying and cursing for this action at the most inappropriate time. If it had not happended by this time all would have opted for pension and sighed a relief.

Now the time will say

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